Roger Muse and his son Daniel Muse are prohibited for three years from performing any significant influence functions at firms carrying out regulated financial activities. This order will prevent them from running or managing a regulated business whether as sole traders, employees or appointed representatives of another firm.
Margaret Cole, FSA Director of Enforcement, said: "This three year ban should send out a clear message that prohibitions will be used to protect consumers where senior management fail to demonstrate that they are able and willing to comply with their regulatory obligations. Both of these directors failed to discharge their duties as approved persons to ensure that their firm complied with the FSA’s client money rules. Although no clients were directly affected, the systems and controls for handling client money at this firm were wholly inadequate. The FSA’s rules – relating to proper segregation and accounting for client money held by firms – are a vital protection for consumers. The FSA will not wait for client money to be lost before taking action, and senior management will be held personally responsible for ensuring that their firms comply."
Roger Muse and Daniel Muse failed to ensure that:
proper records were kept relating to the firm’s transactions and commitments in respect of client money;
client money calculations were performed at the firm and that the firm kept a record of how it performed the calculations;
the firm dealt with any shortfall or surplus in client money in accordance with the FSA’s rules relating to client money;
written notice was provided to the firm’s bank that monies in its client bank account were held by the firm as trustee; and
the firm notified the FSA that it was not performing the client money calculations.
