Ethics and governance in the European Financial centers

Supporting actually a financial center means sentencing, especially in cases of criminal breach of fiduciary duty. This reflects need to protect reputation of Island’s financial services industry and is a positive sign of ethics all the more as issues are transparent.

FRAUDULENT CONVERSION—factors for consideration

Six years’ imprisonment is an appropriate sentence for an accused convicted of a multi-million pound series of fraudulent conversions, committed to fund his neurotic addiction to gambling. Whilst a plea of guilty (which saves time and cost) and remorse are mitigating factors, the fact that his gambling has been encouraged by others is not. Furthermore, the court should have regard to the effect of the offence on the reputation of the Island’s financial businesses (Hayden v. Att. Gen., 1985–86 JLR N–23, considered; Att. Gen. v. Delaney, Royal Court, May 13th, 1993, unreported, considered; R. v. Aucott (1989), 11 Cr. App. R. (S.) 86, dictum of Watkins, L.J. considered; R. v. Barrick (1985), 7 Cr. App. R. (S.) 142, considered).
Att. Gen. v. Hanley (Royal Ct.: Crill, Bailiff and Jurats Coutanche, Vint, Bonn, Orchard, Hamon, Le Ruez, Herbert and Rumfitt), October 14th, 1993.

FORGERY—sentence—breach of trust—mitigating factors

The appellant was an accountant who had pleaded guilty to 15 counts of forgery, uttering and obtaining money on false instructions and fraudulent conversion, involving £52,600 of funds administered on behalf of clients in England. The proceeds were used primarily to relieve his liabilities incurred mainly through unsuccessful investment. He sold his business and left the Island leaving the problems unresolved and a considerable sum of money unaccounted for. He appealed against a sentence of four years’ imprisonment.
Held: The appellant’s behaviour amounted to a gross breach of trust and it was of paramount importance that the reputation and integrity of the financial businesses on the Island should be preserved. Nevertheless, important mitigating factors were the appellant’s total co-operation with the police, his previous good behaviour and subsequent remorse, his intention to repay and his actual repayment of some of the money, and the occurrence of the offences over the relatively short period of five years. The sentence would be reduced to one of three years, based on the particular circumstances of the case, without making any comment on appropriate tariff levels (R. v. Pemberton (1982), 4 Cr. App. R. (S.) 328, distinguished).
Hayden v. Att. Gen. (C.A.: Neill, Clyde and Collins, JJ.A.): July 10th, 1985.

More cases in the financial sector