AG -v- Fleming [2015] JRC 132 (19 June 2015)

AG -v- Fleming [2015] JRC 132 (19 June 2015)

Deliberate and sustained provision of false and misleading information to the Jersey Financial Services Commission in the context of an attempted acquisition of a trust company warrants a custodial sentence of 12 months' imprisonment to uphold the integrity of Jersey's financial services industry.

Citation
[2015] JRC 132
Parties
Defendant: [Defendant Name Not Provided]; Complainant: Jersey Financial Services Commission
Jurisdiction
Jersey
Judgment Date
19 June 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Supplying False Information, Financial Services Offences, Sentencing
Criminal Law Financial Regulation Supplying False Information Financial Services Offences Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

[Defendant Name Not Provided]

Defendant

Jersey Financial Services Commission

Complainant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant supplied false and misleading information to the Jersey Financial Services Commission contrary to Article 28(1) of the Financial Services (Jersey) Law 1998
  2. 2 Appropriate sentence for supplying false information to a financial regulator

Ratio Decidendi

Deliberate and sustained provision of false and misleading information to the Jersey Financial Services Commission in the context of an attempted acquisition of a trust company warrants a custodial sentence of 12 months' imprisonment to uphold the integrity of Jersey's financial services industry.

Court Disposition

convicted and sentenced

Orders

  • 12 months' imprisonment
  • confiscation of laptop as instrumentality of offence