Mr Andrew Crawford Norman Fleming (R) (2015-12-22)

Summary

This is a public statement issued by the Jersey Financial Services Commission naming Mr Andrew Crawford Norman Fleming and describing regulatory directions issued against him following his criminal conviction for supplying the Commission with false and misleading information. It is an individual enforcement notice rather than a rule of general application, but it creates binding restrictions on Mr Fleming and imposes a duty on financial services businesses not to employ or engage him.

• Background: Mr Fleming was convicted on 19 June 2015 by Jersey's Royal Court of supplying false and misleading information to the Commission, contrary to Article 28(1) of the Financial Services (Jersey) Law 1998, and was sentenced to 12 months imprisonment.
• Directions issued: Under Article 23(1) of the FS(J)L, the Commission has directed that Mr Fleming may not perform any function for, be employed by, or hold any position in any business licensed to conduct financial services business in Jersey.
• Duration: The directions remain in force unless and until Mr Fleming successfully applies under Article 23(6) for a variance or withdrawal; he has also received equivalent directions under the Banking Business (Jersey) Law 1991, the Collective Investment Funds (Jersey) Law 1988, and the Insurance Business (Jersey) Law 1996.
• Offences created: Mr Fleming commits an offence under Article 23(15) if he fails to comply with the directions; any person who knowingly allows him to perform a function, take employment, or hold a position in contravention of the directions commits an offence under Article 23(15A).

Licensed financial services businesses in Jersey should be aware of these restrictions to avoid inadvertently allowing Mr Fleming to work in or hold a position within a regulated business, as doing so knowingly is itself a criminal offence.

Key obligations

• Mr Fleming must not perform any function for, engage in employment by, or hold any position in any business licensed to conduct financial services business in Jersey, or he commits an offence under Article 23(15) of the FS(J)L.
• Any person or business must not knowingly allow Mr Fleming to perform a function, engage in employment, or hold a position in contravention of the directions, or they commit an offence under Article 23(15A) of the FS(J)L.

Applies to

financial services businesses licensed in Jersey, banking business, collective investment funds business, insurance business