RE: Its about the FCA Failure5 Feb 2019 15:54
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https://www.ft.com/content/96495d75-bb00-3b03-977d-956897362b73
Ex-Logica analyst, neighbour avoid jail time in insider-trading sentence
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Caroline Binham January 13, 2017
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A former business analyst at Logica and his neighbour have avoided jail by receiving suspended sentences and community-work orders? after pleading guilty to insider trading around the company’s £1.7bn takeover in 2012.
Manjeet Singh Mohal, 59, and his neighbour in the London borough of Southall, Reshim Birk, 55, pleaded guilty one week into their jury trial in November, in the latest case of insider trading brought by the Financial Conduct Authority.
Birk, who netted about £100,000 in profit from shares and options in Logica after Mohal’s tip-off, was sentenced to 16 months, suspended over two years and 200 hours of community service. He will also have to pay £162,000 in confiscation as well as £42,000 of costs.
The prosecution could not prove benefit in Mohal’s case, so he will only pay £42,000 in costs. ?He received a 10-month sentence that was also suspended for two years. He must serve 180 hours of community service.
Judge Nicholas Cooke QC said he did not impose a custodial sentence because the men were of previous good character. He also took into account the delay since the offence in 2012.
“These are men of previous clean character; one made no benefit that can be proved. Those who commit financial crime can be hit in the pocket and given community work, even when it crosses the custodial threshold,” he said during sentencing. He said Birk was a “lucky man” not to be facing prison, given the amount he profited from insider trading.
Their sentencing nearly failed to happen on Friday after it emerged that Mohal had admitted different facts from those with which he had been originally charged.
Judge Cooke rebuked lawyers for both the defendants and FCA, warning that they risked putting the criminal justice system in disrepute. He said that unless the situation could be resolved, a so-called Newton hearing might be needed, or even that the plea might need to be vacated.
Newton hearings, which are rare, involve a judge rather than a jury determining the extent of a defendant’s guilt if he pleads to facts other than those with which he is charged.
Mohal’s lawyers and the FCA struck a last-minute deal, and the hearing proceeded six hours later than scheduled in an expedited process.
https://www.ft.com/content/9