RE: RevB FCA Investogation. Question to Okehurst23 Jul 2023 13:27
Thanks for that reply Okehurst.
Have to agree that most of the issues are Legacy and already covered by the independent report REVB commissioned and have been strengthened processes, Corporate governance and reinstalling integrity ever since, sufficient to satisfy the lifting of suspension. The only had two "main" work streams outstanding were 1) the negotiations with Tom Allsworth to get a reduction in the the overvaluation of the Medichem business as per the independent valuation of the deal. (Positive if so) 2) being a Letter that REVB had served on Adam Minto (possibly the main culprit imho) to recover the costs attributed from any wrongdoing and putting them right. 7th July deadline for reply but I guess the GM business sidelined that. That tally will get added to.
So yes most of the donkey work has already been been done in terms of correcting things and they can willingly hand over the McFarlane FRA Report and update on all the work done since.
I'm sure ultimately it will result in a fine of some sort for REVB. Obviously the FCA have poetic licence here in anything they decide, but it looks like the revenue concerned normally is the starting point. They then decide which band to put it in based on a large number of mitigating factors. For me BH and EL Board are replacements and have ticked a substantial amount of mitigating factors boxes that reduce this into the lower bands.
If I read Hosai's postings off the FCA handbooks correctly and his workings out then it could be somewhere between 0% and 20% of the revenue concerned in the fudged figures, (circa £9Million). The bandings fyi are (a) level 1 - 0%; (b) level 2 5%;(c) level 3 - 10%;(d) level 4 - 15%; and (e) level 5 - 20%. The mitigating factors move it up or down the bands are for instance promptly notifying the FCA, the level of cooperation they give, steps taken to remedy any breaches, previous company good behaviour etc etc. A significant amount of these positive ones REVB tick the boxes. Others detract like previous FCA improvement notices, but I'm not aware of any of those.
My gut is that they will be gunning for the previous Directors (Minto, Allsworth and the previous CFO) and can impose personal sanction on them as well in terms of Fines and Barring. Hopefully all dealt with outside courts and their sanction. Anyways another sideshow.
I dabble in and out of here quietly and on REVB where I do hold and was just weighing things up for maybe an entry here and top up on REVB should there be any falls. I'm always conscious BOO might use the opportunity to increase to 29.9% or go that one step further.
Worth reading what's in Hosai's posts if you haven't already. Highly informative.