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Published date: 15 July 2024

FCA bans individual knowingly concerned in FSMA breach

The FCA has published a final notice banning Clive Harris Mongelard from performing regulated activities.

Following civil proceedings in the High Court, Mr Mongelard was found to be knowingly concerned in multiple contraventions of sections 19 and 21 of FSMA by two companies, jointly operating as Gemini, that he was director of between January and November 2015. Mr Mongelard was found to be knowingly concerned in the following contraventions:

  • making arrangements under Article 25 RAO for investors to acquire shares and by advising investors to acquire shares under Article 53 RAO;

  • making financial promotions in respect of fundraisings;

  • making false or misleading statements in respect of fundraisings; and

  • making and/or causing to be made false and/or misleading statements in respect of fundraisings.

In May 2020, Mr Mongelard was ordered by the High Court to pay to the FCA £1,207,050, representing the losses suffered by investors in respect of their investment into Gemini. Mr Mo