There may be cases where, even though the individual or firm has satisfied the DFSA that payment of the financial penalty would cause serious financial hardship, the DFSA considers the contravention to be so serious that it is not appropriate to reduce the financial penalty. The DFSA will consider all the circumstances of the case in determining whether this course of action is appropriate, including whether:
(a) the individual or firm directly or indirectly derived an economic benefit from the contravention and, if so, the extent of that economic benefit;
(b) the individual or firm acted fraudulently or dishonestly with a view to personal gain; or
(c) the individual or firm has spent money or dissipated assets in anticipation of DFSA or other enforcement action with a view to frustrating or limiting the impact of action taken by the DFSA or other authorities.
Inserted (Made 21st August 2014). August 2014 Edition