Secondary

moonstone-appeal-board-decision

Appeal Board Decision

It is not often that a determination by the FSB Appeal Board reveals some of the sad human realities of our society.

The Appellant was debarred for two years for submitting false applications.

In her appeal, she indicated that she was in an abusive relationship with her husband, who was also her manager at her place of employment. She indicated that he, in fact, falsified the signatures and that she, despite knowing this, submitted the applications.

At the time I was in a serious abusive relationship with my ex-husband, who was also my manager and boss at the time. Due to this abusive relationship and undue pressure, I was in a situation where it was ‘do as he says or face his wrath’. I was honestly not thinking straight under these circumstances and never realized the consequences.

I am also aware that there was a duty on me to act honestly and in the best interests of the clients and should have reported the falsification of the declaration forms. But honestly, as mentioned, at the time I was more afraid of being assaulted than considering the consequences that could flow from not disclosing the submission of falsified documents.”

In her appeal, she indicated that she was no longer married, and therefore would no longer be subject to “…the undue pressure he exerted on her.”

In coming to its decision, the Appeal Board indicated the following:

However, we agree with the Registrar’s findings that by knowingly submitting policy applications with falsified information, she was dishonest, lacked integrity and placed her own (financial) interests above those of her clients. Even if the mitigating circumstances she pleads are taken into account, she does not inspire sufficient confidence that there would not be a recurrence of the conduct in question should she not be debarred for a period of time, enabling her to regenerate and rehabilitate herself.

In our view, the two-year period of debarment is minimal and therefore most appropriate.

Please click here to download the Appeal Board decision.

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