best insurance companies - IFA fined and banned for insurance fraud : The FSA has fined IFA John Folan £70,000, ordered him to repay £125,117 in commission, and banned him from carrying out regulated financial services after he falsified insurance applications allegedly for his own profit.
According to the FSA, Mr Folan was the sole director and adviser for Key Mortgage Associates, a small mortgage and insurance intermediary in Brentwood, Essex.
The FSA statement said between January 2008 and September 2009, Mr Folan submitted more than 54 applications for life assurance and protection policies in his name, his wife’s name and the names of family members without their knowledge.
He submitted these applications to get commission payments from product providers.
He was paid £125,117 in commission in relation to 50 regulated insurance policies that were in placed as a result submitting multiple fictitious applications.
The FSA said product providers have tried to claw back commission in relation to these policies, but Mr Folan was unable to repay the debt.
In each case Mr Folan provided his own bank account details so direct debit payments could be taken by the insurance providers, and in three of the applications he falsified signatures of family members.
He used his own address so the people whose names he used would not become suspicious. When documentation was occasionally sent to family members, he said he was submitting sample policies.
Mr Folan aimed to keep up with the premiums, but when his money began to run out he took out further policies to secure more commission to cover the outstanding payments.
This process made the providers suspicious and they contacted the FSA and the regulator issued him with a final notice on 30 September 2011 for insurance fraud.
Mr Folan agreed to settle the matter under the FSA's executive settlement process and the fine was reduced by 30 per cent, otherwise it would have been £100,000.
Mr Folan destroyed policy documents as soon as he received them so there was no audit trail of his wrongdoing.
Tom Spender, head of retail enforcement for the FSA, said: “This is a significant fine to reflect significant failings. Mr Folan took advantage of his position as an FSA-approved individual for his own personal gain, and at the same time took advantage of his close family. The FSA concluded that he lacks honesty and integrity.
Mr Folan's actions tarnish the industry’s reputation and that is why we continue to pursue these cases and publish the findings. Anybody working in the industry who is tempted to commit any type of insurance fraud should note the consequences of their actions.”