Two former Carillion finance directors fined by FCA over misleading statements
Two former finance directors of collapsed firm Carillion have been fined by the City watchdog after acting โrecklesslyโ and playing a part in misleading statements issued by the outsourcing giant before its high-profile demise eight years ago.
The Financial Conduct Authority (FCA) said Richard Adam and Zafar Khan were โboth aware of serious financial troubles in Carillionโs UK construction business but failed to reflect this in company announcements or alert the board and audit committeeโ.
The regulator said it had fined Mr Adam and Mr Khan ยฃ232,800 and ยฃ138,900 respectively, after the pair withdrew their challenges to the FCAโs findings.
It comes eight years since the outsourcing giant, which employed about 43,000 people including some 19,000 in the UK, collapsed in January 2018 with massive debts.
Before its failure, Carillion had been one of the UKโs biggest construction and facilities management companies, with several major government contracts.
The FCA said it found the ex-finance directors at Carillion โacted recklessly and were knowingly concerned in breaches by Carillion of the Market Abuse Regulation and the Listing Rulesโ.
Mr Adam was Carillionโs group finance director from April 2007 to the end of 2016 and was succeeded by Mr Khan, who acted in the role from January 2017 until September of that year.
The FCA said the pair had responsibility for Carillionโs procedures, systems and controls relating to financial reporting.
โThese were not sufficient to ensure that contract accounting judgments made in its UK construction business were made, recorded and reported appropriately,โ it added.
Steve Smart, joint executive director of enforcement and market oversight at the FCA, said: โThose in positions of responsibility have a duty to keep the market accurately and adequately informed.
โWith Carillion, we have seen the serious impact it can have when they donโt.
โThe action taken against Mr Adam and Mr Khan demonstrates our commitment to preventing market abuse and upholding the standards we expect.โ
Mr Khan said he settled with the FCA to bring the matter to an end after lengthy proceedings.
He said: โI was finance director of Carillion for just eight months, before leaving in September 2017, some five months before Carillion went into liquidation in January 2018.
โAlmost eight years later, the FCAโs proceedings against me are still continuing.
โHowever, I no longer have the financial resources to enable me to continue to defend these allegations and the extremely drawn-out nature of these proceedings has had a considerable impact on me and my family.
โTherefore, I have decided to agree a settlement with the FCA to bring this matter to an end.โ
He added: โI continueย to believe I acted at all times with integrity and in the best interests of the company.โ
Former Carillion chief executive Richard Howson was also handed a decision notice by the FCA in 2022, but is disputing the regulatorโs findings, with a tribunal hearing set for February 16.
In October 2023, KPMG was handed a record ยฃ21 million fine by the Financial Reporting Council over its audits of Carillion.
