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FCA prosecution results in data protection breach conviction

Link(s):Individual convicted and fined for data protection breach | FCA

Context

A prosecution by the FCA has resulted in a fine and conviction for Luke Coleman, a former Virgin Media O2 employee, who sold confidential customer data to family friend for use in a boiler room fraud.

Key points to note and next actions

This conviction follows the conviction of Raymondip Bedi and Patrick Mavanga, who were sentenced to a combined 12 years of imprisonment for their role in a crypto scam, linked to the confidential customer data, which resulted in least 65 investors being defrauded to the value of £1,541,799.

Luke Coleman sold confidential customer data to family friend Nicholas Harper for use in the boiler room fraud carried out by Bedi and Mavanga. Harper had pleaded guilty to assisting an offence to be committed in breach of the Data Protection Act but was subsequently acquitted of conspiracy to defraud by a jury.

Coleman was suspended by his employer, pending the outcome of the criminal investigation.

Steve Smart, executive director of enforcement and market oversight at the FCA, said: “Coleman abused his position of trust and enabled others to commit crimes which led to huge financial and emotional consequences for victims. This is our first prosecution under the Data Protection Act. Going forward, those who enable crime should be clear that we will use all of our powers to hold them to account.”

Coleman was fined £384 and ordered to pay a £38 surcharge and prosecution costs contribution of £500. A fine is the maximum penalty for this type of offence.