5.13.3

In determining whether to commence proceedings, we will take into account all relevant circumstances, including:

(a) the nature and seriousness of the suspected contravention;
(b) whether the suspected contravention is on-going;
(c) whether the contravention affects, or has the potential to affect, our objectives;
(d) whether a party who may have suffered detriment as a result of the alleged contravention is able to take his own remedial action;
(e) in circumstances where more than one person has suffered loss or damage:
(i) the number of those that have suffered loss or damage and the amount of loss or damage involved; and
(ii) whether it is convenient or possible for a class of aggrieved persons to commence a proceeding;
(f) the cost we would incur in applying for or enforcing any order that it is successful in obtaining;
(g) whether the conduct in question can be adequately addressed by the use of other regulatory powers;
(h) whether redress is available elsewhere or through another Non-ADGM Financial Services Regulator;
(i) whether there is a reason to believe that the person is or has been, involved in money laundering, terrorist financing or other form of financial crime or criminal conduct;
(j) whether the profits are quantifiable;
(k) whether the person is solvent; and
(l) whether we have a reasonable prospect of success in the relevant proceedings.