The FCA have taken
https://investing4you.co.uk down. This is not a trivial process and requires the correct process to be followed - I posted example documentation of this before in this thread and requires the FCA to have a legitimate reason for them to make the request - such as laws being broken.
As for Declan being guilty / not guilty.
Declan
was/is in breach of Section 19 and 21 of FSMA.
An Act to make provision about the regulation of financial services and markets; to provide for the transfer of certain statutory functions relating to building societies, friendly societies, industrial and provident societies and certain other mutual societies; and for connected purposes.
www.legislation.gov.uk
Under section 19 Financial Services and Markets Act 2000 (FSMA) a person is not permitted to carry on a regulated activity unless they are authorized by the FCA or they are an exempt person. This is often referred to as the general prohibition. The activities which are regulated by the FCA are set out in the Financial Services and Markets Act 2000 (see above link).
Breach of the general prohibition is a criminal offense under FSMA and arrangements entered into can be unenforceable, as such, the consequences of getting it wrong can be significant.
So Declan was in breach of the general prohibition which is a criminal offence, is that guilty enough for you?
"People who carry on regulated activity and are ignorant of the law, even if reasonably so, should be more at risk because they are more of a danger to the public."