Ireland: Four Take-Aways From The CBI's First Cyber-Fraud Fine

Last Updated: 25 June 2018
Article by Muireann Reedy
Most Read Contributor in Ireland, September 2019

Appian Asset Management Limited ("Appian") has been fined €443,000 for regulatory failures which, according to the Central Bank of Ireland (the "CBI"), left it exposed to cyber-fraud. This is the first time that the CBI has issued a fine concerning a cyber fraud. Some lessons which can be learnt from the case are considered below.


One of Appian's clients invested €1 million in two Appian managed sub-funds in March 2015. A fraudster hacked the client's web based email account and over a two month period impersonated him in email correspondence with an Appian employee. The fraudster induced Appian to instruct its depositary and transfer agent to liquidate €650,000 of the client's investments and ultimately to pay the funds to two third party corporate accounts, controlled by the fraudster, in the UK.

Key findings

The CBI found that the loss of the client funds which resulted from the fraud was caused by defective controls in three regulatory areas:

i. inadequate policies and procedures to monitor transactions, detect and report money laundering and to provide staff with appropriate training under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended;

ii. failure to introduce adequate organisational arrangements to minimise the risk of loss of clients assets due to fraud under the CBI's Client Asset Requirements 2007; and

iii. failure to ensure that an employee performing a role that might expose Appian to financial, consumer or regulatory risk was fit for that role under the CBI's fitness and probity regime.


The failings identified in the CBI's detailed publicity statement should remind firms of the following:

  1. check for red-flags when processing a "client's" redemption instructions: e.g. do the instructions match the client's investment strategy; is a request being made to transfer monies into a bank account in a different jurisdiction to where the client resides; are there any other unusual elements to the request such as to split redemption proceeds into smaller amounts; do the instructing emails contain any grammatical or spelling errors? All of the above were referred to as "red flags" for fraud/anti-money laundering in the CBI's publicity statement;
  2. follow your policies and procedures and ensure they are sufficiently detailed: the CBI was critical of Appian's failure to follow its own policies and procedures which prohibited third party payments and required the MLRO to consider and approve all payments to third parties from Appian's client asset account. The CBI also found that Appian failed to fully implement a requirement for original signatures in respect of account mandates/changes. The CBI noted that while Appian recognised fraudulent misappropriation of client assets as an operational risk, its organisational arrangements were inadequate for various reasons. These included a failure to describe the circumstances in which Appian staff might verify unusual client instructions or the manner of verification, for example, call-backs. Interestingly, the CBI said that call-backs are best practice for firms without sophisticated verification processes;
  3. ensure adequate AML training is given, including on how to identify suspicious transactions: the CBI found that the one hour annual AML training session given to staff by Appian was insufficient to train them on how to identify suspicious activity. It also found that the scope of the training was not tailored to specific roles;
  4. be satisfied that all employees meet the Fitness and Probity Standards: the CBI found that Appian failed to satisfy itself that an employee complied with the CBI's Fitness and Probity Standards by ensuring he was competent and capable to perform the two controlled functions which had been assigned to him. The CBI said that Appian was required to monitor the relevant employee's competence and to educate him to the requisite standard or otherwise to remove him from his controlled functions if he failed to meet that standard.


Cyber security has been a high priority area for the CBI in recent years with it issuing its "Cross Industry Guidance in respect of Information Technology and Cybersecurity Risks" in 2016. The CBI also announced in its 2017 Annual Performance Statement that a Central IT Risk Team came into effect this year with responsibility for conducting on-site inspections and supporting ongoing supervision in the areas of IT and cyber risk across all regulated sectors. The Appian fine shows that the CBI's focus on cyber risk will not be going away any time soon.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions