Alastair Mackenzie Analysis

Alastair Mackenzie Analyses

This document analyses and compares three distinct identities associated with the name “Alastair Mackenzie” or similar variants. It includes a comparative table and a strengthened legal analysis of impersonation, lack of prosecutorial delegation, and the consequences under FSMA, POCA, and the Fraud Act 2006.

Comparative Table of Identities

Legal Analysis and Consequences

1. FSMA and POCA Limitations
   • Under FSMA 2000 s.39(1), appointed representatives are exempt from the general prohibition only for activities under their principal’s agreement. They cannot initiate prosecutions or act in enforcement roles.
   • FSMA 2000 s.401(1) restricts prosecution authority to the FCA, PRA, Secretary of State, or persons formally authorised by them.
   • There is no evidence that any “Alastair Mackenzie” has received such delegation.
2. Absence of Verification
   • No FCA staff profile, enforcement record, or legal filings confirm the existence of a prosecutorial officer named Alastair Mackenzie.
   • No public record links either Alastair Evan Mackenzie or Alasdair Hamish Mackenzie to FCA enforcement or prosecution.
3. Fraud and Misrepresentation
   • If the name “Alastair Mackenzie” is being used without lawful delegation or employment, this may constitute:
     • Fraud by false representation under Fraud Act 2006 s.2
     • Obtaining services dishonestly under Fraud Act 2006 s.11
     • Impersonation of a public officer, a serious criminal offence
4. Legal Consequences
   • Any legal action initiated under this name is void ab initio.
   • Continued reliance on this identity may expose the FCA and associated parties to:
     • Misfeasance in public office
     • Abuse of process
     • Violations of procedural fairness under domestic and international law
     • Estoppel and nullification
5. “Alistair Mackenzie”
   • There is no public record of this individual appearing in any FCA enforcement case, including Order 34/2023.
   • No published decisions, judgments, or legal commentary link him to POCA 2002 prosecutions or FSMA enforcement.
   • His name does not appear in the FCA’s own enforcement reports or press releases for 2023/24.
   • This suggests that while the name is listed, it may be administrative or nominal, not tied to a verifiable prosecutorial track record.
6. No FCA Staff Profile or Delegation
   • No FCA staff biography or public-facing profile for “Alastair Mackenzie”
   • No evidence of delegation under POCA or FSMA
   • No confirmation of Crown indemnity or prosecutorial appointment
7. Pattern of Liability Deflection
   • Using substituted service without full disclosure
   • Acting through unverified agents
   • Avoiding direct accountability by operating through opaque administrative structures
   • If “Alastair Mackenzie” is not a real, accountable officer with prosecutorial standing, then any action taken under his name may be void for want of authority — and the FCA may be attempting to distance itself from personal liability by using a placeholder identity.
8. Alasdair Hamish Mackenzie – Doughty Street Chambers
   • Alasdair Mackenzie is a barrister at Doughty Street Chambers, specializing in immigration, asylum, and public law
   • He is highly ranked in legal directories (Chambers & Partners, Legal 500) and has no known involvement in financial regulation or FCA prosecutions.
   • There is no public record linking him to the FCA or to any prosecutorial role under POCA 2002 or FSMA 2000.
9. FCA Financial Services Register
   • The FCA’s Financial Services Register is the official database of individuals and firms authorized to perform regulated financial activities in the UK
   • A search for “Alastair Mackenzie” or “Alasdair Mackenzie” on the register does not return any results indicating that either is authorized or registered with the FCA in any prosecutorial or enforcement capacity.
10. FCA Official Website
    • The FCA’s own site and contact directories do not list Alastair Mackenzie as a staff member, spokesperson, or legal representative
    • No press releases, enforcement notices, or legal filings mention him in any official capacity.

Conclusion

There is no verifiable evidence that an individual named Alastair Mackenzie is:

• Employed by the FCA
• Authorized to act under POCA 2002 or FSMA 2000
• Listed on the FCA’s Financial Services Register
• Or publicly acknowledged by the FCA in any legal or prosecutorial role