FCA and other Financial Regulatory Enforcement and Criminal Investigations

The complexities of financial regulation and investigation can ensnare even the most cautious company or individual. The potential consequences of an adverse finding or criminal proceedings are devastating. Intelligent and tactical representation is crucial.

The Financial Conduct Authority (FCA)  is a UK financial regulator and prosecutor which has powers to investigate companies and individuals, whether they are in the financial regulated sector or not. It has significant investigation, prosecution and regulatory powers. The FCA works closely with other organisations both at home and abroad to combat market misconduct and financial crime, in particular the Serious Fraud Office, the City of London Police, the US Department of Justice, the Securities Exchange Commission and the various European and international prosecutors and financial regulators.

Our lawyers provide strategic and pragmatic advice in financial regulatory and criminal investigations, in circumstances where there is often a complex dynamic between dealing with the FCA and/or overseas authorities and professional regulatory or employment issues.

We are experienced in representing individuals and companies from all aspects of the financial and commercial world including hedge fund managers, traders, senior corporate management, independent financial advisers, mortgage brokers, investors and company advisers in investigations for offences including market abuse, market misconduct, market manipulation, insider dealing and breaches of the principles for business and approved persons.

Recent work

• Acting on behalf of a number of individuals in connection with the wide-ranging LIBOR investigation being conducted by UK and US authorities
• Successfully defending of one of the defendants in the ‘Blue Index’ insider dealing case.
• Acting in relation to various claims relating to miss-selling of interest swaps and breach of investment agreements
• Representing a group of UK-based traders in criminal and regulatory investigations and proceedings in UK and various other European jurisdictions, including Germany, Belgium, Portugal, and Italy.  Resulted in no action being taken against any of the individuals in any jurisdiction.

Note: On 1st April 2013 the Financial Services Authority (FSA) was dissolved and replaced by a new financial regulatory regime. The Financial Conduct Authority (FCA) is responsible for regulation of conduct in retail and wholesale financial markets in the UK and the infrastructure that supports those markets. The Prudential Regulation Authority (the PRA) regulates all deposit-taking institutions, insurers and investment banks. The FCA is responsible for the prudential regulation of firms that do not fall under the PRA’s scope.

For more information, please contact Louise Hodges.