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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
For firms regulated by the Financial Conduct Authority (FCA), it is vital that the business – and its relevant employees – ensure that its conduct is without reproach in order to avoid supervisory or regulatory difficulties. This extends to issues of governance and administrative matters, as well as more obvious issues of conduct (such as, for example, financial misconduct) which often receive more press.
Many of the SFO’s most notable recent investigations have begun with dawn raids, so-called because they normally occur very early in the morning. These raids can be a disorientating and uncomfortable experience in themselves, but as we explain further below, unfortunately they normally signal the beginning of a major SFO investigation. The period between arrest and charge – which can be lengthy in complex white-collar crime investigations – is absolutely critical. So, what should you and your legal team be doing in this period?
The proliferation of fraud in the UK over the past decade has been widely publicised and discussed. We have already written regularly on the topic, including in March, when we explored the link between economic decline and increasing fraud offences; and in May 2023 when we discussed new statistics revealing the everyday reality for businesses operating in the “fraud capital of the world”.
The government has announced the establishment of an Independent Review of Disclosure and Fraud Offences (the Review), to be chaired by barrister Jonathan Fisher KC. This is another step towards fulfilling the plans set out earlier in 2023, when the Fraud Strategy was published.
On 25 September 2023 the FCA published Consultation Paper CP23/20 (CP23/23) on “Diversity and inclusion in the financial sector – working together to drive change”. The consultation is wide ranging in scope with a stated aim of ‘boosting diversity and inclusion to support healthy work cultures’. As well as containing various proposals to boost diversity and inclusion generally across regulated financial services, the consultation contains a number of proposals relating specifically to the issue of non-financial misconduct.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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