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Private prosecutions – A route to justice for the charity sector
Sophie Tang
The Financial Conduct Authority (FCA) has recently published a Thematic Review “Asset Management firms and the risk of market abuse.” The purpose of the review was to examine how asset management firms control the risks of insider dealing, improper disclosure and market manipulation. The primary focus of the review was on equities and insider dealing.
It has recently been reported that 10 Banks are under investigation by the US Justice Department (“DOJ”) and CFTC for irregularities and potential price fixing in the precious metals market, comprising the gold, silver, platinum and palladium markets. The London Gold Fix, an almost century old benchmark, fixed twice a day by 4 banks in London first came under the microscope in 2012 following investigations into the Libor and FX market manipulation scandals.
A written statement by the Economic Secretary on 3 March 2015 announced the timetable for the introduction of the Senior Managers and Certification Regime (SM&CR) under the Financial Services (Banking Reform) Act 2013. The Government also announced that following a period of consultation it had decided to extend the SM&CR to UK branches of foreign institutions.
On 3 March 2015, The Rt. Hon. David Lammy MP launched a paper through the Policy Exchange entitled “Taking Its Toll: The regressive impact of property crime in Britain.”
The need for thorough and careful case management has been re-iterated by the Court of Appeal (Criminal Division) in the case of R v Boardman [2015] EWCA Crim 175.
Although the outcome of this case was that the Court of Appeal dismissed the Crown’s appeal against the ruling by HHJ Dutton, at Chester Crown Court, which effectively brought the prosecution to an end, the significance of this case is wider and applies to all criminal practitioners – not just prosecutors.
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