On 6 February 2020, Mark Steward, Executive Director of Enforcement and Market Oversight at the Financial Conduct Authority (“FCA”), spoke at the 19th Annual Institute on Securities Regulation in Europe. His speech,...more
3/12/2020
/ Commodities ,
Derivatives ,
Enforcement ,
Enforcement Actions ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
Financial Markets Authority (FMA) ,
Market Abuse ,
Market Manipulation ,
MiFID II ,
Securities ,
UK
A new law, which came into force on 10 January, has ushered in material changes to the regulation of the art market, extending the application of the UK’s anti-money laundering legislation to the sector.
The new law,...more
Reviewing the first 100 days of an administration is an American pastime, typically used as a yardstick against which to measure the initial impact of a new presidency. The practice started in Franklin D Roosevelt’s first...more
On 17 October, Canada legalised the recreational use of marijuana, following the passing of The Cannabis Act 2018 this summer. This marks a further step in the drug's deregulation in Canada, where its medical use has been...more
11/13/2018
/ Anti-Money Laundering ,
Canada ,
Decriminalization of Marijuana ,
Enforcement ,
Legislative Agendas ,
Legislative History ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Organized Crime ,
Regulatory Agenda ,
UK
In a Final Notice dated 1 October 2018, the FCA sanctioned Tesco Personal Finance Plc for failings connected with a cyber attack it suffered in November 2016. The attack originated from Brazil and attackers managed to...more
11/8/2018
/ Banking Sector ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Enforcement Actions ,
Financial Conduct Authority (FCA) ,
Popular ,
Risk Management ,
Tesco ,
UK
On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more
On 19 April 2018 the High Court handed down its judgment in the case R (on the application of AL) v Serious Fraud Office. The Claimant (AL) is a current defendant in criminal proceedings brought by the SFO....more
On 1 April this year the FCA turned five years old. Born from and in reaction to the financial crisis, its principal purpose was to protect consumers, through more effective supervision and more aggressive enforcement.
...more
On 11 December 2017 the Government announced the creation of the National Economic Crime Centre (NECC). The NECC will be based within the National Crime Agency (NCA) and will act as a multi-agency organisation, tasked with...more
The Criminal Finances Act 2017 (“the Act”)1 came into force on 30 September 2017. The Act contains a patchwork of new powers, and amendments to existing legislation, largely directed at combatting money laundering and...more
This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more
8/3/2017
/ Appeals ,
Compelled Testimony ,
Criminal Convictions ,
Cross-Border ,
Enforcement Actions ,
Fifth Amendment ,
Financial Conduct Authority (FCA) ,
Foreign Jurisdictions ,
Government Investigations ,
Indictments ,
Libor ,
Rabobank ,
UK
An expectation that regulated financial services firms be ‘cyber-resilient’ should not cause any surprise. Cyber-crime and data breaches represent major risks for business generally. Comparatively, that risk is not mitigated...more
The Supreme Court handed down judgment in Financial Conduct Authority v. Macris [2017] UKSC 19 on Wednesday 22 March 2017. The central issue in the appeal was whether Mr. Macris had been "identified" in a public notice. ...more
On Monday 13 March the Financial Times, in an article titled ‘UK economic crime agencies given fitness test’, reported on comments made by the Home Secretary, Amber Rudd, alluding to a review of the agencies tasked with...more
On Feb. 13, 2017, John Griffith-Jones, chairman of the U.K. Financial Conduct Authority, delivered a speech to the Cambridge Judge Business School at the University of Cambridge entitled "What makes good conduct...more
The Financial Conduct Authority ("FCA") and the Prudential Regulatory Authority ("PRA") (collectively referred to as "the Regulators") published a joint policy statement ("the Statement") on 1 February 2017. The Statement...more
Last month the Financial Conduct Authority (“FCA”) released a report (“the Report”) detailing the findings of its thematic review into the use of UK equity market dark pools (“the Review”). To date, the use of dark pools, and...more
On 3 July 2016 the EU Market Abuse Regulations (“MAR”) will come into force, replacing the previous civil market abuse regime as set out in the Market Abuse Directive (“MAD”). Given its extra-territorial effect, the changes...more
The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more
On 30 November 2015, Lord Justice Leveson formally approved the UK's first deferred prosecution agreement (DPA) since the legislative scheme for such arrangements came into force on 24 February 2014. The introduction of DPAs...more
The judgment in The Financial Conduct Authority v. Da Vinci Invest Limited [2015] EWHC 2401 (Ch) was published on 12 August 2015, following a trial in front of Mr Justice Snowden. The case concerned allegations that the...more
On Monday, Aug. 3, Tom Hayes was convicted and sentenced to 14 years of imprisonment for his part in the manipulation of the London Interbank Offered Rate (Libor). The result has attracted attention because it was the first...more
On Monday, August 3, Tom Hayes was convicted and sentenced to 14 years’ imprisonment for his part in the manipulation of the London Interbank Offered Rate (LIBOR). The result has attracted attention because it was the first...more