News & Analysis as of

Financial Conduct Authority (FCA) Criminal Investigations

Skadden, Arps, Slate, Meagher & Flom LLP

Khouri: Is UK-US Extradition on Its Way to Becoming an Ex-Tradition?

On 12 February 2025, the UK Supreme Court handed down its decision in El-Khouri v Government of the United States of America (El-Khouri), declining to extradite Joseph El-Khouri to the US. The ruling marks a pivotal moment in...more

King & Spalding

UK Government Introduces New Data (Use and Access) Bill

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On October 23, the UK Government’s House of Lords had its first reading of a new proposed data protection bill, the Data (Use and Access) Bill (“DUA Bill”), as sponsored by the Department of Science, Innovation, and...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #4

In this week’s edition we discuss the implications of a decision against the National Crime Agency, which the UK’s Court of Appeal held had misinterpreted the law when it refused to investigate whether imported cotton was...more

Cohen & Gresser LLP

UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

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On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of...more

BCLP

FCA publishes its 2022/23 Annual Report and Enforcement data

BCLP on

The FCA released its 2022/23 Annual Report last week together with data on its key enforcement trends. We consider below some of the key takeaways....more

A&O Shearman

The results are in: Our top 10 enforcement insights from the FCA’s Annual Report for 2022/23

A&O Shearman on

Last week, the FCA published its Annual Report for 2022/23, which included the usual FCA annual enforcement performance data. Below we have selected 10 key points from the Annual Report that are interesting from an...more

Latham & Watkins LLP

The FCA’s Approach to Non-Financial Misconduct - A Further Twist

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The FCA stated that the perpetrator’s character is key to non-financial misconduct investigations, which suggests a mismatch with recent case law. In last year’s Frensham case, the Upper Tribunal considered how relevant...more

WilmerHale

The Continued Restricted Use of Information Obtained via Mutual Legal Assistance Request

WilmerHale on

On 4 November 2022, in the case of FCA v Papadimitrakopoulos & Gryparis1 , the UK High Court reaffirmed the principle that information obtained via Mutual Legal Assistance (MLA) requests can only be used for the purpose for...more

White & Case LLP

Global Investigations Review: Basic Anatomy of Enforcement Investigations in Europe

White & Case LLP on

Securities laws across France, Germany and the United Kingdom are widely comparable. Each country recognises the importance of maintaining a strong procedural framework of regulation and enforcement. The EU Market Abuse...more

Cohen & Gresser LLP

Non-Financial Misconduct reassessed in light of Frensham v The Financial Conduct Authority. If in doubt, disclose!

Cohen & Gresser LLP on

Introduction - The UK Financial Conduct Authority (the “FCA”) issued a prohibition order against Mr Frensham based on his conviction for an offence which did not involve financial fraud or dishonesty and was unrelated to...more

Robins Kaplan LLP

Financial Daily Dose 5.12.2021 | Top Story: Fed Stands Pat on Strategy Despite Inflation Worries Roiling Markets

Robins Kaplan LLP on

Despite the reemergence of inflation and bubbles as the concerns-of-the-day that caused markets to quiver their way to a 3-month low yesterday, Fed officials remained committed to their “wait and see” strategy on removing...more

Morrison & Foerster LLP

UK Quarterly Review: Business Crime, Investigations, And Regulatory Enforcement - December 2020

Morrison & Foerster LLP on

In our Quarterly Review, we bring you important UK developments relating to business crime, investigations, and regulatory enforcement from the last three months. Please contact us if you would like to discuss any of these...more

WilmerHale

Dual-Track Money Laundering Investigations: One-Way Traffic?

WilmerHale on

Speaking at the Global Investigations Review Live event in London on 4th April, Mark Steward, Director of Enforcement and Market Oversight at the UK Financial Conduct Authority (“FCA”), addressed the audience on three...more

BCLP

Spotlight on Money Laundering

BCLP on

The National Crime Agency’s use of the Unexplained Wealth Order regime has also created high profile headlines exposing lavish spending habits of individuals whose wealth is unexplained. It is this political focus, along with...more

WilmerHale

Making Privilege Whole Again: Alternative Facts or a Restatement of Principle?

WilmerHale on

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

WilmerHale

Case note: Bilta v RBS

WilmerHale on

In Bilta (UK) Limited v Royal Bank of Scotland [2017] EWHC 3535 (Ch), the High Court once again addressed the application of legal privilege to documents prepared in the course of an internal investigation. The internal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - November 2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including new U.K. reporting obligations for sanctions violations,...more

WilmerHale

FCA announces plan to scrap LIBOR before 2022

WilmerHale on

In the wake of multiple criminal and regulatory investigations into alleged manipulation of the London Interbank Offered Rate (“LIBOR”), Andrew Bailey, Chief Executive of the UK Financial Conduct Authority (“FCA”) has...more

K&L Gates LLP

Serious Fraud Office Closes Forex Investigation

K&L Gates LLP on

The Serious Fraud Office (SFO) recently announced that it had closed its criminal investigation into allegations of fraudulent conduct in the foreign exchange (FX) market. The SFO began its investigation in July 2014...more

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