The Financial Conduct Authority has the power to make rules that businesses offering financial services have to follow. It also has the power to investigate if a business is accused of breaking the rules and to take businesses to court to enforce the rules if necessary.
The FCA exists to protect businesses and consumers.. The Enforcement Division has the power to:
- Investigate and sanction firms and individuals
- Force individuals to attend interviews
- Make compulsory requests for information and documents
- Punish individuals and firms who have broken the FCA’s rules. Punishments include fines, censure, prohibition or removal of authorisation or approval
- Start civil or criminal proceedings for certain offences such as insider dealing and misleading statements or practices
Being investigated by the FCA is often traumatic and can lead to a huge strain being placed on your business and private life. It is incredibly stressful to have every detail of your financial dealings and business transactions looked at by someone else. It can disrupt your business and be difficult for you, your loved ones and your employees to cope with.
Financial Crimes Investigated By The FCA
It is very important that you get specialist legal advice as soon as possible if the FCA suspects that you are involved in:
- Market abuse
- Insider dealing
- Using misleading statements and practices
- Money laundering
- Involvement in Illegal share selling or 'boiler rooms'
- Illegal deposit-taking
- Unauthorised collective investment schemes
- Mortgage fraud
- Perimeter breaches
- FCA principle and rule breaches
How Irwin Mitchell Can Help You
We have a team of dedicated, experienced solicitors who specialise in helping clients by supporting them through investigations and defending them against criminal and civil proceedings.
It is vital you have specialist legal advice when faced with an investigation or prosecution by the FCA. For example, careful preparation is needed before you are interviewed under caution, since anything you say or do not say during that interview can have a massive impact on your case.
We can provide you with expert advice and support if you:
- Think you might face an investigation by the FCA in the near future
- Are being investigated by the FCA at the moment
- Are being prosecuted by the FCA
- Are unsure about whether to disclose information to the FCA
Our specialist solicitors can give you all the advice and representation you might need if you are supposed to have breached FCA regulations, whether you are facing criminal, civil or regulatory punishments.
We can also explain to you:
- What the FCA can do to enforce its regulations
- What the FCA can force you to do during an investigation
- How the FCA investigates and how it makes its decisions
- How an FCA investigation can affect you and your business
We have other solicitors available to give advice on employment law and other areas of law that might have an impact on your investigation, for example if you have to deal with employee misconduct that becomes clear from an FCA investigation.
We can also explain what an investigation could mean for your approved-person status. We’ll help you deal with any issues you may be facing, including:
- Self-reporting or FCA notification of potential rule breaches
- The FCA handbook – principle and rule breaches
- Financial promotions regime and mis-selling
- Training and competence, systems and controls
- Perimeter guidance and regulated activities
- Approved Persons Fit and Proper regime
- Senior management responsibility and significant influence functions
- FCA interviews (including interviews under caution)
- Regulatory Decisions Committee (RDC) hearings
- Financial Services and Markets Tribunal hearings
- Proceedings against the FCA
- Negotiating settlement and final notices
Call Us Today For An Initial Discussion With No Obligation
If you are under investigation by the FCA or are worried that you might be, then call us today for an initial, no obligation discussion about your circumstance and how we can help. If you have been investigated and now face prosecution for a financial crime, then do not hesitate to get in touch. We are available 24 hours a day, 7 days a week for urgent advice.
For an initial discussion, with no obligation, call Sarah Wallace on 020 7421 3876 or 07808 899657, or Paul Haycock on 0114 274 4275 - or send us an online enquiry and we will get back to you.