Our Knowledge, Your Business
FSA Criminal Investigations Solicitors
Whatever the nature of your involvement in Financial Services Authority (FSA) criminal investigations, insider dealing or market abuse, Irwin Mitchell can provide timely, comprehensive advice, in concert with your in-house counsel, based on extensive experience of this complex and demanding area of the law.
For an initial discussion, with no obligation, call Sarah Wallace on 0207 421 3883. Alternatively you can send us an online enquiry.
Experts In Investigations Into Financial Activity
The FSA regulates financial services in the UK, and is the single regulator responsible for the financial services industry. The FSA has the power to prosecute certain financial crime offences.
The criminal offences that the FSA investigate and can prosecute include certain offences under the Financial Services & Markets Act and certain other financial crime offences under other legislation including:
- Insider dealing
- Misleading statements and practices
- Breach of the money laundering regulations
- Conducting a regulated activity without authorisation (breach of the general prohibition or perimeter)
- Unlawful financial promotions
- Provision of false or misleading information to the FSA
- Breaching a prohibition order
- Destruction or falsification of documents relevant to an FSA investigation
Whilst the FSA exists for the protection of responsibly-run businesses and consumers, the FSA Enforcement & Financial Crime Division has the power to:
- Investigate and sanction firms and individuals
- Compel individuals to attend for interview
- Make compulsory requests for information and documents
- Interview under caution
- Punish individuals and firms by way of fine, censure, prohibition or removal of authorisation or approval for breaches of the FSA's principles and rules for business
- Commence civil litigation, obtain injunctions, order redress
- Investigate and prosecute for criminal offences
Irwin Mitchell offers specialist expertise in FSA Investigation and Enforcement actions. We provide assistance to in-house counsel for companies and individuals under or affected by an FSA's Enforcement Division, SFO or CPS criminal investigation.
We advise on regulatory, civil and criminal investigations, as well as litigation brought by the FSA. Irwin Mitchell partner Sarah Wallace has been seconded to the FSA Enforcement & Financial Crime Division, and brings to the team in-depth understanding of its processes and workings. Sarah Wallace is currently defending two FSA criminal prosecutions involving insider dealing and alleged ‘boiler room’ activity and money laundering.
FSA criminal investigations can vary greatly, but typically involve:
- Interviews under caution
- Compulsory document or information requests or interviews.
- Execution of search warrants at homes and office premises
- Seizure of property
- Restraint orders or property freezing orders against assets
- Being charged with a criminal offence
- Facing prosecution in the Magistrates' and Crown courts
- Confiscation and costs proceedings
- Potential judicial review
Where appropriate, Irwin Mitchell works closely with financial services forensic experts and compliance consultants to help represent the best interests of our clients. Our solicitors also work in close cooperation with our corporate team in relation to any non-contentious financial services issues.
We also work with our employment law team, particularly when individuals may be facing FSA criminal investigation and internal disciplinary investigation.
We act for individuals and companies affected by FSA criminal investigations on a privately paying basis. We appreciate that costs will be a major concern for you so we will keep you regularly informed of the costs to date, and will provide estimates for each stage of work we plan to undertake.
In certain circumstances, for individuals who may not be able to afford their own legal expenses, we may be able to advise you under a legal aid scheme if it is available. Please call us to discuss the funding options available to you.
How We Work With In-House Counsel
We have many years of experience in providing commercially focused and objective legal advice to in-house counsel from a range of sectors and industries.
Our legal specialists will offer you guidance in plain language that can be easily integrated into your organisation.
Unlike with some other law firms, with us you get a high level of involvement from our partners. We can offer creative solutions to your business problems and a proactive, straightforward approach.
Further Information About Our Services
For an initial discussion, with no obligation, call Sarah Wallace on 0207 421 3883 or Dan Stowers on 0114 274 4295 or send us an online enquiry.