Jason Newall
Partner
Financial Conduct Authority (FCA) Investigation & Enforcement Solicitors
The Financial Conduct Authority (FCA) has extensive powers to investigate firms and individuals it suspects of misconduct, breaches of regulatory standards, or failures in systems and controls.
An FCA investigation can have serious consequences, including public censure, significant financial penalties, restrictions on permission, and personal action against senior managers.
If you are expecting or facing a FCA investigation, it is important that you seek expect legal advice immediately from our specialist Team. We help regulated businesses, senior managers, certified staff and approved persons navigate FCA scrutiny with clarity, precision and confidence.
What powers does the FCA hold?
Put simply, the FCA has all the power it needs to:
- Make the rules for financial services
- Investigate any claims that those rules are being broken
- Enforce those rules through the civil or criminal courts if needed.
The FCA’s Enforcement & Financial Crime Division is responsible for detecting and investigating anyone who seems to have broken the law or disobeyed their regulations.
Crimes that fall under FCA criminal investigations are very wide reaching. They include:
- Insider dealing
- Misleading statements and practices
- Breach of money laundering regulations
- Conducting a regulated activity without authorisation from the FCA
- Illegal share schemes or 'scams' or 'boiler rooms'
- Unlawful financial promotions.
The FCA has wide-reaching powers and can:
- Investigate all your financial dealings
- Force you to attend compelled interviews
- Interview you under caution for criminal offences
- Force you to hand over requested information and documents
- Punish you for breaking rules by fining you or taking away permissions for you to continue to offer financial services
- Take you to the civil courts, or to the criminal courts for certain criminal offences.
How we help
If you are a person approved by the FCA, or if you work for a firm approved by the FCA or even if you are a professional caught up in an FCA criminal investigation, then you need immediate legal advice. Specifically, you need legal advice from solicitors who know what they are dealing with and can offer you the best possible advice and support during this difficult time.
We have a team of dedicated, specialist solicitors who know all there is to know about FCA criminal investigations and who have helped countless clients through this complex area of law.
Immediate support during FCA investigations
We advise from the first sign of regulatory concern – whether through supervisory engagement, a Section 165/166 request, or a formal enforcement investigation.
We help you understand the scope, respond proportionately, protect privilege and manage risk.
Skilled defence in enforcement action
We represent clients throughout the FCA enforcement process, including:
- Information requests and compelled interviews
- Enforcement notices and Warning Notices
- Settlement discussions and early resolution considerations
- Representation before the Regulatory Decisions Committee (RDC)
- Upper Tribunal challenges where outcomes need to be overturned or reviewed.
Senior Managers & Certification Regime (SM&CR)
We advise individuals on:
- Fitness and propriety concerns
- Conduct rules investigations
- Statements of responsibility and reasonable steps
- Regulatory references and employment interface
- Protection of personal reputation and career prospects.
Skilled Person Reviews (s166)
We assist firms undergoing s166 reviews, helping manage interactions with Skilled Persons, develop remedial programmes, and ensure responses are accurate, timely and consistent with legal obligations.
Market misconduct & financial crime
We have experience with:
- Insider dealing and market manipulation allegations
- Anti money laundering control failings
- Systems and controls failings in financial crime and fraud prevention
- Mis-selling, product governance and consumer duty issues
Governance, remediation & prevention
We help firms strengthen systems, controls and governance frameworks to satisfy FCA expectations, demonstrate remediation and reduce the risk of future enforcement.
Speak to a member of our team
Our team support you to navigate complexity, seize opportunity and move forward with legal clarity.
Contact our Specialists
Get strategic advice from a team that knows how to protect and grow your business. Please complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
0370 1500 100
Making an enquiry
We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.
Complete our online formWe need a few details to understand your situation and the kind of support you need.
We’ll contact you by phoneOn the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointmentIf we're able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.
Why choose Irwin Mitchell?
- Deep experience across FCA enforcement, financial regulation, and investigations
- Support for firms, senior managers, executives, and certified staff
- Practical, commercially-focused advice designed to protect both business and individual reputations
- Integrated expertise across regulatory, criminal, employment, corporate and disputes
- Discreet, strategic handling of sensitive and high-profile matters.
Recent work
- Insider Dealing & Conspiracy to Defraud
Acting for numerous individuals investigated and prosecuted by the FCA for criminal offences of insider dealing and conspiracy to defraud.
- LIBOR Investigations
Acting for a number of individuals in London Interbank Offered Rate (LIBOR) and benchmark internal and FCA investigations – representing individual traders in internal interviews by their bank employers and in interviews by the FCA.
- SYSC & IFA Breaches
Acting for a chief executive and a compliance officer under investigation for breaches of Senior Management Arrangement Systems and Controls (SYSC) and breaches within the Institute of Financial Accountants (IFA).
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