Investigations soar under new FCA

Investigations soar under new FCA

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The UK’s new financial services watchdog, the Financial Conduct Authority (FCA), is on track to open at least 50% more investigations in its first year of operation than its predecessor according to data obtained by international law firm Pinsent Masons.
 
The FCA's division of enforcement has already opened at least 70 investigations into firms and individuals since its inception in April 2013, compared to 49 investigations launched by the Financial Services Authority in FY 2012/13.
 
Among the investigations launched is the ongoing probe into foreign exchange, the controversy around which recently extended to the Bank of England’s alleged knowledge of forex manipulation.
 
The increase in investigations also coincides with a 38% increase in whistleblowing during the FCA’s first six months of operation.
 
Commenting on these findings, Michael Ruck, a financial services litigation expert at Pinsent Masons and former FCA lawyer said, “The new watchdog is certainly bearing its teeth, but we do not yet know whether its bark is worse than its bite. The real test will be when we see how many of these investigations result in penalties, sanctions or prosecutions and, in turn, whether any of those lead to convictions.
 
“The FCA's business plan and risk outlook for 2013/14 highlighted that addressing misconduct and taking action on market abuse would be among its key priorities, so the focus on investigations in this area is perhaps not surprising. What is striking, however, is the sheer volume at which investigations are being launched across all aspects of the regulatory regime.

"Regulated firms should ensure they fully understand the FCA’s current priorities and the enforcement agenda.  Firms and individuals should beware of the watchdog.”
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