We advise financially regulated businesses and senior individuals on contentious issues, primarily in relation to FCA/PRA Enforcement investigations and Supervisory interventions.

We are seeing an increasing number of complex regulatory demands placed upon companies and individuals, from both domestic and international regulators.  There are significant penalties for non-compliance, and ensuring clients receive sound legal advice, often at the early stages of the matter, is crucial.

We help clients navigate these complexities and achieve their commercial and strategic objectives.

We often support clients who are under investigation, assisting an investigation (i.e. as a witness), or have discovered an issue that is likely to lead to a regulatory investigation.

We have the experience required to advise the full range of PRA and FCA authorised firms and individuals on contentious regulatory issues, from banks to those working in the FinTech space.

A significant number of the team have worked in the Enforcement division of the FCA, meaning we can offer clients excellent insight into how proceedings and investigations might develop. We are known as a safe pair of hands with the Regulators, and seek to, where appropriate, work collaboratively with them to achieve the very best outcome for our clients.

We also have expertise in cross-border investigations bought by the US Department of Justice, the Securities and Exchange Commission, the Commodity Futures Trading Commission and the New York Department of Financial Services. In such matters, we often co-counsel with leading US law firms.

Financial services regulatory – contentious expertise

  • Advising on potential risks; liabilities arising out of potential breaches of the Financial Services and Markets Act, PRA/FCA Handbook requirements, & connected legislation including the Payments Regulations; E-Money Regulations
  • Defending enforcement investigations including representation before the RDC & Upper Tribunal
  • Responding to & handling FCA investigation requirements, including requests for documentation & compulsory interviews
  • Advising on Supervisory interventions and relationship handling
  • Advising on complex contested applications for authorisation & change in control
  • Advising on related employment law issues & corporate governance obligations
  • Supporting witnesses in giving evidence in investigations
  • Supporting firms undergoing s166 reviews
  • Advising on potential risks; liabilities arising out of potential breaches of the Financial Services and Markets Act, PRA/FCA Handbook requirements, & connected legislation including the Payments Regulations; E-Money Regulations
  • Defending enforcement investigations including representation before the RDC & Upper Tribunal
  • Responding to & handling FCA investigation requirements, including requests for documentation & compulsory interviews
  • Advising on Supervisory interventions and relationship handling
  • Advising on complex contested applications for authorisation & change in control
  • Advising on related employment law issues & corporate governance obligations
  • Supporting witnesses in giving evidence in investigations
  • Supporting firms undergoing s166 reviews
  • White-collar crime defence
  • Internal investigations
  • Financial services regulatory

Financial services regulatory – contentious experience

  • Represented a Money Laundering Reporting Officer of a bank in relation to a FCA investigation into alleged criminal breaches of the Money Laundering Regulations.

  • Represented a Chief Financial Officer of a bank in relation to a FCA investigation into alleged breaches of the Conduct Rules, and whether they were a Fit and Proper person.

  • Represented current and former senior executives (up to C-Suite level) of a major retail bank, participating in a high-profile independent review being conducted by a High Court Judge.

  • Represented a director of a public oil company in relation to a FCA insider dealing criminal and regulatory investigation.

  • Represented individuals in relation to the investigations and proceedings bought against Barclays Bank Plc and others relating to the 2008 capital raisings from the Qatar Investment Authority.

  • Advised a US/UK investment firm in relation to allegations of non-financial misconduct by FCA Certified employees.

  • Advised a large retail brokerage firm subject of a FCA and police investigation in relation to allegations of bribery and money laundering by a trader.

  • Advised a firm under FCA investigation for breaches of the COBS rules and subsequent intensive supervision in relation to defined benefits pension transfers.

  • Advised a high-profile Peer to Peer lending platform firm under investigation by the FCA for governance failures.

  • Advised a range of alternative finance firms in relation to complex FCA Supervisory queries and concerns regarding governance failures, senior management and remediation issues.

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