We have been advising clients on all aspects of regulatory enforcement for over 20 years and have worked on some of the most complex and high profile investigations and proceedings brought by the FCA, PRA, UKLA, AIM regulation team and FRC.

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.

Our expertise includes investigations relating to market misconduct, systems and controls governance failures, financial crime and money laundering, fraud, client money control breaches, change in control regime breaches, payments and e money regulation breaches, and related insolvency actions.

We appreciate the legal and reputational consequences for firms and individuals facing any regulatory action and we ensure that our clients receive tailored advice on handling the issues arising in any enforcement investigations and disciplinary action. Members of our team have previously worked within enforcement teams at the FSA and the FCA. We therefore offer invaluable insight into and understanding of the mechanics of such investigations. With this knowledge, we work collaboratively with the regulators to achieve the very best outcome for our clients.

FCA enforcement investigations expertise

  • Advising on complex contested applications for authorisation & change in control
  • Advising on related employment law issues & corporate governance obligations
  • 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
  • Supervisory relationship handling: from dealing with FCA & PRA enquiries to defending urgent applications
  • Supporting firms undergoing s166 reviews
  • Advising on complex contested applications for authorisation & change in control
  • Advising on related employment law issues & corporate governance obligations
  • 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
  • Supervisory relationship handling: from dealing with FCA & PRA enquiries to defending urgent applications
  • Supporting firms undergoing s166 reviews

FCA enforcement investigations experience

  • Acted for senior executives in relation to the SFO and FRC investigations into Serco.

  • Advised a former senior director of Swinton Insurance in relation to the FCA investigation into the mis-selling of insurance add-on products.

  • Acted for a number of individuals in relation to the international investigations into allegations of manipulation of LIBOR / EURIBOR.

  • Acted for a a large retail brokerage firm which was the subject of an FCA and police investigation in relation to allegations of bribery and money laundering by a trader.

  • Advised an e-money/payment services business that has been investigated by the Police/CPS and associated FCA enquiries.

  • Acted for 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 P2P lending platform in relation to a potential large-scale fraud conducted by a borrower and its related parties.

  • Advised AIM companies in relation to allegations of market misconduct and liaison with FCA and AIM regulation team.

  • Advised the former finance director of RP Martin in relation to the FCA investigation into LIBOR manipulation.

  • Advised Catalyst Investment Group Limited in relation to the high profile FCA investigation into the ARM Asset Backed Securities SA bonds offering as well as the related insolvency and complaints issues.

  • Advised a high profile P2P platform under investigation by the FCA for governance failures, which ultimately was taken into administration.

FCA enforcement investigations FAQs

We handle the full spectrum of investigations that occur in the financial markets. We act for firms and individuals in the fields of banking, insurance, investment, payments and fintech.

Our recent investigatory experience includes a wide variety of matters which include: financial mis-selling; serious fraud and money laundering; conduct of business failures (including pensions transfer and discretionary investment management investigations); insider dealing and market abuse investigations (including market manipulation); payment services fraud; and systems and controls investigations amongst others.

We have expertise in acting for any party subject to an investigation in the financial markets. Our clients range from the largest global financial institutions through to national and regional financial services firms. We also act for individuals who may work at or control such firms and who may also be subject to regulatory investigations.

We are one of the few firms recognised in all the major legal directories for our expertise in acting both for corporate and individual clients. We recognise that our specialist service needs to be tailored to our clients’ needs and the resources they have available. We offer a tailored approach to the circumstances facing our clients and ensure the legal and reputational risks they face are mitigated.

We have built a specialist practice that is able to deal with the full spectrum of regulatory and criminal investigations in the financial sector. Our team includes solicitors and barristers who have substantial law enforcement experience and who have been enforcement lawyers, investigators and prosecutors prior to joining our team.

We are regularly engaged in relation to investigations and enquiries brought by the UK Financial Conduct Authority (both regulatory and criminal), the Prudential Regulation Authority, the Serious Fraud Office, various national police forces, HM Revenue and Customs and other specialist law enforcement agencies. We represent our clients at all stages of investigations including scoping, initial interview (whether voluntary, compulsory or under the Police and Criminal Evidence Act) and in subsequent action. Our team has deep experience of attending before regulators, at police stations and before all relevant courts and tribunals involved in the conduct of financial market investigations.

Yes we frequently act for both firms and individuals who are addressing complex issues under the SMCR.

We frequently advise firms on how to comply with the SMCR when complex and sensitive issues arise. Our work includes advising on how to conduct internal disciplinary processes on an SMCR compliant basis. We do this by deploying our expertise in both the regulatory and employment law fields. We can ensure that firms meet their PRA and FCA regulatory obligations whilst acting on a fair and appropriate basis as an employer.

Equally, we can act for individuals who may be subject to internal investigation or are seeking to join a new firm as a Senior Management Function (SMF) holder, or as a certified staff member. We are experienced in dealing with difficult issues and the implications that can arise in respect of adverse regulatory references. We are also able to represent and support individuals who may be subject to investigation for breaches of the FCA’s Code of Conduct (CoCON) provisions.

FCA enforcement investigations insights

"The firm has excellent partners and associates, all of whom provide a great service."


Chambers UK, 2021

"The Fox Williams team has strength and depth acting for executives and other individuals is some of the most complex regulatory cases in the field."


Legal 500 2021

"Excellent knowledge of the insurance regulatory requirements and very quick to respond."


Legal 500 2021

Search

Portfolio
Title CV Email

Remove All

Download


Click here to email this list.