Practitioner's Guide to Financial Services Investigations and Enforcement, A

A Practitioner’s Guide to Financial Services Investigations and Enforcement :

• Deals  with the establishment of the UK’s new regulatory regime and the advent of the FCA as the main financial services enforcement body
  
• Gives a detailed understanding of the changes that the regulatory restructure has brought about
  
• Helps firms to adapt to the new regime and understand the changes to the relationships they have with  regulatory bodies
  
• Provides a guide to dealing with investigations in a way that promotes the best interests of the firm or individual concerned whilst complying with regulatory requirements.
  
• Structured to deal with all the potential elements of an action in a logical order, and gives both the necessary procedural advice and strategic guidance
  
• Updated to cover the latest changes resulting from EU level developments including the Market Abuse Directive review
  
• Includes an introductory chapter from the Director of Enforcement at the Financial Conduct Authority
  
• Explains how civil and criminal processes interact
  
• Gives detailed coverage of all the enforcement options available
  
• Includes details of all important cases since last edition
  
• Fully revised to cover all the regulatory infrastructure changes in the UK and at the European level

CONTENTS

Introduction and Overview Angela Hayes and Carlos Conceicao

The FCA Perspective Tracey McDermott, Director of Enforcement and Fiancial Crime, FCA

FSA Requests for Information Margaret Chamberlain and Stephen Paget-Brown, Travers Smith

Notifying the FSA of Regulatory Problems and Internal Investigations Charles Evans, Milbank

Skilled Persons Reports Nathan Willmott and Polly James, BLP

Remedial Action David Capps, Ashurst

Formal FCA Investigations: Civil Investigations Arun Srivastava, Baker & McKenzie

Formal FCA Investigations: criminal investigations Stephen Gentle, Simmons & Simmons

How the FCA makes disciplinary and enforcement decisions Tony Woodcock, Stephenson Harwood

How the PRA makes disciplinary and enforcement decisions Karen Anderson and Jenny Stainsby, Herbert Smith Freehills

Disciplinary Sanctions and Other Enforcement Options Carlos Conceicao, Clifford Chance

Challenging FSA decisions – the Financial Services and Markets Tribunal Javan Herberg QC and Simon Pritchard, Blackstone Chambers

Challenging FSA Decisions – the Courts and Other Avenues Andrew Lidbetter, Herbert Smith Freehills

Interface with other investigations and proceedings Angela Hayes, King & Spalding

Angela Hayes is a partner at Mayer Brown International and a specialist in contentious financial services work. She is a member of the City of London Law Society’s Regulatory Committee, and is recommended by the Legal 500, She is a contributing author to several City Library publications and has been co-consultant editor on this title since its first edition.

Carlos Conceicao is a partner at Clifford Chance specialising in regulatory work, particularly contentious matters. He was formerly head of Wholesale Enforcement at the FSA.

Contributors:

Tracey McDermott, Director of Enforcement and Financial Crime, FCA

Margaret Chamberlain and Stephen Paget-Brown, Travers Smith

Charles Evans, Milbank

Nathan Willmott and Polly James, BLP

David Capps, Ashurst

Arun Srivastava, Baker & McKenzie

Stephen Gentle, Simmons & Simmons

Tony Woodcock, Stephenson Harwood

Karen Anderson and Jenny Stainsby, Herbert Smith Freehills

Javan Herberg QC and Simon Pritchard, Blackstone Chambers

Andrew Lidbetter, Herbert Smith Freehills