header-logo header-logo

04 December 2008
Issue: 7348 / Categories: Regulatory , Other practice areas
printer mail-detail

FSA fails to show teeth

Regulatory law

Regulatory law
A senior criminal barrister has criticised the Financial Services Authority’s (FSA’s) failure to prosecute criminal offences within the sector.

Amanda Pinto QC, a tenant at 5 Paper Buildings and co-author of Corporate Criminal Liability, questions why the authority has chosen to deal with substantial offences, such as fraud and misleading conduct, as breaches of regulations rather than crimes. “These cases could be prosecuted in the criminal courts, yet the FSA chooses to deal with them as if they were simply regulatory infringements,” she says.

Responding to Pinto’s claims, Steven Francis, a former manager in the enforcement division of the FSA and now a partner at Reynolds Porter Chamberlain LLP, says that if the FSA takes the view that a court is unlikely to impose a custodial sentence, the appeal of pursuing the criminal route is much diminished.

“I can easily see a scenario where the FSA involves itself in a lengthy document-hungry insider dealing case and loses,” he says. “It would then expose itself to the criticism that it should have gone down the market abuse route: it’s so much quicker, cheaper and less risky!’”

Francis adds that the FSA might be tapping into the belief that there is little place in the criminal law in prohibitions where, for most people, the element of genuine stigma is “vanishingly small”.

Issue: 7348 / Categories: Regulatory , Other practice areas
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll