Individuals

Taking enforcement action against individuals has long been a priority for the FCA in the UK, as well as regulators across the globe. Read Allen & Overy’s thoughts on this topic below.

ASIC’s new Chairman promotes ASIC’s enforcement record and outlines his proposed approach to steadying the ship in choppy waters

The new Chairman of the Australian Securities and Investments Commission (ASIC), James Shipton, has welcomed the work of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Financial Services Royal Commission) and noted that many of the matters that have been raised have already been, or continue to be, the subject Read More

No Comments

Whistleblower update: SEC & CFTC programs busy in 2018

It has been a busy year for the SEC and CFTC whistleblower programs. From time to time, we like to update our readers on key whistleblower developments in the U.S., and there have been a number of noteworthy developments this year that warrant a closer look. As discussed below, already in 2018, the U.S. Supreme Read More

No Comments

The SEC Enforcement Landscape: What to Watch in 2018

Last year was something of a transitional year at the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) and changes are now taking shape that will figure prominently on the SEC enforcement landscape in the coming year. Among them are the influence of new leadership, new enforcement priorities and programs, and new case law. Read More

One comment

‘The more serious the allegation, the more cogent the evidence must be’: The UK FCA receives a reminder from the Court of Appeal

In a judgment handed down just before Christmas, the UK Court of Appeal took the opportunity to remind the UK Financial Conduct Authority (the FCA) that the more serious the allegation it makes about the conduct of a subject, the more cogent the evidence must be in order to overcome the ‘inherent improbability’ that it Read More

No Comments

A slow start to enforcement activity under the UK SMCR

Attempts made by the UK Financial Conduct Authority (the FCA) to reassure the industry that the UK Senior Managers and Certification Regime (the SMCR) is not ‘all about enforcement’ have been met with some scepticism. However, that scepticism may have been misplaced, in light of the latest figures from the FCA regarding the number of Senior Read More

No Comments