Investigations

The focus of this blog is to provide insights into the latest trends, risks and developments in financial services investigations, including those conducted by the FCA, the PRA and other overseas regulators. Set out below are Allen & Overy’s thoughts on the latest developments in this area.

SEC disgorgement – It’s now or never

Rebecca Delfiner

When is a penalty a “penalty,” and why does it matter?  The question is whether SEC-mandated disgorgement of illicit profits is a “penalty” under the law, and the decision is Kokesh v. SEC.  Why do we care?  A “penalty” is subject to a five-year statute of limitations under 28 U.S.C. §2462.  Per a unanimous panel, Read More

No Comments

Whistleblower update: Normal service resumes at the SEC’s Office of the Whistleblower

Kurt Wolfe

Things went conspicuously quiet at the SEC’s Office of the Whistleblower after President Trump took office. Over the past several weeks, however, there have been a number of interesting developments at the Whistleblower Office, which remind us that the SEC’s whistleblower program is still up and running. In this blog, we take a look at Read More

No Comments

Full disclosure: Where can documents disclosed to the regulator end up?

Stacey McEvoy

Confidential and highly sensitive information is routinely shared with the financial services regulators to enable them to perform their statutory functions. But with whom can the regulators share the information they receive? And how can those parties use the information? There is a statutory prohibition (section 348 FSMA) restricting disclosure of confidential information shared with Read More

No Comments

The FCA’s Business Plan 2017/2018: Key themes

Samantha Holland

Earlier this week, on 18 April 2017, the UK Financial Conduct Authority (the FCA) published its Business Plan for 2017/2018 setting out the FCA’s activities and priorities for the coming year. At the same time the FCA published its Mission (see our previous blog post on the FCA’s consultation on its Mission here) and, for Read More

No Comments

Privilege in Cross-Border Investigations – Whither Shall We Go Following the Rights Issue Decision?

Brandon O'Neil

The ripple effects of the important December 2016 decision by the English High Court in The RBS Rights Issue Litigation continue to reverberate. In holding that notes of interviews by a firm’s lawyers of the firm’s own employees created for the purpose of providing legal advice are nonetheless not protected from disclosure by legal advice Read More

No Comments