In the first episode of the Global Investigations Podcast Series, Andrew Reeves (Partner, Investigations, Enforcement and Compliance team, London) is joined by Ruth Cowley (Head of Disputes and Investigations, London), Keith Rosen (Head of Risk Advisory, US) and Sharon Oded (Head of Investigations, Amsterdam) to discuss the early stages of an investigation; best practice in
Investigations and enforcement
Dealing with whistleblowing investigations in light of increased media and regulatory scrutiny
Introduction
Whistleblowing is on the rise – both within organisations and to authorities. An increase in whistleblowing is positive: it shows employees feel able to speak up, allows issues to be escalated, investigated and where necessary remediated. However, the increase in whistleblowing also presents challenges for companies to ensure that they are dealing effectively and…
Indirect Governance and Sanctions Risk Exposure in Decentralised Finance (DeFi)
As the FinTech industry continues to experience increased regulation across multiple jurisdictions, the focus of sanctions authorities is turning to decentralised finance (DeFi) and those operating in the crypto space. In the US we have seen a wave of recent enforcement actions against participants in the crypto sector and strong statements from authorities…
Upcoming webinar: ESG webinar part 3: Greenwashing in focus: Navigating the rise of enforcement
On Wednesday 12 June 2024, as part of our global ESG webinar series, please join us for the third instalment of this webinar series, as we expand on the greenwashing discussion held in the first webinar.
This webinar will feature a discussion from our NRF financial services enforcement team to provide a perspective on greenwashing…
Failure to prevent fraud: what to do now? Part 2: Policies and procedures
This is the second article in our series breaking down the steps that companies will need to take to put in place “reasonable procedures” to prevent fraud. Our first post, which focussed on how to conduct effective fraud risk assessments, can be found here.
This comes ahead of the new UK failure to…
FCA enforcement consultation – impact of the general election
Following on from our previous blog in relation to FCA CP24/2 (Our Enforcement Guide and publicising enforcement investigations – a new approach), the House of Lords Financial Services Regulation Committee has closed its call for evidence following the prorogation of Parliament on 24 May 2024. When committees are reappointed in the new Parliament following…
Failure to prevent fraud: what do I do now? Part 1: Risk assessments
Many companies are currently considering what steps they need to take in relation to the new UK failure to prevent fraud offence (which is expected to come into force later this year or in early 2025).
By way of recap, a company will be liable for failing to prevent fraud by its associated persons (e.g.
FCA consultation CP24/2 on publicising enforcement investigations: latest FCA correspondence with the Treasury Sub-Committee on Financial Services Regulations and call for evidence from the House of Lords Financial Services Regulation Committee
The FCA Consultation Paper CP24/2: Our Enforcement Guide and publicising enforcement investigations – a new approach continues to be a key market focus. The latest developments include:
(i) correspondence between the Treasury Sub-Committee on Financial Services Regulations and the FCA (preceding the FCA giving evidence to the Sub-Committee on 8 May 2024 in one its regular…
FCA responds to House of Lords Financial Services Regulation Committee on proposed approach to publicising enforcement decisions
On 25 April 2024, the Financial Conduct Authority (FCA) published a letter that it sent to the House of Lords Financial Services Regulation Committee (FSRC) regarding its proposed changes, set out in Consultation Paper CP24/2, to its approach to publicising enforcement investigations. The letter responds to the FSRC’s letter of 22…
House of Lords Financial Services Regulation Committee writes to FCA regarding its consultation on publicising enforcement decisions
On 22 April 2024, the House of Lords Financial Services Regulation Committee published a letter to Nikhil Rathi, Chief Executive of the Financial Conduct Authority (FCA), regarding the FCA’s Consultation Paper CP24/2 on its approach to publicising enforcement decisions.
The FCA published CP24/2 on 27 February 2024 and is seeking feedback on its…