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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll