header-logo header-logo

FSA fails to show teeth

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll