header-logo header-logo

13 March 2008 / Emma King , Richard Burger
Issue: 7312 / Categories: Features , Banking
printer mail-detail

An inside job?

Richard Burger and Emma King examine the initial impact of the FSA as the lead prosecutor of insider dealing

In late January 2008 two individuals appeared at City of London Magistrates’ Court charged with insider dealing contrary to s 52 of the Criminal Justice Act 1993 (CJA 2003). Such prosecutions are infrequent and therefore attract attention, however, what made this case even more of interest was that it represents the first ever prosecution by the Financial Services Authority (FSA) for insider dealing (“FSA steps up insider dealing offensive” NLJ, 1 February 2008, p 160).

Although historically prosecuted by the Department of Trade and Industry (DTI) (now the Department for Business, Enterprise & Regulatory Reform) and the Serious Fraud Office (SFO), the FSA is now recognised as the lead investigator and prosecutor for insider dealing. Recently the FSA has made cold-calls to investors and traders requesting information, under caution, on specific trades and the reasons behind these trades. 

Section 402 of Financial Services and Markets Act 2000 (FSMA 2000) provides the FSA with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll