header-logo header-logo

16 June 2017 / Samantha Leung
Issue: 7750 / Categories: Features , Fraud , Bribery
printer mail-detail

Insider dealing: leave no stone unturned

nlj_7750_wallaceleung

Understanding their client’s investment strategy will help lawyers defend against insider dealing investigations, say Sarah Wallace & Samantha Leung

  • The FCA is determined to investigate and prosecute insider dealing, so defence lawyers need to become better prepared in dealing with these cases.
  • Greater understanding of investment strategies can help legal advisers to appreciate the context of their client’s trading.
  • Appreciation of how a particular trade fits into a client’s wider investment strategy aids the lawyer in asking the right questions, gathering the relevant facts and drawing a more complete picture of the matter under investigation.

As the Financial Conduct Authority (FCA) focuses more of its attention on investigating and prosecuting insider dealing, defence lawyers need to become better prepared in dealing with these cases.

The FCA’s annual report for 2015–16 states: ‘We are dedicated to eliminating market abuse in all of its forms, which includes bringing criminal prosecutions against City professionals that abuse the trust that is placed in them.’ In its last reporting year, the FCA obtained record-breaking

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll