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16 June 2017 / Samantha Leung
Issue: 7750 / Categories: Features , Fraud , Bribery
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Insider dealing: leave no stone unturned

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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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