"She is a class act: measured, practical and highly intelligent."
Chambers UK 2018
Peter Binning is an ‘outstanding tactician’ with ‘excellent client skills and judgement’.
Legal 500 2015
Jessica Parker "is a class act: measured, practical and highly intelligent."
Chambers UK 2018
Jessica Parker is a well-respected name among peers and clients alike, who praise her expert handling of criminal regulatory matters.
Who’s Who Legal: Investigations 2018
Corker Binning has ‘a well-deserved reputation for excellence in the fraud and white-collar crime space’, and ‘combines hard work, commitment and excellent judgement to provide a through and efficient service’
The Legal 500 UK 2017
“She is sharp, diligent and much loved by her clients.”
Who’s Who Legal: Investigations 2017
David Corker "has led some big shifts in thinking".
Chambers UK 2018
Andrew Smith "is very responsive and very energetic in the way he approaches a problem".
Chambers UK 2018
FCA investigations including insider dealing and market abuse
Corker Binning assists individuals and businesses concerned that they could become, or who already are, the subject of a Financial Conduct Authority (FCA) investigation. The FCA’s enforcement activity ranges from pursuing allegations of criminal conduct such as insider dealing, misleading statements, breaches of the general prohibition and money laundering regulations, to proceedings for market abuse and also regulatory breaches of the FCAs Senior Managers and Certification Regime and the Principles for Businesses and Approved Persons.
Our lawyers have experience at every stage of the FCA’s investigative process from fact-finding exercises and queries from the Market Conduct or Supervisory Team, to compulsory interviews by the Enforcement Team. When instructed to represent an employee of a regulated firm, where appropriate, we work closely with that firm and its lawyers to reach the best possible outcome for our client and their employer.
At the outset of an investigation, it is not always clear whether the FCA will pursue an administrative or a criminal penalty. Our lawyers are experienced in both procedures and so can ensure that your defence strategy is effective in both criminal and civil cases. Where cases are dealt with by the FCA’s civil procedures, we have experience of negotiating settlements and contesting findings before the RDC.
When it comes to criminal enforcement, our FCA lawyers have advised businesses and individuals in many of the FCA’s most significant prosecutions. We acted for both defendants in one of the first cases ever brought by the FSA (as it then was) for insider dealing and the subsequent legal challenge to the FSA’s power to prosecute. We also acted for the defendant in the first ever case in which the FSA entered into a Plea and Cooperation Agreement using their powers under section 73 of the Serious Organised Crime and Police Act 2005 (FSA v Ahmad 2010) and an individual in Operation Tabernula, an insider dealing prosecution described by the FCA as “the most serious and complex insider dealing prosecution that has thus far been mounted in the UK criminal courts.”
The FCA also engages in and assists with cross-border investigations involving international mutual legal assistance with other regulators. We frequently work alongside colleagues in other jurisdictions, notably the US, to achieve a global resolution.More
Our FCA lawyers have recently advised:
- Bank employees in the LIBOR investigations conducted by the FCA, DOJ, CFTC and SEC.
- A defendant in the FCA’s largest prosecution of insider dealing (Operation Tabernula).
- Bank executives and employees in relation to the Forex investigation conducted by the FCA, DOJ, CFTC and SEC.
- Father and son in one of the first ever cases brought by the FSA (as it then was) for insider dealing and the subsequent legal challenge to the FSA’s power to prosecute.
- A company director charged with insider dealing in a complex case involving spread betting and parallel proceedings in the US.
- The directors of an international PLC who were accused of insider dealing and market abuse: we successfully persuaded the FSA to discontinue its investigation.
- The first and only case in which the FSA entered into a plea agreement in an inside dealing prosecution.
- A major private equity firm concerning a self-report to the effect that they had breached the general prohibition by arranging contracts of insurance without FCA authorisation.
- An individual client accused by the FCA of market abuse in relation to trading in AIM listed shares.
- A firm accused of serious breaches of the financial promotion regime by an appointed representative: we negotiated a private warning.
- An equities sales trader charged with insider dealing: we negotiated a basis of plea and sentencing submission under The Attorney General’s Guidelines on Plea Discussions in Cases of Serious or Complex Fraud.
- The CEO of a private investment company alleged to have committed market abuse: after a contested hearing, the FCA’s Regulatory Decisions Committee discontinued all proceedings against our client.
All our partners have significant experience of advising in regulatory and criminal FCA investigations. See also business crime and fraud.
- FX Global Code of Conduct: all for nothing?
- Kim Potts discusses the FX Global Code of Conduct in FX-MM
- Claire Cross comments on FCA enforcement investigations in Law360
- THE FCA: Less Ho Ho Ho, More CRO
- Peter Binning comments on former Schroders trader sentence in The Times
- Andrew Smith comments on the Investigatory Powers Bill in Global Investigations Review
- FCA v Achilles Macris: Recent settlement places spotlight back on the rights of individuals
- Kim Potts article re FCA v Achilles Macris published in FTSE Global Markets and Compliance Monitor
- Andrew Smith and Danielle Reece-Greenhalgh article re corporate criminal liability published on Traidcraft blog
- Christopher Ashton v FCA – further developments for individuals wishing to challenge prejudicial implications in FCA notices
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