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  • / FCA investigations including insider dealing and market abuse
  • Founding partner Peter Binning, our reigning Business Crime Lawyer of the Year, is celebrated among peers and clients alike, who take note of his “immense experience” and “impeccable judgement”.

    Who’s Who Legal 2016

  • ‘One of the leaders’ in terms of representing individuals, Corker Binning offers ‘excellent value for money’ when it comes to advising corporates. David Corker and Peter Binning are both recommended.

    Legal 500 UK 2014

  • Sources say department head Peter Binning is “very calm and focused in a crisis.” He concentrates on regulatory and fraud litigation, and has substantial experience in defending professionals in domestic and international investigations.

    Chambers UK 2015

  • Peter Binning "has that tactical nous as well as the bedside manner – it's a killer combination."

    Chambers UK 2018

  • Peter Binning is well-regarded as "very astute - he really identifies legal issues and gives sound advice."

    Chambers UK 2017

  • David Corker is “amongst the elite group of UK criminal defence lawyers” and is “extremely bright and good at providing a strategic overview, and has excellent client care skills”

    Legal 500 2011

  • “Very experienced and wise” star practitioner Robert Brown “is practical, sensible and knows exactly where to pitch it.”

    Chambers UK 2012

  • Peter Binning is a leading defence solicitor, who prepares cases “immaculately, with care and thought.

    Chambers UK 2014

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, to regulatory breaches of the FCA’s Principles for Businesses and Approved Persons, as well as proceedings for market abuse.

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). We are currently acting for a company director in 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.

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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.