header-logo header-logo

An inside job?

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll