An Update on the FSA's Investigations and Enforcement Regime
Seventh Annual Conference
"I am proud of the diligent work our investigators perform to assemble cases … these cases are difficult and challenging and require dedication, focus and sheer hard work. We are committed to retaining our focus on this through into the new regulatory world." Tracey McDermott, Acting Director, Enforcement and Financial Crime, Financial Services Authority, at the FCA Financial Crime Conference, 22nd June 2011
The FSA has responded robustly to the tide of criticism of the last two years over its investigations and enforcement policy. As well as making full use of its powers under 2010 Financial Services Act, the Authority has raised its game in terms of bringing senior managers to book, looking at the culture of whole firms, the responsibility of CEOs and COOs, rather than just targeting individuals in compliance functions. The recent report on the failings of Royal Bank of Scotland brought this vividly into focus.
Furthermore , a more structured and scientific penalty setting regime is now in place, which aims to make firms lose much more of the benefit of their wrongdoing, and to stop penalties being viewed as a cost of doing business. Since March 2010, the FSA has set its administrative penalties under a regime based on the principles of "disgorgement, discipline and deterrence", and applied a penalty-setting policy comprising five clearly defined stages.
There is still, of course, the structured appeals procedure of the Regulatory Decisions Committee and the Upper Tribunal. But, even here, the RDC will in future give less weight, in terms of precedent value, to cases that have been settled compared to cases that have been decided by the RDC, or that have gone to the Tribunal.
This well established and highly topical conference brings together a speaker faculty of exceptional quality to discuss the latest developments in this critically important area and to guide delegates through how best to prepare for and to handle an FSA investigation, and, if this leads to enforcement action, the strategies and tactics that are likely to result in the best outcome. As in the past, this year's programme will include tangible industry experience in the form of a full case study.
In addition to a keynote address from the FSA, the following topics will be covered:
- Enforcement trends through a review of recent cases
- Tactics in responding to investigations and procedures
- Internal investigations: a practitioner's perspective
- Fines and penalties
- Settlement negotiations and settlement decision making procedure
- Contested cases- the Regulatory Decisions Committee
- Challenging FSA decisions at the Upper Tribunal
- Cross border investigations and enforcement
The conference will be invaluable for all compliance officers, directors, senior managers with financial institutions, as well as their legal and other advisers.
Chair
Timothy Dutton, QC, Barrister, Fountain Court Chambers
Keynote Address
Tracey McDermott, Acting Director, Enforcement and Financial
Crime, Financial Services Authority
Speaker Panel
Marc Cohen, Partner, Mayer Brown International LLP
Carlos Conceicao, Partner, Clifford Chance LLP
Will Dennis, Head of International Compliance, Standard Bank
Andrew Hart, Partner, Freshfields Bruckhaus Deringer LLP
Angela Hayes, Partner, Mayer Brown International LLP
Andrew Long, Chairman, Regulatory Decisions Committee, Financial Services Authority
Helen Marshall, Partner, Bingham McCutchen LLP
Brooke Masters, Financial Times
David Mayhew, Barrister, Thirty Nine Essex Street Chambers
Eliza Menardo, Head of Regulatory Development and Training, CIBI, Standard Bank
Stephen Pollard, Partner, WilmerHale
08:15 Coffee and registration
09:00 Chairman's opening remarks
Timothy Dutton, QC, Barrister, Fountain Court Chambers
09:05 Keynote address
Tracey McDermott, Acting Director, Enforcement & Financial Crime, Financial Services Authority
09:35 Enforcement trends
Angela Hayes, Partner, Mayer Brown International LLP
10:15 Tactics in responding to investigations and proceedings
- including skilled persons reports and S166 FSMA
Carlos Conceicao, Partner, Clifford Chance LLP
Stephen Pollard, Partner, WilmerHale
11:00 Morning coffee
11:20 Internal investigations: a practitioner's perspective
Presentation
Will Dennis, Head of International Compliance , Standard Bank
Eliza Menardo, Head of Regulatory Development and Training, CIBI, Standard Bank
Followed by panel discussion with:
Brooke Masters, Financial Times
Further speaker to be confirmed
12:10 Fines and penalties
Helen Marshall, Partner, Bingham McCutchen LLP
12:45 Lunch
14:00 Settlement negotiations and settlement decision making procedure
Andrew Hart, Partner, Freshfields Bruckhaus Deringer LLP
14:30 Contested cases - the Regulatory Decisions Committee
Andrew Long, Chairman, Regulatory Decisions Committee, Financial Services Authority
15:00 Challenging FSA decisions at the Upper Tribunal
David Mayhew, Barrister, Thirty Nine Essex Street Chambers
15:30 Afternoon tea
15:45 Cross border investigations and enforcement
Marc Cohen, Partner, Mayer Brown International LLP
16:20 Chairman's summary and close
This conference is accredited by both the Solicitors' Regulation Authority and the Securities and Investment Institute for 6 Continuing Professional Development Points
Mayfair Conference Centre
17 Connaught Place
London W2 2ES
Tel: 020 7706 7700
Fax: 020 7481 4669
Website
Nearest Tube: Marble Arch (central line)