FCA Investigation

FCA Investigation Solicitor Birmingham

The Financial Conduct Authority investigates individuals and firms for insider dealing, market manipulation, unauthorised financial services business, and money laundering. FCA interviews under section 171 of the Financial Services and Markets Act 2000 are compulsory. The consequences of an FCA investigation can include unlimited fines, imprisonment, and prohibition from working in financial services.

FCA investigation powers

The FCA has the power to compel attendance at interviews and production of documents under section 171 FSMA. It can apply for search warrants under section 176 FSMA. It can freeze assets and impose prohibition notices. Refusal to comply with an FCA requirement is itself a criminal offence.

FCA compelled interviews

An FCA section 171 interview is compulsory. You are entitled to legal advice before and during the interview. David attends all FCA interviews and advises on the scope of questions that must be answered.

Economic crime legislation

The Economic Crime (Transparency and Enforcement) Act 2022 and the Economic Crime and Corporate Transparency Act 2023 have extended enforcement powers relevant to FCA investigations, including a corporate offence of failure to prevent fraud applicable to large organisations.

Frequently asked questions

Common questions

What is an FCA compelled interview?
An FCA compelled interview under section 171 FSMA requires the interviewee to attend and answer questions. Refusal is a criminal offence. You are entitled to legal representation and certain protections apply.
Can I refuse to answer questions at an FCA interview?
You are generally required to answer questions at a compelled FCA interview, but legal professional privilege protects communications with your solicitor.
What is a dawn raid by the FCA?
The FCA can execute search warrants at business premises and private addresses without advance notice. If the FCA executes a warrant at your premises, contact a solicitor before handing over any documents, passwords or devices.
Is legal aid available for FCA investigations?
Legal aid is not generally available for FCA regulatory proceedings but may be available if the FCA brings a criminal prosecution.

Under investigation? Call David Roy.

Do not respond to investigators without legal advice. Call 07525 802931 for a confidential, no-obligation discussion.

Call 07525 802931