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Regulatory investigations and enforcement

Regulation now tops the agenda of every financial institution, following the banking failures of 2008. This is reflected in a tougher approach by the FCA in its use of enforcement powers.

This means that firms and individuals now face the prospect not only of significant penalties and fines but also withdrawals of permission, prohibitions and suspension orders. The FCA is also increasingly using criminal sanctions to deal with serious instances of market misconduct such as insider dealing, misleading statements and market manipulation.

Our regulatory Investigations and enforcement team has extensive experience across the entire financial services sector of acting for authorised firms and approved individuals facing FCA investigations and enforcement proceedings.

We also advise in connection with investigations and inquiries into compliance with listing and disclosure rules and allegations of market abuse. Clients turn to us for our combined civil and criminal enforcement capability, our practical and cost-effective advice, and our excellent record of obtaining positive outcomes in challenging situations.

We try to take an approach that balances the duty of regulated entities and individuals to be open and co-operative in their dealings with the FCA, and the regulator's duty to act proportionately and fairly when investigating issues of concern.

We have extensive experience of devising and implementing remediation programmes which, if offered at an early stage, may be a means of avoiding or minimising enforcement action. We also advise on all day-to-day compliance issues and assist in the design and implementation of effective procedures and controls.

Our experience includes:

internal investigations into suspected regulatory breaches and compliance with notification requirements
appointment of investigators and information requests
section 166 reports
representation at interviews
warning and decision notices including representation before the RDC and Upper Tribunal
settlement negotiations

Please visit our Fraud and Financial Crime page for details of our financial crime lawyers .

[The] team did a spectacular job of defending our interests. They provided a detailed budget for the matter which they did not exceed."

General Counsel, major U.S. financial institution

They demonstrated high levels of competency, enthusiasm and commitment. They were very responsive and they had a good understanding of the business and were sympathetic to the issues that we faced in this particular situation. They turned things around quickly and were just very supportive; we were in a difficult position and we really felt that they gave us a tremendous amount of support."

Finance Director, corporate finance division of a major international banking group

Contact us

Gregory Brandman, Partner

+44 207 919 0757
E-mail Gregory Brandman

Claire Carroll, Partner

+44 20 7919 0724
E-mail Claire Carroll

Related services

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.