A banker under investigation for insider trading has been charged after deleting WhatsApp messages in what is the first case of its type in the UK.
The case, brought by the Financial Conduct Authority (FCA), is the first time that the financial watchdog has charged an individual with the offence under the Financial Services & Markets Act. Destroying documents and other evidence is also a crime in other circumstances under the Criminal Justice Act.
An individual can be prosecuted under the Financial Services and Markets Act if that person “falsifies, conceals, destroys or otherwise disposes of” documents that they suspect may be of relevance to an investigation, unless it can be shown that they did not intend to conceal facts that would be disclosed by the documents.
If you find yourself subject to investigation by the FCA, it is essential that you seek expert legal advice as soon as possible. Our experienced Fraud Team can help guide you through this process from the outset, conducting the most robust defence to help protect your position. A prosecution can have devastating effects for you and your firm – an enforced investigation can result in financial penalties and public censure, amongst other possible sanctions.
In the course of an investigation, the FCA may:
Our solicitors can provide pragmatic, tactical advice to support you through an FCA investigation. We regularly deal with all types of criminal, civil and regulatory investigations, with many years of experience in judicial review proceedings and representation in winding up and injunction proceedings. We can instruct specialist barristers, compliance consultants and forensic accounts where necessary to ensure the best outcome for you.
Our Fraud Lawyers are available to meet with you immediately. Whatever your circumstances, speak with a member of our team today on 0808 168 5813 or complete our online enquiry form to find out how we can assist in your case.