Richard Burger and George Davies
This paper summarises the FSA's enforcement action taken to date under the market abuse regime and considers how the implementation of the Market Abuse Directive (‘MAD’) will…
Abstract
This paper summarises the FSA's enforcement action taken to date under the market abuse regime and considers how the implementation of the Market Abuse Directive (‘MAD’) will affect the work of city compliance officers. In particular, this paper focuses on the new requirement for the regulated sector to make suspicious transaction reports in respect of market abusive behaviour as well as considering how the newly revamped market abuse regime will sit alongside the criminal offence of insider dealing.
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Examines the key elements that are involved in managing successfulturnarounds. An analysis of the turnaround strategies of more than tenglobal companies revealed that these…
Abstract
Examines the key elements that are involved in managing successful turnarounds. An analysis of the turnaround strategies of more than ten global companies revealed that these strategies incorporated similar sequential processes: identification of problem and need for change; replacement of incumbent CEO; major cost‐cutting attempts; refocusing on core businesses, and reinvesting for the future.
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Richard Burger and George Davies
The purpose of this paper is to describe the ramifications of the UK Extradition Act of 2003 in the light of the extradition of the “Nat West Three” to the USA.
Abstract
Purpose
The purpose of this paper is to describe the ramifications of the UK Extradition Act of 2003 in the light of the extradition of the “Nat West Three” to the USA.
Design/methodology/approach
The paper briefly outlines the background to the case and discusses British extradition arrangements.
Findings
The increasing harmonization of regulation and co‐operation between enforcement agencies across international borders, combined with the increasing criminalization of regulatory breaches has made the risk of extradition all too real for city professionals.
Originality/value
The paper highlights changes to UK extradition procedures and the implications for white collar crime.
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Samantha Hatt and Richard Burger
The purpose of this paper is to consider the outcome of the Financial Services Authority (FSA)'s first ever contested criminal prosecution of company directors accused of making…
Abstract
Purpose
The purpose of this paper is to consider the outcome of the Financial Services Authority (FSA)'s first ever contested criminal prosecution of company directors accused of making misleading statements to the market.
Design/methodology/approach
The paper reviews the trial and the comments of the trial judge and court of appeal on sentence and confiscation.
Findings
This case shows the FSA's willingness to prosecute significant cases of market misconduct and how seriously the courts consider such behaviour.
Originality/value
This paper will be of interest to the directors and officers of listed companies, their professional advisers and regulatory lawyers.
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The purpose of this study is to consider the case of Sean Pignatelli and consider surrounding commentary on the misuse of market information.
Abstract
Purpose
The purpose of this study is to consider the case of Sean Pignatelli and consider surrounding commentary on the misuse of market information.
Design/methodology/approach
The paper reviews the Financial Services Authority's (FSA) Final Notice and related publications.
Findings
The paper finds that there may be limitations to the use of the market abuse regime and therefore the FSA may consider the greater use of Principles to “punish” those who engage in market misconduct.
Originality/value
This study will be of interest to approved persons, compliance officers and regulatory lawyers.
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Richard Burger and William Dodsworth
This paper seeks to consider the first ever report by the National Audit Office (NAO) on the economy, efficiency and effectiveness of the Financial Services Authority (FSA).
Abstract
Purpose
This paper seeks to consider the first ever report by the National Audit Office (NAO) on the economy, efficiency and effectiveness of the Financial Services Authority (FSA).
Design/methodology/approach
This paper reviews the NAO's report and the FSA's response.
Findings
The paper finds that the majority of the NAO's findings and recommendations have been accepted and incorporated into the FSA's planning.
Originality/value
This paper will be of interest to regulated firms and regulatory and public law lawyers.
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To consider the recommendations made by the Financial Services Authority (FSA) enforcement process review (the review).
Abstract
Purpose
To consider the recommendations made by the Financial Services Authority (FSA) enforcement process review (the review).
Design/methodology/approach
This paper has considered the concerns raised by the Financial Services and Markets Tribunal in the Legal & General case, the reaction of the FSA to those concerns and the terms of reference for the review, plus the impact of the review's 44 recommendations.
Findings
That the recommendations will bring greater transparency to the FSA's process of investigating regulatory breaches and taking enforcement action against firms and individuals, although it may take some time for the regulator and the city to adapt to the revised enforcement process.
Originality/value
This paper will be of interest to firms and individuals in the regulated sector and regulatory lawyers interested in the FSA's enforcement process.
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Richard Burger and Samantha Hatt
The FSA Financial Crime Sector Leader, Philip Robinson, outlined the FSA's new policy on fraud within the regulated sector in his October 2004 speech. The FSA subsequently…
Abstract
Purpose
The FSA Financial Crime Sector Leader, Philip Robinson, outlined the FSA's new policy on fraud within the regulated sector in his October 2004 speech. The FSA subsequently undertook a review of 16 regulated firms and how to prevent and detect fraud. This paper considers the findings of the FSA's Firm's High‐Level Management of Fraud Risk Report and the reference to financial crime in the FSA's recent Financial Risk Outlook 2006 and Business Plan 2005/2006.
Design/methodology/approach
The topic has been approached to consider the development of the FSA's policy on fraud with reference to speeches and policy documents.
Findings
That financial crime is a significant threat to the financial services sector. Firms have taken proactive steps to tackie fraud, but more can be done. The 2006 may see greater focus by the FSA on firms' anti‐fraud measures.
Originality/value
In examining the FSA's policy on anti‐fraud management this papers seek identify what the FSA requires from firms in terms of anti‐fraud measures. This paper should be of interest to compliance officers, MLRO Officers, fraud investigators and regulatory lawyers.
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This study aims to promote the preservation of endangered traditional knowledge and practices in the Andes of Peru by documenting, publishing and disseminating them.
Abstract
Purpose
This study aims to promote the preservation of endangered traditional knowledge and practices in the Andes of Peru by documenting, publishing and disseminating them.
Design/methodology/approach
Based on a literature review of coca and coca divination, the author will describe these types of divination practices. Subsequently, the author will address the context and characteristics of a coca reading conducted in October 2022. Afterwards, the threats and prejudices faced by this type of indigenous knowledge and practice are discussed.
Findings
Coca divination in the Andean region of Ancash differs from the most common form of divination with coca leaves performed in northern Argentina, Bolivia, northern Chile, Colombia and southern Peru. The results of the coca reading conducted in October 2022 align with Andean worldviews. These practices and the associated episteme face various threats from academic, social and political actors and their discourses.
Practical implications
Scientific and academic researchers should be aware that their work can foster and maintain epistemic colonialism in Latin American territories. Archaeological excavations and interpretations should respect ancestral and traditional worldviews and practices.
Originality/value
This study advances the understanding of coca divination in the Andes of Ancash, Peru, by providing nuanced insights into this cultural practice in relation to a landslide event that occurred near a 3,000-year-old temple. The implications extend beyond academic discourse, offering valuable perspectives for conducting archaeological excavation activities that respect ancestral and traditional local beliefs. Future research should build on these findings to deepen comprehension of threats to traditional beliefs and practices.