Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast serves to outline the role of the Financial Services Authority in prosecuting and enforcing instances of fraud and white collar crime. It addresses the powers and remit of the FSA and how these relate to its function as an industry regulator. The podcast also deals with procedural and policy issues when considering a criminal prosecution and peripheral questions of jury trials in fraud cases.

Outcomes:
After completing the course you will:
  • Understand the purpose, remit and powers of the FSA;
  • Understand the basis on which the FSA will consider enforcement by way of prosecution;
  • Know the criteria that will be appropriate in deciding to prosecute;
  • Understand the arguments surrounding jury trial in serious and complex fraud cases.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Procedural
Sources and References:
  • Financial Services & Markets Act 2000;
  • R v Inland Revenue Commissioners ex parte Mead [1993] 1 All ER 772;
  • R (on the Application of Corner House Research & Ors) v The Serious Fraud Office [2008] UKHL 60;
  • James Parker v FSA, Financial Services Tribunal (2006);
  • Serious Organised Crime and Police Act 2005.

In this podcast, Michael Bowes QC discusses the powers of the Financial Services Authority to prosecute instances of insider dealing, money laundering and market misconduct and other offences within its remit. It addresses some procedural aspects of enforcement in these cases, particularly the decision whether to pursue a criminal or regulatory route.

This podcast may be of interest to practitioners in white collar crime and regulatory offences.

Podcast added: 26/06/09

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