Money laundering has gone mainstream. The television drama Breaking Bad contained one of the clearest explanations of money laundering ever given. The new series McMafia has highlighted London as a hub for money laundering. The increased prominence in mainstream media reflects the priority put on money laundering by Governments and law enforcement.
A recent interview given by the Director General of the National Crime Agency "NCA"Lynne Owens, indicates a greater focus on money laundering investigations in relation to financial services. Owens indicated that the NCA is pursuing a case against senior bankers in relation to bribery and money laundering.
This alert discusses the increasing likelihood of the FCA prosecuting regarding money laundering failings.
The FCA — criminal enforcement The FCA has made it clear that in addition to exercising its supervisory and civil enforcement powers in relation to those it regulates, it may use its criminal powers to prosecute firms and individuals.
The FCA will generally use its civil enforcement powers to target poor AML controls, but if failings are particularly serious or repeated, then the FCA may consider criminal enforcement appropriate. The FCA is also able to prosecute the substantive money laundering offences as a private prosecutor.
Potential wide-ranging offence There is a wide-ranging criminal offence under the money laundering regulations. Both sets of regulations set out the requirements that those in the regulated sector i.
These requirements include provisions regarding customer due diligence and policies, controls and procedures in relation to money laundering and terrorist financing. Certain firms also have additional regulatory obligations. Both sets of regulations contain a criminal offence in relation to the breach of requirements under the regulations the "Requirements Offence".
Looking to the future Currently, the FCA does not have the power to enter into a deferred prosecution agreement "DPA" with a corporate.
However, the inclusion of various offences under the Financial Services and Markets Act within the list of specified offences regarding a DPA has been seen as an indication that the FCA may one day gain the ability to enter into a DPA. The list of specified offences for which a DPA is available also includes several money laundering offences, including the substantive money laundering offences, the failure to disclose in the regulated sector offence and the Requirements Offence.
In the meantime, the use of available criminal prosecution powers could be the next trend in AML enforcement.
Firms should bear in mind that the FCA can initiate a criminal prosecution in relation to the Requirements Offence. Firms should therefore ensure that they have appropriate systems and controls in place in order to avoid the risk of criminal or civil enforcement arising.
This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.(a) Members and member organizations must develop and maintain a written business continuity and contingency plan establishing procedures to be followed in the event of an emergency or significant business disruption.
regular testing of the business continuity policy in an appropriate and proportionate manner in accordance with SYSC R and for a common platform firm with article 21(5) of the MiFID Org Regulation FCA US may, at its option, fully exempt certain organizations from IATF registration. This exemption generally applies to those organizations whose automotive business is of such low significance that they will not register to IATF , but are still needed as a supplier to FCA US. Legislative changes required to implement the MCD. Although FCA rules will be the primary vehicle through which the UK transposes the directive, there are some areas where UK legislation will.
Members and member organizations must make such plan available to the Exchange upon request. Regulatory Business Plan (RBP) – This will explain to the FCA who you are, how your firm operates and how you will meet your ongoing regulatory requirements post authorisation.
Compliance Policies & Procedures – The FCA requires you to have these documented and available for inspection at its request. Welcome to Aerial Direct.
Aerial Direct is a leading independent provider of telecommunications and the largest direct business partner of O2 in the UK.
Mr Stott said he expected firms that fail to deliver up a detailed business plan will then find themselves deemed “high risk” by the regulator and find the FCA’s supervisory team wanting to. Resources. tranceformingnlp.com offers a wide range of free downloadable resources such as whitepapers, case studies, and targeted analysis provided by industry leaders.
FCA Business Plan /19 By Simon Lovegrove (UK) on April 10, Posted in Regulation and compliance, United Kingdom On 9 April , the FCA published its Business Plan for /