A dual-track investigation arises where the UK’s Financial Conduct Authority (FCA) seeks to obtain evidence capable of supporting either a criminal prosecution or a regulatory/civil action, pending a decision on the appropriate course of action to pursue or whether take no further action. Dual-track investigations are a serious matter for those who are, or are likely to become, the subject of one, presenting significant legal, financial and reputational risk. This Practice Note explains their legal basis, potential outcomes and the strategic considerations for those facing them.What is a dual-track investigation?A dual-track investigation enables the FCA to investigate suspected misconduct without committing at the outset to either a a criminal prosecution or a regulatory/civil action. It can therefore gather evidence to support either course of action, until the time comes to decide which type of action to pursue or whether take no further action.Although not expressly provided for in statute, this approach is grounded in the FCA’s information gathering and investigation