Appointment and powers of FCA investigators in criminal cases
Appointment and powers of FCA investigators in criminal cases

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Appointment and powers of FCA investigators in criminal cases
  • Appointment and powers of investigators in criminal matters
  • Powers of investigators appointed under FSMA 2000 in criminal cases
  • Other non-FSMA 2000 powers available to FCA investigators
  • Intrusive powers of surveillance
  • Proceeds of Crime Act 2002
  • Money Laundering Regulations 2017
  • FCA guidance on enforcement

The Financial Conduct Authority (FCA) has a wide-ranging brief, which includes the ability to enforce compliance with its rules and competition law in order to meet its strategic and operational objectives. For more information, see Practice Notes: Financial Conduct Authority—objectives and principles and Financial Conduct Authority—functions.

The FCA has a range of powers that it can use in this respect. This includes regulatory, disciplinary, civil and criminal enforcement powers. For more information, see: FCA enforcement powers—one minute guide and Practice Note: FCA enforcement essentials—investigations—The FCA’s Toolkit.

This Practice Note provides an introduction to the FCA’s criminal enforcement investigatory powers. For detailed guidance, consult the FCA and PRA investigations, enforcement and discipline.

For more information about the FCA's approach to investigating firms and individuals, see the following Practice Notes:

  1. FCA enforcement essentials—investigations—Appointment of investigators under FSMA 2000

  2. UK regulators—non-FSMA enforcement powers

  3. Steps in FCA enforcement investigations

  4. FCA investigation of senior management, and

  5. Dealing with the FCA—informal requests for information

The following Practice Notes give information on how to handle disclosure of documents and information to the FCA during an investigation:

  1. FCA and PRA disclosure issues—one minute guide

  2. FCA and PRA disclosure issues—essentials, and

  3. Dealing with search warrants and dawn raids—a quick reference guide

Practice Notes: FCA enforcement essentials—investigations—Pro-active co-operation with the FCA and Offences during an FCA investigation give guidance on dealing