Learning Material Sample

Financial crime

11. The Financial Conduct Authority (FCA)

Under the Financial Services and...

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...r prevention of financial crime.
The FCA seeks to adopt a ‘risk-based’ approach to supervisi...

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...not mean that there is no risk when a firm is operating only in the UK.
What supervisory tools are used by the FCA?

Questionnaires - it may request information from management about the business and its anti-money laundering or anti-bribery procedures

Ad hoc information requests - it may request info...

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...to maintain a co-operative and open dialogue with registered businesses, the Money Laundering Regulations give it legal powers to, for example, require relevant people to provide information, or compel individuals to attend an interview.
The FCA also adopts a ‘risk-based’ approach to enforcement, in line with its approach to supervision.

It considers the nature and seriousness of any suspected breach of the Money Laundering Regulations or Bribery laws before decid...

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...r connected to a registered business to attend at interview and answer questions

Search warrants - it may apply to the court for a search warrant, allowing a police constable to enter and search premises and to take possession of documents

The Third EU Money Laundering Directive requires supervisors to have the power to impose effective, proportio...

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...ment for firms to take notice of financial crime legislation and make sure systems and controls are in place.
The FCA is also alive to the problems of scammers and has it has a ‘scamsmart’ campaign that includes the publication of information on its website to alert consumers to potential fraudulent behavior.

Scams and unsuitable investments are a grave...

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...t verification process. There remain multiple problems online, however, due to the global reach of the internet and ease of uploading information.

What type of approach does the FCA adopt for its supervisory activities?

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