FCA commences criminal proceedings for fraud and unauthorised business

29 April 2021

Following an investigation, the FCA has commenced criminal proceedings against Larry Barreto and Tassib Hussain. The proceedings relate to an offence of conspiracy to commit fraud by false representation involving both defendants and two further offences by Larry Barreto of carrying on regulated activities without authorisation. Larry Barreto traded as Barreto and Partners, an unauthorised financial services firm based in Nottingham. Tassib Hussain is an accountant who ran Keystone Chartered Accountants also based in Nottingham.

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Lieve Lowet

Lieve Lowet

EU Affairs consultant and lobbyist

Guidelines again: The Opinion of Advocate-General Bobek in the case of the Féderation bancaire française (FBF) against the French Prudential Supervision and Resolution Authority (ACPR)

28 April 2021

On 15 April 2021, advocate-general Michal Bobek delivered his Opinion in a request for preliminary ruling from the French Conseil d’Etat in case C-911/19. On the dissecting table are the Guidelines on product oversight and governance arrangements for retail banking products which the European Banking Authority (EBA) issued in 2016. The ACPR in 2017 in a notice decided to comply with them, ‘thus making them applicable to all financial institutions under its supervision’. A month later, the FBF lodged an application seeking the annulment of the ACPR’s notice before the French Conseil d’Etat, citing the EBA’s lack of competence. The Conseil d’Etat decided to seek a preliminary ruling from the European Court of Justice (ECJ) on several questions, one of which was whether the EBA had exceeded its power. Continue reading…

Charles Randell: Cautious optimism for the post-pandemic world

27 April 2021
Knowledge Base

Charles Randell, Chair to the Finance and Leasing Association, recently delivered a speech at the Finance and Leasing Association Industry Gathering on 22 April 2021. It’s now more than a year since we all started our extraordinary new ways of living and working with coronavirus. Last summer, three months into the first lockdown, I made a speech about the consequences of coronavirus and the financial system we would need for the recovery. I said that the recovery would be determined more by decisions about public health and fiscal and monetary policy than by financial conduct regulation, but I noted that the pandemic had exposed some stark truths: that we have too much debt; that we don’t save enough; and that when people do save, they are too often persuaded to buy unsuitable investments. I said that the financial conduct regulator we need for the recovery is one that fundamentally changes this picture. Continue reading…

UK money laundering enforcement: The political race to the bottom

26 April 2021
Knowledge Base

by Ian Ross

The last three years have seen some seismic changes in both EU and UK anti-money laundering legislation along with related enforcement reporting initiatives. Updated Money Laundering Regulations were enacted in 2017. In early 2018, the Treasury set up a new body; the Office for Professional Body Anti-Money Laundering Supervision (OPBAS), to act as a ‘supervisor’ of AML supervisors with the responsibility for monitoring money laundering activity. 2018 also saw the first ‘Unexplained Wealth Order’ (UWO’s). The EU Parliament brought into force the sixth AML Directive with some stark changes to both penalties and reporting and data sharing policies. Continue reading…

Professor Paul Dembinski: “Digitalisation breeds complexity, and complexity tends to blur the sense of responsibility”

22 April 2021
Knowledge Base

On Wednesday, March 31, 2021 the Ethics in the Age of Digital Finance: Issues and Challenges event was held online, which was organised jointly by the Observatoire de la Finance (Geneva) and the Hoffmann Global Institute for Business and Society (INSEAD). From online banking to contactless payments and cryptocurrencies, financial technology – or FinTech – is rapidly impacting the financial services industry and those who must supervise and use it. The webinar presented an invaluable opportunity to engage in a meaningful discussion on how new technologies impact financial services and what the ethical opportunities and challenges are by the digitisation of finance. It also introduced the audience to the global Prize “Ethics & Trust in Finance for a Sustainable Future” that was initiated in 2006 by the Observatoire de la Finance. The Risk & Compliance Platform Europe also took part in this online event and covered it via its website. This is part two in a series of three articles on this webinar. Continue reading…

Basel Committee publishes work programme and strategic priorities for 2021-22

21 April 2021
Knowledge Base

The Basel Committee on Banking Supervision has recently published its work programme for 2021-22. The work programme sets out the strategic priorities for the Committee over the coming year and reflects the outcome of a recent strategic review by the Committee to ensure that it continues to effectively promote global financial stability and strengthen the regulation, supervision and risk management practices of banks worldwide.   Continue reading…

Professor Peter Zemsky: “The real challenge with technology is that it is just not possible for regulation to keep up with change”

20 April 2021
Knowledge Base

On Wednesday, March 31, 2021 the Ethics in the Age of Digital Finance: Issues and Challenges event was held online, which was organised jointly by the Observatoire de la Finance (Geneva) and the Hoffmann Global Institute for Business and Society (INSEAD). From online banking to contactless payments and cryptocurrencies, financial technology – or FinTech – is rapidly impacting the financial services industry and those who must supervise and use it. The webinar presented an invaluable opportunity to engage in a meaningful discussion on how new technologies impact financial services and what the ethical opportunities and challenges are by the digitisation of finance. It also introduced the audience to the global Prize “Ethics & Trust in Finance for a Sustainable Future” that was initiated in 2006 by the Observatoire de la Finance. The Risk & Compliance Platform Europe also took part in this online event and covered it via its website. This is part one in a series of three articles on this webinar. Continue reading…

FCA stops FXVC offering CFDs to UK customers

19 April 2021

The Financial Conduct Authority (FCA) has acted to stop a Cypriot based firm, Finteractive Limited (trading as FXVC), from offering high risk contracts for difference (CFDs) to UK investors. FXVC used a variety of inappropriate techniques, including misleading financial promotions which appeared to offer consumers the opportunity to purchase shares in a well-known company and failed to mention that they were actually promoting CFDs. Continue reading…

Dr. Liliya Gelemerova: “The ultimate goal of effective money laundering is to make it harder for crime money to be enjoyed by criminals and provide leads to underlying crime such as human trafficking, thus disrupting it”

16 April 2021
Knowledge Base

by Michel Klompmaker

Economic crime costs more than £193bn per year. Tackling this complex problem requires an interdisciplinary perspective. A seminar series in economic crime invited those with expertise and interest in economic crime across faculties, departments, students and broader community to come together, share ideas, and engage in a collaborative work. This interdisciplinary initiative was organised by Dr. Branislav Hock, who is a Senior Lecturer in Economic Crime at the University of Portsmouth. The Economic Crime Seminar Series was held on March 24 2021 online, and was organised through the joint effort of the Institute of Criminal Justice Studies, Portsmouth Law School, Portsmouth Business School – the Department of Economics and Finance, and Portsmouth Business School – the Department of Accounting and Financial Management. Continue reading…

FSB Chair updates G20 on COVID-19 support measures, and a roadmap to address climate-related financial risks

15 April 2021

The Financial Stability Board (FSB) recently published a letter from the FSB Chair, Randal K. Quarles, to G20 Finance Ministers and Central Bank Governors of their virtual meeting on 7 April. The FSB also delivered to the G20 a report on factors to be considered in extending, amending and ending COVID-19 support measures. The letter notes that, while progress is moving at different speeds across jurisdictions, the vaccine rollout heralds an inflection point in the COVID-19 pandemic. While it is sensible to keep measures that support financial system stability and financing of the real economy in place as long as needed,  the factors to be considered in deciding whether to extend, amend and, eventually, end support measures are taking shape. Continue reading…