Effect of the FSA market abuse enforcement action

Author: | Published: 2 May 2012

With increasing success in bringing criminal prosecutions against those who knowingly employ inside information for their own gain, the Financial Services Authority (FSA) is increasingly turning its sights to those who unintentionally engage in market abuse.

This year the FSA has imposed heavy fines on two big City names for unwittingly disclosing and trading off the back of price-sensitive information. Market participants must wake up to the need for greater circumspection in dealing with sensitive information, or face stiff penalties themselves.

To find a market participant guilty of market abuse – albeit the regulatory and not criminal offence – the FSA need not prove intent (unlike the US Securities and Exchange Commission). It need only be satisfied that one of the various ways in which market abuse may be committed (as set out in section 118 of the Financial Services and Markets Act (FSMA)) has been proved on the balance...