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AFB Practice Workshop: Investigating Allegations of Non-Financial Misconduct

The issue of non-financial misconduct within financial services firms has once again risen to the top of the agenda. Prompted by various significant press stories and the publication in autumn 2023 of the FCA’s Consultation Paper 20/23 and the PRA’s Consultation Paper 18/23 addressing diversity and inclusion in the financial sector.

This practice workshop in partnership with Mishcon de Reya will help AFB members navigate these tricky issues. It will focus on practical examples and will cover issues arising from concurrent police investigations, employment law considerations, adverse media reports and the threat of civil litigation.

Why attend?

The recent consultation papers both state that: (a) incidents of non-financial misconduct bear relevance when assessing an individual’s integrity; and (b) in the case of senior managers and certified staff, personal behaviour (unrelated to their professional roles) may be pertinent to evaluating their fitness and propriety to work within financial services.

This poses novel challenges for compliance and HR professionals. How should they meet the requirements set out in the consultation papers whilst also managing the myriad of other issues that non-financial misconduct can raise? Attendees will engage in a hands-on exploration of a case study that will prompt group discussions on the following topics:

Navigating Non-Financial Misconduct Investigations:

  • Understanding the unique challenges associated with conducting investigations into non-financial misconduct.

Recognizing the Impact on Regulatory Objectives:

  • Identifying situations where conduct is likely to affect regulatory objectives and navigating the implications.

Engaging with Regulators During Investigations:

  • Effectively managing interactions with regulatory authorities throughout the investigative process.

Addressing Criminal Conduct and Police Reporting:

  • Handling investigations when criminal conduct is involved, necessitating reporting to law enforcement.

Managing Reputational Issues:

  • Recognizing instances where reputational management concerns may arise and implementing strategies to address them.

Employment Law Considerations:

  • Understanding the implications of employment law for both individuals under investigation and their colleagues.

Who should attend?

Compliance Officers, HR Professionals, and Senior Managers.

Speakers

Johanna Walsh – Partner, Head of Mishcon de Reya’s White-Collar Crime and Investigations Group

Matthew Ewens – Partner, Mishcon de Reya’s White-Collar Crime and Investigations Group

Guy Wilkes – Partner, Mishcon de Reya’s Financial Services Regulatory Group

Emma Woollcott – Partner, Mishcon Private and Head of the Reputation Protection and Crisis Management group

Jennifer Millins – Partner, Mishcon de Reya’s Employment department

Logistics

Format:   In-person at Mishcon de Reya, Africa House, 70 Kingsway, WC2B 6AH

Cost:        £255.00 + VAT

Date:       Wednesday 13 March 2024

Time:       09:00 – 11:00 (Registration from 08:30)

Places:     Maximum of 30 people

If you would like to submit a question or have any specific areas that you would like the session to address, please send them to the AFB at secretariat@foreignbanks.org.uk. You will receive details on how to join this in-person Workshop a week before the event. The Workshop will be held under the Chatham House Rule, to promote open and constructive discussion.