48 · White collar defence and regulation · AMF · ACPR · SEC
Regulatory enforcement
What assistance changes in this practice, what it does not change, and the time reduction actually observed.
Where the gain is real
Response to the regulator’s requests, reconstruction of the conduct alleged, research into comparable enforcement outcomes.
Where it is slight or nil
The hearing before the enforcement committee, negotiating the settlement.
Observed time
−44% at constant case scope, on cases closed over the last three financial years. This measure says nothing about the quality of the outcome.
What the practice covers
- Response to the regulator’s information requests and investigative measures
- Reconstruction of the conduct alleged from records and recordings
- Research into comparable enforcement outcomes and penalty levels
- Analysis of procedural regularity and of the rights of the defence
- Interaction between enforcement, civil claims and criminal proceedings
- Monitoring of the undertakings given and of the orders made