Reference Case Number: FOI9972
Freedom of Information: Right to know request:
Section 330 of the Proceeds of Crime Act – failure to disclose (employee)
Section 331 of the Proceeds of Crime Act – failure to disclose (nominated officer)
Section 333A of the Proceeds of Crime Act – tipping off (regulated sector)
Section 342 of the Proceeds of Crime Act – prejudicing an investigation
For each of these offences, I would like to know the following:
• how many offences have been prosecuted by the FCA under each of these sections over the last five years
• how many offences have been prosecuted by the FCA under each of these sections over the last ten years
• of the offences prosecuted in the last five years (if any), how many of the offences concerned individuals and how many were alleged against corporate entities?
• of the offences prosecuted in the last five years (if any), whether any resulted in conviction and if so how many?
• of the convictions, whether any received a custodial sentence
• of the convictions, what was the highest fine imposed
• of the convictions, what was the longest period of imprisonment imposed (if any)
In the event that this request is deemed to be too resource intensive to research in its entirety, please would you work down the list of bullets and answer any which can be addressed in the time available?
FCA response:
We have not prosecuted anyone under the Proceeds of Crime Act for the following offences:
- Section 330 of the Proceeds of Crime Act – failure to disclose (employee)
- Section 331 of the Proceeds of Crime Act – failure to disclose (nominated officer)
- Section 333A of the Proceeds of Crime Act – tipping off (regulated sector)
- Section 342 of the Proceeds of Crime Act – prejudicing an investigation
Please note that we do not have powers under Section 168 Financial Services and Markets Act 2000 (FSMA) to appoint investigators to investigate these offences. However, we may consider investigating the firm under Section 167 FSMA if any evidence of such offences came to light.