Information on enforcement cases

Reference Case Number: FOI10467

Freedom of Information: Right to know request:

a. Please confirm the total number of open enforcement cases and the number of investigations that these investigations relate to? Please note that the distinction between "cases" and "investigations" comes from the FCA's Annual Report for 2022/23 FCA operating service metrics 2022/23 | FCA[1]

b. Provide a breakdown of these open enforcement cases in the same format as is set out in this document - FCA operating service metrics 2022/23 | FCA[1].

2. Please can you confirm the number of new enforcement cases that have been opened since 1 April 2023, providing both the total number of cases and the same breakdown by primary issue under investigation as is requested in 1b above?

3. Please can you confirm the number of enforcement cases that have been closed since 1 April 2023, providing both the total number of cases and the same breakdown by primary issue under investigation as is requested in 1b above?

4. Please can you confirm how many open enforcement cases the FCA has into allegations of "greenwashing"?

FCA response:

Question 1.a

As of 31 July 2023, we had 562 open enforcement cases, relating to 224 investigations.

Question 1.b

Primary issue	Civil	Criminal	Regulatory	Dual track
Unauthorised business	47	111	0	47
Misleading statements	0	19	6	15
Listing/Prospectus Rules/Disclosure Transparency Rules (DTR) Breaches	0	0	4	0
Market manipulation	0	0	11	4
Insider dealing	0	20	1	44
Wholesale conduct	1	3	49	5
Financial crime	1	5	13	8
Retail lending	0	0	0	0
Investment scam	0	0	5	9
Pension scam	0	0	8	0
Advice pensions	0	0	45	0
Retail Conduct	3	3	64	11
Total	52	161	206	143

Question 2.

Cases opened during the period 1 April 2023 to 31 July 2023

Primary issue	Criminal	Regulatory	Dual track
Unauthorised business	0	0	5
Misleading statements	0	0	5
Listing/Prospectus Rules/Disclosure Transparency Rules (DTR) Breaches	0	0	0
Market manipulation	0	0	0
Insider dealing	0	0	1
Wholesale conduct	0	4	1
Financial crime	1	1	0
Retail lending	0	0	0
Investment scam	0	0	0
Pension scam	0	0	0
Advice pensions	0	0	0
Retail Conduct	0	6	1
Total	1	11	13

Question 3.

Cases closed during the period 1 April 2023 to 31 July 2023:

Primary issue	Criminal	Regulatory	Dual track
Unauthorised business	4	0	0
Misleading statements	1	0	0
Listing/Prospectus Rules/Disclosure Transparency Rules (DTR) Breaches	0	2	0
Market manipulation	0	0	0
Insider dealing	0	0	3
Wholesale conduct	0	3	0
Financial crime	0	5	1
Retail lending	0	0	0
Investment scam	0	1	0
Pension scam	0	3	0
Advice pensions	0	12	0
Retail Conduct	0	18	1
Total	5	44	5

Question 4.

We are unable to confirm or deny whether we hold any relevant information as section 31 (law enforcement) of FOIA applies. This is because any confirmation or denial would, or would be likely to, prejudice the exercise by the FCA of its regulatory functions under the Financial Services and Markets Act 2000 (FSMA)

For a detailed explanation of why this exemption applies, please see Annex A below.

Supporting document

FOI10467 Annex A[2]

Date of Release: 30/08/2023

Information on enforcement cases - August 2023