Not (Necessarily) Naming And Shaming: The FCA Publishes Its First Enforcement Watch

So, the FCA listened to feedback it received in response to its consultations on revised publicity proposals (aka naming and shaming). Respondents requested that, instead of naming firms under investigation, the FCA provide more information to the market on current enforcement investigations on an anonymised and thematic basis through a regular publication such as an "Enforcement Watch".

The FCA's first Enforcement Watch covers:

• Its updated publicity policy in action
• Enforcement case priorities
• International partnerships

Publicity policy and considerations

It says that when it opens a case, it will always consider whether to announce and regularly revisit its decision during the investigation. When it decides whether to make an announcement, it considers the potential prejudice that it believes may be caused to any people or firms who are, or are likely to be, a subject of the investigation.