This podcast discusses the final decision from the Upper Tribunal Tax and Chancery Chamber regarding financial penalties for Ms. Fox-Bryant and Mr. Price under the Financial Services and Markets Act 2000. It outlines the Tribunal's approval of the Financial Conduct Authority's recalculation of disgorged amounts, taking into account factors like tax adjustments and the proportion of pension funds derived from the company CFP Management Limited. The decision affirms the previous rulings on prohibition orders and withdrawal of approvals, focusing solely on the methodology and final figures for the financial penalties. The Tribunal directs the Authority to issue revised notices reflecting these approved penalty calculations.

Toni Fox-Bryant & Anor v The Financial Conduct Authority [2025] UKUT 152 (TCC)

This podcast discusses an Upper Tribunal (Tax and Chancery Chamber) decision regarding the Financial Conduct Authority's (FCA) application to compel Mr. David Weller to provide testimony in an ongoing financial services case. The case involves Banque Havilland SA, Edmund Lloyd Rowland, and Vladimir Bolelyy who are accused by the FCA of being involved in creating and disseminating a manipulative trading strategy presentation concerning Qatari bonds. The Tribunal is considering whether to issue a witness summons to Mr. Weller, a former senior manager at the Bank, despite his objections and previous refusal to testify voluntarily, balancing the materiality of his potential evidence against the potential unfairness to him due to ongoing regulatory proceedings. The discussion explores legal principles regarding witness summonses, including the "non-impeachment principle," and assesses the fairness to all parties involved.

Banque Havilland SA & Ors v The Financial Conduct Authority [2025] UKUT 197 (TCC)

The False Claims Act (“FCA”) is a powerful tool to fight fraud against the government, especially in healthcare. It contains a “qui tam” provision that lets regular people—called “relators” or whistleblowers—sue individuals and entities for fraud on behalf of the government.

Will the Whistleblower Law Be Whistled Out?

Buying a healthcare business, from a medical practice to a medicine manufacturer, is a lot like buying a house—you hope for the best, but sometimes, there’s wood rot hiding under that fresh paint.

What’s Lurking in Your Business Acquisition? Nearly $60 Million in Lessons from Pfizer and Biohaven

There’s a reason why Medicare Advantage is fertile ground for fraud enforcement.

Did They Sell Their Seoul? The $62+ Million Settlement

This podcast concerns a tribunal's decision regarding Metro Bank's breach of financial regulations and the penalties imposed on its former CEO, Mr. Craig Donaldson, and CFO, Mr. David Arden. The core issue involved incorrectly reported risk-weighted assets in a Q3 2018 trading update, which the Financial Conduct Authority (FCA) deemed a breach of Listing Rule 1.3.3R. The tribunal ultimately upheld the finding that the bank breached the rule and that both executives were "knowingly concerned" in the breach, but reduced their individual penalties due to mitigating factors like cooperation with regulatory authorities. The text also explores the meaning of "knowingly concerned" within financial regulations and the burden and standard of proof applied in such cases.

Craig Francis Donaldson & Anor v The Financial Conduct Authority [2025] UKUT 185 (TCC)

This podcast outlines a tribunal's findings regarding an individual, Mr. Staley, and his conduct while serving as CEO of Barclays, particularly concerning his relationship with Jeffrey Epstein. The core issue revolves around misleading statements made in a letter to the Financial Conduct Authority (FCA) regarding the closeness and recency of contact between Mr. Staley and Mr. Epstein. The tribunal assessed whether Mr. Staley acted recklessly and breached Individual Conduct Rule 1 (acting with integrity), Individual Conduct Rule 3 (being open and cooperative with regulators), and Senior Manager Conduct Rule 4 (appropriately disclosing information). It also addresses the calculation of a financial penalty, specifically the inclusion of unvested shares in Mr. Staley's relevant income, and ultimately affirmed a prohibition order against him while reducing the financial penalty.

James Edward Staley v The Financial Conduct Authority [2025] UKUT 203 (TCC)

This podcast outlines a judgment from the UK's Upper Tribunal, specifically the Tax and Chancery Chamber, concerning an application by the Financial Conduct Authority (FCA) to amend its statement of case against Nailesh Manubai Teraiya. The core of the matter revolves around the FCA's decision to withdraw its pursuit of a financial penalty against Teraiya, while still seeking to prohibit him from regulated financial activities. The Tribunal addresses Teraiya's objections, primarily focusing on whether the FCA was required to issue a notice of discontinuance and comply with its publication policies when withdrawing part, but not all, of its case. The judgment ultimately grants the FCA permission to amend its case and the preliminary legal question, clarifying the procedural requirements for partial case withdrawal within the Tribunal rules.

Nailesh Manubai Teraiya v The Financial Conduct Authority [2025] UKUT 211 (TCC)

The government alleged a 65-million-dollar kickback and healthcare fraud conspiracy against owners of a laboratory which specialized in COVID-19 and pharmacogenomic testing. Host Ramana Rameswaran speaks to Andrew Feldman, of the Feldman Firm, to discuss the impact of this case, why this case and the trial may affect the theories the government utilizes in future indictments and FCA enforcement actions, and how the government might develop future COVID-19 cases. 

Lessons from the Trenches: Trial Tactics Defending COVID 19 and Genetic Testing Cases

Out of state and still billing for in-person care? A physician submitted claims while vacationing in Hawaii—and now faces criminal sentencing and a $500k civil payout.


Double Trouble: Prosecuted and Sued for the Same Scam

A podcast of the American Bar Association Health Law Section reflecting the diverse industry voices of the healthcare bar!

New tracks tagged #FCA