David Capps
Partner
David is a partner specialising in financial regulatory and internal investigations, regulatory enforcement and compliance, and complex financial disputes.
Partner
David is a partner specialising in financial regulatory and internal investigations, regulatory enforcement and compliance, and complex financial disputes.
Languages - English
Jurisdiction - England & Wales
David’s experience covers many regulator-led and internal investigations as well as handling financial services enforcement matters. He handles cases involving insider dealing, market abuse, fraud and regulatory rule breaches. He also has handles high value and complex financial disputes, His was previously head of litigation and investigations at a major investment bank.
He is highly experienced in advising and representing clients on financial regulatory enforcement matters and related investigations, including interactions with various regulatory authorities. Recognised as an expert in UK and EU financial services regulation, David is often called upon to conduct or advise on complex internal investigations, including those flowing from whistleblowing. He represents both regulated firms and their management and employees.
David also advises clients on key regulatory procedures, policies and processes such as those relating to senior managers and conduct rules, market abuse, AML, ABC, sanctions, whistleblowing, regulatory disclosures and other compliance priorities.
David has extensive experience in complex banking and other financial services disputes including those involving derivatives, structured products and other complex financial instruments.
Regulatory supervision
Advised regulated firms, their management and individuals in relation to regulatory supervision issues including responding to regulatory information requests, handling S.166 Skilled Persons investigations, the imposition of regulatory requirements/variation of permissions and reporting.
Regulatory investigations
Advised and represented regulated firms, listed companies, senior managers and other investment firm employees in relation to numerous FCA enquiries and investigations.
Market conduct
Regularly advises listed companies, regulated firms and their respective employees in relation to market manipulation and insider dealing/inside information-related issues including internal and regulatory investigations, civil regulatory enforcement and criminal prosecution.
Conducting internal investigations
David has many years of experience in conducting internal investigations including matters involving whistleblowing in relation to misconduct, market abuse, non-financial misconduct, fraud, money-laundering failures, trading issues, mismarking and improper accounting practices, abusive behaviour.
Providing advice in relation to internal investigations
Advised a number of clients in relation their conducting internal investigations including as to best practice in respect of witness interviews, document review and reporting, privilege issues and liaison with regulators.
Compliance advice
David has in-depth knowledge of and experience in advising clients in relation to their regulatory obligations and compliance with them. Examples include conduct of business rules, AML, market conduct, conflicts, SMCR requirements, regulatory reporting, whistleblowing, client assets and COCON rules.
Public Inquiries
Advised clients in relation to their giving evidence to public and regulatory enquiries including Parliamentary Enquires and has himself given evidence before the Treasury Select Committee.
Whistleblowing
David is an expert in handling whistleblowing disclosure issues and investigations and has been instructed to investigate such concerns on numerous occasions.
Training
David regularly delivers training including mandatory regulatory training for clients in relation to a wide range of financial and other regulatory compliance issues. David also authors numerous articles in relation to key regulatory developments.
Independent Review of FCA's IRHP redress scheme
David led the team supporting John Swift KC in relation to his Report of the Independent Lessons Learned Review into the FSA/FCA's supervisory intervention on the Interest Rate Swaps sold to SMEs, published in late 2021, including the design, implementation, and oversight of the £2 billion scheme.
