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FCA faces backlash over plan to ‘name and shame’ companies under investigation

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FCA faces backlash over plan to ‘name and shame’ companies under investigation

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The UK’s top financial regulator is facing a fierce backlash from the government and City executives over its plan to “name and shame” companies under investigation more frequently and at a much earlier stage.

The move has caused anger in ministerial circles, fuelling fears that the Financial Conduct Authority’s approach to regulation is harming the City of London and driving business abroad.

One senior government figure said: “The FCA says it’s thinking about competitiveness, but so often they take decisions that harm the competitiveness of the UK. They have got to stop. We can’t afford to do this any more as a country.”

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The FCA’s new approach, outlined in a consultation paper in February, aims to create more transparency concerning the watchdog’s enforcement work and to increase the deterrent effect such probes can have on the market.

The move has caused uproar among City lawyers who claim it could do significant damage to their clients both reputationally and financially, pointing to the fact that about 65 per cent of the agency’s investigations close without action.

Miles Celic, chief executive of TheCityUK, said: “The industry is opposed to the FCA’s proposal to name and shame financial services firms before the conclusion of enforcement investigations.

“This contradicts the fundamental legal principle of ‘innocent until proven guilty’ and risks undermining trust and confidence in the wider industry and the UK’s competitiveness.

“It would significantly and pointlessly damage a firm’s reputation and value, especially given that FCA investigations take four years on average and many conclude without requiring any action.”

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Ministers are reluctant to criticise regulators publicly, but frustration with the FCA is running high in Whitehall circles.

The Treasury said: “This is a matter for the FCA. However, we are engaging with both the FCA and industry as the proposals are developed, in particular to ensure that any potential impacts on competitiveness are properly considered.”

Last month Kemi Badenoch, business secretary and equalities minister, wrote to FCA chief executive Nikhil Rathi to accuse the agency of “regulatory over-reach” because of the introduction of a new regime on diversity and inclusion in the financial sector.

Badenoch this week said in a speech to City leaders: “I worry about the tendency to push for well-meaning but counter-productive measures that stifle growth, productivity and innovation.”

The FCA has previously come under pressure from MPs to be more transparent about its enforcement work, including a call two years ago from the House of Commons public accounts committee as part of its investigation into the British Steel workers’ pensions mis-selling scandal.

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When the proposal was announced, the FCA’s enforcement heads told the FT that the new approach would mainly apply to companies rather than individuals owing to legal constraints.

The regulator previously only disclosed details mid-investigation in “exceptional circumstances”. The agency is now looking to adopt a looser “public interest” test.

The FCA said it was looking to conduct investigations more quickly and would take a more focused approach to the number of cases it took on.

“We have been consulting on announcing our investigations, on a case-by-case basis, where it is in the public interest to do so,” the watchdog said. “We believe doing so will give all the firms we regulate and the wider public better insight, earlier, about issues we are concerned about.”

The FCA said the plans would bring it into line with several other UK regulators, including media watchdog Ofcom, energy regulator Ofgem and the Competition and Markets Authority.

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It said it had given people more time to respond to the consultation, which closes at the end of April. FCA officials have said it is unlikely the regulator will announce an investigation if it is deemed likely to have an “outsize impact”.

 

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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

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The Supreme Court on Monday intervened in New York’s redistricting process, blocking a lower court decision that would likely have flipped a Republican congressional district into a Democratic district.    
  
At issue is the midterm redrawing of New York’s 11th congressional district, including Staten Island and a small part of Brooklyn. The district is currently held by a Republican, but on Jan. 21, a state Supreme Court judge ruled that the current district dilutes the power of Black and Latino voters in violation of the state constitution.  
  
GOP Rep. Nicole Malliotakis, who represents the district, and the Republican co-chair of the state Board of Elections promptly appealed to the U.S. Supreme Court, asking the justices to block the redrawing as an unconstitutional “racial gerrymander.” New York’s congressional election cycle was set to officially begin Feb. 24, the opening day for candidates to seek placement on the ballot.  
  
As in this year’s prior mid-decade redistricting fights — in Texas and California — the Trump administration backed the Republicans.   
 
Voters and the State of New York contended it’s too soon for the Supreme Court to wade into this dispute. New York’s highest state court has not issued a final judgment, so the voters asserted that if the Supreme Court grants relief now “future stay applicants will see little purpose in waiting for state court rulings before coming to this Court” and “be rewarded for such gamesmanship.” The state argues this is an issue for “New York courts, not federal courts” to resolve, and there is sufficient time for the dispute to be resolved on the merits. 
  
The court majority explained the decision to intervene in 101 words, which the three dissenting liberal justices  summarized as “Rules for thee, but not for me.” 
 
The unsigned majority order does not explain the Court’s rationale. It says only how long the stay will last, until the case moves through the New York State appeals courts. If, however, the losing party petitions and the court agrees to hear the challenge, the stay extends until the final opinion is announced. 
 
Dissenting from the decision were Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Writing for the three, Sotomayor  said that  if nonfinal decisions of a state trial court can be brought to highest court, “then every decision from any court is now fair game.” More immediately, she noted, “By granting these applications, the Court thrusts itself into the middle of every election-law dispute around the country, even as many States redraw their congressional maps ahead of the 2026 election.” 

Monday’s Supreme Court action deviates from the court’s hands-off pattern in these mid-term redistricting fights this year. In two previous cases — from Texas and California — the court refused to intervene, allowing newly drawn maps to stay in effect.  
  
Requests for Supreme Court intervention on redistricting issues has been a recurring theme this term, a trend that is likely to grow.  Earlier last month  the high court allowed California to use a voter-approved, Democratic-friendly map.  California’s redistricting came in response to a GOP-friendly redistricting plan in Texas that the Supreme Court also permitted to move forward. These redistricting efforts are expected to offset one another.     
   
But the high court itself has yet to rule on a challenge to Louisiana’s voting map, which was drawn by the state legislature after the decennial census in order to create a second majority-Black district.  Since the drawing of that second majority-black district, the state has backed away from that map, hoping to return to a plan that provides for only one majority-minority district.    
     
The Supreme Court’s consideration of the Louisiana case has stretched across two terms. The justices failed to resolve the case last term and chose to order a second round of arguments this term adding a new question: Does the state’s intentional creation of a second majority-minority district violate the constitution’s Fourteenth and Fifteenth Amendments’ guarantee of the right to vote and the authority of Congress to enforce that mandate?    
Following the addition of the new question, the state of Louisiana flipped positions to oppose the map it had just drawn and defended in court. Whether the Supreme Court follows suit remains to be seen. But the tone of the October argument suggested that the court’s conservative supermajority is likely to continue undercutting the 1965 Voting Rights Act.   

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Map: Earthquake Shakes Central California

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Map: Earthquake Shakes Central California

Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

A minor earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.

The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, Calif., data from the agency shows.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Monday, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.

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US says Kuwait accidentally shot down 3 American jets

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US says Kuwait accidentally shot down 3 American jets

The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.

“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.

“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.

In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.

“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.

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Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.

This story has been updated.

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