The Financial Conduct Authority (“FCA”)  has been unsuccessful in its attempted prosecution of a former banker, Konstantin Vishnyak, for destroying documents relevant to an FCA investigation brought against him for suspected insider dealing offences. This marks the first time the FCA has exercised its powers in connection with a destruction of documents offence under section 177(3)(a) of the Financial Services and Markets Act 2000 (“FSMA”). Despite the outcome, it illustrates the risks for firms and individuals in using messaging systems such as WhatsApp.

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