The FCA has fined PricewaterhouseCoopers LLP (PwC) for failing to report to the regulator their belief that London Capital & Finance plc (LCF) might be involved in fraudulent activity. This is the first time the FCA has fined an audit firm.
PwC encountered significant issues throughout their 2016 audit of LCF. A senior individual at LCF acted aggressively towards auditors, and the firm provided PwC with inaccurate and misleading information. PwC found the audit very complex, and it took considerably longer to complete than anticipated. LCF’s actions, and PwC’s own work on the audit, led PwC to suspect that LCF might be involved in fraudulent activity. PwC was duty bound to report those suspicions to the FCA as soon as possible, but they failed to do so.
PwC eventually satisfied itself that LCF's 2016 accounts were accurate. Whether or not its suspicions remained, it still had an obligation to report its previous concerns to the FCA.
LCF went into administration in January 2019 after the FCA ordered the firm to withdraw misleading promotional material for the sale of mini-bonds. Thousands of investors were misled because they were not given the full picture about the risks of the product. The Serious Fraud Office has an open criminal investigation into the failure of LCF.
Therese Chambers, Joint Executive Director of Enforcement and Market Oversight at the FCA, said:
'Auditors have a central role to play in keeping our markets clean. They have privileged access to information and they are required by law to report suspicions of fraud to the FCA.
'There were a number of red flags that led PwC to suspect fraud. They should have acted on them immediately. Their failure to do so deprived the FCA of potentially vital information.'
Notes to editors
- Read the Final Notice 2024: PricewaterhouseCoopers LLP[1].
- Given the interest in this case, the FCA can confirm that this notice is the final outcome in connection to failures relating to LCF.
- This investigation was run in parallel with the recent investigations carried out by the Financial Reporting Council (FRC). The FRC published its findings[2] on 7 May 2024.
- The FCA has previously censured LCF[3] for its unfair and misleading financial promotions of mini-bonds.
- The FCA has previously fined and banned a former director of LCF[4] for unfair and misleading financial promotions of mini-bonds.
- The Financial Services Compensation Scheme (FSCS) has paid out £57.6 million to eligible bondholders who lost money when LCF collapsed. The Government has also paid £115 million to eligible bondholders through a 'one-off' scheme which is now closed. The work of LCF’s administrators to recover creditors' funds remains ongoing.
- Auditors can notify the FCA at [email protected].
- Find out more information about the FCA[5].