Tackling Coronavirus-Related Cyber Crime: Is the FCA Doing Enough?

On Thursday 12 March, the Financial Conduct Authority (FCA) published a notice* on its website warning investors to avoid Coronavirus-related cryptocurrency schemes that may be too good to be true. The organisation went on to alert readers of illegal schemes that could take many forms, ranging from insurance policies and pension transfers through to high-return investments.

It would be hard to argue against the FCA taking such a step, yet that appears to be the sum total of its response to COVID-19 and all the havoc realised by the pandemic. While the FCA has issued this stark warning - which, perhaps, it should be given credit for - the organisation does not appear to have done anything more. A glance at its website at the time of writing shows the FCA emphasising that it's closely monitoring the Coronavirus situation and making clear it stands ready to take any steps necessary to ensure that customers are protected and that markets continue to function well.

The FCA has added a great deal of information with a Coronavirus slant to its website, much of which may well be of use to those looking for guidance. However, it's worth noting that, to date, the FCA has not made any announcement in relation to active investigations.

This is surprising when you compare the activities taking place in the United States. A brief look across the Atlantic shows that the US’ Department of Justice has already announced that it has disrupted hundreds of different domains that were being used for illegal activities exploiting the COVID-19 pandemic. One such activity was the seizing of “Coronaprevention.org”; with the Department of Justice and the Department for Homeland Security alleging its owner tried to sell the domain name for bitcoin to individuals he believed wanted to use it to sell fake COVID-19 testing kits. The individuals involved were actually undercover officers.

Lack of activity

Such action appears in stark contrast to the levels - or lack - of activity we have seen here in the UK. On 25 April, Action Fraud UK used Twitter to concede that Coronavirus-related scams are on the rise. Activities ranging from online shopping fraud through to fake charity and bank e-mails designed to obtain personal data are, according to Action Fraud, flourishing in the climate that has been created by lockdown.

Action Fraud UK is not shy when it comes to giving advice. Like the FCA, it is happy to administer advice to those who need it, but advice is only part of the required response. Where is the action that needs to be taken against the opportunists looking to make illegal gains out of an international crisis?

We are living through unprecedented times. There may be those who would excuse the lack of activity by the FCA (and, possibly, other organisations) on the grounds of this being a situation that none of us have ever been in before, but it appears that the US has, at the very least, started taking great strides to take on those exploiting the pandemic.

Exactly what results those strides achieve when it comes to prosecutions and/or preventing any further such virus-related financial crime remains to be seen. At least those strides are being made. In the UK, it is hard to find evidence of even the smallest steps forward being taken.

If, as I mentioned earlier, the true strength of an organisation is how it reacts when faced with a real test, then the FCA needs to start taking active steps now as opposed to dealing with matters after the event.

Syedur Rahman is Legal Director at Rahman Ravelli