The Enforcement function is responsible for reviewing the actions and where necessary conducting investigations of licence holders who have or are suspected of having committed serious compliance failures, serious misconduct or any other serious breaches the law. This function has a cross-sectorial enforcement role and covers all areas falling under the MFSA’s supervisory function. Furthermore, the Enforcement function investigates the actions of persons carrying on financial services activities without having the necessary licence or authorisation. The Enforcement function investigates also suspicious or dubious schemes and takes the appropriate action in such cases, including reporting suspicions of criminal activities to the Police and suspicions of money laundering and funding of terrorism to the FIAU.
The eventual appointee will work closely with the Head of Enforcement function. The Senior Legal Expert (Enforcement) will have a senior role in the legal review of enforcement actions, drafting of legal documents and where necessary the conduct of investigations of entities or persons who have or are suspected of undertaking financial services activity without a licence in breach of applicable laws, regulations, rules or other regulatory requirements.
The duties and responsibilities of the Senior Legal Expert (Enforcement) shall include:
- Act as a technical point of reference to the Enforcement team;
- Providing legal advice in relation to investigative and enforcement work;
- Reviewing and vetting of investigation reports, memoranda and correspondence;
- Investigation of licence holders and related enforcement action;
- Attending court and tribunal sittings as necessary;
- Preparation of reports to the police and attending meetings with the police;
- Coordination and cooperation with supervisory functions;
- Discussing investigative strategy with senior management;
- Collection of information, documentation and evidence;
- Attending meetings with licence holders and unauthorised persons under investigation;
- Conducting on-site investigation visits and surprise inspections;
- Analysing, assessing and discussing findings of investigations;
- Identifying breaches or wrongdoing;
- Consideration of representations received and discussing with senior management;
- Preparation of memoranda for submission to the MFSA decision making body;
- Following up on decisions of the MFSA decision making body;
- Investigation of unauthorised business and related enforcement action;
- Investigation of dubious and/or fraudulent activities or schemes;
- Investigation of financial crime and referral to the police; and
- Other duties and tasks as may be assigned.
We are looking for a warranted lawyer with a solid background in financial services.
You will also possess a minimum of eight (8) years experience working in the area of financial services/Legal area. Candidates with longer working experience relevant to the role will be preferred.
Jobsplus Reference No: 480/2020
MFSA – EU/025/2020