The only recent success for the agency in the arena of financial crime was the conviction of Tom Hayes, a UBS trader. Hayes, who maintains his innocence, received an 11-year sentence.
Ben Rose, white-collar crime expert and co-founder at law firm Hickman & Rose, said the SFO had been spooked by its failure at the trial in January.
Tuesday’s decision, he added, “suggests that the SFO is losing its appetite for risk and the Hayes verdict may be the high water mark for these prosecutions”.
But the dropping of the SFO’s criminal case does not end the prospect of further sanctions against individuals.
The FCA could consider a civil prosecution involving a lower standard of proof, potentially landing forex-riggers with fines and bans.
The SFO is also assisting the US Department of Justice’s criminal investigation into what attorney-general Loretta Lynch labelled a “brazen display of collusion”.