Where a criminal offence requires proof of a specific mental state, or ‘mens rea’ (such as intent, recklessness or dishonesty), previously a company could only be found guilty if an individual who represented the company’s...more
The Economic Crime and Corporate Transparency Act 2023 was granted Royal Assent on 26 October 2023. It contains a new ‘failure to prevent fraud’ corporate criminal offence which will render large companies liable for fraud...more
10/26/2023
/ Corporate Crimes ,
Corporate Entities ,
Corporate Governance ,
Corporate Transparency Act ,
Enforcement Actions ,
Failure to Prevent ,
Financial Crimes ,
Fraud ,
Investigations ,
Popular ,
Regulatory Agenda ,
UK ,
UK Bribery Act ,
White Collar Crimes
A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more
9/13/2023
/ Board of Directors ,
Corporate Crimes ,
Corporate Governance ,
Corporate Investigations ,
Corporate Officers ,
Criminal Liability ,
Enforcement Actions ,
Extraterritoriality Rules ,
Failure to Prevent ,
Fraud ,
Legislative Agendas ,
Proposed Legislation ,
Shareholders ,
UK ,
UK Bribery Act ,
UK Corporate Criminal Offense ,
White Collar Crimes
A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more
9/6/2023
/ Board of Directors ,
Corporate Crimes ,
Corporate Governance ,
Corporate Investigations ,
Corporate Officers ,
Criminal Liability ,
Enforcement Actions ,
Extraterritoriality Rules ,
Failure to Prevent ,
Fraud ,
Legislative Agendas ,
Proposed Legislation ,
Shareholders ,
UK ,
UK Bribery Act ,
UK Corporate Criminal Offense ,
White Collar Crimes
The UK Government has published a draft ‘failure to prevent fraud’ corporate criminal offence rendering large companies liable for fraud committed by their associates. We consider the draft offence and implications for...more
Following an intense and lengthy period of speculation, on 8 February 2023 the UK Government confirmed the introduction of a new “failure to prevent” corporate criminal offence. The new offence will be introduced by way of...more
In the House of Lords yesterday evening the Government confirmed that it intends to propose a new ‘failure to prevent’ corporate criminal offence to be inserted into the Economic Crime Bill. We consider the backdrop to this...more
The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of two new corporate criminal...more
The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of two new corporate criminal...more