Companies in the US and around the world should consider their potential for UK exposure and assess their compliance programmes in light of that risk.
On 1 September 2025, the UK will implement a new corporate criminal offence known as “failure to prevent fraud” (FTPF). Under FTPF, organisations may be criminally liable for fraud committed by their associated persons, if the fraud was committed for the organisation’s benefit. This will require a shift for companies whose compliance programmes may have focused historically on prevention of inwards fraud (where the company is a victim) rather than outwards fraud (where the company will benefit). The offence is intended to have broad jurisdictional reach and cover conduct outside the UK, so UK authorities may seek to apply it broadly to companies in the US and around the world.
Please see full publication below for more information.
