News & Analysis as of

Failure to Prevent

Jones Day

The UK Economic Crime and Corporate Transparency Act 2023: Why Private Equity Sponsors Should Be Paying Attention

Jones Day on

When Nick Ephgrave QPM, director of the Serious Fraud Office, addressed a group of corporate leaders at Jones Day’s London Office in May 2025 about the UK’s Economic Crime and Corporate Transparency Act 2023 (“ECCTA” or “the...more

Mayer Brown

Eye on Economic Crime: New Strict Liability Corporate Criminal Offence of Failure to Prevent Fraud Comes Into Effect

Mayer Brown on

1 September 2025 marks the day that the new strict liability corporate criminal offence of failure to prevent fraud comes into effect. From today onwards, corporate entities can be held criminally liable for failing to...more

A&O Shearman

Understanding Dishonesty at the Dawn of the New UK Failure to Prevent Fraud Offence

A&O Shearman on

Anti-fraud measures are assuming a new level of significance for many large businesses with a UK nexus. The new failure to prevent fraud offence comes into force in the UK today. It means that a large business can be...more

Mayer Brown

Eye on Economic Crime: HMRC Brings Forward First Corporate Prosecution Under Failure to Prevent Tax Evasion Offence

Mayer Brown on

On 11 August 2025, HM Revenue & Customs ("HMRC") initiated its first corporate prosecution under the failure to prevent the facilitation of tax evasion offence, which was introduced by the Criminal Finances Act 2017.  Bennett...more

K&L Gates LLP

UK CPS and SFO Issue Updated Corporate Prosecution Guidance: What Corporates Need to Know

K&L Gates LLP on

The Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO) have jointly updated their Corporate Prosecutions Guidance (the Guidance), providing clarification on their expectations for organisations in relation to...more

White & Case LLP

The Paper Tiger Finally Roars: HMRC Takes Action on the Facilitation of Tax Evasion

White & Case LLP on

New failure to prevent facilitation of tax evasion offences were introduced into UK law in September 2017 and cover both domestic and overseas tax evasion. The offences were brought into law to make it easier for UK...more

Ropes & Gray LLP

UK Authorities Revamp Joint Corporate Prosecution Guidance

Ropes & Gray LLP on

On 18 August 2025, the UK’s Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO) announced the updated version of the joint guidance in relation to the prosecution of corporate entities (the “Guidance”). The...more

WilmerHale

UK Failure to Prevent Fraud Offence to Come into Force - Is Your Organisation Prepared?

WilmerHale on

The new strict liability corporate criminal offence of Failure to Prevent Fraud (FTPF) comes into effect in England and Wales on 1 September 2025. ...more

Ankura

Navigating Fraud in Insolvent Companies: Lessons for the UK

Ankura on

In an ever-evolving UK economy, insolvency is a challenging, yet sometimes inevitable, aspect of business operations. When insolvency is caused by fraud, the repercussions can be severe, impacting employees, creditors, and...more

NAVEX

[Webinar] ECCTA Compliance - Prepare Your People With Confidence - August 26th, 2:00 am PDT

NAVEX on

Join us for a timely and practical session on how organizations can begin preparing for ECCTA now – and how our new ECCTA compliance training supports core regulation elements, from top-level commitment to monitoring and...more

Thomas Fox - Compliance Evangelist

Data Driven Compliance: The Failure to Prevent Fraud Offense: Insights for US General Counsels with Mike DeBernardis

Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the...more

Hogan Lovells

CPS and SFO publish joint corporate prosecutions guidance – what it means for UK corporates

Hogan Lovells on

The Crown Prosecution Service (CPS) and Serious Fraud Office (SFO) have overhauled their Corporate Prosecutions guidance – clarifying how prosecutors will handle charges, forum and case strategy going forward. The previous...more

Thomas Fox - Compliance Evangelist

Data Driven Compliance – James Tillen on the Importance of Cross-Functional Collaboration in Complying with the FTPF Offense

Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the...more

Hogan Lovells

HMRC brings first prosecution under failure to prevent facilitation of tax evasion laws

Hogan Lovells on

HMRC has reportedly brought its first-ever corporate prosecution under the failure to prevent the facilitation of tax evasion offence, almost eight years after the legislation was introduced in the Criminal Finances Act 2017....more

Thomas Fox - Compliance Evangelist

Everything Compliance: Episode 158, The No to Corruption in Ukraine Edition

Welcome to this edition of award-winning Everything Compliance. In this episode, we have the quartet of Matt Kelly, Jonathan Marks, and Jonathan Armstrong, with Tom Fox, the Compliance Evangelist, sitting in as both host and...more

Hogan Lovells

Exclusion in Practice: Connected and Associated Persons under the Procurement Act 2023

Hogan Lovells on

In our first article in this series, we explored the expanded mandatory and discretionary exclusion grounds under the Procurement Act 2023 (the "Act"). The Act doesn't just expand the grounds for exclusion. It also changes...more

Thomas Fox - Compliance Evangelist

Data Driven Compliance: Understanding the UK’s New Failure to Prevent Fraud Offense with Sam Tate

Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the...more

Pillsbury Winthrop Shaw Pittman LLP

New UK Corporate Offense of “Failure to Prevent Fraud” Under Economic Crime and Corporate Transparency Act 2023: What Companies...

On September 1, the new Failure to Prevent Fraud offense will come into force, which has extraterritorial effect and significantly expands corporate liability for nine types of fraud committed by associated persons. The UK...more

Goodwin

The UK’s Failure to Prevent Fraud Offence: Private Fund Managers, Portfolio Companies, and Placement Agents

Goodwin on

In a previous alert titled “UK Limited Partnership Reform Becomes Law: A Practical Guide of How Best to Get Ready to Comply,” we discussed the changes to limited partnership law ushered in by the Economic Crime and Corporate...more

American Conference Institute (ACI)

[Event] Fraud, Asset Tracing & Recovery - September 29th - 30th, Miami Beach, FL

For over a decade, ACI & C5’s Fraud, Asset Tracing & Recovery Miami has brought together an international community of top fraud litigators, asset recovery specialists, insolvency experts, in-house counsel, litigation...more

American Conference Institute (ACI)

[Event] International Conference on Anti-Corruption - June 17th - 18th, London, United Kingdom

Cross-jurisdiction cooperation in the fight against international corruption and bribery is intensifying. The UK’s Serious Fraud Office (SFO), France’s National Financial Prosecutor’s Office (PNF), and Switzerland’s Office of...more

Womble Bond Dickinson

The UK's Failure to Prevent Fraud Offense

Womble Bond Dickinson on

Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability...more

Ropes & Gray LLP

[Podcast] Getting Your Head Around the UK’s New (and Globally Relevant) “Failure to Prevent Fraud” Offence

Ropes & Gray LLP on

On this Ropes & Gray podcast, join Amanda Raad, co-head of the firm’s global anti-corruption and international risk and crisis management & investigations practices, Nitish Upadhyaya, director of behavioral insights at the...more

Jenner & Block

Client Alert: The Case for Compliance: The SFO Gives Businesses More Reasons to Continue Investing in Their Compliance Programs

Jenner & Block on

In our client alert, “The Case for Compliance: Why UK and EU Businesses Should Continue to Invest in Their Compliance Programs”, we highlighted seven reasons why, despite the US’ pause on bribery enforcement under the Foreign...more

Latham & Watkins LLP

Top Tips for Global Companies Preparing for the UK’s New “Failure to Prevent Fraud” Offence

Latham & Watkins LLP on

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...more

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