News & Analysis as of

Fraud Prevention United Kingdom

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

Cooley LLP

New UK Corporate Fraud Offence Takes Effect Soon: Prepare Your Business for Compliance

Cooley LLP on

The UK will introduce a new corporate offence of ‘failing to prevent fraud’ on 1 September 2025. The new law will make it much easier for the leading UK enforcement agencies to successfully prosecute large companies where...more

Hogan Lovells

The SFO’s prevention partnership with UK PLC: Balancing collaboration and enforcement

Hogan Lovells on

The Serious Fraud Office’s evolving approach to corporate engagement took another step forward this month. On 12 June 2025, speaking at a London conference, the SFO’s Chief Investigator Michael Gallagher provided the...more

Ankura

Beyond Internal Controls: The Importance of Culture in “Failure to Prevent Fraud” Preparation

Ankura on

The Failure to Prevent Fraud (FTPF) offence will officially come into force as part of the Economic Crime and Corporate Transparency Act in September 2025. In a previous article, we explored the government’s guidance around...more

American Conference Institute (ACI)

SFO’s Enforcement Strategy Focuses on Corporate Liability

The U.K. Serious Fraud Office has a lot going for it right now: a director hellbent on tackling complex fraud, bribery, and corruption, an enhanced budget, new partnerships to tackle international bribery and corruption...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

A&O Shearman

Practical tips for large organisations to ensure reasonable procedures to prevent fraud are in place

A&O Shearman on

We distil key practical takeaways from the UK Government’s official guidance on the corporate criminal offence of failure to prevent fraud (the Guidance). Businesses and compliance teams will be working to review and...more

King & Spalding

The ‘Failure to Prevent Fraud’ Offence: A Phased Approach to Implementing Effective Fraud Prevention Procedures

King & Spalding on

The Economic Crime and Corporate Transparency Act 2023 (the “ECCTA”) introduced a corporate ‘failure to prevent fraud’ offence providing that ‘large’ organisations may be held criminally liable if an ‘associate’ (such as an...more

A&O Shearman

New UK guidance on failure to prevent fraud - what does it tell businesses about how the offence will apply?

A&O Shearman on

The UK Government has finally published its official guidance on the corporate criminal offence of failure to prevent fraud (the Guidance). The offence will come into force on 1 September 2025. By then, businesses that fall...more

K&L Gates LLP

Guidance to Organisations on the Offence of Failure to Prevent Fraud

K&L Gates LLP on

On 6 November 2024, the government released its much-anticipated guidance on the offence of failure to prevent fraud (the Guidance), as introduced by the Economic Crime and Corporate Transparency Act 2023 (the Act)....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Government Publishes Guidance on the New ‘Failure to Prevent Fraud’ Offence

On 6 November 2024, the UK government published its guidance on the new ‘failure to prevent fraud’ offence, which was introduced in the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023).1 We covered the details...more

Latham & Watkins LLP

UK Government Publishes Guidance on “Failure to Prevent Fraud” Offence

Latham & Watkins LLP on

Guidance clarifies the implementation date, scope, and application of landmark new corporate offence, and provides suggestions for fraud-prevention procedures. On 6 November 2024, the UK Home Office published...more

Morrison & Foerster LLP

UK Government Publishes Guidance for Companies on the New Failure to Prevent Fraud Offence

Headlines - •The UK government has published its guidance on the new Failure to Prevent Fraud offence which will come into effect on 1 September 2025. •Similar to the UK Bribery Act, the provisions introduced by the Economic...more

Guidepost Solutions LLC

Why Corporate Accountability for Criminal Behavior Makes Due Diligence More Crucial Than Ever

The U.K. Economic Crime and Corporate Transparency Act 2023 (“the Act”), passed in October 2023, strengthens the U.K. Government’s efforts to compel companies to weed out fraud, corruption, and other criminal activity. The...more

Cooley LLP

Are You Really Prepared to Prevent Fraud?

Cooley LLP on

In a landmark day for regulatory authorities in the United Kingdom, the Economic Crime and Corporate Transparency Act came into force on 26 October 2023. The act will have a material impact on the manner in which the...more

StoneTurn

Can Understanding Insider Risk Help to Prevent Fraud?

StoneTurn on

The UK government is moving towards introducing a new corporate criminal offence: Failure to Prevent Fraud and Money Laundering. The draft offence, contained in the Economic Crime and Corporate Transparency Bill, would hold...more

K2 Integrity

The New Corporate Offense of Failing to Prevent Fraud: A Game Changer, or Only Part of the Answer?

K2 Integrity on

The Economic Crime and Corporate Transparency Bill is to introduce new powers for UK authorities to prosecute organizations for failing to prevent fraud committed by their agents, or employees. Championed as a “game changer”...more

Hogan Lovells

UK Government to Introduce Long-Anticipated “Failure to Prevent Fraud” Offence

Hogan Lovells on

On 11 April 2023, the UK Government announced the introduction of a new corporate “failure to prevent fraud” offence, which will be brought into legislation through the Economic Crime and Corporate Transparency Bill (the...more

A&O Shearman

UK Payment Systems Regulator Publishes Policy Statement on Confirmation of Payee Requirements

A&O Shearman on

The U.K. Payment Systems Regulator has published a policy statement setting out its final decision on varying Specific Direction 10, which requires payment service providers to implement the Confirmation of Payee system by...more

A&O Shearman

UK Proposals for Confirmation of Payee Exemptions

A&O Shearman on

The U.K. Payment Systems Regulator has opened a consultation on proposals to vary its Specific Direction 10 on Confirmation of Payee. Confirmation of Payee is a system that ensures that certain identifiers (including name,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"'Failure to Prevent': The Implications for Global Financial Institutions"

The U.K. government is set to introduce a new corporate criminal offence, based on the strict liability of the entity in question. It almost certainly will come into force in 2017, once the Criminal Finances Bill (Bill) is...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The New UK Corporate Offence of 'Failure to Prevent the Facilitation of Tax Evasion': Implications for Fund Managers and...

The U.K. government expands its crackdown on tax evaders and the persons who assist them, by targeting businesses who fail to prevent tax evasion....more

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