News & Analysis as of

United Kingdom Fraud Failure to Prevent

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

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

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

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

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

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

Ankura

Enhancing Corporate Fraud Prevention: Guidance on the Failure to Prevent Fraud Offence

Ankura on

The final UK Government guidance on failure to prevent fraud has now been published Economic Crime and Corporate Transparency Act 2023: Guidance to organisations on the offence of failure to prevent fraud (accessible version)...more

BCLP

Fighting Fraud: Where Does the Responsibility to Protect Consumers Lie?

BCLP on

Fraud now accounts for 40% of crime in England and Wales. However, in this era of strained public finances, and the often international dimension to consumer fraud, the Government’s approach has often been to look to the...more

WilmerHale

UK Government Publishes Guidance on New Failure to Prevent Fraud Offence

WilmerHale on

On 6 November 2024, the UK Government published the much-anticipated guidance on the new corporate offence of failure to prevent fraud (the “Guidance”). The failure to prevent fraud offence forms part of a huge shift in the...more

Jones Day

Failure-to-Prevent-Fraud Offense: UK Government Publishes Guidance on Required Policies

Jones Day on

The UK Government has published much-anticipated guidance (the "Guidance­") on the new corporate offense of failure to prevent fraud (introduced under the Economic Crime and Corporate Transparency Act 2023 ("ECCTA")), which...more

Mayer Brown

UK Corporate Criminal Liability: Guidance issued on New Failure to Prevent Fraud Offence

Mayer Brown on

INTRODUCTION - On 26 October 2023, the UK Economic Crime and Corporate Transparency Act 2023 (the "Act") received royal assent and became law. The Act introduces a new strict liability corporate criminal offence of failure...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

Skadden, Arps, Slate, Meagher & Flom LLP

New ‘Failure To Prevent Fraud’ Offence Expected To Come Into Force in the UK Shortly

The UK government introduced a major overhaul of its framework for addressing financial crime — and brought into force numerous significant changes — when the Economic Crime and Corporate Transparency Act 2023 (the Act)...more

Hogan Lovells

Reforming the legal test for Corporate Criminal Liability in England – a panacea or a placebo?

Hogan Lovells on

It’s certainly true that the UK criminal authorities have been crying out for a shot in the arm in the form of legislative reform, but will changing the law really help the Serious Fraud Office ("SFO") achieve more corporate...more

Katten Muchin Rosenman LLP

Fraud, Reform and the Registrar: Economic Crime and Corporate Transparency Act 2023

A year and a half after the Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent, the Economic Crime and Corporate Transparency Act 2023 (Act) came into law on 26 October 2023. Although the Act does...more

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