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
11/27/2024
/ Acquisitions ,
Corporate Crimes ,
Corporate Governance ,
Due Diligence ,
Fraud ,
Fraud Prevention ,
Mergers ,
New Guidance ,
Risk Assessment ,
Risk Management ,
UK ,
White Collar Crimes
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
We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said....more
1/26/2024
/ Analytics ,
Anti-Corruption ,
Attorney-Client Privilege ,
Causation ,
China ,
Compliance ,
Confidential Documents ,
Data Collection ,
Department of Justice (DOJ) ,
Due Diligence ,
EU ,
Financial Crimes ,
Fraud ,
Internal Investigations ,
Investigations ,
Modern Slavery Act ,
Money Laundering ,
Net Zero ,
New Legislation ,
New Rules ,
NGOs ,
Policies and Procedures ,
Popular ,
Proposed Legislation ,
Retaliation ,
Sustainability ,
UK ,
Whistleblowers ,
White Collar Crimes
The UK government is already proposing further expansion to the basis on which companies can be fixed with criminal liability.
The Economic Crime and Corporate Transparency Act 2023 (ECCTA), passed in October, significantly...more
12/6/2023
/ Corporate Crimes ,
Corporate Entities ,
Corporate Governance ,
Corporate Transparency Act ,
Criminal Liability ,
Financial Crimes ,
Fraud ,
Investigations ,
Regulatory Agenda ,
Small and Medium-Sized Enterprises (SMEs) ,
UK
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
Last Friday the UK Law Commission published its long awaited ‘options paper’ on corporate criminal liability reform. While the lengthy report (and criticisms already being directed at it) will need to be digested further, we...more