header-logo header-logo

21 March 2025 / Richard Reichman
Issue: 8109 / Categories: Features , Procedure & practice , ESG
printer mail-detail

ESG & failure to prevent fraud

211934
In the era of greenwashing, Richard Reichman examines new guidance that highlights the overlap between fraud & ESG risks
  • Explains how the failure to prevent fraud offence overlaps with ESG failings. For example, a breach of environmental regulations is an environmental fraud if false representations are made.
  • Companies should assess their fraud risks and develop appropriate measures.

The recently published guidance on the new failure to prevent fraud offence contains a striking focus on the overlap with regulatory offences, such as environmental, social, and governance (ESG) failings. This reflects a trend of regulatory failings being treated increasingly seriously and highlights the growing level of risk for corporates.

The past decade has seen a steep increase in the penalties for regulatory offences, such as safety and environmental breaches. Regulators have also increasingly considered fraud offences in conjunction with regulatory offences, with high-profile examples in areas such as environmental compliance, food safety and building safety.

This overlap exists because there is often a financial element to regulatory offences. For

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll