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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll