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

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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