The ‘long-awaited’ Home Office guidance on failure to prevent fraud (FPF) is now available and the new law will come into effect in September. In this week’s NLJ, Michael Goodwin KC and Theo Burges, third-six pupil barrister, Red Lion Chambers, write that ‘the spectre of the likely interaction between FPF and deferred prosecution agreements (DPAs) also looms for corporates’.
In this article, they explore why failure to prevent fraud is well-suited for the application of DPAs. Goodwin and Burges examine key aspects of FPF, draw lessons from the implementation of previous DPAs, and consider why DPAs and FPF ‘are likely to be used in tandem’. One of the aims of the legislation, as they write, is ‘to promote a proactive approach to fraud prevention’.
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