header-logo header-logo

Preventing fraud: better together?

21 February 2025 / Michael Goodwin KC , Theo Burges
Issue: 8105 / Categories: Features , Fraud , Criminal
printer mail-detail
208715
Michael Goodwin KC & Theo Burges explain how deferred prosecution agreements can be used in tandem with the new failure to prevent fraud offence
  • Key aspects of the new failure to prevent fraud (FTP) offence.
  • The core principles of the FTP government guidance.
  • Why the deferred prosecution agreements brand is likely to be expanded by and used in tandem with new FTP offence.

The long-awaited guidance on failure to prevent fraud (FPF) was published by the Home Office on 6 November 2024. The new law, which will come into effect on 1 September 2025, makes it an offence for an incorporated body to fail to prevent certain types of dishonesty and fraud-based conduct occurring while lacking adequate fraud prevention procedures being in place.

In and of itself, this represents another weapon in the arsenal of prosecuting authorities, particularly the Serious Fraud Office (SFO). But the spectre of the likely interaction between FPF and deferred prosecution agreements (DPAs) also looms for corporates. This article aims to

To access this full article please fill the form below.
All fields are mandatory unless marked as 'Optional'.
If you already a subscriber to New Law Journal, please login here

MOVERS & SHAKERS

Laytons ETL—Scott Hilton & Simon Jones

Laytons ETL—Scott Hilton & Simon Jones

City firm launches real estate corporate team to meet growing client demand

Talbots Law—Clare Regan & Lucy George

Talbots Law—Clare Regan & Lucy George

Midlands firm appoints head of real estate development

Charles Russell Speechlys—Libby Elliott

Charles Russell Speechlys—Libby Elliott

Corporate, restructuring and insolvency offering grows with partner hire

NEWS
Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged
The Legal Services Board (LSB) has launched a post-Mazur regulatory review into litigation rights, and is fast-tracking an application from CILEX
The Court of Appeal has upheld the principle of core immunity for advocates, in an important judgment
The Bars, Faculty of Advocates and law societies of England and Wales, Scotland and Northern Ireland have come together to accuse politicians of putting lawyers at risk through their use of ‘irresponsible and dangerous’ language
The beleaguered TA6 property form has been re-released after almost a year of tests with a working group of residential conveyancers
back-to-top-scroll