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21 February 2025 / Michael Goodwin KC , Theo Burges
Issue: 8105 / Categories: Features , Fraud , Criminal
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Preventing fraud: better together?

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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

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

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The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
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An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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