header-logo header-logo

21 February 2025 / Michael Goodwin KC , Theo Burges
Issue: 8105 / Categories: Features , Fraud , Criminal
printer mail-detail

Preventing fraud: better together?

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

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll