The new corporate offence of failure to prevent fraud, created in the Economic Crime and Corporate Transparency Act 2023 (ECCTA), comes into force in the UK on 1st September 2025.
It makes 'large organisations' (companies and partnerships) and their subsidiaries liable for 'fraud offences' committed in the UK by their 'associates' in certain circumstances, subject to a defence of 'reasonable procedures'.
In this webinar we will discuss:
How we got here. How corporate crime in the UK was changed by the Bribery Act, the advent of Deferred Prosecution Agreements (DPAs), and the recommendations of the Law Commission.
The new offence in context, including how it will interact with other changes to corporate liability in ECCTA (and in the pipeline), regulatory offences, tax investigations, and money laundering.
How the new law will work. Which organisations will be liable? Which offences are 'fraud offences'? Who will be 'associates'? When will the defence apply? How does the published guidance help?
Practical tips for designing procedures and for mitigating the risks arising from a criminal investigation, DPA, or prosecution. How does the new offence affect the strategy for internal investigations, self-reporting, and dealing with 'associates' under suspicion?
Predictions for how the new offence will be used in practice, what the first cases will look like, and how the offence may evolve.
