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A leap forward in corporate liability: failure to prevent economic crime offence

01 April 2022 / Daniel Martin , Anita Clifford , Michael Goodwin KC
Issue: 7973 / Categories: Features , Criminal
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  • Looks at mounting support for the introduction of a failure to prevent economic crime offence.
  • It would represent a considerable expansion on the ‘identification doctrine’.
  • Would the broad scope of the new offence be matched by an increase in resources at the Serious Fraud Office?

Recent events in Ukraine and growing concern, both in government and among the general public, about illicit wealth in the UK have significantly increased the likelihood of a new failure to prevent economic crime offence being introduced. If this much talked about development does happen, then the offence poses big implications for businesses in all sectors.

The legislation

The new Economic Crime (Transparency and Enforcement) Act received Royal Assent in the early hours of 15 March 2022, following an unusually rapid passage through Parliament. This new Act does not contain provisions for a failure to prevent offence and focuses instead on the introduction of a new register requiring anonymous owners of UK property

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NEWS
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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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