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Fail to prevent, prepare to fail

28 April 2023 / Abigail Rushton , Rhys Novak
Issue: 8022 / Categories: Features , Fraud , Criminal , Governance
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The new ‘failure to prevent’ fraud criminal offence: Abigail Rushton & Rhys Novak set out the steps corporate bodies should be taking now to prepare
  • The government has confirmed a new failure to prevent fraud criminal offence. Large corporate bodies doing business in the UK and those working for it will be caught by the new legislation.
  • Prosecutors will only have to show a lack of reasonable procedures in place to prevent the offences.
  • Large corporate bodies should start preparing now by: assessing and managing risk; reviewing and implementing fraud prevention and detection measures; and confirming their response strategy.

Assuming it makes it onto the statute book, the Economic Crime and Corporate Transparency Bill 2022-2023 (the Bill) is set to be one of the biggest changes to laws tackling economic crime in over a decade. Businesses faced with issues of fraud and false accounting would do well to keep an eye on its progress and start planning now for its entry into force.

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
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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