Failure to prevent fraud: what is the risk to overseas companies?

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Last month, the government released guidance on the new corporate criminal offence of failure to prevent (FTP) fraud. In the first of a series of related articles, we analysed what companies and their advisers need to know about this significant development. In the second instalment, we explained how ESG fraud is likely to be a key […]

Failure to prevent fraud: key insights from Nick Vamos on A Lawyer Talks

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The new offence of failure to prevent fraud comes into force on 1 September 2025 and the Serious Fraud Office (SFO) has warned that “time is running short for corporations to get their house in order or face criminal investigation”. The offence puts the responsibility onto companies to take steps to prevent the commission of […]

Rachel Cook

CPS offers no evidence following abuse of process application

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The Crown Prosecution Service (CPS) has offered no evidence against Peters & Peters’ client – a high-net-worth businessman – following an application to stay the case as an abuse of process. Arising out of a family dispute, our client, along with three others, was alleged to have committed a robbery in 2020. The allegation had […]

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New government guidance shows regulators are laser focused on ESG fraud

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Earlier this month, the government released guidance on the new corporate criminal offence of failure to prevent (FTP) fraud. In the first of a series of four articles, we analysed what companies and their advisers need to know about this significant development. In this second instalment, we explain how ESG fraud is likely to be […]

Peters & Peters

Mountains and molehills: does new government fraud guidance help companies tell the difference?

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Last week, the government released guidance on the new offence of failure to prevent (FTP) fraud. In the first of a series of four articles, we analyse what companies and their advisers need to know about this significant development. “Reasonable” and “proportionate”: these important terms form the basis of new government guidance on the fraud […]

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International Comparative Legal Guides: Business Crime 2025

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Neil Swift, James Tyler and Joseph Duggin have authored the England and Wales chapter in The International Comparative Legal Guide – Business Crime 2025, which is published by the Global Legal Group. This publication covers 18 jurisdictions and the England & Wales chapter deals with common issues in business crime, including: – general criminal law […]

Peters & Peters

The SFO must learn from past mistakes to address its biggest challenge: disclosure

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The Serious Fraud Office (SFO) has been grappling with well-documented disclosure issues for a while, with disclosure failings being linked to several acquittals in prosecutions that the agency brought in recent years. In this article for Global Investigations Review, Neil Swift and Fred Kelly argue that these failings are down to the SFO’s approach to […]

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Regulators failing to hold senior executives to account for economic crime, new analysis reveals

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Last month, Spotlight on Corruption published a review showing that senior executives at large British companies who engage in economic crime, financial wrongdoing or regulatory breaches almost never face any consequences. In this analysis for LexisNexis Corporate Crime expert, Julia Steinhardt reviews the key findings of the report and what she considers to be the […]

Economic crime — Reflections on 2023 and looking forward to 2024

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In this article for LexisNexis Corporate Crime expert, Diana Czugler and Joseph Duggin discuss key economic crime developments in 2023 and what to keep an eye on this year. One key development is the new failure to prevent fraud offence and expansion of corporate criminal liability for economic crimes and the impact this might have […]

Peters & Peters

What will the FCA do next?

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The Financial Conduct Authority has trumpeted its interventions work as a key factor in how it identifies and prevents harm in the marketplace. However, the impact of Enforcement investigations should not be discounted. In this article for Banking Risk & Regulation, James Tyler explores, among others, what the regulator’s plans are in respect of interventions, […]