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21 February 2025 / Michael Goodwin KC , Theo Burges
Issue: 8105 / Categories: Features , Fraud , Criminal
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Preventing fraud: better together?

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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 explore why FPF is well-suited for the application of DPAs.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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