Deferred Prosecution Agreements: SFO Enforcement Trends, FTPF Impact & Strategic Considerations

Introduction

With the introduction of the Failure to Prevent Fraud (‘FTPF’) offence and the continued evolution of corporate criminal liability under the Economic Crime and Corporate Transparency Act 2023, enforcement authorities are increasingly focused on corporate accountability and are recalibrating their approach to corporate investigations in 2026, with clearer signals on prosecutorial appetite and case progression priorities.

Deferred Prosecution Agreements (‘DPAs’) remain one of the most significant tools available to prosecutors, particularly the Serious Fraud Office (‘SFO’), to resolve complex corporate criminal investigations. After a period of relative inactivity (i.e. no DPAs entered into in 2024 or 2025), 2026 has already seen renewed momentum, driven by a shift in SFO leadership priorities, increased resourcing and a clearer appetite to progress stalled or dormant cases.

DPAs allow organisations to avoid prosecution by agreeing to stringent conditions, including financial penalties, compliance reforms and ongoing cooperation. However, the bar for obtaining a DPA remains high, with cooperation, self-reporting and demonstrable remediation continuing to be critical factors.

The introduction of the FTPF offence further increases risk exposure by imposing strict liability where fraud is committed for the organisation’s benefit. In this landscape, DPAs are likely to play an expanded role as corporates seek to mitigate prosecution risk while regulators pursue enforcement with greater leverage, earlier engagement and a more assertive stance on organisational failings and control weaknesses.

Understanding how DPAs are evolving and how organisations should respond strategically when facing potential corporate criminal liability has never been more important given the SFO’s renewed enforcement posture, the first wave of FTPF related investigations and the broader shift toward more assertive economic crime regulation in 2026 and beyond.

What You Will Learn

This webinar will cover the following:

• Current application of the DPA Regime in 2026: how recent SFO activity, leadership priorities and enforcement signals are reshaping the use of DPAs
• Updated pathways to a DPA including cooperation benchmarks, privilege considerations, internal investigation standards and early engagement expectations
• The impact of the Failure to Prevent Fraud offence
• 2026 enforcement trends and the resurgence of DPAs, including signals from recent SFO case activity
• Case studies: lessons from real DPAs
• When is a DPA not offered?
• Strategic considerations for organisations
• Looking ahead: the future of DPAs

This pre-recorded webinar will be available to view from Thursday 10th December 2026

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.