Failure to Prevent Offences Update - Compliance, Enforcement & Corporate Risk

Introduction

Fraud accounts for over 40% of reported crime in the UK, making economic crime a key enforcement priority for businesses and enforcement agencies alike. The UK's corporate criminal liability regime has evolved significantly in recent years with the introduction of the offence of failure to prevent fraud under the Economic Crime and Corporate Transparency Act 2023, alongside the existing failure to prevent offences relating to bribery and the facilitation of tax evasion.

Recent and significant enforcement action, including the £10 million Deferred Prosecution Agreement entered into by Ultra Electronics Holdings Ltd for failing to prevent bribery and the substantial financial penalties imposed on Glencore Energy (UK) Ltd, demonstrates the continued willingness of UK prosecutors to pursue corporate criminal liability where organisations fail to implement effective compliance procedures. These cases reinforce the importance of effective governance, proportionate prevention procedures and a strong culture of compliance.

This new practical virtual classroom seminar examines the development of the UK's failure to prevent offences and explains how they apply to organisations, including the actions of employees, contractors and other associated persons. It will also consider recent enforcement developments, emerging best practice and the practical implications for organisations seeking to strengthen their compliance frameworks.

Delegates will gain a clear understanding of the legal framework, government guidance and the practical steps needed to identify and mitigate risk, implement proportionate prevention procedures and reduce the likelihood of corporate criminal liability.

It is ideal for compliance professionals, finance directors, in-house counsel and corporate lawyers.

What You Will Learn

This live and interactive session will cover the following:

• The evolution of the UK's failure to prevent offences
• The concept of corporate liability and the failure to prevent framework
• Failure to prevent bribery under the Bribery Act 2010
• Failure to prevent the facilitation of tax evasion under the Criminal Finances Act 2017
• Failure to prevent fraud under the Economic Crime and Corporate Transparency Act 2023
• Government guidance and the six guiding principles for establishing reasonable prevention procedures
• Developing effective policies, controls and procedures to establish a statutory defence
• The evolution of the identification doctrine and its impact on corporate criminal liability
• Recent and significant enforcement developments, case studies and practical lessons for organisations

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.