“Are Firms Prepared for the Failure to Prevent Fraud Offence?” Law.com International
Publications
September 8, 2025
In an article for Law.com International, London Partners Lucy Blake and Robert Dalling, and Associate André Nwadikwa, analyze the UK’s new ‘Failure to Prevent Fraud’ offence, introduced by the Economic Crime and Corporate Transparency Act (ECCTA), which took effect September 1 and represents a decisive shift in corporate criminal liability.
The authors explain how the legislation has extraterritorial reach and covers a broad spectrum of offenses from mis-selling to greenwashing, requiring organizations to shift from reactive responses to proactive prevention with documented evidence. They emphasize the compliance challenges facing multinational corporations, particularly in managing sprawling supply chains and conducting comprehensive risk assessments across employees, subsidiaries, and third-party service providers.
The authors also highlight how the Serious Fraud Office (SFO) and the Crown Prosecution Service (CPS) jointly released updated corporate prosecution guidance, reinforcing the message that failing to implement adequate fraud prevention measures could carry severe consequences.
“The Failure to Prevent Fraud offence represents a turning point in corporate criminal law. For firms, the risks are significant, but so is the opportunity to demonstrate integrity and resilience,” the authors write. “The key question will not be whether fraud exists somewhere in the organisation’s ecosystem, but whether the company can prove it did enough to prevent it.”
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
September 8, 2025
In an article for Law.com International, London Partners Lucy Blake and Robert Dalling, and Associate André Nwadikwa, analyze the UK’s new ‘Failure to Prevent Fraud’ offence, introduced by the Economic Crime and Corporate Transparency Act (ECCTA), which took effect September 1 and represents a decisive shift in corporate criminal liability.
The authors explain how the legislation has extraterritorial reach and covers a broad spectrum of offenses from mis-selling to greenwashing, requiring organizations to shift from reactive responses to proactive prevention with documented evidence. They emphasize the compliance challenges facing multinational corporations, particularly in managing sprawling supply chains and conducting comprehensive risk assessments across employees, subsidiaries, and third-party service providers.
The authors also highlight how the Serious Fraud Office (SFO) and the Crown Prosecution Service (CPS) jointly released updated corporate prosecution guidance, reinforcing the message that failing to implement adequate fraud prevention measures could carry severe consequences.
“The Failure to Prevent Fraud offence represents a turning point in corporate criminal law. For firms, the risks are significant, but so is the opportunity to demonstrate integrity and resilience,” the authors write. “The key question will not be whether fraud exists somewhere in the organisation’s ecosystem, but whether the company can prove it did enough to prevent it.”
Related Attorneys
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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