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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
The government has announced the establishment of an Independent Review of Disclosure and Fraud Offences (the Review), to be chaired by barrister Jonathan Fisher KC. This is another step towards fulfilling the plans set out earlier in 2023, when the Fraud Strategy was published.
Since our last update on the progress of the Economic Crime and Corporate Transparency Bill, Parliament has taken its summer break, and the British weather has been through all its seasons and back again.
But are we any closer to getting new corporate criminal offences on the statute books? The unavoidably non-committal answer is ‘yes and no’. In this article we chart the progress of the potential new failure to prevent fraud offence, but also the late introduction of amendments to extend the persons who can be the “directing mind and will” of a corporate body in order to establish corporate criminal liability.
Criminal litigation partner Ed Smyth looks at the government’s proposals to overhaul and renew the UK’s fraud reporting and response system.
For many individuals, losing hard-earned savings through fraud can be a life-changing event. It would be unrealistic to believe that fraud can ever be wiped out, but it is imperative that incidences are kept as low as possible to reduce the impact on the general public as well as industry and the public sector.
On 3 May 2023, the same day that the UK government’s long-awaited Fraud Strategy was published, the Home Office released a significant piece of research looking at incidents of fraud and corruption experienced by UK businesses between 2017 and 2020. A week later, on 11 May, UK Finance published its latest annual report focusing on payment industry fraud and its CEO labelled UK as “the fraud capital of the world”.
A recent special Fraud and Financial Crime report produced by Raconteur and published in The Times* included an article exploring why this year, 2023, “could prove to be a pivotal year for anti-fraud regulation”. The points to look out for included the significant changes to the criminal law which look set to be brought about by way of the Economic Crime and Corporate Transparency Bill (in particular the creation of at least one new ‘failure to prevent’ fraud offence), reforms to Companies House, enhanced transatlantic cooperation on the transfer of data, and plans to regulate the crypto sector.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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