With the corporate criminal offence of failure to prevent fraud (FTP fraud) under the Economic Crime and Corporate Transparency Act 2023 taking effect from 1 September 2025, organisations face heightened risks of liability if associated persons engage in fraudulent conduct for their benefit.
BCL Partner, John Binns and Legal Assistant, April O’Neill have prepared a practical checklist outlining the key issues companies and advisers should consider when undertaking an internal investigation into suspected breaches. It addresses:
- Initial oversight and governance considerations;
- Whistleblowing and internal reporting procedures;
- Initiating and structuring investigations;
- Preserving legal professional privilege;
- Data protection and evidence gathering;
- Engagement with regulators and other stakeholders; and
- Remedial steps and lessons learned.
The checklist highlights the importance of proactive governance, robust compliance frameworks, and careful handling of privilege and self-reporting obligations.
Read the full article here (£).
More like this
Gender Diverse Boards May Reduce Corporate Fraud Risk – Anoushka Warlow & Suzanne Gallagher write for Law360
BCL’s Anoushka Warlow and Suzanne Gallagher write for Law360 examining the impact of diversity at senior management and board level