‘Failure to prevent’ fraud offence could be an easy political win for Theresa May

The Ministry of Justice has issued a consultation today on potential reform of corporate liability for economic crime, which has raised some concern that the government is continuing to ‘march criminal law into the business sphere’.

The latest MoJ consultation paper suggests a number of potential options for reform, but favours an extension of the ‘failure to prevent’ model already adopted for bribery and tax evasion, which the ministry says has ‘some clear advantages’.

Elly Proudlock, counsel in WilmerHale’s inves...

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