Herbert Smith Freehills’ Corporate Crime and Investigations team has contributed an article for Fraud Intelligence.
24 February 2024 will mark the tenth anniversary of Deferred Prosecution Agreements ("DPAs") being introduced in the UK as a means of resolving corporate crime. The article, 'The new DPA landscape for fraud', considers the key themes emerging from the DPAs that have been agreed to date and the likely use of DPAs in light of the incoming failure to prevent fraud offence and the recent expansion of the identification principle under the Economic Crime and Corporate Transparency Act 2023. The article argues that enforcement agencies will seek to replicate the successes of the UK Bribery Act 2010 (specifically the failure to prevent bribery offence) in the fraud space, leading to a likely uptick in corporate fraud investigations in coming years and an increased number of fraud-related DPAs and corporate prosecutions.
The article is available on www.counter-fraud.com and www.i-law.com and can be accessed on this link:
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