Failure To Prevent Fraud Offence: What Do Professional Sports Teams Need To Know?
Author | Ms Pamela Reddy and Naomi Miles |
Law Firm | Norton Rose Fulbright |
Published date | 07 August 2023 |
In an amendment to the Economic Crime and Corporate Transparency Bill (the Bill), the UK Government is set to introduce a new failure to prevent fraud offence. Like the UK Bribery Act 2010 (the UKBA) more than a decade earlier, this new offence is likely to bring about significant changes to corporate criminal liability in the fraud space and will significantly affect the compliance and regulatory landscape for large sports organisations.
The proposed offence shifts the focus from organisations as the victim of fraud (inward fraud) to make it easier for organisations to be prosecuted for fraud committed by their employees or agents for the organisation's benefit (outward fraud).
The offences proposed in the Bill will carry strict liability meaning liability will be automatic unless organisations can evidence that they had "reasonable" procedures in place to prevent fraud from arising. This places an additional burden on organisations to carry out a risk assessment and ensure compliance, prior to the introduction of the offence.
What is the offence? |
Who is affected? |
The proposed offence will impose liability on large corporate bodies or partnerships if they fail to prevent any of the listed fraud offences, and where such fraud is committed (i) by an employee, agent or third party, and (ii) with the intention to benefit the organisation. |
'Large' corporate bodies and partnerships i.e., those that satisfy any two or more of the following criteria:
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