It is no longer acceptable for firms and their leaders to remedy misconduct after the fact. Instead, they are increasingly expected to prevent misdeeds or mishaps from occurring. This push comes both from aggrieved shareholders, tired of bearing the attendant costs, and in the form of regulatory and legislative requirements that seek to establish a ‘duty’ to prevent stakeholder harm.
Observations
Sep 19, 2023Under new legislation making its way through Parliament, the UK is set to prosecute firms as a "failure to prevent fraud" becomes a criminal offense. The measure is included in the Economic Crime and Corporate Transparency Bill, which has broad support and is expected to become law by Spring 2024.
Compendium
Jun 07, 2023Observations
Oct 12, 2022In a speech last month, US Assistant Attorney General Kenneth A. Polite argued that holding individuals accountable and creating an effective enforcement regime, rather than over-relying on prosecution to punish crime after the fact, will nurture and incentivize responsible corporate citizenship and, ultimately, prevent misconduct from occurring in the first place.
Observations
Aug 08, 2022
