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The corporate criminal offences: two years on

Most companies are simply not taking the necessary actions to ensure they have reasonable prevention procedures in place, writes Oliver Pumfrey (FTI Consulting).

It is two years since the introduction of the corporate offences of failure to prevent facilitation of tax evasion (CCO).

Before the offences were introduced attributing criminal liability to a company required prosecutors to show that the senior management were aware of and involved in the illegal activity. It was consequently difficult to hold companies to account and there was no incentive for senior management to ensure there was robust governance. These new corporate offences aim to overcome that difficulty by attributing criminal liability to businesses for the criminal acts of employees agents or those that provide services for them or on their behalf.

However awareness of the offences appears to be low. According to an HMRC commissioned...

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