UK SFO’s updated Guidance on Evaluating Corporate Compliance Programmes integrates the new ‘failure to prevent fraud’ offence and spotlights 6 scenarios from prosecution decisions to DPA eligibility and monitorships

The updated guidance outlines six scenarios in which SFO may assess a company’s compliance programme — including prosecutions, deferred prosecution agreements (DPAs), monitorships, potential “adequate/ reasonable procedures” defences under anti-fraud and anti-bribery legislation, and as a factor in sentencing decisions. It aims to provide greater transparency for organisations on how compliance-effectiveness will influence prosecutorial and remedial choices, and encourages companies to ensure that their compliance frameworks are well-designed, effectively implemented, documented and capable of evolving to meet enforcement standards…