Thomson Reuters Features Article by Matthew Banham, Teddie Arnold, and Sarah Barney on Corporate Fraud Liability

The November 2025 edition of Thomson Reuters' Briefing Papers featured an article by Matthew Banham, Teddie Arnold, and Sarah Barney: "A New Era Of Corporate Fraud Liability: The UK’s Failure To Prevent Fraud Offense Meets The U.S. False Claims Act." The piece examines the convergence of two major anti-fraud regimes and their implications for multinational corporations.

In the article, Banham, Arnold, and Barney suggest that companies operating across jurisdictions adopt a proactive compliance strategy to manage overlapping fraud liability risks. The UK's Failure to Prevent Fraud (FTPF) offense introduces a significant expansion of corporate criminal liability, while the U.S.'s False Claims Act (FCA) imposes civil liability and leverages whistleblower incentives.

The authors note: “For multinational corporations, harmonizing fraud-prevention frameworks across jurisdictions is no longer optional—it is essential to strategic risk management and sustainable participation in government procurement markets.”