Author: Niall Hearty 5 October 2021
With the Law Commission drafting possible options for overhauling fraud laws in a way that could make it easier to prosecute companies, Niall Hearty wrote a piece examining corporate criminal liability.
His article looks at the idea of the controlling mind of the company, including how this has been interpreted and the implications it has for prosecuting companies. He also considers the argument for creating a failure to prevent offence, along the lines of those in the Bribery Act and Criminal Finances Act.
With some commentators arguing that it is easier for the authorities to prosecute small companies rather than the larger ones, whose devolved structures make it difficult to establish corporate responsibility, Niall assesses the challenge facing those looking to produce alternatives to the current situation.
To read the full article, visit Lawyer Monthly.
Niall has a wealth of corporate crime expertise and an ability to coordinate global bribery and corruption cases. His achievements in such investigations have made him a logical choice for corporate clients.