Make companies liable for staff fraud, Law Commission recommends

The legislation would apply when a company had not ensured that appropriate ­prevention measures were in place
The legislation would apply when a company had not ensured that appropriate ­prevention measures were in place
YUI MOK/PA

Companies would be criminally liable for fraud and computer misuse committed by senior executives under proposals laid out today by the government’s law reform advisers.

The Law Commission is calling for a new offence of “failure to prevent fraud by an employee or agent”. The legislation would apply when a company had not ensured that appropriate measures were in place to prevent their employees or those acting on behalf of the business from committing a fraud for the benefit of the company.

The review of corporate criminal liability comes in response to concerns that current legislation falls short of holding large companies to account, particularly over economic crimes.

Ministers asked the commission, which advises on law reform in England and Wales, to produce a set