Do I need to comply with the failure to prevent fraud offence?
The offence applies to a relevant body that meets the large-organisation size test — at least two of: more than 250 employees, more than £36m turnover, and more than £18m balance-sheet total. A qualifying body can be liable where an associated person commits a listed fraud intending to benefit it, subject to the reasonable-procedures defence.
In short
- Large organisation = at least two of: >250 employees, >£36m turnover, >£18m balance-sheet total
- Group undertakings are aggregated for the size test
- Liability needs an associated person and a listed base fraud intended to benefit the body
- The reasonable-procedures defence is available and evidence-led
Whether your organisation is in scope turns on the company-law size test applied to the relevant body, with group aggregation rules for parent undertakings. Many groups meet the thresholds once turnover, balance-sheet, and headcount are aggregated.
Scope is a legal assessment of your facts, not something software can decide. DefenceFile structures the scope-screening inputs — entity data, the size test, UK-nexus notes, and associated-person status — and reserves the conclusion for qualified reviewers.
The sample board pack — a one-page view of where evidence is complete and what is missing — opens in your browser, no email, no form.
Official sources
- Home Office failure-to-prevent-fraud guidance v1.5
Updated 2025-10-10; accessed 2026-06-15.
- Economic Crime and Corporate Transparency Act 2023
Royal Assent 2023-10-26; accessed 2026-06-15.
Keep reading
DefenceFile organises evidence for legal and compliance review. It does not provide legal advice, create privilege, certify scope, certify reasonable procedures, or guarantee that a statutory defence will succeed.