Caroline Greenwell comments in Global Investigations Review on Jonathan Fisher KC's report, Fraud in the Digital Age, and its recommendations for tackling fraud in the UK

Proposals put forward by Jonathan Fisher KC to strengthen the UK’s fraud response  have sparked discussion, particularly around recommendations aimed at increasing corporate accountability and expanding enforcement tools. The review proposes a fundamental overhaul of the current framework, including the introduction of criminal liability for online platforms that fail to prevent user-to-user fraud and an increase in the maximum sentence for serious fraud offences.

Among the many proposals, there is particular intrigue around the barrister's idea to create a specific offence to hold online platforms, such as social media and e-commerce websites, criminally liable for fraud committed by their users.

Caroline Greenwell, Partner in our Dispute Resolution team, comments in Global Investigations Review:

"[the above proposal] would allow UK law enforcement to make online fraud 'a real criminal problem for the organisation, not just a regulatory problem...its a call to action on a greater range of institutions to tackle the problem."

The review also recommends introducing deferred prosecution agreements (DPAs) for individuals involved in serious economic crime. This could increase funding flowing back into the enforcement system through financial penalties, however, prosecutors often seek to pursue individuals through trial where they believe a strong case exists, in order to reinforce accountability and deterrence.

Read the full article in Global Investigations Review here.