As another significant year in white-collar crime and corporate enforcement in the UK comes to a close, we have summarised the key developments shaping the regulatory and investigations landscape in 2025. Below is a snapshot of the most impactful cases, legislative changes and enforcement trends with links to our deeper analysis throughout the year.
UK Supreme Court Narrows POCA’s Extraterritorial Reach
The Supreme Court’s decision in El-Khouri v US [2025] UKSC 3 confirmed that the courts had misunderstood the application of the Proceeds of Crime Act 2002 (POCA). For POCA to be engaged, there must be a UK nexus: either the criminal property must be dealt with in the United Kingdom or the money laundering must take place in the United Kingdom. This ruling significantly narrows the scope of cross-border POCA investigations and extradition requests. We wait to see how these principles may impact cross-border investigations more generally. Our analysis of the ruling and the UK’s extraterritorial laws is here.
New SFO Guidance on Evaluating Compliance Programmes
The Serious Fraud Office (SFO) issued its first guidance for evaluating compliance programmes, aligning closely with US Department of Justice (DOJ) expectations with a focus on evidence-based compliance. Firms are expected to demonstrate that controls are effective and embedded across the organization with an increasing emphasis on data analytics and AI -enabled monitoring in support of proactive fraud prevention. Our analysis is here.
Enforcement Cooperation Taskforce: A New Global Policeman
The SFO, France’s Parquet National Financier (PNF) and the Swiss Office of the Attorney General (OAG) have formed an Enforcement Cooperation Taskforce to enhance information sharing, harmonise strategy and reduce delays. Organisations should expect better coordination between prosecutors, faster cross-border enquiries; and more aligned settlement expectations. Read more here.
Corporates Must Prevent Fraud
The Economic Crime and Corporate Transparency Act 2023 (ECCTA)’s new Failure to Prevent Fraud (FTPF) offence and Guidance is now in effect. Large organisations must implement proportionate, risk based “reasonable procedures.” Early enforcement is expected in fraud exposed sectors: procurement, sales and finance functions in particular. Our analysis of how it relates to the False Claims Act is here and more information on the offence is here.
Corporate Liability for Senior Managers
ECCTA has introduced the ‘Senior Manager’ test for corporate attribution, replacing the narrow ‘directing mind and will’ test. The lower threshold increases corporate criminal exposure where senior managers commit specified offences in the course of their duties. Operational leads, business unit heads and compliance managers may now bring the organisation into scope. Our analysis is here.
Failure to Prevent Facilitation of Tax Evasion
HMRC confirmed its first criminal prosecution under the corporate offence of “failure to prevent the facilitation of tax evasion”, marking a more aggressive use of its enforcement powers. Alongside this prosecution, a further 11 live corporate investigations are under way.
Whistleblower Rewards for Tax Fraud
HMRC has introduced a US-style whistleblower reward programme targeting large corporates, high-net-worth individuals and offshore structures. The scheme marks a significant shift in tax enforcement strategy, financially incentivising insiders to report misconduct.
Workplace & Non-Financial Misconduct
2025 saw a marked rise in workplace misconduct investigations driven by the duty to prevent sexual harassment in the workplace, increased employee awareness, improved reporting channels and focus on culture and governance.
Whistleblowing investigations commonly cover financial impropriety, bullying and harassment, conflicts of interest and misuse of confidential information. See our analysis here, here and here.
Online Service Providers: New Duties
The Online Safety Act (OSA), now in force, imposes a duty of care on service providers to protect users from illegal and harmful content. Under the OSA service providers have a duty to prevent users from encountering priority illegal content (including fraud) irrespective of any FTPF obligations. OFCOM is expected to pivot from guidance to enforcement, with increased scrutiny and penalties. Our MarketPlace Risk Summit presentation on this topic is available on request.
SFO Guidance on Co-operation and Enforcement
The SFO has reiterated that timely self-reporting and full cooperation are essential for organisations seeking to avoid prosecution. Compliance programmes will come under close scrutiny. With enhanced investigative tools and a new lower threshold for corporate liability, delays or partial cooperation may tip cases toward criminal charges. Our analysis is here.
Jury Reform: The Jury’s Out
The government plans to replace juries with judge-only trials for serious fraud and complex financial crime cases to accelerate proceedings. Judge-only trials may provide more certainty and expediency encouraging more corporates to self-report. Critics argue the change is not needed as juries are not the cause of significant delays to trials and the reforms undermine the integrity and faith in the criminal justice system.
Looking Ahead to 2026
- Digital enforcement: OSA penalties are likely with platforms requiring robust illegal content and harm tracking tools. Categorised service providers under the OSA will also need to take account of the Code of Practice for removing fraudulent advertising.
- SFO enforcement: Expect corporate investigations into FTPF offences
- AI governance: Increased scrutiny of AI enabled services and automated decision-making processes.
- Corporate culture: Financial Crime Authority focus on non-financial misconduct; SFO prioritisation of cross-border coordination and ESG related corruption risks.
