White Collar Crime
Corporate crime, sometimes known as “white collar crime”, is increasingly becoming a focus for regulators across various industries in Australia.
Corporate crime typically involves conduct such as fraud, bribery, insider trading, cybercrime, money laundering, whistleblower action and a variety of investigations into corporate misconduct and wrongdoing.
McCullough Robertson’s White Collar Crime team brings specialist expertise from practice areas across the firm including Litigation and Dispute Resolution, Employment Relations & Safety, Tax, Insurance, Corporate Advisory, Projects, and Intellectual Property.
Our team has significant experience providing strategic legal advice and specialised representation to corporate clients and individuals who find themselves the subject of regulatory enforcement proceedings and investigations, including action brought by:
- the Australian Securities and Investments Commission (ASIC);
- Australian Securities Exchange (ASX);
- the Australian Competition and Consumer Commission (ACCC);
- Foreign Investment Review Board (FIRB);
- the Australian Taxation Office (ATO);
- State and Federal Anti-Corruption commissions; and various Commissions of Inquiry, both domestically and internationally.
We regularly advise on litigation strategy, risk mitigation, investigations (including obtaining urgent injunctive relief such as freezing or search orders from the Court), incident response and remedial action/advice (including reputation management), prosecutions and enforcement. We focus not only on responding to investigations, but on improving our clients’ systems, processes, knowledge training and monitoring – mitigating future risk.
Our team offers seamless project management, transparency and cost efficiency and the ability to draw on a network of experienced lawyers and advisors in other jurisdictions. We also have a number of trusted experts, such as forensic accountants, IT experts, cybercrime specialists and communication strategists. We regularly engage these trusted advisors while maintaining client confidentiality and legal professional privilege.
Our expert team includes lawyers who have acted in corporate crime proceedings for more than 20 years, meaning that we are well-placed to provide strategic advice to corporate organisations and their officers when dealing with potential criminal or regulatory culpability. We also regularly deal with corporate regulators, such as ASIC and the ASX, and keep up to date with their enforcement priorities.
Our offering
McCullough Robertson’s White Collar Crime team assists businesses and individuals through every aspect of the regulation and enforcement landscape. We provide specialist advice on:
- Criminal prosecutions, civil penalty proceedings and other enforcement activity;
- Managing and responding to criminal and regulatory investigations;
- Risk and compliance including reviews, audits, systems improvements and self-reporting;
- Incident response and management;
- Search warrants, “dawn raids” and other forms of coercive notices;
- Competition, consumer and antitrust investigations;
- Technology, data protection, cybersecurity and privacy;
- Tax including tax fraud and phoenix activity;
- Conducting internal investigations, including anti-corruption investigations;
- Commissions and inquiries;
- WHS, employment and environment prosecutions.
To find out more, contact Tim Case, Alan Wrigley or Jason Munstermann.
Our legal expertise
Big Four bank
Advising on a number of high-profile investigations matters, including acting for senior executives in relation to an investigation and prosecution by ASIC of alleged illegal market manipulation.
Criminal Prosecution – ASIC
Advising in relation to criminal charges brought by ASIC.
Insider trading
Defending civil proceedings for insider trading.
Major resources company
Defending Federal and Supreme Court proceedings in relation to the fraudulent behaviour of directors.
Major construction contractor
Investigation and prosecution of fraud issues.
State government
Acting for a Director-General of a State Government department responding to regulator inquiries about the management of due diligence obligations.
Financial services providers
Advising various fund managers, financial advisers and non-cash payment facilities in relation to obligations under AML/CTF laws including KYC and ongoing due diligence requirements.
Foreign government department
Acting for a U.S. government department in relation to civil proceedings stemming from a multi-million dollar bribery and kickback scheme.
Not-for-profit
Following a cyber attack, assisting in assessing, responding to and managing the data breach from a legal perspective.
Cryptocurrency platforms
Acting for international cryptocurrency investment platforms to defend contractual disputes on non-performance of a counter-party and alleged theft of digital assets from customer accounts by third party scammers.
Your white collar crime team
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