Corporate crime covers offences committed by a corporation or by an individual acting on its behalf. It may involve tax fraud, forgery, insider trading or environmental offences. If you are under investigation by ASIC, the ATO or other government agencies, on suspicions of carrying out a corporate crime or white-collar crime then you need to get yourself an experienced corporate crime lawyer. That’s where our Melbourne Corporate Crime lawyers come in!
What Is Corporate Crime?
Corporate crime may occur on a single occasion or over a long period of time. The following are examples of corporate crime:
- a company’s accountant alters the books to reduce its tax responsibilities;
- a company breaches the Environment Protection Act 1970 by failing to dispose of toxic waste correctly;
- a company director uses confidential information he received through the company to make strategic investment decisions.
What Is White Collar Crime?
White-Collar crime is non-violent crime carried out for material gain by a professional in the course of their work. Our Melbourne Corporate Crime Lawyers provide advice and legal representation on white-collar crimes including forgery, insider trading, bribery, ASIC offences and tax fraud.
Other white collar crimes our Melbourne Corporate Crime Lawyers deal with regularly include computer offences. Some computer offences include possession of data with intent to commit a serious computer offence, supplying data with intent and many others.
If you are under investigation for offences then it’s vital that you engage a Melbourne Corporate Crime Lawyer who will explain the complexities of the law to you.
Corporate Crime Offences
The list of corporate offences that an individual or business can commit is extensive. The most common corporate offences are outlined below.
ASIC is an Australian government organisation that regulates corporations to protect consumers, investors and creditors. ASIC has jurisdiction and mandated guidelines it can enforce in accordance with The Corporations Act and the Australian Securities and Investment Act include:
- Carrying on Financial Services Business Without a Licence
- Director Omitting Certain Entries
- Directors Cheating or Defrauding
- Directors Publishing False Statements
- Dishonest use of Position
- Falsification of Books
- Manage Corporation Whilst Disqualified
If you’d like advice because ASIC is investigating you using a Section 19 Notice; or you think you might have breached a regulation, give one of our friendly Melbourne Corporate Crime Lawyers a call.
Bankruptcy offences include:
- Making false statements to the trustee
- Obtaining credit without disclosing bankruptcy
- Obtaining property by fraud as a bankrupt
If you’ve failed to meet your bankruptcy obligations, give our Melbourne Corporate Crime Lawyers a call to get some advice.
Bribery is a serious offence under the Criminal Code Act 1995.
If you have been charged with bribery contact our Melbourne Corporate Crime Lawyers for advice.
Environmental laws are set out in state and federal legislation. The courts can fine corporations more than $1 million for an offence and in the most serious cases, impose a prison sentence on individuals responsible.
Some environmental offences are:
Our Melbourne Corporate Crime lawyers are always willing to answer any questions you may have about Victorian environmental legislation.
Insider trading occurs when a person uses information that isn’t publicly known for a personal advantage or when they share non-public information with others who may then use that information for their own financial gain.
Armstrong Legal’s Corporate Crime Lawyers possess a thorough knowledge of Australian Insider Trading legislation and can advise you at all stages of the investigation, including before you get referred for prosecution.
WorkSafe Victoria encourages compliance through a raft of measures; however in limited cases, when it is in the public’s best interests, it will prosecute individuals for offences according to its internal prosecution guidelines and the Occupational Health and Safety Act 2004 (OHS Act).
If there has been a serious injury or a death at your workplace and you’re unsure if you’re going to be prosecuted, contact our Melbourne Corporate Lawyers who can assist with your query.
Forgery is the alteration of a document, signature, banknote or piece of art. Forgery offences you could be prosecuted for include:
- Corrupt Commissions
- Dishonest destruction of an accounting record
- Dishonest statements with intent to deceive members
- Fraud offence
- Make dishonest statements
Forgery is a very serious offence so it’s imperative you seek legal advice from our Melbourne Corporate Crime Lawyers if you’re under investigation.
If you have taken another person’s personal information without their permission and used it for a financial advantage, you may have committed an identity fraud offence. Identity fraud commonly encompasses ATM fraud, credit card fraud and internet fraud.
Identity fraud offences include:
- Dealing with identification information
- Possess identification information
- Possess equipment capable of making identification information
Our Melbourne Corporate Crime Lawyers are knowledgeable in all areas of identity fraud legislation and can give you advice on your situation.
Money laundering is hiding the true origins of money that has been obtained through illegal activity. The Commonwealth Director of Public Prosecutions (CDPP) investigates alleged money laundering cases. Charges of money laundering can be laid under the Financial Transactions Reporting Act 1988 or the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
Money laundering penalties are severe and include imprisonment.
Although there is no specific offence known as ‘Tax fraud’, tax evasion can lead to charges of obtaining financial advantage by deception or conspiracy to defraud. These are serious offences and the penalties can be severe. If the Australian Tax Office is auditing you on suspicion of tax fraud, you should speak to a lawyer at the earliest opportunity.
Obtain A Financial Advantage by Deception
A person can be found guilty of obtaining a financial advantage by deception if the court is satisfied that they:
- Obtained a financial advantage;
- Have obtained that advantage by “deception”; and
Conspiracy To Defraud
A person may be found guilty of conspiracy to defraud if they:
- Conspired with another person;
- Did so with the intention of dishonestly obtaining a gain from or causing a loss to a third person.
Other offences may be committed in the process of committing a tax fraud offence.
What Types Of Corporate Crime Can You Assist With?
Our Melbourne Corporate Crime lawyers cover the broad spectrum of corporate crimes and can help you with:
- ASIC investigations
- ASIC offences
- Bankruptcy offences
- Coronial inquests – Workplace related
- Environmental offences
- Fraud – After February 2010
- Fraud – Before February 2010
- Identity Fraud
- Insider Trading
- Money Laundering
- Tax Fraud
Call Armstrong Legal’s Melbourne Corporate Crime lawyers on 1300 038 for a confidential conversation.
How Can Your Melbourne White Collar Crime and Corporate Crime Experts Help?
You can trust our Melbourne White Collar Crime and Corporate Crime lawyers because they have extensive knowledge in their chosen legal practice area. With over 100 years of experience, they regularly appear in the Magistrates Court and County Court in corporate crime matters.
Let Armstrong Legal’s caring and professional Melbourne White Collar Crime and Corporate Crime lawyers manage your defence while you are going through this difficult time.
If you require advice on any corporate crime matter give our Melbourne corporate crime lawyers a call on 1300 038 223 or send us an email.
WHERE TO NEXT?
Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?