White collar crime is a broad term that may include offences such as corporate crime, fraud, bribery including foreign bribery, insider trading, embezzlement, taxation offences, money laundering and other dishonesty related offences which may be prosecuted by the Australian Tax Office (ATO), the Independent Commission Against Corruption (ICAC), the Australian Securities and Investment Commission (ASIC), AUSTRAC, the Australian Federal Police and the Commonwealth DPP (CDPP)
White collar offences may carry significant penalties – ranging from substantial fines through to lengthy terms of imprisonment. The courts are increasingly treating White Collar Crime seriously, since its detection is elusive at best and often encompasses a breach of trust by a person in a position of authority, often with devastating financial outcomes for a company, shareholder, investor or individual.
The penalties upon conviction for white collar crime normally involve a component of specific deterrence to stop the individual from committing such an offence again, and general deterrence so as to deter others from committing such offences.
Representing clients for White Collar Crime offences and investigations necessitates a comprehensive understanding of the myriad of legislation which covers this broad and increasingly complex area of law.
In recent times, ASIC, AUSTRAC and the ATO have been granted additional powers by the Government to combat White Collar Crime. These powers include executing search warrants, surveillance powers and powers to compulsorily examine witnesses – such include the absence of a right against self-incrimination (a standardised right in ordinary criminal proceedings granted under the respective Uniform Evidence Acts under each jurisdiction).
How Can Nyman Gibson Miralis assist you?
If you are the subject of an investigation or prosecution for White Collar Crime it is important that you speak to one of our criminal law specialists who can provide you with expert legal advice and representation