The expressions white collar crime and corporate crime are frequently used interchangeably, and in many instances, the alleged conduct may fall within both categories.
Matters of this nature demand experienced and strategically minded lawyers who have a thorough understanding of regulatory compliance obligations, as well as the legal risks faced by individuals and corporations under investigation or charged with offences. Skilled white collar and corporate criminal lawyers are essential to navigate these complexities and to achieve efficient, effective, and favourable outcomes.
What is white collar crime?
A white collar crime refers to non-violent financial offences committed in a professional or business setting. In NSW, these matters also involve:
- Fraud,
- Embezzlement,
- Tax invasion,
- Insider trading,
- False accounting.
What is a corporate crime?
Corporate crime refers to unlawful conduct carried out by a company, or by its directors, officers, employees or agents on behalf of the company, for the benefit of the organisation.
In NSW, these matters often involve:
- Breaches of directors’ duties
- Misleading or deceptive conduct
- False or misleading financial reporting
The difference between white collar and corporate crimes
White collar crime typically involves individuals committing offences in connection with corporations or businesses for their own personal benefit. In contrast, corporate crime refers to unlawful conduct carried out by a company’s directors, employees, or agents on behalf of the organisation, with the intention of benefiting the company itself.
What should I do if contacted about a white collar or corporate crime?
If contacted by ASIC, AFP or NSW Police:
- Do not attend a compulsory examination without advice,
- Do not provide a written statement without legal review,
- Do not attempt to “fix” records,
- Preserve all relevant documents.
Penalties
There are a range of penalties one may receive for both white collar and corporate crimes. Penalties depend on the amount of money involved, whether it was deliberate and the level of breach of trust. The sentencing of these crimes can include imprisonment, heavy fines and director disqualification.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best possible outcome for white collar and corporate offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and a clean criminal record, and between losing your licence and keeping it.
To discuss your white collar and corporate charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.
Contact us now.