White Collar Crime Lawyers

With ‘White Collar Crime’ being prosecuted more, professional accused need the best representation and protection. As with complex fraud, confiscation and Commonwealth matters, large dishonesty matters require a thorough and forensic approach balanced with the ability to manage large volumes of material. 

Our team possesses the skill set to discriminate between different forms of evidence, analyse the pertinent aspects of the materials and assess the weaknesses in otherwise difficult prosecutions. We are also in touch with the very best forensic accountants and advisors, who assist our firm in complicated mortgage and financial matters, to ensure that every possible avenue for defence is explored and utilised.The intersection of Corporations Law and Criminal Law is a major area of interest for Galbally Parker and we keep abreast of all the changes in all facets of these areas.

Understanding White Collar Crime

While the terms “white collar crime” and “corporate crime” are frequently used interchangeably, it is crucial to discern the nuanced differences, as each carries distinct legal implications and potential penalties.

White collar crime typically involves an individual committing a crime within a business context, whereas corporate crime pertains to illicit activities conducted by a corporation. White collar crimes are often perpetrated by individuals against a corporation or business, frequently involving a member of the corporate or business entity itself. In contrast, corporate crimes are committed by a company against individuals within the organisation, investors, creditors, the general public, the environment, or governing bodies and agencies.

Examples of white collar crimes encompass, but are not limited to:

• Fraud and cyber fraud
• Obtaining a financial advantage by deception
• Bribery, blackmail, and coercion
• Money laundering
• Theft
• Obtaining property by deception
• Identity theft
• Possessing proceeds of crime intentionally, recklessly, or negligently
• Embezzlement/Misappropriation of assets or funds

Given the potential for these crimes to unfold over extended periods, spanning months or even years, they often present complex challenges. Effective defence against such charges necessitates the expertise of experienced and knowledgeable lawyers.

Corporate and white collar crime charges may involve police intervention, but they are frequently investigated and prosecuted by governmental bodies such as the Australian Tax Office (ATO), the Independent Broad-based Anti-Corruption Commission (IBAC), the Australian Securities and Investment Commission (ASIC), and/or the Australian Federal Police (AFP).

Penalties for White Collar Crime in Australia

Penalties for white-collar crimes in Australia can vary based on the specific offense committed and the relevant legislation governing each offense. The severity of penalties is influenced by factors such as the scale of the crime, the amount of financial loss incurred, and whether there are aggravating factors involved. The following are some of the potential penalties for white-collar crimes in Australia:

• Fines: Offenders may face substantial fines, often calculated based on the financial benefit gained from the illegal activity or the financial loss caused to victims.
• Imprisonment: Individuals convicted of white-collar crimes may be sentenced to imprisonment. The length of the prison term depends on the nature and severity of the offense. Serious offenses may result in lengthy sentences.
• Restitution or Compensation: Courts may order offenders to pay restitution or compensation to the victims. This is intended to reimburse victims for any financial losses incurred as a result of the white-collar crime.
• Disqualification or Prohibition Orders: In cases involving regulatory offenses, individuals may be subject to disqualification or prohibition orders. This can result in the restriction or prohibition of certain activities, such as serving as a director or engaging in specific business practices.
• Forfeiture of Assets: Courts may order the forfeiture of assets obtained through illegal activities, ensuring that offenders do not benefit financially from their crimes.

It’s important to note that the penalties outlined above are general in nature, and the specific consequences for a particular white-collar crime will be determined by the relevant legislation and the circumstances of the case. Individuals facing allegations of white-collar crimes should seek legal advice to understand the specific penalties applicable to their situation and to assist with creating an effective defence.

Galbally Parker’s Experience with White Collar Crime Matters

As experienced practitioners in so- called “white collar crime”, Galbally Parker recognises and caters to the specific needs of the corporate client. For example, in 2017, we acted on behalf of two people alleged to have committed large scale fraud offences involving millions of dollars arising out of a business. Following a lengthy committal in the Magistrates’ Court, both clients were discharged on all charges and Victoria Police was ordered to pay costs of the proceeding. This was a fantastic result for our clients and can be attributed to our lawyers’ in depth knowledge of white collar crime legislation and to the barristers whom we brief, who are undoubtedly the best in this jurisdiction.

How Galbally Parker White Collar Crime Lawyers Can Help

In the face of white collar crime charges, it is important to get the most adept legal advice and representation from the outset. This may help to avoid the necessity of appealing a sentence or conviction later on. If you have been accused of white collar crime offences, entrust your defence to the oldest criminal defence firm in Melbourne, renowned for its longstanding commitment to exclusive criminal defence services.

The seasoned team of white collar crime lawyers at Galbally Parker has the expertise required to effectively navigate the complexities of your case. Don’t leave your legal defence to chance; contact us now to arrange a consultation and secure dedicated legal representation from the very beginning.