White Collar Crime

If you think you have been charged with White Collar Crime, contact The Criminal Law Centre Today on 02 9891 4200 or fill out an enquiry form here. Paul Wiggins is available to help you 24/7. With over 33 years of experience and over 4,000 court attendances, you’ll be in the right hands.

What Is White Collar Crime?

White-collar crime deals with frauds. They are generally being committed by business and professional people against; individual persons, companies/corporations and the government. The common elements with these types of crimes are deceit, concealment, or breaches of trust. Physical violence or any threat is not necessary.

Fraud

Fraud offences /white collar crimes are frauds related to dishonesty. The Parliaments of both the Commonwealth of Australia and the State of NSW have enacted fraud offences. To a certain degree it depends on the type of fraud.

For Centrelink, Medicare, or GST fraud type offences, they are prosecuted by the Commonwealth Director of Public Prosecutions despite, at times the NSW police lay these charges.In state offences, a person who, by any deception or dishonesty obtains property belonging to another person, or obtains any financial advantage or causes any financial disadvantage, is guilty of the offence of fraud.

The offence of Goods in custody is a less serious offence. Here the police only need to establish that a “reasonable suspicion” exists that goods (including cash monies) were stolen or otherwise unlawfully obtained. A statutory defence is available to any charge of Goods- in- custody. Other Commonwealth Crimes relating to frauds include dealing in the proceeds of crime being money or property. The Commonwealth Anti-Money Laundering and Counter-Terrorism Financing Act of 2006 contain certain offences. They include the use of bank accounts in false names, opening of bank accounts using false customer identification documents, and “structuring offences”
The Commonwealth government also prosecute in matters of; aged care fraud, Australia Post fraud, Medicare fraud, tax fraud including income tax fraud and GST fraud and social security or welfare fraud. 

ASIC

Companies and persons can be prosecuted by the Australian Securities and Investment Commission (or ASIC). I can also assist you if you are being prosecuted or investigated by ASIC.

They have very wide power to make you answer questions, produce documents etc. The key legislation administered by ASIC are The Corporations Act and the Australian Securities and Investments Act. ASIC can prosecute individuals or companies.
These offences are insider trading, directors cheating or defrauding, directors publishing false statements, directors omitting certain entries, Carrying on financial services business without a licence, falsification of books, dishonest use of position, managing a corporation whilst disqualified etc.

Paul Wiggins at The Criminal Law Centre provides sound and measured advice based on over 33 years experience and having conducted over 4,000 court appearances as to the issues you need to consider and any evidentiary problems you may encounter if you are charged with any fraud. Call us on (02) 9891 4200 or fill out our enquiry form to discuss how we can assist you. We’re here 24/7. 

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