Corporate Crime
Corporate crime, while often non-violent in nature, represents an area of high risk, sensitivity and complexity for clients.
The conduct can cross jurisdictional lines or even countries. Often committed by a corporation, or a person representing the corporation including senior management, corporate crime includes cartel conduct, corruption or bribery allegations, or regulatory investigations or sanctions.
How we can help
Our legal experts can assist across all areas of corporate crime, including cartel conduct, corruption, anti-bribery, anti-money laundering and sanctions in all forms of disputes and regulatory investigations. We also advise on business ethics and develop and implement formal compliance programs for clients.
Cartel and anti-trust investigations
We have significant experience helping our clients with high-profile international and Australian cartel investigations and associated litigation (including the Australian aspects of international cartels). We draw on our insights and in-depth knowledge to spot the key issues in restrictive trade practices and consumer law and how best to resolve them in the most commercial way, and with the least impact on our clients' businesses.
Disputes and regulatory investigations
Interest from the regulator is always unwanted and often disruptive to day-to-day operations. Investigations have the potential to bring unwanted public scrutiny and risk to reputation – and ultimately the threat of prosecution.
Getting the right support and guidance from an experienced legal adviser from the outset is essential. We focus on working with regulators to resolve and settle any issues without the need for litigation, and, if this is unavoidable, we have the expertise to efficiently defend any litigation.
Our multidisciplinary team thoroughly understands the regulatory framework and acts for many clients involved in investigations and proceedings commenced by the ACCC, the ATO and other regulatory bodies including the AFP and anti-corruption bodies including the National Anti-Corruption Commission and state anti-corruption bodies.
Anti money laundering and anti-bribery
We advise clients in the areas of anti-money laundering and anti-bribery, including investigations; third party due diligence and risk management; mergers, acquisitions, and joint ventures; and day-to-day counselling. See our Anti Money Laundering page.
Business ethics and compliance
We regularly advise corporate clients on their compliance with anti-bribery and corruption laws, modern slavery issues, regulatory investigations and sanctions compliance. In addition to specific advice, we have experience in developing effective compliance policies and training modules for employees, management and directors.
We provide guidance in the areas of anti-bribery, investigations, third party due diligence and risk management and day-to-day counselling.
We also help businesses to respond to their modern slavery reporting obligations, consistent with their vision and enhancing their brand. We advise on all stages of the modern slavery reporting cycle – from preparing modern slavery statements, to providing pragmatic advice on the steps that can be taken ahead of the next reporting period.
Additionally, we have significant experience advising clients in connection with possible regulatory breaches, assisting clients with their reporting obligations and acting in all aspects of regulatory investigations and enforcement litigation. We also have extensive experience responding to complex investigations and enforcement action.
Our corporate crime experience
- Acting for a client in Australian Competition Tribunal proceedings seeking review of a decision by the ACCC to grant authorisation to another party in connection with potential cartel and other possible anticompetitive conduct.
- Representing numerous entities in ACCC cartel proceedings and other matters involving restrictive trade practices.
- Advising a substantial Commonwealth Government corporation on anti-corruption and bribery laws, including foreign bribery and corrupt conduct.
- Advising a multinational German company on anti-corruption and bribery matters.
- Advising the Parliament of Victoria on anti-corruption and bribery policies and procedures, including probity measures.
- Acting for an anti-corruption body in a sensitive Victorian Supreme Court matter regarding an investigation.
- Acting for ministerial advisors, Government departments and private entities in investigations by corruption bodies.
- Advising in relation to the first foreign bribery prosecution in Australia.
- Advising financial services entities and senior executives in relation to investigations of bribery and corruption by various regulators.
- Acting for Commonwealth and State Government departments, agencies, senior executives and ministerial advisors in relation to investigations by anti-corruption bodies.
- Acting for NSW and Victorian local Councils in anti-corruption investigations.