White Collar Crime

“White-collar crime” is a term used to capture a broad range of offences. It is traditionally linked to frauds and breaches of the Corporations and other legislation dealing with how businesses are run and the duties of those engaged in managing them. “White-collar” suggesting the alleged offender is likely to be sitting behind a desk and manipulating the books to obtain a criminal outcome.

White-collar crime attracts its fair share of publicity. It is sometimes thought of as victimless crime e.g. a fraudulent claim to an insurance company. However, the courts have stated many times, such criminal activity is not victimless, in the end, consumers and the community more broadly are impacted.

The courts tend to treat frauds and white-collar crime most seriously because it can be difficult to detect and hard to build a case to prosecute, thus, when one is detected it is vigorously prosecuted. A good example of this is an insider trading case.

This section of the website is designed to highlight some of the offences that constitute white-collar offences, those under general fraud legislation, be it State or Commonwealth and then the more particular offences under the Corporations Act, Australian Securities and Investments Commission Act, and, to a lesser extent, the National Consumer Credit Protection Act. These Acts do not cover all the possible offences but will give you a very good idea of the intention of the government to prevent offending in this area.

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If you have been charged with a white collar offence and you would like assistance to understand your options, J Sutton Associates, have a NSW Law Society recognised Accredited Specialist in criminal law, with decades of experience acting for people charged with white collar offences. Call 02 8080 8055 for personalised advice and service.

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