Corporate Crime and White Collar Offences
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- Corporate Crime/White Collar Offences
- Provide clients with sound advice
- Inform clients of possible defences
- Provide representation in court proceedings
If you may have breached a law or regulation as an employee or company director, you may be facing criminal charges.
There is a significant amount of legislation governing business which includes criminal sanctions where breaches of duties are owed under the Corporations Act, workplace health and safety laws, environmental protection laws, the Trade Practices Act, the Fair Trading Act and the Customs Act.
White collar charges may include blackmail, false accounting, embezzlement, tax evasion and destruction of evidence.
Amad & Amad Lawyers can provide you with the best legal representation and preparation for these contested matters.
If you are facing one of these charges, please contact Amad & Amad Lawyers immediately on (03) 9347 1466 or book an appointment using our online form at our Carlton office in Melbourne.
Blackmail
topCrimes Act 1958 - SECT 87
87. Blackmail
(1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief-
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is proper means of reinforcing the demand.
(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
(3) A person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
Maximum Penalties in Victoria
Imprisonment for 15 years.
False accounting
topCrimes Act 1958 - SECT 83
83. False accounting
(1) Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another-
(a) destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or
(b) in furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular - he is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document.
Maximum Penalty in Victoria
Imprisonment for 10 years.
Embezzlement
topCrimes Act 1958- SECT 157
157. Embezzlement
Whosoever, being a clerk, or servant, fraudulently embezzles, either the whole or any part of, any property delivered to, or received, or taken into possession by him or her, for, or in the name, or on the account of, his or her master, or employer, shall be deemed to have stolen the same, although such property was not received into the possession of such master, or employer, otherwise than by the actual possession of such clerk, or servant, and shall be liable to imprisonment for ten years.
Maximum Penalties in Victoria
The maximum penalty for the offence of Embezzlement by Clerk or Servant is 10 years imprisonment.
Tax evasion
topTaxation Administration Act 1997 - SECT 61
61. Tax evasion
A person must not, by a deliberate act or omission, evade or attempt to evade tax.
Maximum Penalties in Victoria
Imprisonment for 2 years.
Destruction of evidence
topCrimes Act 1958 - SECT 254
254. Destruction of evidence
(1) A person who-
(a) knows that a document or other thing of any kind is, or is reasonably likely to be, required in evidence in a legal proceeding; and
(b) either-
(i) destroys or conceals it or renders it illegible, undecipherable or incapable of identification; or
(ii) expressly, tacitly or impliedly authorises or permits another person to destroy or conceal it or render it illegible, undecipherable or incapable of identification and that other person does so; and
(c) acts as described in paragraph (b) with the intention of preventing it from being used in evidence in a legal proceeding-
is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum) or a level 6 fine or both.
(2) This section applies with respect to a legal proceeding, whether the proceeding is one that is in progress or is to be, or may be, commenced in the future.
Maximum Penalties in Victoria
Imprisonment for 5 years.
If you need legal help with any of the above legal matters from a qualified lawyer in Melbourne or in the State of Victoria then Amad Lawyers can help you.