Anti-Bribery and Corruption
Our team advises clients who are concerned about their exposure to the legal risks associated with corruption or who find themselves confronted with evidence of corruption within their organisation, whether in Australia or overseas.
We have experience in conducting audits and in providing advice and assistance to minimise the risk of corruption by building a corporate culture which does not tolerate corrupt conduct, including:
advice on the effect of Australia's Criminal Code and the management of risk arising from the US Foreign Corrupt Practices Act, and the new UK Bribery Act 2010;
compliance program development and implementation;
advice with respect to the scope and extent of due diligence, risk management and audits;
advice and regulatory guidance on specific corporate transactions and third party arrangements; and
advice on collateral regulatory regimes relating to marketing activities, sales commissions, anti-money laundering laws and regulation.
Where a company is confronted with evidence of actual corruption, our team of lawyers can advise about strategy, assist in the conduct of an investigation and the remediation process, and defend an Australian prosecution if one is commenced.
We have strong relationships with experienced lawyers in other jurisdictions. Where a company is threatened by investigation or prosecution in the United States or Europe, we can facilitate the selection and engagement of lawyers who will see that our client's interests are protected.
Our team has a prominent and successful track record of advising on cases involving corporate fraud, public and private corruption, antitrust, money laundering and related investigations. We are used to working closely with regulatory authorities and enforcement agencies, including the New South Wales Fraud Squad.
We advise companies on the myriad of issues that need to be consider when fraud is discovered, including press affecting the brand, share price and directors' reputations; ASX disclosure rules; whistleblower provisions; and employment and industrial relations issues.
Our clients include Australian corporations, banks, subsidiaries of US and European multinationals, Australian public authorities as well as individuals prominent in business and legal affairs.
Retained by US corporations in relation to US Department of Justice investigations into alleged breaches of the US Foreign Corrupt Practices Act within Australia, by subsidiaries of those US corporations.
Leading the Australian component of an investigation of a British multinational whose employees were allegedly involved in a worldwide conspiracy to defraud the taxation authorities. We subsequently successfully led the Australian defence of proceedings brought against the Australian subsidiary by the Federal Government.
Leading the Australian investigation of a number of alleged cartels involving a European multinational. While a number of alleged conspirators were indicted and subsequently convicted in various parts of the world, no action was taken in Australia.
Advised an Australian resource company in connection with an Australian Federal Police investigation into alleged bribery of foreign public officials.
Advising Australian companies with regard to their obligations under the Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 (Cth), and in particular in relation to facilitation payments and the development of an appropriate corporate culture to avoid prosecution in this area.
Currently representing one of Australia's largest publicly listed companies in a major international investigation where we have been working closely with the New South Wales Fraud Squad. This is the longest running and largest Fraud Squad investigation in NSW and secret commissions have been paid through Australia, British Virgin Islands, Israel, United States, Italy, UK and the Channel Islands.
Leading the defence of the last of the "bottom of the harbour" taxation conspiracy prosecutions - a series of prosecutions arising from a Royal Commission that involved extensive conspiracy to defraud the Australian Tax Office. These matters ultimately led to legislative change.
Acting for a major client in two separate Inquiries by NSW's Independent Commission against Corruption in relation to fraud in the context of the tender procurement processes. We advised on all aspects of the matter including representing the client in the Inquiry, representing employees who were questioned, reviewing the forensic material and preparing the submission report to the Commission. With the high-profile aspect of the proceedings we also assisted in managing the media.
Successfully acted for a State Government Authority in a High Court case in relation to fraud and false invoicing with a supplier. The decision is regarded as a leading decision on the law of evidence.
Acting for the Australian subsidiary of a large overseas company in relation to misappropriation of funds by a highly paid executive. We successfully obtained judgment against the executive within an exceptionally tight timeframe of just one month.
Acting for a major financial institution to recover moneys stolen by a former employee and gambled away. The case settled on extremely favourable terms for our client.