White Collar & Corporate
4. Corporate Crime
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Sep 2015
- Corporate crimes are a type of ‘white collar’ offence. This is because the type of individual who has the authority to represent a company’s interests can broadly be described as a white collar professional such as business professionals or government officials.
- Generally businesses, corporations or their agents commit these offences. They are sometimes said to be victimless crimes although they generally have consequences for the wider community.
- A business or corporation has a special legal identity. This means the business itself and its directors can be held legally responsible for committing crimes.
- In some cases the business or company will be held responsible for the crimes. This usually means the directors of the business will bear legal responsibility for the offences.
- In other cases an individual representing a company will be held individually responsible for the offence.
- This depends on the type of illegal behaviour and exactly what offence has been committed and charged.
- Corporate crimes are generally:
- financially motivated;
- non-violent; and
- they involve some deception.
- Examples of corporate crimes include:
- tax evasion;
- environmental offences;
- companies and securities offences;
- economic offences;
- discriminatory practices; and
- work health and safety offences.
- Both Commonwealth and state or territory law provides defences for corporate crimes.
- Usually this type of offence will carry a maximum fine and term of imprisonment depending on the seriousness of the conduct.
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