White collar and corporate crime covers offences committed by individuals and companies in the course of their employment. Generally this type of offence is non-violent and the people who commit them are motivated by financial gain. These are offences such as fraud, embezzlement, forgery, identity theft and tax evasion. These types of offence can be committed intentionally, recklessly or negligently.

The term ‘white collar’ describes the type of people who usually commit this type of offences. These individual’s usually work in as professionals or a higher level desk job and in many cases they belong to more advantaged parts of society having had access to higher education, family wealth and steady employment. These offences are generally committed by people who have the authority to represent the interests of the company they work for. In this guide the word business and company are used interchangeably.

Corporate crime refers to offences that are committed by a company or a company’s agents. In many cases corporate crimes are committed against members of the public in the sense that there is often a broad social or community impact that flows from the offence. Examples of this type of offence include:

• tax evasion;
• money laundering;
• environmental offences;
• food standards offences;
• work health and safety offences; and
• companies and securities offences.

The Commonwealth and each state and territory have laws that cover white collar and corporate crimes. The Commonwealth laws apply to all Australian residents equally. Each state and territory has additional laws that govern this area and make certain behaviour illegal.

As with any crime it is important to identify the elements of the offence as this tells you what the police need to prove in order for you to be convicted. Sometimes even if the police can prove each element of the offence you may have a lawful excuse for your behaviour. This is called a defence. The Commonwealth and state or territory laws provide specific defences that are available for white collar and corporate crimes such as duress or necessity.

White collar and corporate crime are serious offences that can attract sentences of imprisonment. The legislation (written law) sets out the elements of the offence and the penalties such as the maximum amount for the fine and the maximum imprisonment sentence that is available if you are convicted. Other sentencing options are usually also available for white collar and corporate crimes such as a community based order.

This Legal Guide on White Collar & Corporate Crime provides employees, businesses and people representing the interests of a business with information about this type of crime. It provides examples of these offences, information about ASIC and what you can expect to happen when you go to court. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.