Allens

Corporate Crime

Protecting your business against allegations of criminal activity

Crime is a specialty area and corporate criminal behaviour is a growing concern for Australian businesses. No matter what sector or market you're operating in, criminal exposure or action can result from potential breaches of a range of federal and state laws including, but not limited to anti-bribery, anti-money laundering, sanction and export controls, fraud, falsification of records, insider trading and misleading and deceptive conduct.

We have real expertise in this area having worked across all types of corporate crime including conduct of investigations and regulatory and law enforcement authorities prosecuting these matters both in Australia and other jurisdictions including the US and the UK.

Investigations

Our investigations group operates across the firm, working with our subject-matter experts in technology, banking and finance, intellectual property, product liability, competition, M&A, property, employment and safety and tax practice areas. Ensuring the team remains at the forefront of emerging risk identification and management.

We've been at the coalface with law enforcement, regulators and corporates

We have people who have worked on both sides of the fence which gives us unique insight. Protecting your organisation calls for a deep understanding of the law and a global view of what others have done to tackle the thorny, on-the-ground, compliance issues associated with crime risks. Our multi-disciplinary team of experts in compliance and risk, transactions and investigations have a deep knowledge of international regulators' priorities and expectations. We understand the detail of Australian regulation and legal frameworks, the interplay and overlap between the risk areas and the international legal and regulatory context.

Our expertise runs deep, across all industries

Your industry may be more exposed to business crime risks and require a greater level of protection. Each area of business crime calls for detailed knowledge of the relevant regulation across all sectors and the risks that apply. Whether we are providing advice, due diligence or running a major investigation, we take a commercial and innovative approach to meeting objectives and solving problems. Our approach is adapted to fit the risk, importance and timing of the project or issue.

Our team will go that extra mile

Our AML and CTF team are members of the Financial Services Council’s AML and CTF working group and the Law Council of Australia's AML Working Group. Rachel Nicolson, the co-head of our Business Crime Team, is the Leadership Group Director for the UN Global Compact Australia Division for Bribery And Corruption.

Our experience spans steering clients through political and media responses to business crime incidents, including Senate Committee Hearings, Royal Commissions or similar activity in overseas jurisdictions.

Anti-bribery & corruption

Many Australian businesses operate in high risk jurisdictions from a bribery and corruption perspective. Bribery and corruption regulation has also become 'internationalised' in recent years, with far-reaching enforcement across jurisdictions. As a result, companies operating across international boundaries are required to align their business practices with more multiple jurisdictions' requirements.

Allens and Linklaters have the experience to advise you how to manage these obligations and will work with you to minimise your legal, commercial and reputational risks. Our team of experts can assist you to design and implement ABC risk assessments, policies, programs, training, communications and other controls. We can also assist you with undertaking internal investigations into alleged bribery and corruption and investigations or enquiries by domestic and international agencies in key jurisdictions such as the US and the UK.

Anti-money laundering

Anti-money laundering and counter-terrorism financing legislation and enforcement regimes have become increasingly complex and technical in recent years, accompanied by increasing scrutiny from law enforcement agencies and corporate regulators. The regulatory changes to these laws require constant monitoring, and internal corporate compliance procedures require frequent updating to keep pace.

Our AML and CTF experts advise on complex compliance scenarios – both current and emerging. We also bring experience of managing complex reporting lines and navigating broad product offerings required by financial services firms. We help financial services firms translate (both manually, and aided by technology) the very proscriptive, yet often unclear, requirements of the AML and CTF Act and Rules, and guidance from AUSTRAC, into practical compliance systems.

AML and CTF laws and regulations often have extraterritorial reach and affect an increasing number of business sectors beyond the financial services sector. As challenges associated with AML and CTF are frequently cross-jurisdictional in nature, the global reach of the Allens Linklaters partnership supports our team's ability to assist clients to navigate through these challenges.

export controls & Sanctions

Domestic, international and United Nations trade sanctions and export control regimes are complex and frequently changing. Many of these legal obligations have extraterritorial application which means that Australian companies and citizens may be subject to a range of laws regardless of the location of their business or activity.

The laws often demand urgent action by companies, and are subject to a broad range of shifting legal, political and economic pressures. Enforcement agencies and regulators across jurisdictions constantly scrutinise international trade, and can impose heavy penalties, as well as significant reputational damage, for noncompliance.

Allens' team has advised clients in Australia, Asia, the US and Europe on implementing policies and programs to ensure compliance with the wide array of sanctions and export control obligations. We provide our clients with expert and tailored assistance in understanding the application of sanctions and export control laws to their specific business operations, and we assist our clients in engaging with the various relevant regulatory authorities.

Allens, together with our alliance partner Linklaters, can help you navigate these laws across international borders, ensuring that we facilitate your corporate export and trade.