Fraud, white collar and non-violent crime

Commonly asked questions about white collar and non-violent crime:

  • Embezzlement – theft or misappropriation of funds
  • Larceny – theft of property
  • Fraud – obtaining a financial or other gain through deception
  • Bribery and corruption – giving or receiving any benefit as an inducement or reward, or as a way of influencing someone to show favour or disfavour
  • Money laundering – these offences relate to the proceeds of crime and are often coupled with another substantial charge such as fraud or drug supply
  • Taxation offences
  • Insider trading – trading using inside information that is not generally available, and which will have an effect on the value of a financial product (any securities that may be traded on the stock exchange). Communicating inside information to others who are likely to use it to trade is also an offence.
  • Forgery – creating false documents, or altering documents so that they contain false information, for reasons of financial gain. Possessing items or equipment to make false documents with the intent of committing forgery, is also an offence.
  • Obtaining money by misleading statements
  • Unauthorised access to restricted data
  • Unauthorised modification of data

Environmental offences are numerous and can include:

  • Negligent industrial waste disposal
  • Illegal building works
  • Damaging the habitat of a threatened species
  • Illegal tree removal

Under the Environmental Planning and Assessment Act, a section 121B order may be issued, requiring compliance with specific conditions. Some examples of such orders include:

  • An order to cease using premises that are being used for a purpose that is prohibited, or has not had development consent
  • An order to demolish a building that has not had development consent
  • An order to make repairs or structural changes to a building that may become a danger to the public
  • An order to do, or stop doing certain things, to ensure adequate fire safety
  • An order to alter, move or demolish an advertisement that is unsightly or may injure the natural landscape

The maximum penalty for not complying with the order is a fine of $1.1 million, and an additional fine of $110,000 for each day thereafter that the order is not complied with. A section 121B Order may be appealed in the Land and Environment Court. We will advise you on your legal options if you have received an order.

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