Corporate Crime & White Collar Crime

Corporate crime and white-collar crime are closely related but distinct areas of law. Corporate crime generally refers to unlawful conduct undertaken by a company, often through its officers or directors, to benefit the organisation or individuals. White-collar crime focuses on financially motivated, non-violent offences committed by individuals in professional roles, often in positions of trust or authority.

Corporate and white-collar crime are intricate, high-risk areas that attract significant scrutiny from regulators and prosecutors.

Alleged criminal conduct is typically identified through investigations by regulators and law enforcement agencies, including the use of compulsory notices, internal investigations, search warrants, examinations, enforcement action and court proceedings. Such matters often give rise to significant reputational, governance and commercial consequences for organisations, as well as for their directors, officers and employees.

Unlike other criminal defence firms Gilshenan & Luton have a recognised and specialised practice in these areas. 

Gilshenan & Luton advises individuals, officers, directors and organisations in corporate crime and white-collar crime matters. We provide clear, practical and strategic advice from the earliest stages of an investigation through to enforcement action, prosecutions and related proceedings. Our focus is on protecting our clients’ legal position while managing broader operational, commercial and reputational risk. 

Our work in this area includes advising and representing clients in relation to: 

• regulatory investigations, including compulsory examinations and provision of documents
• search warrants, interviews and other coercive investigative powers
• corporate and officer liability arising from regulatory and criminal investigations & defending prosecutions of corporate entities and officers in regulatory matters (such as work health and safety, environments and heavy vehicles)
• AFSL misconduct, breach reporting, licence suspension and cancellation 
• corruption and misconduct 
• foreign bribery
• fraud, market misconduct, insider trading and misleading conduct allegations
• anti-money laundering (AML) and counter-terrorism financing (CTF)       
• tax, insolvency and bankruptcy- related offences
• proceeds of crime and confiscations proceedings

In addition to significant criminal litigation experience, our team has a high-level of financial and corporate literacy, enabling us to provide advice and representation on complex and protracted corporate and white-collar crime matters.