Criminal Lawyers › Fraud & White Collar Crime
Fraud & White Collar Crime Lawyers — Investigation to Verdict
Fraud and white collar crime investigations often begin months or years before charges are laid — with AFP, ASIC, ATO, or ACIC involvement. If you are under investigation, have received a compulsory examination notice, or have been charged with a fraud-related offence, specialist criminal defence advice at the earliest possible stage is critical. Get connected with a fraud and white collar crime lawyer today.
⚠ If you have been contacted by the ATO, ASIC, ACIC, or AFP in relation to a suspected fraud or financial crime matter — do not respond without legal advice. Compulsory examination notices, production orders, and voluntary interviews all carry risks that require specialist advice. Get advice before responding.
What We Help With
Fraud and financial crime — investigations, charges, and defence.
White collar criminal matters range from individual fraud charges to large-scale corporate investigations. Early specialist representation reduces the risk of overcharging, protects against compelled disclosure, and positions the defence most effectively from the outset.
General Fraud & Dishonesty Offences
Obtaining financial advantage by deception, making false statements, dishonest appropriation — under state Crimes Acts and the Commonwealth Criminal Code. Covers online fraud, insurance fraud, and employment fraud.
Tax Fraud & ATO Investigations
Criminal investigation by the ATO or AFP for tax fraud, GST fraud, phoenixing activity, and income suppression. Compulsory examination notices and search warrants require immediate specialist legal response.
Corporate Fraud & ASIC Investigations
ASIC investigation for market manipulation, insider trading, director duty breaches, and Corporations Act offences. Compulsory examinations under the ASIC Act carry specific legal privilege considerations.
Identity Theft & Cybercrime
Identity crime, using a carriage service to commit fraud, and cybercrime offences under the Criminal Code Act — increasingly prosecuted at the federal level with access to significant investigative powers.
Money Laundering
Dealing with proceeds of crime, structuring transactions to avoid reporting, and money laundering charges under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Proceeds of crime recovery proceedings often accompany charges.
Centrelink & Benefits Fraud
Services Australia fraud investigations for welfare overpayments — ranging from administrative repayment processes to criminal prosecution for serious or deliberate fraud. Legal advice determines whether criminal charges are likely.
What the Law Says
Fraud investigations — powers, obligations, and your rights.
White collar crime investigations give regulators and prosecutors extensive powers. Understanding what you are required to do — and what you are not — before you respond to any investigation step is essential.
The right to silence in fraud investigations
The right to silence applies to voluntary police and regulatory interviews — you are not required to answer questions. However, some fraud-related investigations involve compulsory examination regimes (ASIC examinations, ATO formal interviews, ACIC compulsory examinations) where the right to silence does not apply in the same way. Legal advice before responding to any examination notice is essential — the difference between a voluntary and compulsory interview has major legal implications.
Compulsory examinations — ASIC, ACIC, and the ATO
ASIC has power to conduct compulsory examinations under the ASIC Act where a person may have information relevant to a suspected contravention. Similarly, the ACIC and ATO have compulsory information-gathering powers. Attendance is mandatory and answers cannot be refused on self-incrimination grounds in some regimes — although use immunity protections may apply. A lawyer must be present at these examinations to advise on privilege claims and object to improper questions.
Search warrants and production orders
Regulators and the AFP can execute search warrants to seize documents, devices, and records — and issue production orders requiring the provision of specific materials. A lawyer can challenge the scope of a warrant, advise on legally privileged material, and ensure that the execution of a search warrant does not result in improper seizure of material outside its scope. Understanding your rights during a search is critical to protecting the defence case.
Proceeds of crime and asset restraint
Criminal proceeds legislation allows the Commonwealth and states to restrain and confiscate assets connected to serious criminal activity — often before or independently of criminal charges. Restraining orders can freeze bank accounts, real property, and business assets. Challenging a restraining order requires urgent legal action — a lawyer applies to the court for exclusion of assets and, where appropriate, living and legal expenses orders.
Corporate liability and individual officers
Companies can be criminally liable for fraud and financial crime — but company officers (directors, executives, accountants, and advisers) face personal criminal liability separately. Where a company is under investigation, individual officers should obtain independent legal advice as soon as the investigation becomes known. The interests of the company and an individual director are often in conflict — particularly where cooperation with regulators is being considered.
Sentencing fraud and white collar crime — what courts focus on
Courts sentencing white collar crime consider the total financial loss involved, the degree of pre-meditation and sophistication, the period over which offending occurred, any breach of a position of trust, and the impact on victims. Imprisonment is a common outcome for large-scale fraud. Strong mitigation — including early plea, remorse, restitution, good character, and personal circumstances — can affect both the length of sentence and whether a custodial sentence is appropriate. Specialist preparation of fraud sentencing is a distinct skill.
How It Works
One request. Specialist fraud defence.
Tell us the nature of the investigation or charge, the agency involved, and any deadlines. A fraud and white collar crime lawyer will contact you for a confidential consultation.
Submit Your RequestDescribe the investigation or charge
Tell us the offence or investigation type, the agency involved (AFP, ASIC, ATO), your state, and any upcoming interview, examination notice, or court date.
Matched to a specialist lawyer
Your request is matched to a lawyer with experience in fraud and white collar crime matters — including investigation-stage representation, compulsory examinations, and complex trials.
Confidential consultation arranged
A specialist lawyer contacts you for a confidential consultation — advising on investigation risks, examination obligations, and the most effective approach to the matter.
Common Questions
Fraud & white collar crime — frequently asked questions.
The ATO has contacted me about a compliance matter — should I respond?
It depends on the nature of the contact. ATO civil compliance activity (audit, review) and ATO criminal investigation (referred to the AFP or Tax Crime unit) are fundamentally different. Responding to a civil audit incorrectly can generate evidence for a later criminal investigation. A specialist lawyer can assess the ATO's contact, advise on the nature of the inquiry, and determine the appropriate response — including whether a legal professional privilege claim should be considered.
Can I be convicted of fraud if I did not intend to defraud anyone?
Most fraud offences require a dishonest intent — you cannot be convicted of obtaining financial advantage by deception if there was no intention to deceive. However, the meaning of "dishonesty" in law is broader than ordinary usage — it includes conduct known to be dishonest by ordinary standards of reasonable people, even if the accused did not themselves think it dishonest. A lawyer assesses the prosecution evidence on the intent element before advising on plea.
What is the difference between a civil and a criminal fraud matter?
Civil fraud matters are brought by victims seeking compensation — in the Supreme Court of each state. Criminal fraud matters are prosecuted by the Crown (DPP) seeking punishment. The standard of proof differs: civil fraud requires proof on the balance of probabilities; criminal fraud requires proof beyond reasonable doubt. The two can run simultaneously — civil proceedings do not bar criminal prosecution and vice versa. A specialist lawyer advises on how to manage both proceedings where they overlap.