White Collar Law
White Collar Crimes
MacDougall and Hydes Lawyers specialise in providing professional legal representation for clients charged with white collar crimes, including fraud, money laundering, proceeds of crime, and insider trading. These offences involve financial manipulation and deceit, and they can carry severe penalties such as substantial fines, asset forfeiture, and imprisonment.
Whether you are facing charges for fraudulent activity, laundering money, dealing with proceeds of crime, or engaging in insider trading, the legal consequences can be significant. The courts treat these offences seriously, particularly when they involve large sums of money or affect financial markets and institutions.
If you are charged with any of these white-collar crimes, it is essential to seek experienced legal counsel to protect your rights. At MacDougall and Hydes Lawyers, we offer expert legal advice and support throughout the legal process, helping you understand your options and work toward the best possible outcome. Contact our office today for more information or to schedule a consultation.
Fraud
Fraud is a serious criminal offence in New South Wales and covers a broad range of dishonest conduct involving deception for personal or financial gain. These offences are prosecuted under section 192E of the Crimes Act 1900 (NSW) and can arise in a variety of contexts — from misleading conduct in personal relationships to complex financial or corporate schemes.
If you are being investigated for or charged with a fraud offence, it is crucial to obtain legal advice early. A conviction can result in a criminal record, imprisonment, loss of professional licences, and significant reputational harm.
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What is Fraud Under NSW Law?
Under section 192E(1) of the Crimes Act 1900 (NSW), a person commits fraud if they:
- By deception, dishonestly
- Obtain property or obtain any financial advantage or cause a financial disadvantage to another person.
The offence applies whether or not the deception resulted in a direct benefit to the accused. Importantly, “deception” can include false representations made orally, in writing, by conduct, or through omissions.
Examples of Fraud Offences
- Using false identification or forged documents
- Providing false information to obtain loans, Centrelink benefits, or COVID-19 support payments
- Credit card fraud or unauthorised use of another person’s financial details
- Corporate or employee theft involving manipulation of records
- Submitting false invoices or timesheets
- NDIS or healthcare-related billing fraud
Fraud offences often overlap with other charges such as forgery, uttering, stealing, or cybercrime.
Penalties for Fraud
The maximum penalty for fraud under section 192E is:
- 10 years imprisonment, if dealt with on indictment in the District Court.
However, if the matter is heard in the Local Court, the penalty is capped at:
- 2 years imprisonment per offence.
The court will consider several factors when sentencing, including:
- The amount of money or value of property involved
- The level of planning or sophistication
- Whether the offender was in a position of trust (e.g. employee, carer)
- Any prior criminal history
- Steps taken toward restitution or repayment
What the Prosecution Must Prove
To secure a conviction for fraud, the prosecution must prove beyond reasonable doubt that:
- The accused engaged in deception.
- They acted dishonestly according to the standards of ordinary people.
- Their actions resulted in obtaining property, a financial advantage, or causing a financial disadvantage to another.
Defences to Fraud Charges
Depending on the circumstances, defences to fraud may include:
- Lack of intent to deceive
- No dishonest conduct (based on community standards)
- Mistaken belief in entitlement to the money or benefit
- Duress or coercion
- Lack of causation – the alleged deception did not cause the financial loss
In some cases, early negotiations with the prosecution may result in withdrawal or downgrading of charges, especially where the evidence is weak, or restitution has been made.
How We Can Help
At MacDougall & Hydes Lawyers, we understand the complexity and sensitivity of fraud allegations. Whether you’re under investigation, facing court, or seeking to resolve the matter discreetly, we can:
- Provide clear, strategic advice from the outset
- Review the evidence and assess whether the elements of the offence are made out
- Engage with police or prosecutors early to negotiate outcomes or alternative charges
- Prepare persuasive court submissions to mitigate the impact of a conviction
- Represent you in Local or District Court proceedings
We handle fraud matters of all sizes — from minor offences to complex financial crime investigations.
If you are being investigated for or charged with a fraud offence, contact MacDougall & Hydes Lawyers today. We provide experienced, discreet, and strategic representation to protect your rights and guide you through every stage of the process.
Money Laundering
Money laundering involves dealing with the proceeds of crime in a way that conceals their origin or makes them appear legitimate. These offences are treated seriously under both state and Commonwealth law and can carry substantial penalties — including lengthy terms of imprisonment.
If you are being investigated or charged with money laundering, it is essential to obtain legal advice immediately. These cases often involve complex financial transactions, surveillance material, and multiple accused persons. At MacDougall & Hydes Lawyers, we provide experienced, strategic advice in serious financial crime matters.
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Money laundering offences may be prosecuted under either:
- Section 193B–193L of the Crimes Act 1900 (NSW), or
- Division 400 of the Criminal Code Act 1995 (Cth)
Which law applies depends on the nature of the alleged conduct, the amount of money involved, and whether the conduct occurred across state or national borders.
What is Money Laundering?
Money laundering includes a broad range of conduct involving:
- Dealing with proceeds of crime
- Concealing or disguising the source, location, or ownership of property
- Possessing, transferring, or receiving money or assets obtained through illegal activity
Common allegations involve drug supply, fraud, cybercrime, or tax evasion schemes, and may include the use of:
- Cash-heavy businesses
- Cryptocurrency
- Complex financial structures
- Offshore transfers or layering of transactions
Types of Money Laundering Offences
NSW Offences – Crimes Act 1900 (NSW)
The main offence is under section 193B:
- A person is guilty of money laundering if they deal with proceeds of crime, and:
- Intend to conceal that it is proceeds of crime; or
- Are reckless as to whether it is proceeds of crime; or
- Ought reasonably to know it is proceeds of crime
Penalties vary based on mental state:
- Intent to conceal – maximum 20 years imprisonment
- Recklessness – maximum 15 years
- Negligence – maximum 10 years
Commonwealth Offences – Criminal Code Act 1995 (Cth)
- Division 400 contains a wide range of offences depending on the value of money involved and the mental element (e.g. intent, recklessness, negligence).
- For example:
- Dealing with $1 million or more: up to 25 years imprisonment
- $100,000–$999,999: up to 20 years
- Under $100,000: up to 10 years, depending on the circumstances
What the Prosecution Must Prove
To secure a conviction, the prosecution must generally prove:
- That the accused dealt with property or money (e.g. transferred, received, moved, or used it)
- That the money or property was the proceeds of crime
- That the accused had the requisite mental state – intent, recklessness, or knowledge
Defences to Money Laundering
Available defences will depend on the specific charge and circumstances but may include:
- Lack of knowledge – the accused did not know and was not reckless as to the illegality of the funds
- No connection to criminal activity
- Duress or coercion
- Mistaken identity
- Failure by prosecution to prove that the funds were in fact proceeds of crime
In some cases, early negotiation can lead to withdrawal of charges or a reduction to lesser offences (e.g. possession of suspected proceeds of crime).
How We Can Help
At MacDougall & Hydes Lawyers, we have experience advising and defending clients in complex financial crime matters, including money laundering allegations at both state and federal levels. We can:
- Review and challenge the prosecution’s evidence, including financial records and surveillance material
- Advise you on your rights during the investigation phase, including dealings with the police or ASIC
- Engage forensic experts or financial analysts where appropriate
- Negotiate charge resolution or defend the matter at trial
- Make strong submissions to reduce penalties or seek alternatives to full-time custody
We also advise clients facing related asset seizure or proceeds of crime applications.
Contact Us
If you are being investigated or charged with a money laundering offence, contact MacDougall & Hydes Lawyers immediately. Our team will provide confidential, expert advice and work closely with you to protect your rights and future.
Proceeds of Crime
The law relating to proceeds of crime enables the government to seize and forfeit assets suspected of being derived from criminal activity. These proceedings can be brought even without a criminal conviction and often run parallel to criminal charges such as drug supply, fraud, theft, or money laundering.
If you have had property frozen or seized under proceeds of crime laws, or are under investigation, it is critical to seek immediate legal advice. At MacDougall & Hydes Lawyers, we provide strategic and discreet representation in both state and Commonwealth proceeds of crime matters.
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What Are “Proceeds of Crime”?
The term refers to money or property that is:
- Directly or indirectly derived from criminal activity, or
- Used in the commission of a crime
This can include:
- Cash
- Vehicles
- Real estate
- Cryptocurrency
- Jewellery, luxury goods, or electronic devices
- Funds in bank accounts
- Assets transferred to third parties (e.g. family members)
Relevant Legislation
Proceedings may be brought under either NSW or Commonwealth legislation, depending on the case:
NSW – Confiscation of Proceeds of Crime
- Criminal Assets Recovery Act 1990 (NSW)
- Handled by the NSW Crime Commission
- Allows civil forfeiture, where the state seeks to seize assets without requiring a criminal conviction
- Common in drug supply, fraud, or organised crime matters
Commonwealth – Federal Proceeds of Crime
- Proceeds of Crime Act 2002 (Cth)
- Administered by the Australian Federal Police (AFP) or CDPP
- Used in large-scale or transnational crime, such as money laundering, drug importation, cybercrime, and terrorism
- May include restraining orders, forfeiture orders, pecuniary penalty orders, and freezing notices
Types of Proceeds of Crime Actions
- Asset Restraining Orders – prevent sale, transfer, or disposal of property while investigations or charges are ongoing
- Forfeiture Orders – permanently transfer ownership of property to the state
- Pecuniary Penalty Orders – require a person to pay an amount representing the value of criminal benefits
- Unexplained Wealth Orders – require a person to justify assets that appear disproportionate to lawful income
Types of Proceeds of Crime Actions
- Asset Restraining Orders – prevent sale, transfer, or disposal of property while investigations or charges are ongoing
- Forfeiture Orders – permanently transfer ownership of property to the state
- Pecuniary Penalty Orders – require a person to pay an amount representing the value of criminal benefits
- Unexplained Wealth Orders – require a person to justify assets that appear disproportionate to lawful income
How We Can Help
Proceeds of crime matters are complex and high-risk. At MacDougall & Hydes Lawyers, we bring experience in both criminal defence and civil litigation to protect your rights and assets.
We act swiftly to:
- Respond to restraining orders and freezing notices
- File objections or exclusion applications
- Liaise with investigators and enforcement bodies on your behalf
- Advise you strategically in both state and federal matters
Whether you are a primary suspect or an innocent third party, our team is ready to help.
If your property has been restrained or you are facing a proceeds of crime investigation, contact MacDougall & Hydes Lawyers immediately. We offer expert advice and representation to help protect your liberty, reputation, and financial future.
Insider Trading
Insider trading is a serious criminal offence under Australian law. It involves using information that is not publicly available to gain an unfair advantage in financial markets. These matters are prosecuted under Part 7.10, Division 3 of the Corporations Act 2001 (Cth) and are typically investigated by the Australian Securities and Investments Commission (ASIC).
A conviction for insider trading can result in significant penalties, including imprisonment, fines, and permanent bans from holding financial or corporate positions. At MacDougall & Hydes Lawyers, we offer strategic, discreet, and expert defence in insider trading and other corporate crime matters.
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What is Insider Trading?
Under section 1043A of the Corporations Act 2001 (Cth), a person engages in insider trading if:
- They possess inside information; and
- They know or ought reasonably to know that the information is not generally available and would have a material effect on the price or value of a financial product; and
- They use that information to:
- Deal in relevant securities (e.g. buy or sell shares); or
- Encourage someone else to deal; or
- Disclose the information to another person.
What Is “Inside Information”?
To qualify as “inside information”, the information must:
- Not be generally available to the public; and
- Be price-sensitive — meaning a reasonable person would expect it to materially affect the price or value of a financial product if it were made public.
Examples include:
- Knowledge of an upcoming merger, acquisition, or takeover
- Financial results not yet released to the market
- Internal reports about losses, profits, or business risks
- Regulatory investigations or major contract wins or losses
Common Scenarios Leading to Charges
- A company executive trades in their own company’s shares ahead of a public announcement
- A friend or family member receives confidential information and uses it to invest
- An employee of an investment bank leaks confidential client information to another party
- Trading based on material non-public information overheard or obtained via professional relationships
Penalties for Insider Trading
Insider trading is prosecuted as a Commonwealth indictable offence and carries serious consequences.
Maximum penalties include:
- 15 years imprisonment
- Substantial fines (potentially millions, depending on the benefit obtained)
- Disqualification from managing a corporation
- Orders for confiscation of proceeds, pecuniary penalties, or restitution
ASIC may also pursue civil penalties or banning orders, even where no criminal conviction is secured.
What the Prosecution Must Prove
To secure a conviction, the prosecution must prove:
- The accused possessed information that was not generally available;
- The information was materially price-sensitive;
- The accused knew or ought to have known this;
- The accused used the information to trade, or disclosed it to another person who did.
These cases often involve complex evidence, including trading records, phone intercepts, emails, surveillance, and expert analysis.
Defences to Insider Trading
Depending on the facts, potential defences may include:
- The information was already generally available
- The trade was made without knowledge of the information (e.g. automated trading or discretionary portfolio management)
- The information was not price-sensitive
- The accused did not deal in the relevant financial products
- The accused had no control over the trading decision
- Lack of intent or honest and reasonable mistake
How We Can Help
At MacDougall & Hydes Lawyers, we provide confidential, strategic representation to individuals facing insider trading investigations or charges. We work with leading barristers, financial analysts, and forensic experts to build the strongest possible defence.
We can:
- Respond to ASIC interviews, notices, and compulsory examinations
- Analyse trading data and internal communications for evidentiary issues
- Challenge the prosecution’s interpretation of the information or its materiality
- Represent you in court, ASIC proceedings, or disciplinary tribunals
- Negotiate early resolution or penalty mitigation where appropriate
Legal advice is essential in determining whether there are grounds to challenge the prosecution’s case or negotiate alternative outcomes. If you are being investigated for or charged with insider trading, contact MacDougall & Hydes Lawyers today. These matters require discretion, expertise, and strategic defence — and we are ready to protect your interests at every stage.
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