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White Collar Crime & Regulatory Investigations

Holding Redlich's team assists clients in all aspects of criminal and regulatory investigations, with extensive experience in defending prosecutions by state and federal legislative bodies.

White Collar Crime & Regulatory Investigations

Our team has a focus on ensuring all forms of commercial crimes are expertly handled by those involved, with emphasis on our experience in acting for companies and individuals involved in criminal matters such as fraud, foreign bribery and civil penalty charges.

Expertise

Holding Redlich’s team led by Howard Rapke, has many years’ experience advising and representing companies and individuals being investigated or charged in relation to all forms of commercial crime, including fraud, foreign bribery, breaches of directors’ duties, anti-corruption matters and cartel charges, as well as prosecutions under Federal and Victorian criminal law. Holding Redlich is also experienced in advising, negotiating and securing indemnity for the payment of legal costs by employers, directors, officers and insurers.

In addition to assisting its clients with all aspects of criminal and regulatory investigations and prosecutions, the team is also experienced in defending prosecutions pursued by ASIC, the ACCC, the EPA Victoria and other state and federal regulatory bodies.

Managing partner Howard Rapke has been recognised by Best Lawyers, Doyle's Guide and Who's Who Legal for white collar crime, corporate crime and regulatory investigations.

"Howard Rapke is a well-established white-collar crime specialist who impresses sources with his handling of commercial criminal matters, regulatory investigations and high-profile inquiries". (WWL)

To assist clients in navigating Australia's anti-bribery laws, the team answers key questions about relevant domestic legislation, enforcement and sanctions, recent landmark investigations and more in the latest Anti-bribery & Corruption Comparative Guide published by Lexology Getting The Deal Through.

Lexology GTDT National Expert - Trade marks

Experience

  • acting for the former CEO of Note Printing Australia in Australia’s first foreign bribery prosecution, which resulted in the High Court ordering a permanent stay of the charges against Holding Redlich’s client
  • acting for a former employee of Sinclair Knight Merz (now Jacobs Group (Australia)) in a foreign bribery prosecution in the Supreme Court of New South Wales, in which Holding Redlich successfully ensured all charges against its client were withdrawn prior to trial
  • acting for an employee of a company investigated by the ACCC for alleged price fixing
  • acting for ASIC in investigating conduct of financial institutions and advising on civil penalty and criminal charges
  • acting for a stockbroker in an investigation by ASIC, subsequent criminal trial in the District Court of NSW and appeal in the NSW Court of Criminal Appeal, defending allegations of dishonest conduct in respect of investors’ funds
  • acting for a former CEO of a credit union in relation to charges commenced by ASIC alleging they had breached their duties as an officer by failing to provide information to the organisation’s board
  • acting for a group of companies who had been defrauded by their former bookkeeper to obtain freezing orders over assets and recover stolen funds
  • acting for a director of a trustee company in defending charges alleging misuse of trust property, and Supreme Court of NSW proceedings commenced by the NSW Crime Commission seeking orders under criminal assets recovery legislation
  • representing a company and its directors in relation to charges commenced by the EPA and the relevant local council in relation to alleged dumping of waste
  • acting for companies and individuals in proceeds of crime asset forfeiture applications brought by the AFP
  • acting for recipients of confiscation, restraint and forfeiture of asset applications commenced by both state and federal prosecutors
  • representing various organisations and individuals in response to investigations commenced by the Independent Broad-Based Anti-corruption Commission (IBAC) including:
    • Operation Ord
    • Operation Lansdowne
    • Operation Watts
  • representing various organisations and individuals in response to investigations commenced by the Independent Commission Against Corruption (ICAC), including:
    • Operation Tolosa
    • Operation Aero
    • Operation Credo
  • arising out of an investigation by the IBAC, representing an individual charged with conspiracy to defraud, knowingly dealing with proceeds of crime and conspiracy to pervert the course of justice
  • appearing on behalf of individuals at coercive hearings and interviews commenced by the IBAC, the ACCC, ASIC, the Australian Criminal Intelligence Commission (ACIC) and the Office of the Chief Examiner
  • responding to police search warrants and summonses to produce documents issued by the IBAC, the ACCC, ASIC and the Office of the Chief Examiner and asserting claims of legal professional privilege.

Recent Posts

20 December 2023 - Knowledge

Market manipulation – an evolving space to watch

#Superannuation, Funds Management & Financial Services, #White Collar Crime & Regulatory Investigations

Two recent ASIC investigations shed light on Section 1041A of the Corporations Act 2001, detailing what market manipulation is and the consequences for those found doing it.

05 July 2023 - Knowledge

Top issues referred to the new National Anti-Corruption Commission

#Dispute Resolution & Litigation, #White Collar Crime & Regulatory Investigations

The newly opened National Anti-Corruption Commission has already received 44 referrals for potential investigations. We look at issues that have been referred and what the NACC can do.

03 May 2023 - Knowledge

Quarterly update: Corporate crime, anti-bribery and corruption in Australia

#White Collar Crime & Regulatory Investigations, #Dispute Resolution & Litigation

A summary of important updates in the anti-bribery and corruption space this past quarter, including the establishment of the National Anti-Corruption Commission and the potential expansion of the Federal Court’s jurisdiction to hear corporate crime matters.

04 October 2022 - Knowledge

Introducing Australia’s National Anti-Corruption Commission

#Dispute Resolution & Litigation, #White Collar Crime & Regulatory Investigations

We explain what the federal government’s proposed National Anti-Corruption Commission is, how it will be set up, and what its powers are.

07 September 2022 - Knowledge

Proposed penalties raise the bar on competition and consumer law breaches

#Competition & Consumer Law, #White Collar Crime & Regulatory Investigations

The federal government intends to deter competition and consumer law breaches with the release of a Draft Bill that would see companies and individuals face significantly higher penalties.

06 July 2022 - Knowledge

Money transfer cartel sent cash and received jail time

#Competition & Consumer Law, #White Collar Crime & Regulatory Investigations

In an Australian competition law first, four individuals have received prison sentences for criminal cartel conduct after fixing foreign exchange rates and fees despite being employed by competing money transfer businesses.