Defending Fraud Claims & Prosecutions

Peter Geary Falsely Accused by ASIC

I was a senior executive in a top 200 company in Australia, called the Australian Wheat Board (AWB) that worked for the company for 22 years. (AWB) got involved in a Royal Commission of Food. Through that Royal Commission there were findings made against me,…

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Defending Proceedings By Regulators

The reach of regulators is increasing. We safely steer you through the minefields that must be confronted when responding to regulatory investigations and/or proceedings commenced by regulators.

We identify the issues likely to emerge, how to confront them, and how to reduce the impact on your business.

We have very substantial experience representing corporations, company executives and officers and defending proceedings commenced by regulators such as ASIC, ACCC, APRA and the ATO.

Cases include allegations of: 

  • Anti-competitive conduct
  • Breach of duties under Corporations Act
  • Cartel conduct
  • Misleading and deceptive conduct
  • Misuse of market power
  • Unconscionable conduct

We can provide advice and representation in the following areas:

  • Assisting clients the subject of investigations by regulators including ASIC, ACCC
  • Assisting clients interested in Commissions of Inquiry and Royal Commissions
  • Defending proceedings commenced by regulators including ASIC, ACCC
  • Ombudsman investigations
  • Securities regulation and enforcement
  • Whistleblower complaints

Defending Civil Claims

We provide strategic legal advice, and representation to persons or organisations who are defendants in civil proceedings.

Typical civil cases include matters concerning:

  • Accounting fraud
  • Asset tracing – domestic and international
  • Breach of confidence
  • Breach of confidentiality
  • Breach of directors’ duties
  • Breach of trust
  • Conspiracy
  • Cryptocurrency fraud
  • Cybercrime
  • Deceit
  • Employee fraud
  • Elder abuse (financial)
  • Fraud by fiduciaries
  • Freezing Orders
  • Insurance fraud
  • Invoice fraud
  • Internet and eCommerce fraud
  • Knowing receipt and/or knowing assistance
  • Trade secrets, including misappropriation of confidential information and data theft
  • Unjust enrichment

Using our substantial experience and resources, we carefully review the evidence against claims and provide advice on best defence strategies. We identify manageable outcomes and focus on avoiding or limiting exposure to criminal prosecution and adverse financial consequences. We will tell you the prospects of successfully defending claims, and if necessary explore settlement opportunities to minimise the damage.

Defending Criminal Prosecutions

We support accused persons and organisations before and after charges are laid by police and law enforcement agencies.

White collar crime, commercial crime, fraud, call it what you will, is typically complex, involves a very substantial amount of documentary and electronic evidence, numerous relevant parties and often multi-jurisdictions. For that reason, it is virtually impossible to provide expert advice unless one is very familiar with the terrain.

What sets Duxton Hill apart from other expert criminal law firms is we have a single minded focus on cases concerning financial crime. We do not defend persons charged with drug offences, assaults or other criminal conduct. So our experience is focused and relevant.

Our founder and Principal, Andrew Tragardh is recognised in the criminal defence category of Best Lawyers in Australia.

Representation

  • At interviews or examinations
  • Defending criminal proceedings in Court (including advocacy at trial)

Advice

  • Before charges are laid or interviews conducted
  • Review of evidence to determine merits of prosecution case

Our expertise includes defending: 

  • Antitrust and competition

  • Blackmail

  • Bribery (including foreign bribery)

  • Cartel conduct

  • Confiscation and Proceeds of Crime

  • Corruption

  • False accounting

  • Financial institutions fraud

  • Making or using a false document

Confiscation/Proceeds of Crime

We have expertise in confiscation and forfeiture law – representing persons in exclusion order and forfeiture order applications.

Corruption in Public Office

Duxton Hill advises and represents persons and organisations the subject of investigations and hearings before state anti-corruption commissions:

  •  Independent Commission Against Corruption (New South Wales
  • Independent Broad-based Anti-corruption Commission (Victoria)
  • Crime & Corruption Commission (Queensland)
  • Corruption and Crime Commission (Western Australia)
  • Independent Commissioner Against Corruption (South Australia
  • Integrity Commission (Tasmania)

We can safely steer our clients through the minefields that must be confronted when responding to demands for the production of documents and appearing to give evidence.

We also assist our clients to understand the use which can be made of their evidence in any future legal proceedings. We identify the issues likely to emerge, how to confront them, and how to reduce or negate the impact. 

Disciplinary Inquiries

Duxton Hill has specialist experience in representing persons and organisations before professional bodies where it is alleged a client’s conduct fails to measure up to the standard of professional conduct of members of their profession.

We have valuable insight into the procedures, hearings, evidence and standard of proof of such inquiries.

We safely steer our clients through the minefields that must be confronted when responding to demands for the production of documents and appearing to give evidence.  

We also assist our clients to understand the use which can be made of their evidence in any future legal proceedings. We identify the issues likely to emerge, how to confront them, and how to reduce or negate the impact.

Defending Claims News

Dishonesty Is Not in The Eye of The Concealer

Dishonesty Is Not in The Eye of The Concealer

Case Note: Director of Public Prosecutions v Morley [2020] VSCA 313 In regards to Section 191 of the Crimes Act 1958 (Vic) In criminal proceedings where an accused is charged with fraudulently inducing persons to invest money by concealing material facts, the...

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What We Do