Fraud, Anti-Bribery & Corruption

Litigation & Dispute Resolution

Litigation & Dispute Resolution » Fraud, Anti-Bribery & Corruption

Globalisation has seen companies extend their operations into jurisdictions with varying cultural and legal norms. In parallel, the reach of laws and regulator scrutiny of corporate actions has increased and extended beyond national borders exposing domestic companies with foreign operations to the commercial and legal risks associated with bribery, corruption and white collar crime in their overseas operations. However, these risks are not unique to multinationals, where location and size may be obstacles to day to day oversight of the business. Wherever the company and whatever its size, in a competitive global market, the risk of corruption, bribery, white collar crime and fraud is everpresent.

Aside from the negative reputational implications, internal investigations, white collar crimes and enforcement actions are serious matters which may expose companies and individuals to criminal, civil and administrative sanctions and prompt follow-on litigation by third parties. These matters are usually complex and require careful management to ensure the integrity of any investigation, preservation of the evidence, compliance with reporting obligations and to minimise the associated commercial risks.

Corrs has the forensic expertise, technical knowledge and experience in managing responses to incidents of white collar crime, bribery and corruption, whether those incidents become known as a result of routine compliance checks, whistleblower information or learned about when enforcement authorities come knocking. As well as managing internal investigations, regulatory investigations and prosecutorial actions, we have advised a range of multinationals, ASX listed companies and not for profits in relation to all of their bribery, corruption, white collar crime and fraud related issues and provided bespoke risk assessment and management solutions which reflect individual risk profiles.

Where litigation does eventuate, we have the expertise to defend it successfully. We bring deep commercial litigation experience, technical excellence and an understanding of the commercial risks to complex litigation.

Our Experts

Andrew Korbel.jpg

Andrew Korbel

Partner Location Sydney Profile
Annette Hughes

Annette Hughes

Consultant Location Melbourne Profile
TUCK John website grey SIZED TH

John Tuck

Partner Location Melbourne Profile
DO ROZARIO Michael website grey SIZED TH

Michael do Rozario

Partner Location Sydney Profile
Magness Phillip Website SIZED TH

Phillip Magness

National Forensic Technology Manager Location Melbourne Profile
Richard Flitcroft.jpg

Richard Flitcroft

Partner Location Sydney Profile
Sam Delany.jpg

Sam Delaney

Partner Location Sydney Profile
JOHNSON Simon2 website TH

Simon Johnson

Partner Location Sydney Profile
LEWISStanwebsitegreySIZEDTH.jpg

Stan Lewis

Partner Location Sydney Profile

Our Experience

ASIC proceedings

Corrs acted for Australia’s corporate regulator, the Australian Securities and Investment Commission, when it commenced court action in the name of a superannuation company. The company had suffered loss when its directors made numerous imprudent loans and took secret commissions.

The proceedings were against the directors (who were without financial substance), and importantly their insurers. Corrs was able to successfully negotiate a settlement which saw ASIC recover AUD 10 million for the beneficiaries of the superannuation company and AUD 2 million for ASIC’s costs.

More

Australian Wheat Board

Corrs is defending Trevor Flugge in relation to civil penalty proceedings brought by ASIC against him. The allegations being made involve alleged kickbacks paid by AWB Ltd to the Iraqi Government in breach of UN sanctions. Mr Flugge was the Chairman of AWB Ltd for a period of time during which it is alleged that kickbacks were paid.

The proceedings raise a number of complex issues including allegations that the harm suffered by AWB Ltd as a result of the payment of kickbacks included the loss of the “single desk” monopoly enjoyed by AWB Ltd through which all Australian wheat was marked at the time.

Proceedings have also been brought by ASIC against Peter Geary who was a senior manager at AWB Ltd.  The proceedings are currently listed for a 10 week trial commencing in October 2015.

Following the first war in Iraq, the UN implemented a program known as the “Oil-for-food program” whereby Iraq was able to sell oil and obtain humanitarian products.  It is alleged that AWB Ltd paid kickbacks to Saddam Hussein’s government in the course of supplying wheat to Iraq and in breach of the UN program.  The allegations as to payments of kickbacks were previously the subject of a Royal Commission which concluded in 2006.  Corrs also represented Mr Flugge in relation to the Royal Commission.

More

Our Thinking

A Seismic Shift: Commonwealth Government releases draft whistleblower legislation

The Commonwealth Government has released its exposure draft of proposed new whistleblower legislation.

More

‘Protecting David from Goliath’: Parliamentary Committee makes recommendations for new whistleblower reforms

The Federal Government has indicated the likely introduction of a revised scope of whistleblower protection legislation later this year. What can we expect it to contain?

More

Mortgage Fraud: ASIC gets tough on brokers

ASIC won’t be able to bear the burden of tackling mortgage fraud alone.

More

Australia’s Foreign Bribery Regime: Proposed reforms will heighten risk levels

Four days after announcing a consultation on deferred prosecution agreements, the Commonwealth government is consulting on reforms to Australia’s foreign bribery regime. These will create new offences and new risks if not managed well.

More

AUSTRAC Insights: Common failures in anti-money-laundering and counter-terrorism financing programs

All reporting entities should be reviewing their AML/CTF programs to ensure the errors and failings highlighted by AUSTRAC are not occurring in their business.

More

Nearly there? Deferred Prosecution Agreements

How will Deferred Prosecution Agreements work in Australia?

More

Anti-Bribery and Corruption: The Rolls Royce standard and the year ahead

The recent Rolls Royce case underlines the importance of reviewing your organisation’s present checks and balances.

More

Insider Trading: What can we learn from Australia's first corporate penalty?

Key lessons following the first civil penalty for a corporation’s insider trading.

More

What could the new Whistleblower regime look like and how will it affect your organisation?

How will changes to the whistleblower regime affect your day-to-day business operations, risk management and compliance procedures?

More

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

More

Anti-Bribery and Corruption Compliance - Do you pass the front page of the newspaper test?

6 April 2016 |

More

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

More

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

More

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

More

A fish rots (only) from the head?

The well-known maxim that a fish rots from the head down gives the clear message that when an organisation has failings, its leaders are to blame. Regulators are making a concerted push for greater enforcement powers- focussing on failures in corpora

More

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

More Download

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

More Download

“Go Directly to Jail. Do Not Pass Go! Do Not Collect $200” – It’s better to play a straight bat when complying with statutory notices from ASIC and the ACCC

Compliance with statutory notices is compulsory and going it alone is risky.

More

Outsourcing and bribery and corruption: A risky business?

Bribery and corruption is a serious risk for companies with offshore outsourcing operations.

More

Watch out for even broader reach of UK laws - The UK looks to create an offence of failing to prevent economic crimes

Companies doing business in the UK could soon be liable for the fraudulent activities of employees.

More

Corruption inquiry into the 2022 World Cup: A Qatar own goal could mean Australia hosts

Qatar could be stripped of its rights to host the World Cup if corruption allegations are substantiated. Could Australia take its place?

More

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

More Download

Australia will ramp up anti-bribery and corruption enforcement after OECD criticism

The Australian Government is ramping up efforts to identify and prosecute incidents of bribery and corruption. Companies must be aware of the upcoming changes and be ready for them.

More

Just how good is your anti-corruption and bribery policy? Will it save you from Court?

Companies must protect themselves with a robust anti-corruption and bribery program that if needed will stand up to investigation and prosecution.

More

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.

More Download

Our Experience

ASIC proceedings

Corrs acted for Australia’s corporate regulator, the Australian Securities and Investment Commission, when it commenced court action in the name of a superannuation company. The company had suffered loss when its directors made numerous imprudent loans and took secret commissions.

The proceedings were against the directors (who were without financial substance), and importantly their insurers. Corrs was able to successfully negotiate a settlement which saw ASIC recover AUD 10 million for the beneficiaries of the superannuation company and AUD 2 million for ASIC’s costs.

Australian Wheat Board

Corrs is defending Trevor Flugge in relation to civil penalty proceedings brought by ASIC against him. The allegations being made involve alleged kickbacks paid by AWB Ltd to the Iraqi Government in breach of UN sanctions. Mr Flugge was the Chairman of AWB Ltd for a period of time during which it is alleged that kickbacks were paid.

The proceedings raise a number of complex issues including allegations that the harm suffered by AWB Ltd as a result of the payment of kickbacks included the loss of the “single desk” monopoly enjoyed by AWB Ltd through which all Australian wheat was marked at the time.

Proceedings have also been brought by ASIC against Peter Geary who was a senior manager at AWB Ltd.  The proceedings are currently listed for a 10 week trial commencing in October 2015.

Following the first war in Iraq, the UN implemented a program known as the “Oil-for-food program” whereby Iraq was able to sell oil and obtain humanitarian products.  It is alleged that AWB Ltd paid kickbacks to Saddam Hussein’s government in the course of supplying wheat to Iraq and in breach of the UN program.  The allegations as to payments of kickbacks were previously the subject of a Royal Commission which concluded in 2006.  Corrs also represented Mr Flugge in relation to the Royal Commission.

Our Thinking

A Seismic Shift: Commonwealth Government releases draft whistleblower legislation

The Commonwealth Government has released its exposure draft of proposed new whistleblower legislation.

‘Protecting David from Goliath’: Parliamentary Committee makes recommendations for new whistleblower reforms

The Federal Government has indicated the likely introduction of a revised scope of whistleblower protection legislation later this year. What can we expect it to contain?

Mortgage Fraud: ASIC gets tough on brokers

ASIC won’t be able to bear the burden of tackling mortgage fraud alone.

Australia’s Foreign Bribery Regime: Proposed reforms will heighten risk levels

Four days after announcing a consultation on deferred prosecution agreements, the Commonwealth government is consulting on reforms to Australia’s foreign bribery regime. These will create new offences and new risks if not managed well.

AUSTRAC Insights: Common failures in anti-money-laundering and counter-terrorism financing programs

All reporting entities should be reviewing their AML/CTF programs to ensure the errors and failings highlighted by AUSTRAC are not occurring in their business.

Nearly there? Deferred Prosecution Agreements

How will Deferred Prosecution Agreements work in Australia?

Anti-Bribery and Corruption: The Rolls Royce standard and the year ahead

The recent Rolls Royce case underlines the importance of reviewing your organisation’s present checks and balances.

Insider Trading: What can we learn from Australia's first corporate penalty?

Key lessons following the first civil penalty for a corporation’s insider trading.

What could the new Whistleblower regime look like and how will it affect your organisation?

How will changes to the whistleblower regime affect your day-to-day business operations, risk management and compliance procedures?

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

Anti-Bribery and Corruption Compliance - Do you pass the front page of the newspaper test?

6 April 2016 |

Self incrimination, regulators and commissions – do I really have to answer that question? Part 2

This is our second article in this series. In this article we consider who can receive or make use of the transcript of a compulsory examination – including third parties – and the protections available to a person pleading a defence in court proceed

Reform fatigue as superannuation consultation commences once again

The Productivity Commission’s review into the competitiveness and efficiency of Australia’s superannuation system is underway with public consultation now occurring.

Self incrimination, regulators and commissions – do I really have to answer that question?

This is the first in a two-part series covering some of the issues arising from compulsory examinations, the privileges that may be available to a person being examined, and how the answers can be used.

A fish rots (only) from the head?

The well-known maxim that a fish rots from the head down gives the clear message that when an organisation has failings, its leaders are to blame. Regulators are making a concerted push for greater enforcement powers- focussing on failures in corpora

Financial advice: The computer will see you now – Six considerations for deploying robo-advice in Australia

Traditional financial services business structures are under threat from rapid digital innovation. Financial advisers are increasingly being replaced by sophisticated computer programs.

Governance-driven reforms stir controversy in superannuation sector

Superannuation has long been an emotionally charged area of Australian political debate. The highest standards of governance, coupled with regulatory stability, are essential to maintain the public’s confidence in a system which manages over $2 trill

“Go Directly to Jail. Do Not Pass Go! Do Not Collect $200” – It’s better to play a straight bat when complying with statutory notices from ASIC and the ACCC

Compliance with statutory notices is compulsory and going it alone is risky.

Outsourcing and bribery and corruption: A risky business?

Bribery and corruption is a serious risk for companies with offshore outsourcing operations.

Watch out for even broader reach of UK laws - The UK looks to create an offence of failing to prevent economic crimes

Companies doing business in the UK could soon be liable for the fraudulent activities of employees.

Corruption inquiry into the 2022 World Cup: A Qatar own goal could mean Australia hosts

Qatar could be stripped of its rights to host the World Cup if corruption allegations are substantiated. Could Australia take its place?

Damaged Goods. High price paid for warranty breach

Addressing unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of contract.

Australia will ramp up anti-bribery and corruption enforcement after OECD criticism

The Australian Government is ramping up efforts to identify and prosecute incidents of bribery and corruption. Companies must be aware of the upcoming changes and be ready for them.

Just how good is your anti-corruption and bribery policy? Will it save you from Court?

Companies must protect themselves with a robust anti-corruption and bribery program that if needed will stand up to investigation and prosecution.

Show me the money! Player agents and conflicts of interest!

Player agents operate in a competitive and lucrative industry. It is trite to say that professional sport in the 21st century is big business.

Our Experts

Andrew Korbel.jpg

Andrew Korbel

Partner Sydney + 61 2 9210 6537
Annette Hughes

Annette Hughes

Consultant Melbourne +61 3 9672 3506
TUCK John website grey SIZED TH

John Tuck

Partner Melbourne +61 3 9672 3257
DO ROZARIO Michael website grey SIZED TH

Michael do Rozario

Partner Sydney +61 2 9210 6566
Magness Phillip Website SIZED TH

Phillip Magness

National Forensic Technology Manager Melbourne +61 3 9672 3299
Richard Flitcroft.jpg

Richard Flitcroft

Partner Sydney +61 2 9210 6435
Sam Delany.jpg

Sam Delaney

Partner Sydney +61 2 9210 6598
JOHNSON Simon2 website TH

Simon Johnson

Partner Sydney +61 2 9210 6606
LEWISStanwebsitegreySIZEDTH.jpg

Stan Lewis

Partner Sydney +61 2 9210 6955