White Collar Crime: The Civil and Criminal Risks
This focused program will keep you right up to date with the hottest white collar crime issues. Delve into criminal conduct by senior management, regulating corporations & tackling corruption, legal professional privilege, the criminal risks of money laundering (AML), and civil confiscations. Gain insights from the experts and pick up practical tips & strategies to equip yourself with the unique skills & knowledge necessary to excel in this area. WEB216V06
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Robert Wyld, Consultant, Johnson Winter and Slattery; Preeminent White Collar Crime, Corporate Crime and Regulatory Investigations Lawyer, Doyle’s Guide 2020
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Understanding and Responding to Criminal Conduct by Senior Management
- Best practice regarding whistleblower protection
- Protected Disclosure Acts
- Federal legislation
- Gaps in Fair Work Act
- Protecting workers
- Qui Tam Law discussion
Presented by James D Catlin, Barrister, Owen Dixon Chambers West
9.50am to 10.35am Regulating Corporations and Tackling Corruption
- Foreign bribery laws
- Royal Commissions
- IBAC/ICAC etc. powers in respect of corruption
- Update on a Federal Anti-Corruption Agency
- Other relevant bodies e.g. AFP
Presented by Howard Rapke, Partner, Holding Redlich; Leading White Collar Crime, Corporate Crime and Regulatory Investigations Lawyer, Doyle’s Guide 2020
10.35am to 10.50am Morning Tea
10.50am to 11.35am Legal Professional Privilege: Current Issues
- The circumstances in which pre-litigation communications will be privileged
- Understanding the distinction between commercial communications and privileged communications and why it is important
- Challenges and considerations with respect to privilege in the early stages of disputes
- Eradication through statutory powers only to have to be reclaimed at trial
Presented by Susanna Ford, Partner, Arnold Bloch Leibler
11.35am to 12.20pm Proceeds of Crime Allegations and Managing the Criminal Risks of Money Laundering
- What constitutes money laundering?
- Key legislation and cases
- Policies and procedures to best manage risk with respect to money laundering
Presented by Dan Rogers, Legal Director, Robertson O’Gorman; Preeminent Criminal Defence Lawyer, Doyle’s Guide 2020, Accredited Specialist in Criminal Law
12.20pm to 1.05pm Federal Civil Confiscations (Proceeds of Crime Act 2002)
- Overview of the civil provisions of the Proceeds of Crime Act 2002 (Cth)
- Instruments of crime
- Pecuniary penalty orders
- The reverse onus: practical applications – Henderson v Queensland (2014) 255 CLR 1 and Commissioner of the AFP v Hart (2018) 262 CLR 76
- Who is a third party (i.e. who can defeat confiscation): Lordianto v Commissioner of the AFP (2019) 266 CLR 273
Presented by Edward Greaves, Barrister, Francis Burt Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Robert Wyld
Robert Wyld is a Consultant in Sydney office of Johnson Winter & Slattery. He practises in the area of Commercial Crime, Investigations and Tax Litigation. His work has a particular focus on regulatory investigations and prosecutions, white collar crime and fraud, sanctions, extradition and revenue and taxation disputes. Robert's bribery and corruption work includes: representing 4 former AWB officers before the Cole Inquiry into the AWB/Oil-For-Food wheat contracts with Iraq and subsequent civil litigation and criminal investigations by the Commonwealth Taskforce; conducting confidential bribery investigations in Australia, North and South America and the Asia Pacific Region for international corporations.
James D Catlin
James D. Catlin is a leading practitioner in the emerging area of Protected Disclosure or whistleblowing law which converges with his specialisation in the area of fraud. James is Chairman of Blueprint for Free Speech, a not for profit research organisation which conducts research and publishes best practice legislation in areas such as whistleblowing and freedom of speech. James interviewed 12 high profile whistleblowers in the UK during July 2013 as part of Blueprint’s empirical research and co-wrote Blueprint’s submissions to the UK House of Commons review of the Public Interest Disclosure Act 1998.
Howard Rapke
Howard has over 25 years' commercial dispute experience. He has an active practice in complex litigation and regulatory disputes, with substantial experience in acting for directors and officers in corporate disputes and prosecutions, fraud, bribery, white collar crime, regulatory investigations and large scale inquiries. Howard has been recognised by Best Lawyers as a leading practitioner in Litigation since 2017 and is listed in the 2017 edition of Doyle's Guide as a Leading Victorian Commercial Litigation & Dispute Resolution Lawyer.
Dan Rogers
Dan Rogers is the principal of Robertson O'Gorman Solicitors and an accredited specialist in criminal law. Dan regularly presents to other solicitors at Queensland Law Society conferences and seminars on criminal law. He also conducts guest lectures on criminal law at the University of Queensland. He has been published in various law journals and has contributed to legal texts on criminal law. Dan has a long association with Caxton Community Legal Centre where he is currently the President of that organisation. He is a member of the ethics committee of the Queensland Law Society.
Edward Greaves
Edward Greaves joined Francis Burt Chambers in Perth at the beginning of 2014. He practices in confiscations, proceeds of crime and criminal (financial and drug) cases. Edward is a recognised expert in the fields of proceeds of crime and criminal property confiscation. Edward acts for a diverse range of clients in these fields, including government, suspects, and third parties such as spouses, business partners and banks. Edward was awarded the Chief Justice's prize for best reader in his year. He also received the WA Bar Association's Essential Trial Advocacy Course Award for equal top performance in his year's Trial Advocacy course.
Susanna Ford
Susanna first joined Arnold Bloch Leibler in 2006 having previously worked with Freehills’ commercial litigation team in Sydney and as an adviser to the Commonwealth Attorney-General. In 2007, she took a position at the Commonwealth Attorney-General’s Department as Director of the Extradition Unit, and then as Assistant Secretary of the International Crime Cooperation Central Authority where she worked on international criminal law matters. In 2010, Susanna re-joined Arnold Bloch Leibler as a senior associate and was appointed as a partner of the firm in July 2014.