Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully defended clients against various white-collar crime charges, ensuring the best possible outcomes. Our victories demonstrate our unwavering commitment to protecting our clients' rights and freedoms.
White Collar Crime Law Expertise
Our team has in-depth knowledge of white-collar crime laws. We expertly navigate the complexities of the legal system to ensure the best possible outcome for our clients.
Personalised Approach
We understand every white-collar crime case is unique. We take the time to understand your situation and tailor a strategy to achieve the best possible outcome.
Flexible Payment Options
We offer flexible payment plans to ensure you can access top-tier legal defence without financial strain.
Types of White Collar Crime Cases We Handle
Fraud
We provide robust defence strategies for clients charged with various types of fraud, including credit card fraud, investment fraud, and insurance fraud.
EMBEZZLEMENT
Our lawyers have extensive experience defending clients accused of embezzlement, focusing on protecting your rights and achieving the best possible outcome.
MONEY LAUNDERING
We handle cases involving allegations of money laundering, ensuring thorough and strategic defence to protect your freedom and reputation.
BRIBERY AND CORRUPTION
We defend clients against charges of bribery and corruption, working tirelessly to protect your rights and achieve the best possible outcome.
Tax evasion
We assist clients facing charges of tax evasion, providing comprehensive defence services to navigate complex financial regulations.
OTHER white collar CRIMES
We handle a wide range of white collar crime charges, including insider trading, forgery, and cybercrime, providing comprehensive defence services.
Protecting Your Rights: Actions We Can Take
At O’Brien Criminal and Civil Solicitors, our white-collar crime defence team understands the urgency of safeguarding your freedom. Here are some ways we can help you:
Mitigation Strategies
We work to reduce charges and penalties through strategic negotiations and legal arguments.
Seeking Apologies & Corrections
Our lawyers are experienced in applying for bail and ensuring you have the best chance of being released while awaiting trial.
Negotiating Settlements
We aim to achieve favourable plea deals or dismissals through effective negotiation
Litigating in Court
If necessary, we vigorously defend you in court to achieve the best possible outcome.
The most effective course of action depends on the nature of your case and the severity of the charges. Our lawyers will carefully evaluate all options and advise you on the path most likely to achieve your desired outcome.
Let us guide you through this difficult time. Contact the expert white-collar crime lawyers at O’Brien Criminal and Civil Solicitors today for a free initial consultation or to book a 15-minute consultation with a member of our legal team.
Meet Our White Collar Crime Defence Team
With over a decade of experience, our white-collar crime defence team has made us one of Australia’s leading criminal defence firms. Led by firm founder and Principal Peter O’Brien, our dedicated and enthusiastic team has defended clients in courts all over the country, including in the High Court of Australia.
No matter how big or how small your case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Senior Solicitor
Sidnie Sarang
Criminal Solicitor
Wilson Tighe
Criminal Solicitor
Elliot Rowe
Criminal Solicitor
Bethany Burns
Criminal Solicitor
Timothy Rayner
Criminal Solicitor
Matthew Hudson
Practice Manager
Mark Barnaville
Paralegal
Jackson Phillips
Paralegal
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The White Collar Crime Defence Process
1. Free Initial Consultation
If you are facing white-collar crime charges, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our white-collar crime lawyers will assess your situation, explain your legal options, and discuss flexible payment options.
2. Investigating & Building Your Case
Your Case: Your lawyer will meticulously gather evidence and develop a strategic defence, which may involve negotiating with prosecutors or preparing for trial.
3. Communication & Updates
Your lawyer will keep you informed about the progress of your case, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible outcome – whether that involves negotiating a plea deal, getting charges dismissed, or representing you in court proceedings.
Remember: White-collar crime law is complex and seeking expert legal advice is crucial. Our experienced solicitors are here to guide you every step of the way and fight to protect your freedom.
What to Do if You've Been Charged with a White Collar Crime
Facing charges for a white collar crime, such as fraud, embezzlement, or insider trading, can have significant legal and professional consequences. Here’s what to do to protect your rights and build a strong defence:
- Stay Calm and Compliant
- Remain Silent: olitely inform the authorities that you wish to remain silent and request a lawyer immediately. Anything you say can be used against you in court.
- Cooperate with Authorities: Do not resist arrest or argue with the authorities. Remaining calm and compliant can help avoid additional charges or complications.
- Document Everything
- Record Details: As soon as possible, write down everything you remember about the incident, including the time, location, people involved, and any conversations with the authorities.
- Collect Evidence: Gather any evidence that may support your defence, such as emails, financial records, and contact information of any witnesses.
- Contact a White Collar Crime Lawyer Immediately
- Seek Legal Advice: A specialist white collar crime lawyer will assess your situation, advise you on your rights, and develop a strategy to protect your interests.
- Understand Charges: Your lawyer will explain the charges against you, potential penalties, and your options for defence.
- Bail Application: If you are taken into custody, your lawyer can assist with applying for bail to secure your release while awaiting trial.
- Avoid Discussing Your Case
- Do Not Talk About Your Case: Refrain from discussing the details of your case with anyone except your lawyer. This includes family, friends, and colleagues, as statements can be used against you.
- Social Media: Avoid posting anything related to your case on social media, as these posts can be monitored and used as evidence.
- Prepare for Court
- Legal Representation: Ensure you have a competent lawyer to represent you in court. Your lawyer will guide you through the legal process, prepare your defence, and advocate on your behalf.
- Court Appearance: Attend all scheduled court dates. Failure to appear can result in additional charges and a warrant for your arrest.
- Know Your Rights
- Right to a Fair Trial: You have the right to a fair trial, including the right to challenge evidence, call witnesses, and testify in your own defence.
- Right to Bail: You have the right to apply for bail, and your lawyer can help you present a strong case for your release.
- Act Quickly
- Timely Action: The sooner you contact a lawyer, the better your chances of building a strong defence and protecting your rights.
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your defence.
Remember: Don’t face this alone. Let the white collar crime defence experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future. Whether you are facing charges for fraud, embezzlement, insider trading, or any other white collar crime, we are here to help.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on White Collar Crime Law
What is white collar crime in Australia?
White-collar crime in Australia refers to financially motivated, non-violent offences typically committed by business professionals, government officials, or individuals in positions of trust. These crimes often involve deceit, concealment, or violation of trust for financial gain. Common examples include:
- Fraud
- Embezzlement
- Insider trading
- Money laundering
- Tax evasion
- Bribery and corruption
White-collar crimes can have far-reaching consequences, affecting businesses, investors, and the broader economy. In Australia, these offences are investigated by various agencies, including the Australian Securities and Investments Commission (ASIC) and the Australian Federal Police (AFP), and can result in severe penalties, including substantial fines and imprisonment.
How is white collar crime criminal?
White-collar crime is considered criminal because it violates laws and regulations designed to protect financial systems, maintain market integrity, and ensure fair business practices. Although these offences don't involve physical violence, they can cause significant harm:
- Financial losses to individuals, businesses, and the economy
- Erosion of public trust in financial institutions and markets
- Undermining of fair competition and economic stability
White-collar crimes are prosecuted under various Australian laws, including the Corporations Act 2001, the Criminal Code Act 1995, and state-based criminal legislation. The criminal nature of these offences is reflected in the potential penalties, which can include imprisonment, hefty fines, and asset confiscation. The severity of punishment often depends on the scale of the crime and its impact on victims and society.
What is white collar vs black collar crime?
White-collar crime and black collar crime represent distinct categories of criminal behavior:White-collar crime:
- Committed by professionals in business or government
- Financially motivated and non-violent
- Examples: fraud, embezzlement, insider trading
- Often involves abuse of position or trust
Black collar crime:
- Refers to crimes committed by religious officials or clergy
- Can include both financial and violent offences
- Examples: embezzlement of church funds, sexual abuse
- Involves exploitation of religious authority or trust
While white-collar crime is a well-established legal term, "black collar crime" is less commonly used in legal contexts. Both types of crimes involve abuse of trust and can have severe impacts on victims and communities. However, white-collar crimes typically focus on financial gain, while black collar crimes can encompass a broader range of offences related to religious positions.
What are the top 3 white collar crimes?
The top three white collar crimes in Australia are:
- Fraud: This includes corporate fraud, tax fraud, and insurance fraud. It involves deception for financial gain, often through falsifying documents or misrepresenting information.
- Embezzlement: The misappropriation of funds by individuals entrusted with them, typically within a corporate or organizational setting.
- Money Laundering: The process of concealing the origins of illegally obtained money, often through a series of transfers or transactions.
These crimes can have significant financial impacts on businesses, individuals, and the economy. They often involve complex schemes and can be challenging to detect and prosecute, requiring specialized investigative and legal expertise.
Who investigates white collar crime in Australia?
Several agencies are responsible for investigating white collar crime in Australia:
- Australian Securities and Investments Commission (ASIC): Focuses on corporate and financial market misconduct.
- Australian Federal Police (AFP): Investigates complex fraud and corruption cases.
- Australian Taxation Office (ATO): Handles tax evasion and related financial crimes.
- Australian Transaction Reports and Analysis Centre (AUSTRAC): Specializes in money laundering and terrorism financing.
- Australian Competition and Consumer Commission (ACCC): Investigates cartel conduct and other anti-competitive practices.
These agencies often collaborate on complex cases. The Commonwealth Director of Public Prosecutions (CDPP) then prosecutes these crimes based on the evidence gathered by these investigative bodies.
What are the main defences to white collar crime in Australia?
The main defences to white collar crime in Australia include:
- Lack of Intent: Arguing that the accused did not have the necessary criminal intent (mens rea) to commit the offence.
- Mistake of Fact: Claiming that the accused acted under an honest and reasonable mistake about the circumstances.
- Duress: Asserting that the accused was forced to commit the crime under threat of harm.
- Necessity: Arguing that the criminal act was necessary to prevent a greater harm.
- Compliance with Professional Advice: Demonstrating that the accused acted in accordance with legal or financial advice from qualified professionals.
- Lack of Knowledge: Showing that the accused was unaware of the illegal nature of their actions.
The effectiveness of these defences depends on the specific circumstances of each case and the strength of the evidence presented.
What is the longest sentence for a white collar crime in Australia?
While specific sentences can vary, some of the longest sentences for white collar crimes in Australia have exceeded 10 years. For instance:
- In the Plutus Payroll case, involving a $105 million tax fraud scheme, the principal conspirator was sentenced to seven years and six months in jail.
- The collapse of HIH Insurance, one of Australia's largest corporate failures, resulted in a sentence of four and a half years for the former CEO.
- In severe fraud cases, sentences can reach up to 10-15 years, especially when multiple offences are involved.
The length of sentences depends on factors such as the scale of the crime, the amount of money involved, the level of sophistication, and the impact on victims. Courts also consider mitigating factors and the offender's personal circumstances when determining sentences.
