AML/CTF regulatory defence and compliance, with strategic legal advice and representation throughout AUSTRAC investigations, enforcement action and related proceedings.
Holding Redlich combines practical knowledge of AML/CTF compliance with regulatory defence capability. We advise and represent businesses when their compliance arrangements or conduct come under AUSTRAC scrutiny.
As Australia’s expanded anti-money laundering and counter-terrorism financing (AML/CTF) regime moves into active regulatory supervision and enforcement, businesses must not only comply with their obligations but also be able to substantiate and defend their compliance arrangements and conduct. Early legal advice can be critical when AUSTRAC begins making enquiries, exercising compulsory information-gathering powers or investigating potential non-compliance.
We advise and represent businesses responding to AUSTRAC enquiries, notices and requests for information or documents, including requirements imposed by section 167 notices, as well as regulatory investigations and enforcement action. Our team assists clients to understand the scope and implications of AUSTRAC action, prepare and manage their response, address information and document production and, where relevant, preserve legal professional privilege. Where potential contraventions arise, we advise businesses and affected individuals on regulatory remediation and exposure under civil penalty and offence provisions, including Federal Court civil penalty proceedings, criminal financial penalties and, for individuals, potential imprisonment.
We advise businesses on whether particular service lines involve designated services and trigger obligations under the AML/CTF regime. Where the regime applies, we help businesses understand and meet the resulting obligations and establish compliance arrangements that operate effectively in practice and can be substantiated under AUSTRAC scrutiny.
Our AML/CTF team advises clients across the legal, accounting and property sectors, as well as other professional service providers. Its work encompasses compliance and risk management, strategic advice and representation in response to AUSTRAC scrutiny, investigations and enforcement action, and specialist legal support for professional advisers and their clients.
The firm has acted in significant AML/CTF regulatory and enforcement matters involving major regulated entities. This experience provides a detailed understanding of regulatory processes and the legal, operational and reputational issues that arise when businesses come under scrutiny. It informs our advice and representation from the outset of an investigation through enforcement action and any resulting proceedings.
Our AML/CTF regulatory defence practice is led by the Dispute Resolution and Litigation team, drawing on other areas of the firm’s expertise where required. This enables us to provide coordinated advice and representation throughout an investigation, enforcement action or resulting proceeding.
Our AML/CTF team provides strategic legal advice and representation to businesses responding to an AUSTRAC enquiry, notice, investigation or enforcement action, as well as advice on the application of the AML/CTF regime and the obligations that follow. To discuss the implications for your business and the appropriate legal response, contact a member of our AML/CTF team.
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