Regulatory Investigations & White Collar Crime

Expertise

Regulatory Investigations

When the need arises, we work with companies and individuals who may be the subject of civil and criminal proceedings arising out of a regulatory investigation.

Whether our clients seek proactive risk management through the development of policies and procedures or advice and representation in investigations and prosecutions, we work alongside them to help guide their businesses through an increasingly complex regulatory landscape.

Regulatory expertise

acting for both corporations and individuals in regulatory investigations and prosecutions
assisting clients in managing regulators’ monitoring and enforcement visits
advising on and creating compliance and risk management policies and programs tailored to the particular risks faced by different corporations and individuals
advising companies, directors and officers involved in external investigations and prosecutions brought by Commonwealth and state agencies.

White Collar Crime

Holding Redlich’s team led by Howard Rapke, has many years’ experience advising and representing companies and individuals being investigated or charged in relation to all forms of commercial crime, including fraud, foreign bribery, breaches of directors’ duties, anti-corruption matters and cartel charges, as well as prosecutions under Federal and Victorian criminal law. Holding Redlich is also experienced in advising, negotiating and securing indemnity for the payment of legal costs by employers, directors, officers and insurers.

In addition to assisting its clients with all aspects of criminal and regulatory investigations and prosecutions, the team is also experienced in defending prosecutions pursued by ASIC, the ACCC, the EPA Victoria and other state and federal regulatory bodies.

Managing partner Howard Rapke has been recognised by Best Lawyers, Doyle's Guide and Who's Who Legal for white collar crime, corporate crime and regulatory investigations.

"Howard Rapke is a well-established white-collar crime specialist who impresses sources with his handling of commercial criminal matters, regulatory investigations and high-profile inquiries". (WWL)

To assist clients in navigating Australia's anti-bribery laws, the team answers key questions about relevant domestic legislation, enforcement and sanctions, recent landmark investigations and more in the latest Anti-bribery & Corruption Comparative Guide published by Lexology Getting The Deal Through.

Lexology GTDT National Expert - Trade marks

Experience

Regulatory experience

Administrative Appeals Tribunal (AAT)

Acted for Beyond Productions, an Australian screen producer, in AAT proceedings seeking a review of a decision by Screen Australia to refuse to grant a producer offset certificate under the Income Tax Assessment Act 1997 (Cth) in respect of a documentary series. Acted for Beyond Productions in subsequent Federal Court proceedings appealing the decision of the AAT to uphold Screen Australia’s decision.

Australian Building and Construction Commission (ABC)

Acting for the Office of the ABC Commissioner in investigations and prosecutions arising out of contraventions by building industry participants of the Fair Work Act 2009 (Cth) and Building and Construction Industry Improvement Act 2005 (Cth), including a sham contracting/underpayment prosecution in Queensland.

Australian Competition and Consumer Commission (ACCC)

advising and representing businesses in respect of competition law investigations by the ACCC
advising on and preparing ACCC notifications in respect of proposed engagement of exclusive service suppliers
advising on and preparing ACCC authorisations in respect of proposed joint venture arrangements between competitors for the provision of various services
advice and preparation of ACCC authorisations and notifications in respect of joint ventures and exclusive supply arrangements
providing submissions and dealing with information requests from the ACCC in respect of mergers in the Australian media sector.

Australian Communications and Media Authority (ACMA)

most recently, Holding Redlich has acted for a major broadcaster in seeking ADJR Act review of a refusal by the ACMA to alter the boundaries of a radio broadcasting licence area
acting for Today FM, a commercial radio licensee, in respect of an ACMA investigation into alleged breaches of the Commercial Radio Australia Codes of Practice following a broadcast.
successfully acting for the licensee in Administrative Appeals Tribunal proceedings seeking a review of a decision by the ACMA to impose an additional licence condition on the licensee following the ACMA investigation
acting for Radio 2UE Sydney, a commercial radio licensee, in Federal Court of Australia proceedings relating to a decision by the ACMA to impose civil penalties against the licensee for breaches of the Broadcasting Services Act 1992 (Cth). This was the first civil penalties case under the legislation.

Australian Prudential Regulation Authority (APRA)

acted for companies within the Calliden Group, a general insurer, in two separate Federal Court of Australia proceedings seeking approval of schemes under the Insurance Act 1973 (Cth) to transfer their insurance business to other companies within the group to effect a corporate restructure. The application included preparing submissions to APRA to grant approval to the proposed schemes
acting for companies within the XL Re Group, reinsurance companies registered in Australia as foreign companies, in respect of a Federal Court of Australia application seeking approval of a scheme under the Insurance Contracts Act 1973 (Cth) to transfer its reinsurance business to another company within the group to effect a corporate restructure. The application included preparing submissions to APRA to grant approval of the proposed scheme.

Australian Securities and Investments Commission (ASIC)

acted for a former stockbroker and authorised representative of a financial services licensee in an ASIC investigation, and subsequent District Court of NSW criminal proceedings, commenced by the Commonwealth DPP. The investigation and subsequent trial related to allegations of forgery and dishonest conduct against the stockbroker in providing false and misleading information to investors
acted for a former employee of a company in respect of an ASIC investigation against the company alleging breaches of insider trading and market manipulation provisions under the Corporations Act 2001(Cth). Advised our client on compliance issues relating to a notice served by the ASIC under s33 of the Australian Securities & Investments Commission Act 2001 (Cth) seeking production of documents for the purposes of the investigation
acted for a commercial radio licensee in respect of an application to the ASIC to execute documents under a business sale agreement, to transfer property which had been vested in the ASIC under the Corporations Act 2001 (Cth) following the deregistration of the transferor company
applying for and obtaining approval for a receiver to conduct public examinations under the Corporations Act
negotiating with ASIC concerning the conduct of an insolvency practitioner in a voluntary administration – litigation and non-litigation.

White Collar Crime experience

acting for the former CEO of Note Printing Australia in Australia’s first foreign bribery prosecution, which resulted in the High Court ordering a permanent stay of the charges against Holding Redlich’s client
acting for a former employee of Sinclair Knight Merz (now Jacobs Group (Australia)) in a foreign bribery prosecution in the Supreme Court of New South Wales, in which Holding Redlich successfully ensured all charges against its client were withdrawn prior to trial
acting for an employee of a company investigated by the ACCC for alleged price fixing
acting for ASIC in investigating conduct of financial institutions and advising on civil penalty and criminal charges
acting for a stockbroker in an investigation by ASIC, subsequent criminal trial in the District Court of NSW and appeal in the NSW Court of Criminal Appeal, defending allegations of dishonest conduct in respect of investors’ funds
acting for a former CEO of a credit union in relation to charges commenced by ASIC alleging they had breached their duties as an officer by failing to provide information to the organisation’s board
acting for a group of companies who had been defrauded by their former bookkeeper to obtain freezing orders over assets and recover stolen funds
acting for a director of a trustee company in defending charges alleging misuse of trust property, and Supreme Court of NSW proceedings commenced by the NSW Crime Commission seeking orders under criminal assets recovery legislation
representing a company and its directors in relation to charges commenced by the EPA and the relevant local council in relation to alleged dumping of waste
acting for companies and individuals in proceeds of crime asset forfeiture applications brought by the AFP
acting for recipients of confiscation, restraint and forfeiture of asset applications commenced by both state and federal prosecutors
representing various organisations and individuals in response to investigations commenced by the Independent Broad-Based Anti-corruption Commission (IBAC) including:
- Operation Ord
- Operation Lansdowne
- Operation Watts
representing various organisations and individuals in response to investigations commenced by the Independent Commission Against Corruption (ICAC), including:
- Operation Tolosa
- Operation Aero
- Operation Credo
arising out of an investigation by the IBAC, representing an individual charged with conspiracy to defraud, knowingly dealing with proceeds of crime and conspiracy to pervert the course of justice
appearing on behalf of individuals at coercive hearings and interviews commenced by the IBAC, the ACCC, ASIC, the Australian Criminal Intelligence Commission (ACIC) and the Office of the Chief Examiner
responding to police search warrants and summonses to produce documents issued by the IBAC, the ACCC, ASIC and the Office of the Chief Examiner and asserting claims of legal professional privilege.