Financial Crime

Our team of experts have a long history of partnering with defence lawyers to assist them in gathering, reviewing, and presenting evidence.

We can assist you with:

• Reviewing and providing commentary on the accuracy and reliability of the financial evidence relied upon by the Crown
• Identifying financial information of an exculpatory nature
• Helping with the formulation of questions to be directed to Crown experts at trial
• Critical case reviews including the Crown’s expert report and / or testimony
• Appraisal and advice regarding strengths and weaknesses of Crown reports
• Providing expert evidence for courts, tribunals, and Commissions of Inquiry

Our expert team can assist in all aspects of financial crime investigations, including:

• Assisting in the drafting and execution of search warrants, freezing orders (Mareva orders) and search orders (“Anton Piller” orders)
• Developing cost-effective investigation plans
• Maintaining and preserving evidence (particularly electronic)
• Retrieving and examining financial evidence
• Providing advice on the use of data analytics and data mining
• Planning for and interviewing witnesses or alleged offenders
• Tracing funds and / or assets
• Conducting financial analysis
• Managing financial evidence
• Preparing briefs of evidence
• Preparing expert accountants for courts, tribunals, or Commissions of Inquiry

Proceeds of Crime matters may be referred to as a criminal confiscation or civil confiscation. The Commonwealth and many of the States have enhanced their existing conviction-based confiscation powers with civil-based confiscation powers.

In the event that our experts are appointed to act on behalf of respondents (or the Crown) in confiscation proceedings, we are familiar with all the financial aspects of proceeds of crime work.

As financial crime experts, we are tasked with identifying what proportion of the respondent’s income can be shown to be lawful. In our experience, the principal causes of financial disputes in such matters is often:

• Arithmetical accuracy
• Double counting of expenditure
• Failure to identify the respondents’ lawful sources of income
• Incorrect assumptions
• Incorrect analysis methodology
• Failure to consider the respondents cash at the start of the analysis period.

Fraud awareness is critical in protecting any organisation. Our experts routinely provide fraud awareness training to Commonwealth and State Government Departments, Public companies, and law firms.

Benefits of providing such training to staff include:

• Staff are more likely to act to deter potential fraud
• Increased vigilance
• In the event that a fraud is committed, staff are more likely to report a fraud event

Often the Crown seeks to rely upon the Defendant’s unexplained income as evidence in support of the inference that the Defendant trafficked in illegal narcotics.

If we are appointed to act on behalf of the Defendant, our team brings with them a sound understanding of unexplained income. This is based on our experience in similar engagements (e.g., drug trafficking litigation) that also rely on evidence of unexplained income.

Our work for Defendants consists of identifying that proportion of the Defendant’s income that can be shown to be lawful. The principal causes of financial dispute in drug trafficking matters are often one of the following:

• Arithmetical accuracy
• Double counting of expenditure
• Failure to identify the Defendants lawful sources of income
• Incorrect assumptions
• Incorrect analysis methodology
• Failure to consider the Defendants cash at the start of the analysis period