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What the Law Says
White collar crime refers to dishonesty-based offences typically committed in commercial or professional settings. These offences often involve complex financial transactions, misuse of corporate power, or abuse of trust — and are treated seriously under Queensland law.
Common White Collar Offences in Queensland
Under the Criminal Code Act 1899 (Qld), a range of dishonesty-related offences are classified as white collar crimes, including:
- Fraud
- Money laundering
- Corruption
- Misappropriation of property
- Corporate misconduct
Among these, fraud is one of the most frequently prosecuted white collar offences and can carry severe penalties, especially where aggravating factors are present.
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Understanding the Offence of Fraud
Fraud involves dishonestly applying another person’s property for your benefit or the benefit of someone else. To be convicted, the prosecution must prove both dishonest intent and deliberate conduct.
Penalties for Fraud
- Base offence (s408C(1)): Up to 5 years imprisonment
- With aggravating factors (e.g. employee, trust property, victim lost $30K–$100K): Up to 14 years imprisonment
- With major aggravating factors (e.g. benefit or loss over $100K, or repeated offending): Up to 20 years imprisonment
Aggravating Factors That Increase Penalties
The severity of the penalty depends on the context and scale of the fraud. Aggravating circumstances include:
- The offender being an employee or director
- The offence involving a breach of trust
- Significant financial detriment caused to the victim
- Offences committed as part of a business model
Each of these factors can escalate the charge to one that carries a maximum of 14 or 20 years in prison.
Why White Collar Crimes Are Complex
Unlike many criminal charges, white collar offences often involve:
- Voluminous financial documentation
- Accounting or tax records
- Corporate governance structures
- Email trails and internal reports
Mounting a proper defence requires a deep understanding of financial and commercial practices, as well as the legal elements of dishonesty. Not every criminal lawyer is equipped to navigate these complexities — which is why you need a legal team with experience in this space.
Get Us in Your Corner
At Jones + Associates, we are frequently referred by commercial and corporate firms to assist clients facing white collar allegations. We bring a strategic, discreet, and experienced approach to defending fraud, corruption, and dishonesty charges.
Call us today on (07) 3229 3166 to speak with an experienced white collar defence lawyer in Brisbane.
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