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Different Types Of Commercial Crimes Faced By The Business?

March 5, 2024    Corporate Lawyers Perth WA
Different Types Of Commercial Crimes Faced By The Business?

People rarely consider the possibility of their professional behaviour being illegal or that poor workplace actions could result in imprisonment when you might require the services of commercial crime lawyers in Perth. However, this is the reality. Organisations are penalised when business laws are violated, and executives are sentenced to jail.

Many workplace breaches are nonviolent, such as fraud, property crimes, or drug or alcohol-related offences. Regardless of the level of violence or the employee’s purpose for committing the crime, breaching the law can have serious consequences for the company, its employees, and its customers.

1. Ponzi Schemes

Ponzi schemes, often known as pyramid schemes, are investment scams that offer investors low-risk investments with huge returns. The high rates are paid to elderly investors using funds raised from gathering new investors. Investors’ rate of return is unaffected by market performance. You can contact the best commercial crime lawyers in WA to receive counselling regarding these issues.

Bernie Madoff ran a 20-year Ponzi scheme through his company. He gave out above-average profits on new client investments. In 2008, investors attempted to withdraw monies, but the Madoff organisation could not reimburse them. Madoff is currently serving a term of more than 100 years in prison.

2. Larceny and Embezzlement

Larceny and embezzlement are two types of theft that can occur in a business. Theft happens when someone illegally takes the personal property of another individual or business. For example, if an employee removes another employee’s computer to steal it, they may be charged with theft.

In contrast, embezzlement occurs when a person is entrusted with a valuable object and then refuses or fails to return it. For example, embezzlement occurs when an employee is entrusted with small cash at their office and purposely takes some of it for themself.

It is best to consider the counselling services offered by corporate law lawyers in WA to avoid getting involved in these illegal activities.

3. Environmental Crimes

Several federal laws govern the environment. Many of these laws have civil and criminal consequences for failure to comply.

The following federal legislation can impose criminal penalties:

    • Clean Air Act,
    • Clean Water Act,
    • Resource Conservation and Recovery Act,
    • Comprehensive Environmental Response, Compensation and Liability Act, and
    • Endangered Species Act.

It is suggested that every organisation follow these rules and regulations to avoid facing serious legal charges from the governing bodies and follow the advice of the best corporate litigation lawyers in Perth.

4. Violation of Antitrust Laws

Antitrust laws prohibit practices that limit trade or enhance market dominance. These regulations provide guidelines and control for corporate mergers and acquisitions to prevent market exploitation.

The purpose is to avoid monopolies when one entity controls a given market. Monopolies limit competition, which can hurt consumer prices. Refer to the services of corporate law solicitors in WA to learn everything about antitrust laws.

5. Racketeering

Loan sharking, money laundering, and blackmail are all examples of racketeering operations. Previously, the phrase had been used to describe criminal organisations. The phrase is being used to refer to other entities as well. RICO, or the Racketeer Influenced and Corrupt Organizations Act, is a federal legislation designed to deter and prosecute businesses and organised criminal networks.

Racketeering is no longer exclusive to organised crime. Health insurance firms and other respectable enterprises are accused of employing pressure methods similar to those used in organised crime racketeering.

These concerns include allegations of lying about the true cost of care, harming physicians’ businesses, intimidating patients, and seeking to dominate the doctor-patient relationship through deception and pressure approaches.

6. Bribery

Bribery occurs when monetary rewards, products, services, knowledge, or anything of value is transferred for favourable or desired behaviour. Bribery can be charged when you offer or accept a bribe. Bribery is unlawful both within and outside Australia.

Section 70(2) of the Criminal Code Act 1995 (Cth) forbids Australian firms from paying bribes to foreign government officials to influence overseas commercial outcomes. One form of bribery is when a pharmaceutical corporation provides unique rewards to persons who agree to prescribe their products.

7. Money Laundering

Money laundering is moving “dirty” money, or money earned via illegal activity, through otherwise legitimate businesses to make them appear “clean.” The money cannot be traced back to the illicit activities. Clean money is money gained through legitimate commercial transactions.

8. Spamming

Sending inappropriate commercial emails, also known as spam, is unlawful. While it is up to customers to use whatever programs they can to combat spam, rules are in place to discourage the transmission of spam.

States such as Perth in Australia are enacting legislation to limit spam and encouraging customers to play an active role in combating spam. In general, policymakers recognise that spam is a nuisance and are working to hold firms accountable for distributing spam communications.

Conclusion

Understanding that not all people charged with business or white-collar crimes are automatically guilty is crucial. Before a person may be convicted, they must be proven guilty.

Regardless, commercial and white-collar crimes harm the individual, the organisation where they worked, the neighbourhood, and customers. Work with commercial crime lawyers in Perth to learn about the laws you must not violate.

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