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White Collar Crime Lawyers Sydney

Charged with a white collar offence? Under investigation by ASIC, the AFP, or the ATO?. Or simply trying to understand what your legal rights are before things escalate?

Whatever stage you're at, the next step matters enormously.

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White collar crime matters in NSW move fast from investigation to charge, and from charge to serious consequence. The penalties for fraud, money laundering, bribery, and related offences include significant terms of imprisonment, substantial fines, disqualification from operating a business, and the reputational damage that follows. These are not matters to navigate alone, or with a lawyer who treats them as a secondary practice area.

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At Lehman Walsh Lawyers, white collar crime is a core specialisation, not an add-on. We bring together specialist criminal defence and deep financial crime compliance expertise under one roof, giving our clients something most Sydney law firms cannot offer: integrated representation from the moment an investigation begins to the resolution of any charges that follow.

Facing a white collar crime investigation or charge? Contact Lehman Walsh Lawyers for a confidential consultation. Early legal advice is the single most important step you can take.

What Is White Collar Crime?

White collar crime is a broad category covering financially motivated, non-violent offences typically committed in a commercial or professional context. The term covers a wide range of conduct, from individual acts of fraud through to complex, multi-party financial crime schemes that may span multiple jurisdictions.
In Australia, white collar offences are prosecuted under both NSW state legislation and Commonwealth law and the distinction matters significantly for how a matter is investigated, where it is heard, and what penalties apply.
 

White Collar Offences We Can Assist With

Our team advises and defends clients facing charges and investigations across the full spectrum of white collar crime in NSW and federally, including:

Criminal Defence

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  • Fraud: general, banking, insurance, and benefit fraud

  • Dishonesty offences under the Crimes Act 1900 (NSW)

  • Commonwealth fraud offences under the Criminal Code Act 1995

  • Tax fraud and evasion (ATO investigations)

  • Money laundering and proceeds of crime

  • Bribery and corruption: domestic and foreign

  • Insider trading and market manipulation

  • Cartel conduct and competition law offences

  • Identity crime and cybercrime with financial elements

  • Cryptocurrency fraud and digital asset offences

Regulatory & Compliance

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  • ASIC investigations and civil penalty proceedings

  • AUSTRAC / Anti-Money Laundering (AML) matters

  • AFP and ACIC investigations

  • NSW Crime Commission examinations and proceedings

  • Unexplained wealth and proceeds of crime matters

  • Director disqualification proceedings

  • Breach of duties: directors and officers

  • AML/CTF compliance failures

  • Counter-terrorism financing investigations

  • Financial crime compliance advisory

Specialist Expertise. Integrated Advice.

The distinction that matters most in a white collar crime matter is not just whether your lawyer understands criminal law, it is whether they understand the full landscape your matter operates in. Regulatory investigations precede criminal charges. Compliance failures create criminal exposure. Financial crime is both a legal and a regulatory problem simultaneously.

Most Sydney law firms handle one side of this. Lehman Walsh handles both.

Julian Balloot

Special Counsel — Criminal Defence

An exclusively criminal law career, from first admission to today.

  • Admitted as a solicitor at 22 to an exclusively criminal law practice 

  • Experience at the NSW Crime Commission (NSWCC), one of Australia's most powerful investigative bodies

  • Experience with the Australian Criminal Intelligence Commission (ACIC), Australia's national criminal intelligence agency

  • Practises across both state and federal criminal jurisdictions

  • Handles the full spectrum of serious criminal charges, including white collar, financial, and complex fraud matters

  • Regularly appears in the Local Court, District Court, Supreme Court of NSW, and Federal Court

  • Advises clients from the investigation stage through to trial and appeal

Janya Eighani

Managing Partner — Financial Crime, AML & Compliance

Over 10 years advising on financial crime, regulatory matters, and AML compliance.

  • Special Advisor,Legal at Cybertrace, Australia's specialist cyber fraud investigations firm

  • Expert in anti-money laundering (AML) and counter-terrorism financing (CTF) compliance

  • Advises on ASIC investigations, regulatory proceedings, and financial crime matters

  • Cryptocurrency fraud specialist, advising on digital asset crime, tracing, and recovery

  • Recognised media commentator on terrorism financing and financial crime (The Nightly, February 2025)

  • Experience in cross-jurisdictional financial crime and international fund tracing

  • Chair, Australia China Business Council (NSW) Property and International Investment Committee

  • Founded Lehman Walsh Lawyers in 2016. One of Australia's first law firms to specialise in startup and tech legal services

Why the Lehman Walsh combination matters

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White collar crime matters in NSW routinely involve both a criminal defence dimension and a regulatory compliance dimension running in parallel. ASIC may commence a civil investigation at the same moment the AFP considers criminal charges. An AML compliance failure may trigger both a regulatory response from AUSTRAC and criminal proceedings. Having Julian and Janya working together means your criminal defence strategy and your regulatory response are aligned, not siloed. This is uncommon in the Sydney market, and it is a meaningful advantage for our clients.

Our Approach to White Collar Crime Defence

White collar crime matters are rarely simple. They involve significant volumes of financial and documentary evidence, complex regulatory frameworks, multiple potential defendants, and investigations that can run for months or years before charges are laid. How you respond in the early stages shapes everything that follows.

Early Intervention

If you become aware that you are under investigation, whether through a search warrant, a summons, a notice to produce documents, or informal notification, contact us before you respond to investigators. The decisions made in the first days of an investigation have long-term consequences. Early, experienced legal advice is not a sign of guilt. It is good judgement.

Investigating the Evidence

We review the prosecution case thoroughly, identify weaknesses in the evidence, and assess whether proper procedures were followed in how evidence was obtained. In complex financial crime matters, the strength of the prosecution case often depends on forensic accounting, documentary evidence, and electronic communications, all of which require careful expert scrutiny.

Navigating the Regulatory Landscape

Many of our clients face parallel regulatory proceedings. ASIC civil proceedings, AUSTRAC compliance actions, or ATO investigations alongside or instead of criminal charges. We advise on both tracks simultaneously, ensuring that positions taken in one proceeding do not prejudice the other. This integrated approach requires lawyers who genuinely understand both criminal law and financial regulation. We do.

Protecting Your Reputation and Business

White collar crime investigations and charges have consequences beyond the courtroom. Director disqualification, asset restraint, reputational damage, and the impact on your business or professional career are all live concerns. We take a commercially and practically minded approach to these matters, not just a purely legal one.

What Happens When You're Investigated or Charged

Understanding the process helps. White collar crime investigations and prosecutions in NSW typically follow this pathway though the specifics vary depending on the agency investigating and whether the matter is being pursued under state or federal law.

05

Trial or

resolution

06

Sentencing

(if applicable)

04

Committal

proceedings

03

Bail

(if arrested)

02

Arrest or

summons

01

Investigation

phase

The investigating agency: ASIC, AFP, NSW Police, the NSW Crime Commission, AUSTRAC, or the ATO gathers evidence. This may involve search warrants, notices to produce, examination hearings, or surveillance. You may not be aware an investigation is underway.

If charges are to be laid, you will either be arrested and charged, or served with a Court Attendance Notice (summons). At this point, you must appear before a court.

If you are arrested, bail will be considered. For complex fraud and financial crime matters, bail conditions may include reporting obligations, passport surrender, and financial security.

In serious matters proceeding to the District or Supreme Court, committal proceedings in the Local Court determine whether there is sufficient evidence to put the case before a higher court.

The matter either proceeds to trial, where the prosecution must prove each element of the offence beyond reasonable doubt, or is resolved  through negotiation, plea, or dismissal.

If there is a conviction, we make detailed sentencing submissions. In white collar matters, submissions on good character, cooperation, personal circumstances, and the range of outcomes are particularly important.

Why Lehman Walsh Lawyers

Integrated expertise

Criminal defence and financial crime compliance in the same firm. Julian and Janya work together on matters that require both.

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State and federal jurisdiction

White collar crime matters often involve federal agencies and Commonwealth offences. We practise in both state and federal courts.

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Early intervention focus

We engage from the investigation stage, not just when charges are laid. The earlier we are involved, the more options are available.

Regulatory and compliance depth

Through Janya's work at Cybertrace and her AML/CTF expertise, we understand how financial crime is investigated, traced, and prosecuted, not just how to defend it.

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Boutique, direct access

You deal directly with the lawyers handling your matter. Not a junior team member. Not a paralegal. The people you speak to are the people doing the work.

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Flexible and transparent fees

Fixed fees where possible. Event-costed estimates for complex litigation. We believe clients facing serious legal matters should not also face billing uncertainty.

Frequently Asked Questions

What is a white collar crime and will I go to jail?

White collar crime is the term used for financially motivated, non-violent offences committed in a commercial or professional context. In NSW, this includes fraud, money laundering, insider trading, bribery, tax fraud, cartel conduct, and financial crime of various kinds. Whether a jail term is likely depends on the specific offence, the amount involved, whether it involved a breach of trust, your personal circumstances, and your criminal history if any. Many white collar matters are resolved without a custodial sentence, particularly where a person has no prior record and cooperates appropriately. However, serious white collar offences, including large-scale fraud and money laundering carry significant maximum penalties including terms of imprisonment. The critical factor is the quality of your legal representation, and how early you engage it.

I've been contacted by ASIC / the AFP / the ATO. Do I need a lawyer?

Yes. Immediately. You do not need to wait until you are charged. If you have been contacted by ASIC, the Australian Federal Police, the ATO, AUSTRAC, the NSW Crime Commission, or any other regulatory or law enforcement agency in connection with a financial or commercial matter, you should speak with a lawyer before responding to any request. Whether that is a voluntary interview request, a notice to produce documents, or a formal examination summons you should seek immediate legal help. In some investigations, what you say (or produce) at an early stage becomes the most significant evidence in the case. Early legal advice is not a sign of guilt. It is a right, and it is good sense.

What is the difference between a criminal investigation and a regulatory investigation?

A criminal investigation is conducted by law enforcement: the police, AFP, or specialist bodies like the NSW Crime Commission or ACIC. The aim is to lay criminal charges that, if proven, result in a conviction and a penalty including potential imprisonment. A regulatory investigation is conducted by a government agency )most commonly ASIC, AUSTRAC, or the ACCC) with the aim of imposing civil penalties, disqualification, enforceable undertakings, or other regulatory consequences. In white collar matters, both types of investigation often run simultaneously. ASIC may be investigating the same conduct the AFP is examining for criminal purposes. The strategy you adopt in one proceeding can directly affect the other, which is why having lawyers who understand both is essential.

What should I do if police execute a search warrant at my home or business?

Do not obstruct the warrant. You are required to allow officers to execute a lawful search warrant. However, you are not required to answer questions beyond confirming your identity. You have the right to remain silent, and you have the right to contact a lawyer. If a search warrant is executed, you should note the time, the officers present, what is taken, and any receipts provided and you should contact a lawyer as a matter of urgency. The items seized in a search become part of the evidentiary foundation of the prosecution case. Early legal review of the warrant and the conduct of the search can identify procedural irregularities that may be relevant to your defence.

Can I be charged with money laundering if I didn't know the money was dirty?

Knowledge specifically, whether you knew or suspected the money was the proceeds of crime is a key element of most money laundering offences in Australia. Under the Criminal Code Act 1995 (Cth) and state equivalents, the prosecution must generally prove that you knew or were reckless as to whether the funds were proceeds of crime. However, the boundaries of what constitutes 'recklessness' are contested and fact-specific. The prosecution does not need to prove that you knew the specific crime from which the money came. Being involved in a transaction that had obvious hallmarks of criminality (even if you did not ask questions) can be sufficient in certain circumstances. These matters are genuinely complex, and the factual circumstances of each case determine the strength of the available defences. Legal advice specific to your situation is essential.

What is the NSW Crime Commission and what powers does it have?

The NSW Crime Commission (NSWCC) is an independent statutory body with broad and exceptional investigative powers to investigate serious crime  including organised crime, financial crime, and drug offences in NSW. Its powers go significantly further than ordinary police powers. The Commission can compel individuals to attend private examination hearings, answer questions under oath, and produce documents regardless of whether criminal charges have been laid. Refusing to answer questions at an NSWCC examination is a criminal offence. The right to silence that applies in police investigations does not apply in the same way at NSWCC examinations. If you receive a summons from the NSW Crime Commission, legal representation is not optional. It is necessary. Our Special Counsel Julian Balloot has direct experience with the Commission and the legal framework governing its operations.

Can a business (not just an individual) be charged with a white collar crime?

Yes. In Australia, corporations can be criminally prosecuted for many white collar offences, including fraud, money laundering, cartel conduct, bribery, and breaches of the Corporations Act 2001. Where a corporation is charged, its directors, officers, and senior employees may also face personal liability, either as principal offenders or as accessories. Directors who were aware of criminal conduct and failed to take steps to prevent it can face personal criminal liability, even if they did not directly participate in the offence. If your business is under investigation, both the business and its key individuals need representation, and the interests of the entity and the individuals do not always align.

How long does a white collar crime investigation take?

Considerably longer than most people expect. Complex white collar investigations (particularly those involving ASIC, the AFP, or multiple agencies) routinely take 12 to 36 months, and some run for considerably longer. This is because financial crime investigations involve large volumes of documents, financial records, electronic communications, and often international evidence-gathering. During the investigation period, there may be restraint orders over assets, reporting conditions, international travel restrictions, and ongoing uncertainty about whether charges will ultimately be laid. Experienced legal representation throughout the investigation period (not just at the point of charge)  is critical for managing this process and for protecting your interests at every stage.

How long does a white collar crime investigation take?

Considerably longer than most people expect. Complex white collar investigations (particularly those involving ASIC, the AFP, or multiple agencies) routinely take 12 to 36 months, and some run for considerably longer. This is because financial crime investigations involve large volumes of documents, financial records, electronic communications, and often international evidence-gathering. During the investigation period, there may be restraint orders over assets, reporting conditions, international travel restrictions, and ongoing uncertainty about whether charges will ultimately be laid. Experienced legal representation throughout the investigation period (not just at the point of charge)  is critical for managing this process and for protecting your interests at every stage.

Get Legal Advice. Early.

The earlier you engage a specialist white collar crime lawyer, the more options you may have.. If you are under investigation, have been charged, or simply want to understand your position before a situation escalates, we are available for a confidential consultation.

Arrange a Confidential Consultation

Speak directly with a specialist. No obligation. Strict confidentiality.

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