Corporate anti-money laundering and proceeds of crime litigation

Expert advice to navigate the complexities of anti-money laundering, proceeds of crime laws and sanctions. 

Our experienced legal practitioners advise business leaders, directors, C-Suite executives and professional advisers in the identification of issues, compliance with or responses to risks relating to anti-money laundering (AML) and proceeds of crime laws, as well as sanctions.

Our team can help by creating and delivering programs to build awareness of the basis, risks and potential ramifications of sanctions, anti-money laundering and proceeds of crime laws and designing and implementing company or transaction-specific strategies to ensure compliance with sanctions, anti-money laundering and proceeds of crime laws.

We carry out or guide strategic or transaction-specific due diligence to avoid inadvertent breaches and are experienced in representation in legal proceedings involving sanctions, anti-money laundering and proceeds of crime laws. This includes civil and criminal enforcement actions, such as asset seizure or confiscation. We also assist with negotiation with federal enforcement agencies.

Experience

• anti-money laundering;
• directors' duties and other obligations under the Corporations Act;
• proceeds of crime;
• sanctions;
• responding to investigations by government agencies involved in anti-money laundering, proceeds of crime and sanctions enforcement, including the Australian Border Force (ABF), Australian Crime Intelligence Commission (ACIC), Australian Federal Police (AFP), Australian Securities Investments Commission (ASIC), Australian Taxation Office (ATO) and the Australian Transaction Reports and Analysis Centre (AUSTRAC); 
• white collar crime.

How can money laundering and sanctions offences impact business?

Money laundering covers activities that conceal the true source of money that is reasonably believed to be the proceeds of crime. Trade-based money laundering is generally intended to shift assets to, or to move them around inside, ‘safe’ foreign jurisdictions, and each party involved in the transaction chain is potentially at risk – even if that party is unaware of the true circumstances in which it has become involved. 

Offences also occur where sanctions laws are breached – either by dealing with sanctioned parties or in sanctioned assets. The Federal government now has the power to impose autonomous sanctions to address particular issues (known as thematic sanctions) which include threats to international peace and security, malicious cyber activity, serious violations or serious abuses of human rights or activities that undermine good governance or the rule of law under the Autonomous Sanctions Act 2011.  

Risks and consequences

Sanctions, anti-money laundering and proceeds of crime laws have created a rapidly-growing risk profile for an increasingly large segment of the corporate world – particularly in relation to foreign finance and trade. Assets can be seized or forfeited, civil and criminal liability can arise and large  fines and penalties – including imprisonment - may apply,  even if participants were unaware of their involvement in unlawful or sanctioned transaction.

Recognition

HopgoodGanim has been ranked by Doyle's Guide as a Leading Commercial Litigation & Dispute Resolution Law Firm in Queensland from 2016-2021. Special Counsel Hui Ling Dean has been recognised with the Australian Federal Police Commissioner’s Group Citation for Conspicuous Conduct for her earlier time in the Criminal Assets Litigation team at the AFP.