NCJ Number
131537
Date Published
1990
Length
82 pages
Annotation
The report identifies a number of significant issues regarding the prosecution of corporate crime in Australia, while concerning itself with company or organizational fraud and the responsibilities of directors. Two specific corporate crime cases are examined in detail.
Abstract
Within the general concept of corporate crime, this report concentrates on company or organizational fraud, the problems of criminal responsibility, and the responsibilities of directors and principals. An outline of the enforcement strategy in Australia against corporate crime and a qualitative examination of an organizational fraud case prosecuted by the NSW Corporate Affairs Commission are presented. Using two specific court cases initiated by the Corporate Affairs Commission in 1988, the problems for victims, defendants, and the court process are documented. One of the cases studied concerns a director of two proprietary companies, and the discussion of the legal position of the directors is emphasized. The other case concerns an unincorporated association and the officers of that association. In both, individuals, not companies, have been prosecuted for the alleged defrauding of investors. 75 references