Our White Collar practice includes experts in criminal defence, as well as from a range of related practice areas including competition and anti-trust, banking and financial services, employment, and health and safety.
Our team is uniquely placed to provide clients with advice across the broad range of regulatory, criminal and quasi-criminal matters that arise in business. Minter Ellison Rudd Watts was the first major law firm in New Zealand to formally establish a white collar practice, bringing together the combined skills and experience that our lawyers have in this area for the benefit of our clients.
Many government agencies have wide powers to investigate and prosecute regulatory and criminal misconduct in business. Additionally, corporations, boards and directors are under increasing fiduciary and statutory obligations to investigate and action instances of suspected misconduct. It is imperative that companies and directors obtain quality advice as to potential liability in this area.
Our white collar experts have advised clients on a range of matters including:
Advising clients involved in government investigations (including by the Police, Serious Fraud Office, Securities Commission, Companies Office (NEU), Inland Revenue and Customs)
Defending major New Zealand companies in litigation taken by the Commerce Commission for alleged breaches of the Fair Trading Act 1986 and the Commerce Act 1986
Defending clients against allegations of cartel conduct by the Commerce Commission, including advising on amnesty/non-prosecution strategies under the Commission's leniency and co-operation policies
Acting for a number of company directors, with respect to investigations and/or prosecutions by government agencies for alleged breaches of director’s duties
Advising clients in relation to instances of alleged or suspected fraud and other criminal misconduct, including employee fraud
Advising clients regarding possible extradition to overseas jurisdictions
Advising on allegations of insider trading, securities fraud and money laundering, including defending clients in relation to criminal charges of money laundering under the Financial Transactions Reporting Act 1996
Providing advice to clients regarding appropriate steps to minimise risks under anti-money laundering and counter financing of terrorism (AML/CFT) laws (notably the Financial Transactions Reporting Act 1996 and the Terrorism Suppression Act 2002)
Assisting overseas counsel on a range of white collar matters, including acting as New Zealand counsel for a defendant in the internationally significant cartel prosecution United States Department of Justice v Stolt-Nielsen Transportation Group et al
Assisting clients to respond to court subpoenas and search warrants, requests to provide testimony and documentary evidence to investigating agencies, and in relation to the steps necessary to ensure the preservation of privileged and confidential information
Assisting clients with the implementation of compliance programmes and training to minimise and mitigate the risk of liability arising for white collar misconduct, including competition and anti-trust, AML/CFT, and bribery and corruption risks
