Federal Court warns AUSTRAC it is in danger of being a ‘soft touch’

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Justice Michael Lee said Crown’s payment plan for a $450 million fine for “egregious” breaches cheapened the penalty by $44 million in real terms.

Crown Resorts says it cannot pay the $450 million penalty at onceThe nation’s financial crimes agency is in danger of being a “soft touch” because it has always reached an agreement with companies found to have acted inappropriately, the Federal Court has warned.

He ultimately accepted the deal but made the parties agree to speed up the repayment schedule if Crown’s cash position allowed, ordering that the company give AUSTRAC its financial reports and an affidavit from its CEO explaining whether it could repay the fine and, if not, why not, annually. “A danger arises that a sophisticated contravener will approach negotiations on the basis that it can present obstacles to making admissions, and delay and hold out to secure what they perceive to be the lowest possible permissible figure confident that the regulator will not take them on,” Justice Lee said in his decision on Tuesday. The fine was already at the lower end of an appropriate penalty for the casino giant’s “very egregious” lawbreaking, he added.

Justice Lee had previously said he was concerned that that penalties were not so small that they “encouraged people to behave in a way where it’s economically rational to break the law”.“can’t afford to pay more than we’ve agreed”,

 

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