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国际金融犯罪代写-CLAW6031
时间：2022-06-29
THE UNIVERSITY OF SYDNEY
SCHOOL OF BUSINESS
Discipline of Business Law
CLAW6031 – INTERNATIONAL FINANCIAL CRIME
Semester 1, 2020
FINAL EXAMINATION
Duration: 2 hours
SID ___________________________________
INSTRUCTIONS TO CANDIDATES:
There is a total of TWO questions.
ALL QUESTIONS ARE COMPULSORY.
The Questions have DIFFERENT MARKS.
This is an open book examination with students having access to material on their computers and the
internet, as well as other material.
The examination is worth 60% of the total marks of the subject.
There is a MAXIMUM WORD LIMIT in writing this exam, namely 1,600 WORDS in TOTAL.
If students write more than 1,600 words, the examiners will not read extra words that are used.
Question 1 This Question is COMPULSORY.
It is worth 40 marks.
Croesus Ltd (Croesus), an Australian registered gold mining company, plans to acquire gold
leases in Zambia, which is ranked as highly corrupt by Transparency International. Croesus
creates a new foreign subsidiary in Cayman Islands called Moro Limited, for the purpose of
entering into the gold mining market in Zambia.
Fastagus is an Australian national living in Cayman Islands and a non-executive director of
Croesus. Given Fastagus’ political connections to Zambia, Moro Limited hires Fastagus as an
advisor for its new business in Zambia. Moro Limited agrees to pay Fastagus an annual
retainer of US$500,000 and a US$1million commission for every lease that is granted to
Moro Limited.
At a meeting in Melbourne, Australia, Fastagus hires Iris, the wife of the Minister of Mining
of Zambia. Fastagus agrees to pays Iris a salary of US$100,000 with a commission of
US$700,000 for every lease that Moro Limited secures in Zambia. This meeting is also
attended by senior executives of Croesus who give their approval to this arrangement.
Jonathan, an Australian national who is also the Chief Financial Officer of Croesus,
authorises a payment of US$100,000 to Lonzo, a public official in the Department of
Customs and Border Control in Zambia to facilitate the ‘quick entry’ of mining equipment
into Zambia. The mining equipment is used by Moro Limited to explore potential mining
sites. Jonathan makes a record of the US$100,000 payment describing it as “consultation
expense”.
The Department of Mining awards Moro Limited ten gold mining leases in Zambia.
Subsequently, Moro Limited pays a commission of US$10 million to Fastagus, while
Fastagus pays Iris a commission of US$7 million.
SPECIFIC QUESTION
What is the risk that any person has committed criminal offence(s) under Australian
law? You should refer to the provisions in the Criminal Code 1995 (Cth).
Question 2 This Question is COMPULSORY.
It is worth 20 marks.
Johnson Pty Ltd is a specialist computer security firm based in Australia. In 2019 Matthey, a
disgruntled employee of Johnson Pty Ltd, launched a targeted cyberattack on Fonzo Investment
Bank Inc, a Delaware (US) company, to acquire information on merger and acquisition (M&A)
deals involving several Australian registered companies, including Redscope Ltd and
Gyropose Ltd that are listed on the New York Stock Exchange (NYSE), and Pharmon Ltd that
is listed on the Australian Securities Exchange (ASX).
Matthey sells the confidential information about the proposed M&A deals to Sophia, who is
head of proprietary trading at Lockquarrie Investment Bank Ltd (Lockquarrie) in Australia. On
behalf of Lockquarrie, Sophia uses the information to buy shares in Pharmon Ltd on the ASX.
Sophia also buys shares in Redscope Ltd and Gyropose Ltd on the NYSE.
Sophia makes US$5 million in personal profits from her US trades in Redscope Ltd and
Gyropose Ltd, while Lockquarrie makes AU$50 million as a result of Sophia’s trading
activities in Pharmon Ltd.
SPECIFIC QUESTION
Advise the Australian Commonwealth Director of Public Prosecution whether Matthey, Sophia
and/or Lockquarrie have committed the criminal offence of insider trading in Australia, and
whether the ‘information barrier’ defence/exception is available to Lockquarrie.
THIS IS THE END OF THE QUESTIONS
SCHOOL OF BUSINESS
Discipline of Business Law
CLAW6031 – INTERNATIONAL FINANCIAL CRIME
Semester 1, 2020
FINAL EXAMINATION
Duration: 2 hours
SID ___________________________________
INSTRUCTIONS TO CANDIDATES:
There is a total of TWO questions.
ALL QUESTIONS ARE COMPULSORY.
The Questions have DIFFERENT MARKS.
This is an open book examination with students having access to material on their computers and the
internet, as well as other material.
The examination is worth 60% of the total marks of the subject.
There is a MAXIMUM WORD LIMIT in writing this exam, namely 1,600 WORDS in TOTAL.
If students write more than 1,600 words, the examiners will not read extra words that are used.
Question 1 This Question is COMPULSORY.
It is worth 40 marks.
Croesus Ltd (Croesus), an Australian registered gold mining company, plans to acquire gold
leases in Zambia, which is ranked as highly corrupt by Transparency International. Croesus
creates a new foreign subsidiary in Cayman Islands called Moro Limited, for the purpose of
entering into the gold mining market in Zambia.
Fastagus is an Australian national living in Cayman Islands and a non-executive director of
Croesus. Given Fastagus’ political connections to Zambia, Moro Limited hires Fastagus as an
advisor for its new business in Zambia. Moro Limited agrees to pay Fastagus an annual
retainer of US$500,000 and a US$1million commission for every lease that is granted to
Moro Limited.
At a meeting in Melbourne, Australia, Fastagus hires Iris, the wife of the Minister of Mining
of Zambia. Fastagus agrees to pays Iris a salary of US$100,000 with a commission of
US$700,000 for every lease that Moro Limited secures in Zambia. This meeting is also
attended by senior executives of Croesus who give their approval to this arrangement.
Jonathan, an Australian national who is also the Chief Financial Officer of Croesus,
authorises a payment of US$100,000 to Lonzo, a public official in the Department of
Customs and Border Control in Zambia to facilitate the ‘quick entry’ of mining equipment
into Zambia. The mining equipment is used by Moro Limited to explore potential mining
sites. Jonathan makes a record of the US$100,000 payment describing it as “consultation
expense”.
The Department of Mining awards Moro Limited ten gold mining leases in Zambia.
Subsequently, Moro Limited pays a commission of US$10 million to Fastagus, while
Fastagus pays Iris a commission of US$7 million.
SPECIFIC QUESTION
What is the risk that any person has committed criminal offence(s) under Australian
law? You should refer to the provisions in the Criminal Code 1995 (Cth).
Question 2 This Question is COMPULSORY.
It is worth 20 marks.
Johnson Pty Ltd is a specialist computer security firm based in Australia. In 2019 Matthey, a
disgruntled employee of Johnson Pty Ltd, launched a targeted cyberattack on Fonzo Investment
Bank Inc, a Delaware (US) company, to acquire information on merger and acquisition (M&A)
deals involving several Australian registered companies, including Redscope Ltd and
Gyropose Ltd that are listed on the New York Stock Exchange (NYSE), and Pharmon Ltd that
is listed on the Australian Securities Exchange (ASX).
Matthey sells the confidential information about the proposed M&A deals to Sophia, who is
head of proprietary trading at Lockquarrie Investment Bank Ltd (Lockquarrie) in Australia. On
behalf of Lockquarrie, Sophia uses the information to buy shares in Pharmon Ltd on the ASX.
Sophia also buys shares in Redscope Ltd and Gyropose Ltd on the NYSE.
Sophia makes US$5 million in personal profits from her US trades in Redscope Ltd and
Gyropose Ltd, while Lockquarrie makes AU$50 million as a result of Sophia’s trading
activities in Pharmon Ltd.
SPECIFIC QUESTION
Advise the Australian Commonwealth Director of Public Prosecution whether Matthey, Sophia
and/or Lockquarrie have committed the criminal offence of insider trading in Australia, and
whether the ‘information barrier’ defence/exception is available to Lockquarrie.
THIS IS THE END OF THE QUESTIONS
