Abstract
The matters discussed here had their genesis during 1998 and 1999 and relate to instances of theft and fraud engaged in by the National Australia Bank against their customer (Basstech Pty Ltd, acn 006035301 (deregistered 2004)). A long consistent history of matters such as this example saw the establishment of The Royal Commission into the Banking and Financial Services sector (2018). These, the Basstech matters, remain unresolved to this day.Any resolution of crimes such as these must be enacted through the criminal prosecution of the “Corporation”; that is the corporation as a “corporate citizen, a person before the law”. This paper examines one case of theft and fraud by a bank, the problems endemic in corporate prosecution, the personality of the corporation and then explores methods of control and prosecution.
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