Fraud: “Wrongful or criminal deception intended to result in financial or personal gain” (Oxford Pocket Dictionary of Current English).
John M Carr CPA (see photo links below) was once a director and 99% owner of the New Zealand registered company “Association of Certified Fraud Examiners Limited“. It was struck off the Register of Companies in 2005 by the Registrar of Companies because its directors failed to file annual returns (see below). He was also director of two other such companies that have been struck off the register due to his failure to file annual returns (see below).
Mr John Carr CPA states on his website that he has gained certification (CFE) as a Fraud Examiner, USA (www.carr.co.nz/ ).
Photo 1: http://www.carr.co.nz/images/jmc.jpg
Photo 2: http://www.bankler.com/AboutUs/JohnMCarr/tabid/130/Default.aspx
Photo 3: https://www.linkedin.com/in/johnmalcolmcarr
John Malcolm Carr CPA is currently director of four New Zealand registered companies that are 100% owned by Carr Consulting P.A., a Florida registered corporation of which he is currently principal and registered agent.
See: US-based critic of economy [John M Carr CPA] has lots more to say
http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=154653
Prior to 2003 all directors of NZ registered companies were required under the Financial Reporting Act 1993 to disclose whether or not 25% or more of the voting shares of their companies were held by a person/body corporate ordinarily resident outside of New Zealand. The Society contends that Mr John Malcolm Carr committed multiple acts of fraud by providing false information to the NZ Companies Office over the period 2000-2002 related to the overseas shareholding status of Carr Consulting P.A. in relation to these six NZ companies it owned (see below). These matters have been referred to the Registrar of Companies, the Overseas Investment Office, the National Enforcement Office of the Companies Office and the Minister of Commerce, Hon. Simon Power.
It is also alleged that John M Carr CPA appears to have committed fraud over this period by supplying false information on statutory documents he signed relating to each of the six companies – by falsely naming the shareholder as “Cuchara Inc” when in fact that entity had had its name officially changed to Carr Consulting P.A. in February 1999 and its documents of incorporation amended to limit the P.A.’s authorised activities to ones strictly occurring within the State of Florida. Those activities involved the rendering of professional financial planning advice to persons in Florida. Mr Carr, himself a certified financial planner, was the company official who acted for the corporation to effect the corporation name change and new status.
John M Carr CPA was a resident in San Antonio Texas at the time he was responsible for the provision of false information to the NZ Companies Office relating to the shareholding of Carr Consulting P.A. He currently holds both United States and New Zealand citizenship. (Note: A person who resides in New Zealand for more than 183 days in a year is automatically classified as a New Zealand resident tax-payer and all his earnings including company director fees, share-earnings, dividends etc are subject to tax and he must comply to all NZ relevant tax laws)..
Nine False Statements relating to the overseas shareholding of companies owned by Carr Consulting P.A.
Shelf Company No 10 Limited (formerly Cornish Point Estate Limited) (Co. No. 1021620 Incorp. 14/03/00). Owned 100% by Carr Consulting P.A. Two false statements
In his Annual Returns for 2001 and 2002 for Shelf Company No 10 Limited (formerly Cornish Point Estate Limited), which has always been 100% owned by the Florida-based corporation Carr Consulting P.A. (formerly Cuchara Inc.); company director John M Carr confirmed that no more than 25% of voting shares in the company are held outside New Zealand. This involved two acts of fraud.
Under the Financial Reporting Act 1993 he was required to truthfully answer the question:
“Are 25% or more of voting shares held by a person/body corporate ordinarily resident outside New Zealand?”
He answered “No” in both Annual Returns. The falsehoods were registered on 28 June 2001 and 6 August 2002 respectively.
Cromwell 24 Hr Challenge Limited (Struck off) (Co. No. 1045190 Incorp. 28/06/00), Owned 100% by Carr Consulting P.A. One false statement
In his Annual Returns for 2001 for Cromwell 24 Hr Challenge Limited (Struck off in 13/09/05) which was 100% owned by the Florida-based corporation Carr Consulting P.A. (formerly Cuchara Inc.); company director John M Carr confirmed that no more than 25% of voting shares in the company are held outside New Zealand.
In answer to the question – “Are 25% or more of voting shares held by a person/body corporate ordinarily resident outside New Zealand?” …..he answered “Yes”. This truthful response was registered on 28 June 2001 on the same day he answered the same question in the negative with respect to another company owned 100% by the same shareholder (see above),
Then in his Annual Return for 2002 for Cromwell 24 Hr Challenge Limited he did a U-Turn and answered “No” to the same question – has falsehood was registered on 6 August 2002.
PJ Digital Limited (Co. No. 1141073 Incorp. 28/05/01). Owned 100% by Carr Consulting P.A. One false statement
In his Annual Return for 2002 registered on 22 May 2002 for PJ Digital Limited, another company he directs that is owned 100% by Carr Consulting P.A., he answered in the negative (No) to same question regarding overseas shareholding.
First Virtual Deposit & Nominee Company Limited (Co. No. 1047249 Incorp. 6/07/00). Owned 100% by Carr Consulting P.A. One false statement
In his 2001 Annual Return for First Virtual Deposit & Nominee Company Limited, owned 100% by Carr Consulting P.A., he gave an answer to the same question and his answer was registered on-line on 28 June 2001, in the affirmative (Yes). No problem here.
But then in his 2002 Annual Return registered on 6 August 2002 he responded in the negative (No) to the same question.
Velocity Partners Limited (Co. No. 1044239 Incorp. 26/06/00). Owned 100% by Carr Consulting P.A. Two false statements
In his 2001 and 2001 Annual Returns for Velocity Partners Limited, owned 100% by Carr Consulting P.A., he responded in the negative (No). These denials were registered on 28 June 2001 and 6 August 2002, respectively.
Golden River Limited (Struck Off) (Co. No. 1084216 Incorp. 3/10/00). Owned 100% by Carr Consulting P.A. Two false statements
In his 2001 and 2002 Annual Return for Golden River Limed (Struck off 13/09/05), also 100% owned by Carr Consulting P.A., Mr Carr responded in the negative (No) to the same question regarding shareholding. These responses were registered on-line on 11 June 2001 and 6 August 2002, respectively.
Companies directed by John M Carr NOT owned by Carr Consulting P.A.
The Society finds no fault with information supplied by Mr Carr relating to these two companies (below) and their overseas-based shareholder (John Cm Carr). In each case the shareholder, John M Carr, effectively confirmed that he resided outside New Zealand, in the United States of America, for more than 183 days over the three consecutive years 2000-2003 (see below).
Lookout Estate Limited (Co. No. 862957 Incorp. 26/06/97). 100% owned by John M Carr
In his 2000 and2001 Annual Returns for Lookout Estate Limited, a company Mr Carr owned and directed from 28 June 1997 to 20 November 2007 when it was struck of the Registrar, he affirmed that 25% or more of the voting shares were held by a person ordinarily resident outside New Zealand. He therefore responded in the affirmative with respect to the question of overseas shareholding. These correct responses were registered on line on 8 July 2000 and 28 June 2001. Then in his 2002 Annual Return registered on 5 August 2002 he answered the question of overseas shareholding in the negative.
For each of these three Annual Returns he recorded his residential address and shareholder address as PO Box 780637, San Antonio Texas 78278-0637, United States of America.
John M Carr held all 25 company shares from 2000 to 2002 and resided in Texas, USA.
Association of Certified Fraud Examiners Limited (Struck off) (Co. No. AK607849). 99% owned by John M Carr
In his 2002 Annual Return for this company which he co-directed from 15 October 1993 to 28 January 2005 when it was struck off, John M Carr acknowledged that he held 99 of the 100 company shares. Filed on 28 September 2002, the Annual Return records that Mr Carr lives at 11107 Wurzbach Suite 306 San Antonio Texas 78230. As required under the Financial Reporting Act 1993 Mr Carr was required to answer the question: Are 25% or more of voting shares are held by a person/body corporate ordinarily resident outside New Zealand? His correct answer was “Yes”. No evidence of fraud in this case. It is unthinkable that a fraud busting company director with a CFE degree would engage is such corruption!!
Cornish Point Development Limited (Co. No. 841571 Incorp. 24/02/97). 50% owned by John M Carr as of 13/07/00 and 100% owned by John M Carr as of 18/12/00 onwards.
In his Annual Returns for 1999, 2000 and 2002, registered on 13 July 2000, 18 December 2000 and 21 August 2002 respectively, John M Carr denied that 25% or more of voting shares of the company were held by a person/body corporate ordinarily resident outside New Zealand. However, in his 2001 Return registered on 28 June 2001 he answered the same question in the affirmative. All four Returns record his residential address and address as shareholder 11107 Wurzbach Road, Suite 405, San Antonio, Texas 78230, U.S.A.
His negative responses contradict declarations made in his Annual Return 2002 for the Association of Certified Fraud Examiners Limited and for Lookout Estate Limited 2000-2001 (see above).
These contradictions and false entries appear to be clear cases of fraud.
Conclusions:
Based on his responses to questions answered in company Annual Returns over the period 2000-2002 as required under the Financial Reporting Act 1993, Mr John M Carr appears to have resided outside New Zealand in the United States of America for more than 183 days during each of these three consecutive tax years. It would seem that he must have been classified as a non-resident in terms of NZ tax law during this three year period. His Annual Returns for companies NOT owned by Carr Consulting P.A. appear to confirm his non-NZ resident status for tax purposes, including those for the Association of Certified Fraud Examiners Limited (2002), Lookout Estate Limited (2000, 2001) and Cornish Point Development (1999, 2000, 2002), all of which he either owned or currently owns.
For all New Zealand-registered companies he currently directs that are owned by Carr Consulting P.A. and which own New Zealand property, John M Carr denied that the shareholders of the P.A. with voting rights who live outside NZ own 25% or more of the P.A.’s shares. These companies include PJ Digital Limited (currently owns 2 Auckland properties), Shelf Company No. 10 Limited (currently owns 92 M Greenwood Rd, Pakiri) and Velocity Partners Limited (currently owns two Auckland properties via its daughter company Kinetiq Limited). PJ Digital Ltd which owns 50% of Carrlandazz Holdings Ltd, has owned 26 properties in Central Otago which have been sold on for profit.
However in 2001, for all NZ-registered companies owned by Carr Consulting P.A. and directed by John M Carr, which do not own NZ property, he correctly affirmed that 25% or more of the shareholders with voting rights are ordinarily resident overseas. Such affirmations were made in 2001 with respect to Cromwell 24 Hr Challenge Ltd (Struck off) and First Virtual Deposit & Nominee Ltd in 2001. (In his 2002 Annual Return he changed his response to a negative with respect to both companies: denying that 25% of more of the P.A.’s shareholders with voting rights ordinarily resided overseas).
The Society contends that the eight false enries into the Companies Office records by John M Carr constitute fraud.
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