John M Carr – successfully prosecuted under the Financial Reporting Act 1993

A number of criminal cases were presided over by Judge Roderick Joyce QC in the Auckland District Court this afternoon. In one case – Ministry of Economic Development v. John Malcolm Carr, barrister Todd  Alastair Simmonds (see: http://www.toddsimmonds.co.nz/ ) appeared for his client, American businessman Mr John M Carr (see photo links below) who had been represented at three previous court fixtures by his solicitor Alan Bevan McKay of Checketts McKay Law, Cromwell.  John M Carr pleaded guilty through his lawyer to all charges and was convicted on six charges for failing to submit financial statements relating to companies he directed.

John Malcolm Carr

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

As with all previous court fixtures (12 & 31 August and 28 September), Mr Carr did not appear in Court. Today the Crown withdrew two of the eight charges it laid against Mr Carr and through his lawyer he pleaded guilty to the six remaining charges. Sentencing therefore commenced on the basis of the six offences Mr Carr had committed under sections 19 and. 39 of the Financial Reporting Act 1993, as director of three companies he directs and now owns.

The issue of how the criminal convictions would impact in the future on Mr Carr’s ability to enter New Zealand from the United States where he resides as an American citizen was discussed by the Judge in Court. It seems that Mr Carr will face problems even though he does have New Zealand citizenship.

The Auckland District Court was informed on Friday 15 October 2010 by John Malcolm Carr’s lawyer – Todd Alastair Simmonds that Mr Carr resides in America (he holds joint-US/NZ citizenship).

The Society contends that the MED should be congratulated for its vigilance in seeking to uphold community standards via these successful convictions and its courage in laying the criminal charges in the first place (Each of the charges carried a maximum of $100,000 fine).

Judge Roderick Joyce QC convicted and fined Mr John Malcolm Carr $6,000 on two charges, convicted and discharged him on the remaining four charges and ordered to pay court costs.

See Report: http://www.odt.co.nz/news/national/131903/businessman-fined-6000-ironic-breach-fra