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SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

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Offences by bankrupt in relation to management of companies – and penalties

May 30, 2014 by SPCS Leave a Comment

The Insolvency Act 2006 sets out Offences in relation to the management of companies by those persons who have been adjudicated bankrupt.

Offences in relation to management of companies

436 Offence by bankrupt in relation to management of companies

(1) A bankrupt commits an offence if he or she—

  • (a) acts as a director of a company; or

  • (b) fails without reasonable excuse to comply with section 149.

(2) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under subsection (1) ends on the date that is 2 years after the date on which the offence was committed.

437 Penalties for offence in relation to management of companies

Penalties for offence in relation to management of companies
  • A person who commits an offence under section 436 is liable, on conviction, to imprisonment for a term not exceeding 2 years.

    Note: It is at the Official Assignee’s discretion that prosecution can proceed. S. 438 makes it clear that this can proceed if reasonable grounds are certified by the Crown Solicitor. 

 

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Filed Under: Crime, Enforcement Tagged With: bankrupt, Insolvency Act 2006, management of companies, Offence by bankrupt, Official Assignee

Prosecution of company directors in breach of s. 261 of Companies Act 193

May 30, 2014 by SPCS Leave a Comment

Under s. 261 of the Companies Act 1993 a liquidator of a company has powers to obtain documents and information from a former director of the failed company. Failure to provide that information to the liquidator can result in the director being prosecuted and if convicted of an offence under s. 261, he or she “liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years”.

If the company director has been adjudicated as a bankrupt at the time of sentencing a judge would be compelled to impose a prison sentence rather than impose a fine. If the offending involved long-term and systematic refusal to supply documents to a number of liquidators involving multiple companies of which he/she had been a director, and the non-compliance showed a pattern of flagrant disregard for the law, a judge would no doubt be compelled to impose a maximum sentence. For to do so would be in the public interest because the law has a pedagogical role in addition to a punitive element designed to bring offenders to their senses regarding the rule of law as it prescribes and defines criminal behaviour.

Section 261 of the Companies Act entitled “Power to obtain documents and information” includes: [Read more…]

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Filed Under: Crime, Enforcement Tagged With: bankrupt, Companies Act 1993, liquidation, Liquidator, Prosecution of company directors, s. 261 Companies Act 1993

Former $6.4 m fraudster bankrupt over BNZ debt

April 8, 2014 by SPCS Leave a Comment

A FORMER fraudster who was jailed for seven years for fraud totalling $6.4 million has been declared bankrupt.

Wellington tax adviser Patrick [Pat] John Renshaw had until yesterday to pay the Bank of New Zealand a compromised debt of nearly $12,000.

BNZ had sought the order last month after Renshaw failed to pay an undisclosed amount. The application was adjourned after BNZ agreed to give him a month to pay the compromised debt of $11, 296 by April 7.

But in the High Court at Wellington yesterday, Renshaw consented bankruptcy. [Read more…]

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Filed Under: Crime Tagged With: bankrupt, BNZ debt, Fraud, fraudster, Pat Renshaw, Patrick John Renshaw, Patrick Renshaw

May Wang charged with corruption – NZ Herald

October 19, 2011 by SPCS Leave a Comment

Former Crafar farms bidder May Wang has been charged with corruption in Hong Kong, over business dealings said to have happened here in New Zealand while she was trying to buy the dairy farms.

Hong Kong’s Independent Commission Against Corruption has charged the bankrupt May Wang with conspiring to bribe officials with two New Zealand properties and money laundering, and has issued a warrant for the arrest of Jack Chen for his role in the scheme.

For full article see: NZ Herald 19 October 2011

http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10759961

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Filed Under: Crime Tagged With: bankrupt, bribe, Corruption, Crafar farms, Jack Chen, May Wang, money laundering

Computer South Ltd finally Struck Off – Funnel for money laundering and fraud

December 26, 2010 by SPCS 1 Comment

Finally, on 24 December 2010, the Registrar of Companies struck off Computer South Ltd (which had its registered office for over 13 years with Checketts McKay Law, Wanaka), from the Companies Office list of registered companies. ‘Directed’ by plumber Peter Bruce Ibbotson since it was incorporated on 20 March 1997, with Iain Grant Fyfe, a partner in Checketts McKay, as one of its three original shareholders and its solicitor; the company continued to ‘trade’ up to as recently as 20 April 2009 when its Annual Return was filed on line by Fiona Browne, agent for Checketts McKay.

 A Serious Fraud Investigation commenced in 2006 into the activities of the real “director” of Computer South Ltd, Michael Andrew Swann, found that it had no assets, no employees and filed no tax returns. It was used by convicted fraudster Swann, a banned company director and bankrupt, as his de facto bank account for laundering millions of dollars he gained by fraud from the tax-payer funded Otago District Health Board, while he was employed there as information technology manager from 2000-2006.

An online record dated 22 September 2006, made by Kathleen Elizabeth Bennett, agent for Checketts McKay, proves that 50% of Computer South shares, personally held by Iain Grant Fyfe, were transferred to Ibbotson,  just days before the Otago DHB suspended their employee Michael Andrew Swann and launched their investigation into his financial activities in early October 2006.  The Serious Fraud Office launched its own inquiry shortly afterwards.

Working closely with solicitor Iain Grant Fyfe, Swann squirrelled away millions of dollars over six years into Central Otago properties purchased by trusts set up by Checketts McKay in the names of people – presumably known to and nominated by Swann.

Convicted fraudster Michael Andrew Swann, who is currently serving a lengthy jail term for fraud, together with his convicted accomplice Kerry Gray Harford, defrauded the Otago District Health Board of $16.9 Million over six years (2000-2006).

Swann, ran Computer South Ltd as his personal de facto bank account for the laundering of millions of dollars of ‘dirty money’ obtained by fraud from the DHB, despite the fact he held no office in the company and held no shares. As a convicted bankrupt Swann was unable to hold shares in or direct any company.

As a banned director it was unlawful for him to play any significant role in the management and/or financial affairs of the company.  The Otago DHB suspended suspended Michael Andrew Swann in early October 2006 for “gross mismanagement of DHB’s IT procurements including delegation of authority and purchasing policies” then fired him.

For further background reading see:

Swann’s Rolls-Royce lifestyle – the evidence. By Stu Oldham. Fri, 10 Dec 2010

http://www.odt.co.nz/news/dunedin/140143/swanns-rolls-royce-lifestyle-evidence
Police seek information on Swann assets. Sat, 25 Sep 2010.

http://www.odt.co.nz/news/dunedin/128160/police-seek-information-swann-assets

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Filed Under: Crime Tagged With: bankrupt, Banned Director, Checketts McKay, Checketts McKay Law, Companies Office, Computer South Ltd, Fraud, Iain Grant Fyfe, Ian Fyfe, Michael Andrew Swann, Michael Swann, money laundering, Otago District Health Board, Peter Bruce Ibbotson, Peter Ibbotson, Wanaka

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