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Lecretia Seales’ assisted dying case at top of slippery slope, opponents say

May 23, 2015 by SPCS Leave a Comment

Opponents of Lecretia Seales’ court case to clarify the law on doctor-assisted death say it would be the start of a slippery slope if she were to succeed.

The terminally ill Wellington lawyer’s application begins in the High Court at Wellington on Monday.

Treatment of her brain tumour has ended and she is having palliative care, but believes that might not continue to meet her needs. She wants the option of having her doctor help her to die if her suffering is intolerable.

That option would likely give her a longer, more peaceful life than if her only way to end suffering was to take her own life while still able to do so unaided, her claim says.

Seales, 42, says the court case is about her and her circumstances only.

The attorney-general, who is the defendant in the case, disagrees and so does an interest group, Care Alliance, which has been allowed a limited say in Seales’ case.

Solicitor-General Mike Heron, QC, representing the attorney-general, said if Seales’ claim were accepted, it would have implications well beyond her case and would apply to all who have a terminal illness and think their suffering is intolerable.

“The attorney-general’s position is that the conventional understanding of the Crimes Act – which precludes physician-assisted dying – must continue to apply unless and until it is altered by Parliament.”

Care Alliance says that, if Seales is successful, overseas experience suggests it would be the start of a slippery slope that would put vulnerable lives at risk. [Read more…]

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Filed Under: Crime, Human Dignity Tagged With: Care Alliance, Crimes Act, doctor-assisted death, Euthanasia-Free NZ, human dignity, Lecretia Seales' court case, Lucretia Seales, terminally ill

Bankrupt insurance company boss gets four-and-a-half years jail for fraud

October 17, 2014 by SPCS Leave a Comment

GRANT MALCOLM HERBERT – former insurance company boss – and now a bankrupt – has been jailed for four years and six months after his conviction last month on 24 fraud charges.

Insurance broker Grant Herbert leaves the Auckland District Court. Photo / Dean Purcell

Grant Malcolm Herbert was sentenced in the Auckland District Court. [Photo credit / Dean Purcell. NZ Herald]

Herbert was owner and managing director from 1991 of insurance brokerage Herbert Insurance Group, which collapsed in March 2011.

An investigation by the Serious Fraud Office found that he had received premiums from clients but failed to forward about $2.5 million of it to insurers, having some customers uninsured, the court heard. [Read more…]

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Filed Under: Crime, Enforcement Tagged With: Crimes Act, Fraud, Grant Herbert, Grant Malcolm Herbert, Herbert Insurance Group, Secret Commissions Act, Serious Fraud Office, theft by a person

Government unveils new anti-corruption law changes

June 25, 2014 by SPCS Leave a Comment

Justice Minister Judith Collins has unveiled a range of law changes to crack down on corruption, organised crime and bribery in New Zealand.

The minister tabled the Organised Crime and Anti-corruption Legislation Bill in Parliament this afternoon.

It includes requirements for banks to report international transactions, new identity theft offences, and harsher penalties for private sector bribery and corruption offences.

Mrs Collins said the changes would give law enforcement agencies more power to deal with organised crime and corruption, and would help New Zealand fulfil its international obligations.

“New Zealand is consistently regarded as one of the least corrupt countries in the world. However we cannot afford to be complacent — we must remain vigilant,” she said.

If the bill passed into law, banks and financial institutions would have to help Government detect money-laundering by reporting all international wire transfers of more than $1000 and all physical cash transactions of more than $10,000 to the police’s Financial Intelligence Unit. [Read more…]

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Filed Under: Crime, Enforcement Tagged With: Anti-corruption Legislation, bribery, Corruption, Crimes Act, money laundering, organised crime

Hard to prosecute white collar crime – says former SFO boss Adam Feeley

April 30, 2013 by SPCS Leave a Comment

The Serious Fraud Office’s decision not to lay criminal charges over the collapse of Hanover Finance shows how tough it is to prosecute white collar crime under the present law, former SFO [Serious Fraud Office] boss Adam Feeley says.

The decision not to charge Hanover owners Eric Watson and Mark Hotchin would not have been taken lightly and showed there was room for debate about the effectiveness of the Crimes Act [1961], he said.

“In my time there I always had grave concerns about the morality of what happened at Hanover and moving from the moral to the legal level there were real issues which needed to be tested.”

Feeley, who was SFO chief executive when the Hanover investigation began in September 2010 and resigned last July to take up the role of Queenstown District Council chief executive, said he had to take some responsibility for the length of the process.

“But during my time there we stuck at it because I simply wasn’t satisfied it was something we could walk away from,” he said.

“So long as I was there I always took the view there was a prospect of charges being laid. But at the end of the day that prospect has to be backed up by the evidential sufficiency and obviously [acting SFO chief] Simon [McArley] didn’t feel that was there and I respect Simon’s decision.

“I know the team worked incredibly hard on it and all the resources that could be put into it were put into it, so I don’t think if a different set of people looked at it with any different timeframe they would have done any differently.

“I have no doubt it was a first-rate investigation but equally I know there will be a lot of frustrated people and I can understand that.”

This morning the SFO said there were serious question about several aspects of Hanover’s activities in the run-up to its collapse in July 2008. At the time, Hanover and its sister companies owed 13,000 investors $554 million.

However, McArley said the evidence available did not reach the required threshold to prove anyone had committed a criminal offence.

“Recent decisions relating to other failed finance companies have highlighted how difficult it is to satisfy this standard,” he said.

Feeley said that regardless of the Hanover case the law should be reviewed to ensure it could deal with white collar crime.

“Bluntly I don’t think the Crimes Act deals with the reality of the modern day corporate world,” he said.

“We have dishonesty offences which contemplate dishonesty in a very individual setting … corporate fraud is a far more complex process, not just in terms of the transaction but in terms of the collective mind in which that operates.

“We have had decisions where the court has said getting some legal advice, which frankly was contrived legal advice, meant that directors could honestly rely on it. I have no doubt for a second that they believed that advice was independent or objective.

“Again I’m not speaking with reference to Hanover, but I think potentially some of the outcomes in the finance cases could have been different under different laws.

“Whether those laws are all right or not is going to be the subject of a lot of public debate. When you look at the morality of what happened with some of the finance companies, I think the average common-sense person would say if that transaction isn’t unlawful, then that is just plain wrong.” Feeley said there were two potential areas of reform, “one is how the mental element of the offence is framed; probably the other is evidence collection.”

Experience from the United States suggested there were only two ways to get enough evidence to prosecute – one was to have a whistleblower and the other was to intercept communications.

“I know undoubtedly the latter will potentially scare the hell out of a lot of people, but, you know, people think the SFO act is a powerful act because you lose the right to silence,” Feeley said.

“Well frankly I think that’s naive to think it’s powerful in that regard, because people simply say in answer to all questions ‘sorry I would like to answer that but I forget’.

“There begins the end of it.”

Source: Fairfax NZ News

Hard to prosecute white collar crime – Feeley. By Tim Hunter. 30 April 2013.

http://www.stuff.co.nz/business/industries/8614509/Hard-to-prosecute-white-collar-crime-Feeley

See also:

Eric Watson not surprised SFO closing case. By Hamish McNicol. 30 April 2013

http://www.stuff.co.nz/business/industries/8610994/Hotchin-relieved-at-SFO-closing-case

Hotchin under mouting pressure over house. By Rebecca Stevenson. 30 April 2013

http://www.stuff.co.nz/business/industries/8613897/Hotchin-under-mounting-pressure-over-house

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Filed Under: Crime, Enforcement Tagged With: Adam Feeley, Crimes Act, Eric Watson, Hanover Finance, Mark Hotchin, Serious Fraud Office, SFO, white colour crime

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