SPCS

SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

“White-collar crime investigator” (SFO) probes suspected “serious or complex fraud”

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SFO opens probe into Bublitz’s Mutual Finance – Stuff Business News 30/12/2010

The Serious Fraud Office opened an investigation into the dealings of failed minor lender Mutual Finance last week.

The white-collar crime investigator began its probe on December 23 after receiving information from the financier’s receiver and the Ministry of Economic Development’s National Enforcement Unit (NEU), according to the SFO website.

“The director determined there was reason to suspect that an investigation into the affairs of Mutual Finance  and related companies may disclose serious or complex fraud,” the website said. “SFO has commenced its investigation and is working closely with NEU and the Securities Commission to progress the investigation.”

http://www.stuff.co.nz/business/money/4502880/SFO-opens-probe-into-Bublitzs-Mutual-Finance Story by Paul Mcbeth

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

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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

NZ White Collar Crime: Two guilty in million-dollar fraud cases

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The SPCS contends that some of the more spectacular symptoms that reveal how New Zealand society has lost its moral bearings, include the steady growth in its million dollar white collar crime ‘industry’, involving fraud, bribery, theft, and dishonesty etc. Hitting the headlines with growing regularity it seems, are middle-aged grey-haired balding, or completely bald company directors, who, having been banned by the Registrar of Companies under section 385 of the Companies Act 1993 from directing, managing or promoting a company for up to five years; are subsequenly convicted and sentenced for committing multiple breaches of such banning orders, at the same time having committed serial criminal offences involving fraud etc.

Some having been banned because they pose a serious financial risk to the public because of their mismanagement of company financial matters and/or financial incompetence, despite having a degree or two such as an MBA, deliberately give the ‘the two-fingered salute’ to the Registrar of Companies who imposed the ban on them; caring little about any moral standards, the rule of law or the vulnerability of the public to their financial risk-taking and gross incompetence. Others banned from being directors after being declared bankrupts in the Courts, give the same insulting salute and box on as trumped up ‘directors’, in the self-declared role of “promoter” and/or highly paid “consultant”.

Such flagrant deception when exposed by the Serious Fraud Office (SFO) makes a complete mockery of the sanctions (prohibitions) imposed on such former directors by the Companies Office via the Courts, unless such crimes are severely punished by Judges at sentencing. The SPCS contends that banned company directors who deliberately and knowlingly breach banning orders should be jailed long-term and made to make full reparation. It believes that the vast majority of New Zealanders would probably support this view.

It is reassuring to the public to read in he Dominion Post report of 3 December 2010 that… On 3 December “in Wellington District Court, bankrupt Alan Edwards Wycherley, 52, who had been using the name of clients of a debt management company to get money from an Auckland finance firm, was jailed for three years. He had pleaded guilty to conspiring to defraud, nine charges of running a company while prohibited and two of illegally signing shareholder forms.”

He was one of “two Waikanae men who appeared before the courts the same morning, in unrelated million-dollar fraud cases, in which one falsely claimed a client was terminally ill and the other submitted dodgy loan applications.” Both were sentenced by Judge Behrens.

See full report: 3 December 2010 http://www.stuff.co.nz/dominion-post/news/wellington/4418021/Two-guilty-of-million-dollar-fraud

Penalties for breaches of S. 385 Banning order by banned NZ Company Director

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In view of the growing numbers of New Zealand company directors, MPs and business leaders who have been convicted in the Courts for fraud, financial mismanagement, reckless trading and bribery; it is important that the penalties imposed by Judges on those convicted of such offences, be regularly reviewed, particularly in view of the financial suffering and social upheaval caused to shareholders, creditors and investors etc. by those responsible for such crimes.

Under s. 385 (1) of the Companies Act 1993, “the Registrar [of Companies] may, by notice in writing given to a person, prohibit that person from being a director or promoter of a company, or being concerned in, or taking part, whether directly or indirectly, in the management of, a company during such period not exceeding 5 years after the date of the notice as is specified in the notice. Every notice shall be published in the Gazette.”

Under S 373(4) of the Act, a person convicted of acting in contravention of a banning order notice issued under s. 385, is liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding $200,000. Furthermore s. 386 sets out “Liability for contravening section 385 or section 385AA”

A person who acts in contravention of a notice under s. 385 or 385AA is personally liable to –

(a) a liquidator of the company for every unpaid debt incurred by the company; and

(b) a creditor of the company for a debt to that creditor incurred by the company—

while that person was so acting [against the banning order].

[Read more…]

Computer South Ltd – Removal Notice Marks $16.9 Million dollar Fraud Fiasco

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Convicted fraudster Michael Andrew Swann, who together with his convicted accomplice Kerry Gray Harford, defrauded the Otago District Health Board of $16.9 Million over six years (2000-2006), ran Computer South Ltd as his personal de facto bank account for the laundering of 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 he was unable to hold shares in or direct any company).

Mr Swann’s close friend Peter Bruce Bruce Ibbotson, a plumber of Warrington, was put in place as director when the company was incorporated in 1997. In the Dunedin High Court where Swann faced charges for fraud, Ibbotson admitted that he had had almost no involvement (2000-2006) in any management of governance aspect of Computer South Ltd, a company which the Serious Fraud Office reported owned no assets, employed no staff, filed no tax returns, and was controlled by Swann rather than listed “director” Peter Ibbotson.

 A Notice of intention to remove Computer South Ltd from the Register of Companies under section 318(1)(b) of the Companies Act 1993, was issued by Mr Neville Harris, the Registrar, on 25 November 2010. [Read more…]