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Serious Fraud Office’s crime blind spot highlighted in SSC Review

May 28, 2014 by SPCS Leave a Comment

The Serious Fraud Office does not have the ability to proactively target serious financial crime, and preventing this offending is probably better done by other agencies, says a Government-commissioned review.

When SFO director Julie Read took up her post last year she told the Herald the agency would like to be a “bit more proactive”.

Asked if the SFO’s more reactive approach would change, Read said this would be partly answered by a State Services Commission review, which was issued this week.

The report says the justice sector is focusing more on crime prevention.

But lead reviewer Debbie Francis said that while better access to intelligence could support earlier detection of financial crime, preventive activity was not supported by the SFO’s statutory mandate and was “probably better done by others”.

Francis said the SFO did not have the ability to develop a current, medium or long-term view of possible threats, and this was required to “proactively target high priority serious financial crime and corruption”.

The strongest “preventive element” of the SFO’s activity was the deterrent effect of its investigations and successful prosecutions.

Source: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11262890 [Read more…]

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Filed Under: Crime, Enforcement Tagged With: Corruption, crime prevention, financial crime, Julie Reid, Serious Fraud Office, SFO, State Services Commission review, White-collar crime

Police bid to seize finance director property

May 19, 2014 by SPCS Leave a Comment

Police have made a formal bid in the High Court to seize property they allege is associated with a failed finance company director who is serving more than eight years in jail for fraud and misleading investors.

Police took unprecedented action last year to restrain assets they said were associated with two jailed Capital + Merchant Finance [founding directors], Neal Nicholls and Wayne Douglas….

Nicholls is serving eight years six months in jail and Douglas eight years two months. This followed a Serious Fraud Office trial where both men were found guilty of theft by a person in a special relationship for loans totalling almost $20 million. They loaned money for their own benefit in breach of Capital + Merchants trust deed. C+M collapsed in 2007 owing $167 million to investors.

See full story by Hamish Fletcher. Published 19 May 2014

http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11257283

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Filed Under: Crime, Enforcement Tagged With: Capital + Merchants, Fraud, Serious Fraud Office

Charges laid against financial advisor Andrew Robinson over $3m Ponzi scheme

September 7, 2013 by SPCS Leave a Comment

A financial adviser has been charged with running a $3 million Ponzi scheme.

Andrew Robinson, 40, was charged this morning in the Auckland District Court with five charges of theft and one of dishonestly using a document.

Robinson was the principal of mortgage broking and insurance firm Strategic Planning Group.

He was a registered financial adviser until being stripped of this status when the Serious Fraud Office and Financial Markets Authority began investigating.

The charges allege that between 2010 and 2012, Robinson used $3m in investor funds to pay for personal and business expenses or to repay other investors, and lied to investors when proving reports.

Robinson and Mark Turnock, a co-director of Strategic Planning Group, also face charges brought by the FMA relating to making false statements.

FMA head of enforcement Belinda Moffat said the prosecution showed financial advisers were being held to account.

“It is critical that members of the public have available to them accurate financial statements when making informed investment decisions. Directors have an obligation to ensure that financial statements are not false or misleading,” she said.

SFO Acting Director, Graham Gill added: “The joint efforts of SFO and FMA have progressed this investigation effectively and efficiently. This demonstrates our commitment to working together to deliver a coordinated response to financial crime in New Zealand’s investment markets.”

Source: BusinessDay.co.nz Published 6/09/13

http://www.stuff.co.nz/business/money/9129732/Charges-laid-over-3m-Ponzi-scheme

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Filed Under: Crime, Enforcement Tagged With: Andrew Robinson, dishonestly using a document, Financial Markets Authority, FMA, Ponzi scheme, Serious Fraud Office, Strategic Planning Group

Guilty plea to country’s largest fraud

August 29, 2013 by SPCS Leave a Comment

A man has pleaded guilty to $115 million fraud – the single largest fraud in New Zealand history.

The former manager of Ross Asset Management David Robert Gilmour Ross, 63, has pleaded guilty to five Serious Fraud Office charges.

They were false accounting and fraud and three from the Financial Markets Authority of providing a financial service when he was not registered to do so, made false or misleading statements to get authorisation as a financial adviser and supplying information to the authority that he knew to be false or misleading.

He has been remanded in custody until October for a date to be set for sentencing.

Ross lured new investors to his Ross Asset Management fund with promises of returns of up to 30 per cent.

His lawyer Gary Turkington did not apply for bail before Wellington District Court judge Geoff Ellis.

SFO prosecutor Kristy McDonald asked the judge to order a reparation report.

The SFO charges alleged Ross ran a Ponzi scheme, which he disguised by falsely reporting clients’ investments.

Large portions of client portfolios were shown as invested through a non-existent broker ‘Bevis Marks’, resulting in a $380 million overstatement of investment positions.

More than 1200 RAM (Ross Asset Management) client accounts had been affected by the scheme.

For full story go to

Dominion Post 29 August 2013.

http://www.stuff.co.nz/dominion-post/news/9101568/Guilty-plea-to-countrys-largest-fraud

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Filed Under: Crime Tagged With: Financial Markets Authority, FMA, Ponzi scheme, RAM, Ross Asset Management, Serious Fraud Office, SFO

More jail for Capital + Merchant Finance pair

June 30, 2013 by SPCS Leave a Comment

Jailed Capital + Merchant Finance directors Wayne Leslie Douglas and Neal Medhurst Nicholls have had their record-setting prison sentences increased after pleading guilty to misleading investors.

They appeared before Justice Geoff Venning for sentencing in Auckland High Court today having, in February, pleaded guilty to five charges between them of signing prospectuses that contained false statements between 2006 and December 2007.

The misleading statements included information about Capital + Merchant’s liquidity and cashflow, management of loans and related-party lending.

Douglas was sentenced to eight months’ imprisonment and Nicholls was sentenced to 12 months on the charges, brought by the Financial Markets Authority.

The jail time is on top of the seven and a half year jail terms they are currently serving for fraud after a prosecution by the Serous Fraud Office [SFO] last year.

See full story here by Georgina Bond:

Published Friday June 28, 2013

http://www.nbr.co.nz/article/more-jail-capital-merchant-finance-pair-gb-142172

See earlier story published 15/02/13

http://www.nbr.co.nz/article/prison-garbed-duo-admit-misleading-investors-gb-135950

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Filed Under: Crime, Enforcement Tagged With: Capital + Merchant Finance, Financial Markets Authority, FMA, Fraud, misleading investors, Neal Medhurst Nicholls, Serious Fraud Office, SFO, Wayne Leslie Douglas

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