Failed property developer May Wang – the woman fronting the bid to buy the Crafar farms from receivers – has been made bankrupt by the High Court at Auckland. [Read more…]
NZ White Collar Crime: Two guilty in million-dollar fraud cases
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
Computer South Ltd – Removal Notice Marks $16.9 Million dollar Fraud Fiasco
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…]
Michael Swann, Computer South Ltd and Checketts McKay Law
On 11 February 2010 Michael Andrew Swann was sentenced to 20 months jail for accepting $755,154 in bribes from long-term friend and business associate Robin Sew Hoy: the sentence to be served concurrently with his present jail sentence of nine and a half years for his part in defrauding the Otago District Health Board (ODHB) of $16.9 million.
Swann had pleaded guily to corruption (accepting bribes) in November 2009 and on 17 December 2009 he was convicted in a jury trial in the Dunedin High Court of a single charge laid against him under the Secret Commissions Act relating to 85 secret “kick-back” (inducement) payments he received from Sew Hoy. [Read more…]
Michael Swann, Checketts McKay Law, Fraud and Otago DHB’s missing $6 Million: Report
The Serious Fraud Office (SFO) said it was “very pleased” when on March 12 2009 the two perpetrators of the largest fraud ever carried out by a state employee against a New Zealand government institution – the vulnerable Otago District Hospital Board (ODH) – were sentenced in the Dunedin High Court to lengthy prison terms. Both had been convicted by jury trial on 5 December 2008 of criminal intent to defraud the ODHB of $16.9 million using false documents.
The SFO described the $15.2 million fraud committed by the primary offender, former bankrupt Michael Andrew Swann, as the largest ever successfully prosecuted involving an individual person. Swann was sentenced to nine and a half years jail and his accomplice Kerry Gray Harford, to four years three months jail. [Read more…]