New Zealand Companies Office, National Enforcement Unit, convictions obtained during the period 1 July 2008 – 30 June 2009 (Listed alphabetically by last name or company name.)

Akroyd, Robert William Cconvicted under:
Sec 126(1)(b) of the Insolvency Act 1967 for fraudulently removing property and Sec 128(1)(c) for wilfully misleading the Official Assignee.
Sentenced on 19 August 2008 to 2 months community detention and 100 hours community service.

Ali, Raiyas (aka Rais Khan) Convicted under:
Sec 128(1)(a) of the Insolvency Act 1967 for failing to advise the Official Assignee of change in name.
Sentenced to 80 hours community service.
Sec 128(1)(f) of the Insolvency Act 1967 for quitting New Zealand without the Official Assignees consent.
Sentenced to 80 hours community service.
Sec 128(1)(a) on the Insolvency Act 1967 for failing to disclose property to the Official Assignee.
Sentenced to 100 hours community service.
Sec 128(1)(g)(i) of the Insolvency Act 1967 for obtaining credit without disclosing bankruptcy.
Sentenced to 100 hours community service.
Sec 128A(1)(b) of the Insolvency Act 1967 for managing a company whilst bankrupt.
Sentenced to 120 hours community service and to pay reparation of $1000.00.
Ali was sentenced on 8 September 2008 and sentences were imposed concurrently.

Boult, Kurtis Convicted and discharged on 24 November 2008 under:
Sec 261(6A) of the Companies Act 1993 for failing to comply with the liquidators summons.

Bridgecorp Limited The company pleaded guilty on 1 charge under:
Sec 59(1)(a) of the Securities Act 1978 for allotting securities in contravention of the Act.
The company was convicted and discharged on the 29 July 2008.

Burcher, Christopher Kerry (Logos Consulting) Convicted under:
Sec 261(6A) of the Companies Act 1993 for failing to supply the liquidator with information.
Convicted on 12 November 2008 to a fine of $2000.00 plus $130.00 court costs.

Byrne, Richard John Convicted under:
Sec 128A (1)(a) of the Insolvency Act 1967 for acting as a director whilst being an undischarged bankrupt.
Sentenced on 18 June 2009 to a fine of $1000.00 plus $130.00 court costs.

Clifford, Robert Wayne Convicted under:
Sec 128(1)(g)(i) of the Insolvency Act 1967 for obtaining credit.
Sentenced on 29 October 2008 to 3 months imprisonment.
Also convicted under:
Sec 128(1)(a) of the Insolvency Act 1967 for failing to notify the Official Assignee of change of address
Sec 128(g)(i) of the Insolvency Act 1967 for otaining credit
Sec 240(1)(b) of the Crimes Act 1961 for otaining credit by deception.
Sentenced on 4 June 2009 to 3 months imprisonment on each charge to be served cumulatively on the current sentence he is serving of 3 and a half years.

Daniels, John Warren Convicted under:
Sec 385(9) of the Companies Act 1993 for being a prohibited director and being involved in the management of a company.
Sentenced on 20 July 2008 to 4 months community detention and 200 hours community service.

Day, Sharon Mary and QED Limited Convicted under:
Sec 59(1) of the Securities Act 1978 for offering securities without a registered prospectus.
Sentenced on 10 June 2009 to a fine of $80,000.00 and ordered to pay $120,000.00 in reparation.

Ellis, Thomas Corbet Convicted under:
Sec 433(1)(f) of the Insolvency Act 2007 for quitting New Zealand without the consent of the Official Assignee.
Sentenced on 28 May 2009 to 40 hours community service.

Elphick, John Douglas Convicted under:
Sec 128A(1)(b) of the Insolvency Act 1967 for managing a company whilst bankrupt.
Sentenced on 11 December 2008 to 8 months home detention and ordered to pay $25,000.00 reparation.

Faiaoga, Folole Convicted under:
Sec 128(1)(f) of the Insolvency Act for quitting NZ and Sec 128A(1)(b) for managing a business whilst being an undischarged bankrupt.
Sentenced on 12 June 2009 to 60 hours and 40 hours community service to be served concurrently.

Global FX (Nico Francken) Convicted under:
Sec 58 of the Securities Act 1978.
Sentenced on 5 June 2008 to a fine of $21000.00.

Goodeve, Graham Ernest Convicted under:
Sec 128A(1)(b) of the Insolvency Act 1967 (13 charges)
Sec 128(1)(g)(i) of the Insolvency Act 1967.
Sentenced on 3 June 2009 to 6 months imprisonment on each of the 13 charges to be served concurrently and a further 6 months imprisonment on the other charge to be served cumulatively. Therefore a total sentence of 12 months imprisonment.

Hadlow, Richard Grosvernor Convicted under:
Sec 128A(1)(b) of the Insolveny Act 1967 for managing a business whilst being a bankrupt.
Sentenced on 13 November 2008 to 5 months imprisonment.

Hansford, Craig Stephen Convicted under:
Sec 128(1)(a) and Sec 128(1)(g)(i) of the Insolvency Act 1967 for failing to notify the Official Assignee of a change in address and for obtaining credit.
Sentenced on 27 February 2009 to 6 months imprisonment.

Harley, David Ian Tweddell Convicted under:
Sec 128A(1)(b) of the Insolvency Act 1967 for managing a business.
Sec 128(1)(a) of the Insolvency Act 1967 for failing to notify the Official Assignee of a change of address and failing to notify the Official Assignee of a change of employment.
Sentenced on 1 April 2009 to 160 hours community service

Hogan, John Claude Convicted under:
sec 128A(1)(b) of the Insolvency Act 1967 for managing a business
sec 128(1)(a) of the Insolvency Act 1967 for failure to give an accurate list of property to the Official Assignee.
Sentenced on 2 June 2009 to 4 months community detention and 150 hours community work.

Holt, Henry Convicted under:
Sec 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading while not being a registered trader.
Sentenced to a $1500 fine and $130 court costs on 18 September 2008.

Kunda, Gnanaprasham Convicted under:
Sec 126 of the Insolvency Act 1967 for concealing assets.
Sentenced on 16 September 2008 to 3 months community detention and 100 hours community service.

Lyall, Trevor John Convicted and discharged on 19 September 2008 under:
Sec 261(1) of the Companies Act 1993 for failing to comply with a written notice from the Liquidator.

Noice, Gregory Charles Convicted under:
Sec 261(6A) of the Companies Act 1993 for failing to provide the Liquidator with information.
Sentenced on 24 June 2009 to a fine of $730.00 plus ordered to pay court costs of $130.00 and Solicitors fees of $113.00.

O’Brien, Jamie Paul Cooban Convicted under:
Sec 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading while not being a registered trader.
Sentenced to a $1000.00 fine, $250 solicitor’s fees and $130 court costs on 20 January 2009.

McCarthy, Randy Morris Convicted under:
Sec 128(1)(f) of the Insolvency Act 1967 for quitting New Zealand without the Official Assignees consent.
Sentenced on 5 November 2008 to a fine of $300.00 plus court costs of $130.00.

McEwan, Robert Daniel – Stakeholder Finance Limited – Agnes Water Acquisitions Limited Convicted under:
Sec 59 of the Securities Act 1978.
Sentenced on 5 March 2009 to pay reparation of $16,000.00 at $25 a week.

Madden, Keith John Convicted under:
Sec 377 of the Companies Act 1993 (two counts) for making a false statement.
Sentenced on 27 April 2009 to 150 hours community service on each count, to be served concurrently.

Magsons Hardware Limited trading as Henderson Mitre 10 Mega Convicted under:
Sec 107(a) of the Electricity Regulations 1997 for offering for sale declared articles and Sec 107(b) for offering for sale prohibited items.
Sentenced on 20 October 2008 to a fine of $600.00 plus court costs of $130.00.

Prasad, Rajendra (World Commerce NZ Limited) Convicted under: Sec 261(6A) of the Companies Act 1993.
Sentenced on 3 December 2008 to 100 hours community service on both charges, to be served concurrently.

Puleiku, Foketi Lausii Convicted under:
sec 128A of the Insolvency Act 1967 for acting as a director of a company whilst prohibited.
Sentenced on 26 March 2009 to four weeks home detention and reparation of $50 per week to the amount of $8,100.00.

QED Limited and Sharon Mary Day Convicted under:
Sec 59(1) of the Securities Act 1978 for offering securities without a registered prospectus.
Sentenced on 10 June 2009 to a fine of $80,000.00 and ordered to pay $120,000.00 in reparation.

Rao, Vemalla Convicted under:
Sec 126 of the Insolvency Act 1967 for concealing assets.
Sentenced on 16 September 2008 to 4 months community detention and 100 hours community service.

Rea, John Peter Convicted under:
Sec 128A(1)(b) of the Insolvency Act 1967 for managing a business, Sec 128(1)(a) for failing to give an accurate list of property to the Official Assignee and Sec 128(1)(a) for failing to inform the Official Assignee in writing of any change in address.
Sentenced on 8 July 2008 to 6 months community detention plus 300 hours community service and ordered to pay reparation to the value of $22,200.00.

Reddick, Gerald Convicted under:
Sec 128A(1)(b) of the Insolvency Act 1967 (three counts) for managing a company whilst bankrupt.
Sentenced to 60 hours community service to be served concurrently.
Sec 128(1)(g) of the Insolvency Act 1967 for obtaining credit (two counts).
Sentenced to 80 hours community service on both counts, to be served concurrently.
Sec 257(1)(b) of the Crimes Act 1961 (two counts).
Sentenced to 5 months home detention plus 200 hours community service on both counts.
Sentenced on 23 September 2008.

Rodrigo, Saranga Minal Convicted under:
Sec 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading whilst not being a registered trader.
Sentenced on 8 April 2009 to a $3000 fine plus $130 court costs.

Russell, John George Convicted under:
Sec 5(1)(c) of the Receivership Act 1993 for acting as a receiver whilst being a director of that company.
Sentenced on 28 November 2008 to a fine of $7000.00.

Savage, Hugh Hamilton Convicted under:
Sec 128A of the Insolvency Act 1967 for acting as a director of a company.
Sentenced on 5 December 2008 to 4 months community detention and $10,000.00 reparation.

Sayes, Gerrard – New Zealand Investment Guild Limited Convicted under:
Reg 41 of the Securities Act (Contributory Mortgage) Regulations 1988 for failure to deliver an annual report to the Registrar.
Convicted and discharged on 25 February 2009.

Spencer, Kim Convicted under:
Sec 128(1)(f) of the Insolvency Act 1967 for quitting New Zealand without the Official Assignees consent and Sec 128(1)(a) of the Insolvency Act 1967 for failing to supply the Official Assignee with a change of address.
Sentenced on 23 October 2008 to 120 hours community service.

Sunny International Trade Limited onvicted under:
Sec 107(a) of the Electricity Regulation 1997 for offering for sale declared articles and 107(b) of the Electricity Regulations 1997 for offering for sale prohibited items.
Sentenced on 11 July 2008 to a total fine of $1200.00 plus court costs and solicitor’s fees.

Takanini Home Improvement Warehouse Limited trading as Mitre 10 Mega Takanini Convicted under:
Sec 107(a) of the Electricity Regulations 1997 for offering for sale declared articles.
Sentenced on 8 January 2009 to a fine of $500.00 plus court costs of $130.00.

Toplink Global Limited Convicted under:
Sec 107(a) of the Electricity Regulations 1997 for offering for sale declared articles.
Sentenced on 24 March 2009 to a $600 fine plus $130 court costs.

Whitley, Phillip Convicted under:
Sec 59 of the Securities Act for making allotments without having a registered prospectus.
Sentenced on 26 August 2009 to a fine of $30 000.00 and ordered to pay reparation of $900.00.

Wilkinson, Barry Edward Convicted under:
Sec 377(a) of the Companies Act 1993 for making a false statement and Sec 107(1)(a) of the Motor Vehicle Sales Act 2003 for making a false statutory declaration.
Sentenced on 15 July 2008 to 100 hours community work in respect of the Companies Act charge and convicted and discharged on the Motor Vehicle Sales Act charge.

Wood, John Basil Francis Convicted under:
Sec 128(1)(g)(ii) of the Insolvency Act 1967 for obtaining credit, 128A(1)(a) for acting as a director and 128(1)(a) for failing to complete statement of affairs.
Sentenced on 21 July 2008 to 7 months imprisonment.

Source: Companies Office > National Enforcement Unit >> Investigations and Prosecutions
Updated 17 January 2012

Farmer, Peter Joseph Nitschke, has pleaded guilty to seven charges under the Crimes Act relating to a $2.3 million farming fraud following a Serious Fraud Office investigation.

Read the full article on line >>> stuff.co.nz – Business Day

New Zealand Companies Office, National Enforcement Unit, convictions obtained during the period 1 July 2009 – 31 December 2009 (Listed alphabetically by last name or company name.)

Angus, Darryl (aka Richard Peters) Convicted under:
section 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading whilst being unregistered.
Sentenced on 22 December 2009 to a fine of $1,500.and ordered to pay solicitors fees of $130.00 and court costs of $130.00.

Anslow, Gordon (ABC Plumbing) Convicted under:
Sec 261(6A) and 194(4) of the Companies Act 1993 for failing to supply information to the liquidator and failing to keep adequate books and records.
Sentenced on 8 December 2009 to a $7000.00 fine.

Barker, Warwick George Convicted under:
Sec 126(1)(g)(i) of the Insolvency Act 1967 for concealing assets
Sec 274(1)(b) of the Companies Act 1993 for failing to deliver property to the Liquidator.
Sentenced on 9 July 2009 to 200 hours community service on each charge, to be served concurrently.

Chevin, Peter Louis Convicted under:
Sec 261(6A) of the Companies Act 1993 for failing to attend a liquidators meeting.
Sentenced to 80 hours community service on 21 July 2009.

Clegg, Brian Samuel (Clegg and Co Finance Ltd) Convicted under:
Sec 58 of the Securities Act 1978 (2 charges) relating to the provision of misleading information to investors in the prospectus.
Sec 377 (3 charges) of the Companies Act 1993 relating to the filing of reports to the Trustees containing false information.
Sentenced on 15 December 2009 to 12 months home detention. He was also convicted and discharged under Sec 59A of the Securities Act 1978.

Cross Panel and Paint Limited Convicted under:
Sec 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading whilst being an unregistered trader.
Sentenced on 12 November 2009 to a fine of $3000.00 and ordered to pay courts costs of $130.00 plus solicitors fees of $200.00.

Darby, Patrick Antony Convicted under:
Sec 38(a) of the Financial Reporting Act- ordered to pay court costs of $100.00.
Sec 194 of the Companies Act 1993 – ordered to pay court costs of $75.00.
Sentenced on 25 September 2009.

The Fashion Leader Convicted under:
Sec 107(a) of the Electricity Regulations 1997 on four counts relating to offering for sale declared electrical items.
Sentenced on 4 November 2009 to a fine of $500.00 plus court costs of $130.00 and $100.00 solicitors fees.

Feng Bao International Trading LTD Convicted on 7 counts under:
Sec 107(a) of the Electricity Regulations 1997 for offering for sale declared electrical items.
Sentenced on 23 September 2009 to a fine of $1050.00 plus court costs of $130 on 1 charge and convicted and discharged on the other 6 charges.

Import Direct Limited Convicted under:
Sec 107(a) of the Electricity Regulations 1997 for offering for sale declared electrical items.
Sentenced on 2 September 2009 to a fine of $600.00 plus court costs of $130.00 on one charge and convicted and discharged on other four charges.

Joe, Leigh Maria Convicted under:
sec 107(a) of the Electricity Regulations 1997 for offering for sale declared electrical items.
Sentenced on 17 September 2009 to a fine of $500.00 plus court costs of $130.00 and solicitors fees of $150.00.

Knight, Michael Helsby Convicted under:
Sec 382(1)(b) for taking part in the management of a business
Sec 128A(1)(b)for taking part in the management of a business whilst bankrupt and
Sec 128(1)(a) for failing to disclose property to the Official Assignee.
Convicted on 6 October 2009 and will be sentenced if called upon.

Krotolica, Vojislav Convicted under:
Sec 433(f)(i) of the Insolvency Act 2006 for quitting New Zealand without the consent of the Official Assignee.
Convicted and discharged on 22 December 2009.

McLean, Patrick Leef Convicted under:
Sec 377 of the Companies Act 1993 for amending the Companies Register without authority knowing it to be false.
Sentenced on 15 October 2009 to 200 hours community work. An order was made pursuant to Sec 382(1)(b) of the Companies Act 1993 prohibiting McLean from being a director of a company for a period of 5 years following his conviction.

Magsons Hardware Limited Convicted under:
sec 107(a) of the Electricity Regulations 1997 (five counts) for offering for sale declared electrical items.
Sentenced on 30 November 2009 to a fine of $800.00 plus $650.00 court costs.

McNamara, Stephen Patrick Convicted under:
Sec 10 of the Financial Reporting Act and sentenced to a fine of $12,000.00 together with court costs of $130.00.
Convicted and discharged under sec 36(1) of the Financial Reporting and Sec 206 and 189(5)(b) of the Companies Act 1993.
Sentenced on 9 November 2009.

Morgan, Rhys David (Investment Management Ltd) Convicted under:
Sec 59 of the Securities Act 1978 (2 charges) in relation to the Gables Proportionate Ownership Scheme.
Sentenced on 25 November 2009 to a fine of $15,000.00 on each charge and court costs of $130 on each charge with $500.00 solicitors fees.

Morris, Christopher Cliff Convicted under:
Sec 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading whilst being an unregistered trader.
Sentenced on 30 July 2009 to a $3000.00 fine.

Penfold, David Convicted under:
Sec 10 of the Financial Reporting Act.
Sentenced to a fine of $12,000.00 together with court costs of $130.00 on 9 November 2009.
Convicted and discharged under sec 36(1) of the Financial Reporting and Sec 206 of the Companies Act 1993.

Peters, Richard (aka Darryl Angus) Convicted under:
section 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading whilst being unregistered.
Sentenced on 22 December 2009 to a fine of $1,500.and ordered to pay solicitors fees of $130.00 and court costs of $130.00.

Scoble, Paul Convicted under:
Sec 107(a) of the Electricity Regulations Act 1997 for selling a declared article and
Sec 107(aa) for selling an item without a declaration of compliance.
Sentenced on 17 December 2009 to a fine of $500.00 per charge plus $130.00 court costs.

Shearer, Malcolm David Convicted under:
Sec 261 of the Companies Act 1993 for failing to comply with a written notice from the Liquidator. Sentenced on 28 September 2009 to a fine of $1850.00 plus solicitors fees of $113.00.

The Style Master Limited Convicted under:
Sec 107(a) of the Electricity Regulations 1997 for offering for sale declared articles and 107(aa) of the Electricity Regulations 1997 for selling outlet devices without a declaration of compliance.
Sentenced on 17 July 2009 to a fine of $500 per count (total of $1500.00) and $200 solicitors fees and $130 court costs.

Swift, Clinton John Convicted and discharged on 14 July 2009 under:
Sec 96 of the Motor Vehicle Sales Act 2003 for trading whilst being banned to do so.

Toe Limited / Simon Guppy Convicted under:
Sec 214 of the Companies Act 1993 for failing to deliver an annual return to the Registrar of Companies.
Sentenced on 17 November 2009 to a fine of $600.00 and ordered to pay $260.00 court costs.

Whitelaw, Barry Convicted under:
sec 128A(1)(b) of the Insolvency Act 1967 for being self employed without the consent of the Official Assignee.
Sentenced on 2 December 2009 to 10 months and 2 weeks imprisonment.

Whitfield, Mark James Convicted under:
Sec 433(1)(g) of the Insolvency Act 2006 for obtaining credit.
Sentenced on 6 November 2009 to 60 hours community service.

Wilkinson, Barry Edward Convicted under:
Sec 95(1)(a) of the Motor Vehicle Sales Act 2003 for trading whilst being an unregistered trader.
Sentenced on 19 October 2009 to a fine of $1500.00 and $130.00 court costs.

Source: Companies Office > National Enforcement Unit >> Investigations and Prosecutions
Updated 17 Januray 2012

Paul Matthew Gregory pleaded guilty in the Hamilton District Court to two charges of accessing a computer system for dishonest purpose.

Read the full article on line >>> NZ Herald – nzherald.co.nz

The Maserati-driving former director of Koru Medical Radiology has been sent to jail for cheating the ex-ray equipment company of more than $8 million.

Alan John McMillan (51) was today sentenced to two years and ten months in prison at the North Shore District Court, after pleading guilty to 21 charges…

Read the full article on line >>> The National Business Review – nbr.co.nz

Former Koru Medical Radiology director Alan John McMillan has been sentenced today to more than two years’ imprisonment after pleading guilty to 21 charges of forgery and dishonestly using a document.

The charges were brought under the Crimes Act in April, following a Serious Fraud Office investigation.

Read the full article on line >>> stuff.co.nz

The guilty verdict for three Nathans Finance directors – Roger Moses, Mervyn Doolan and Donald Young – is a huge wake-up call for directors of public issuers.

That is because Justice Paul Heath has determined that “directors have a non-delegable duty to form their own opinions” on matters relating to investment statements, prospectuses and advertisements.

Read the full article on line >>> NZHerald – nzherald.co.nz

The former national property manager for the ACC has today pleaded guilty to corruption charges brought by the Serious Fraud Office.

Malcolm Mason this morning plead guilty to two Crimes Act charges and one Secret Commissions Act charge in the Wellington District Court.

Read the full article online >>> NZ Herald – nzherald.co.nz

Byron Pearson, an Ashburton chartered accountant, has pleaded guilty to five amended charges of breaching industry codes of ethics relating to an audit of South Canterbury Finance’s financial statements.

At a hearing held in Wellington yesterday, Mr Pearson pleaded guilty to the charges brought by the disciplinary tribunal of the New Zealand Institute of Chartered Accountants.

Read the full article online >>> The National Business Review

Peter Edward Hynes today pleaded guilty in the Christchurch District Court to 40 charges laid by the Serious Fraud Office (SFO) totalling $1.6M.

The SFO, who had extradited Hynes from Australia, said they had worked effectively with the NZ Police and Interpol to bring Hynes to justice.

SFO Chief Executive, Adam Feeley, said, “New Zealand fraudsters should not assume that fleeing to another jurisdiction will allow them to avoid accountability for their crimes.”

Read the full article online >>> Guilty plea on SFO $1.6m fraud charge

Source: The Serious Fraud Office