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Guilty plea entered in loan fraud case
5 October 2011
Guilty plea entered in loan fraud case
A man pleaded guilty in the Auckland District Court today for his role in a scheme to defraud Dunedin-based vehicle finance company MTF, following an investigation by the Serious Fraud Office (SFO).
Clark Anthony Lewis (35) pleaded guilty to nine charges of obtaining funds by deception under the Crimes Act. The charges carry a maximum penalty of seven years. Six other defendants also appeared in court today in relation to similar charges but entered no plea.
The SFO laid a combined total of 110 charges against the seven individuals in August as a result of allegations made against Mark James Whelan (38), formerly an Auckland-based retail dealer for MTF and later a franchisee of the company.
It is alleged that while in those positions and between July 2005 and February 2009, Mr Whelan wrote a number of loans in the names of family, friends and associates using various non-existent assets as security. He is accused of obtaining loans totaling $4.9 million and using those funds for personal gain, including the purchase of land, servicing of personal debts, and investing in a futures trading scheme.
Mr. Lewis was accused of signing nine contracts for finance that falsely represented that specified assets were being purchased or were owned. These assets did not exist.
Mr. Whelan is facing 25 individual charges and 41 joint charges of obtaining by deception under the Crimes Act.
The other individuals facing joint charges under the Crimes Act for their roles in obtaining illegal funds under Mr. Whelan’s scheme are: Richard Michael Barnett (43), 16 charges; Jonathan Earle Chiswell (35), three charges; Brett Royce Donaldson (49), seven charges; Stewart Travis Saunders (42), one charge; and Karl Sean Toussaint (40), five charges. Mr. Chiswell and Mr. Whelan are also facing a further three joint charges.
The defendants are scheduled to next appear in court on 26 October. A separate sentencing date for Mr. Lewis is yet to be set.
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