Final guilty plea completes Gisborne finance company case

Media release
3 October 2013

Final guilty plea completes Gisborne finance company case

Nigel Brent O’Leary (57), a former director of Rockforte Finance Limited (Rockforte), entered guilty pleas in the Wellington High Court today to Serious Fraud Office (SFO) charges.

Mr O’Leary, who was due to stand trial in Gisborne next week pled guilty to the nine charges he was facing. His two former colleagues Colin Mark Simpson and John Patrick Gardner had already pled guilty at earlier appearances. Mr O’Leary’s plea brings the prosecution to an end.

Mr O’Leary’s charges relate to theft by person in special relationship, obtaining by deception, false statement by promoter and false accounting. The false reporting lead to the acceptance of Rockforte into the Crown Retail Deposit Guarantee Scheme, and the subsequent taxpayer funded bailout.

A significant portion of Rockforte investors’ money was used as a source of funding for the personal business interests of Mr O’Leary. Those business interests included Gisborne Haulage Limited and Michael Ward 1969 Limited, which operated the Jean Jones label throughout New Zealand. These businesses eventually failed. The SFO charges mainly related to this lending and the manner in which it was reported in Rockforte’s accounts.

SFO’s Acting Chief Executive, Simon McArley said, “The total losses amounted to $3.86 million which had a significant effect on the Gisborne community and their confidence in local financial institutions. It is hoped that the successful prosecution of this offending will go some way to restoring that confidence and demonstrating that SFO prosecutions do ensure those who commit financial crime are held to account.”

Mr Simpson was earlier sentenced to 11 months’ home detention and 200 hours of community work. Mr Gardner and Mr O’Leary will be sentenced in Gisborne High Court on 24 October.

ENDS

Note to editors

Background to investigation
Rockforte Finance Limited was incorporated on 20 June 2003 and placed into receivership on 10 May 2010.

The SFO opened its investigation into Rockforte on 6 December 2010, following discussions with its Receivers, Indepth Forensic Limited. Rockforte was placed into liquidation on 15 February 2011. The Official Assignee was appointed liquidator.

The MED’s National Enforcement Unit and Financial Markets Authority also provided support and assistance to SFO on this case.

Rockforte was established in 2003 as a provider of consumer and commercial financial services. The majority of its investors were from the Poverty Bay region. It operated under a trust deed that prohibited it from using investors’ funds to make loans to related parties in excess of 2% of its total tangible assets without the consent of the trustees.
Its predominant activity was financing the purchase of second-hand motor vehicles (primarily Japanese imports) with loans secured against the vehicles.
In February 2009, Rockforte obtained approval for acceptance into the CRDGS for a period of two years. However, the Crown Deed of Guarantee was withdrawn effective from 1 January 2010.
Crimes Act offences
Crimes Act 1961
Section 220 Theft by person in special relationship
(1) This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person -
(a) to account to any other person for the property, or for any proceeds arising from the property; or
(b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
(2) Everyone to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.
(3) This section applies whether or not the person was required to deliver over the identical property received or in the person's possession or control.
(4) For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.
Section 240 Obtaining by deception or causing loss by deception
(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right -
(a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly; or
(b) in incurring any debt or liability, obtains credit; or
(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or
(d) causes loss to any other person.
(2) In this section, deception means –
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and –
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.
Section 242 False statement by promoter, etc.
(1) Everyone is liable to imprisonment for a term not exceeding 10 years who, in respect of any body, whether incorporated or unincorporated and whether formed or intended to be formed, makes or concurs in making or publishes any false statement, whether in any prospectus, account, or otherwise, with intent -
(a) to induce any person, whether ascertained or not, to subscribe to any security within the meaning of the Securities Act 1978; or
(b) to deceive or cause loss to any person, whether ascertained or not; or
(c) to induce any person, whether ascertained or not, to entrust or advance any property to any other person.
(2) In this section, false statement means any statement in respect of which the person making or publishing the statement—
(a) knows the statement is false in a material particular; or
(b) is reckless as to the whether the statement is false in a material particular.
Section 260 False accounting
Everyone is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to deceive or cause loss to any other person,—
(a) makes or causes to be made, or concurs in the making of, any false entry in any book or account or other document required or used for accounting purposes; or
(b) omits or causes to be omitted, or concurs in the omission of, any material particular from any such book or account or other document; or
(c) makes any transfer of any interest in a stock, debenture, or debt in the name of any person other than the owner of that interest.

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