Michael Swann, Checketts McKay Law, Fraud and Otago DHB’s missing $6 Million: Report

November 11, 2010 by Leave a Comment

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...]

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Cheyenne Insurance Company (NZ) Ltd: When is an ‘insurance’ company a real insurance company?

October 20, 2010 by Leave a Comment

On 7 September 2010 the Insurance (Prudential Supervision) Act 2010 was approved by the NZ Parliament and received the Royal Assent. It embodies a wide range of legislative reforms that are well overdue and are overwhelmingly supported by industry members. Under s. 219 and 220 of the Act it is an offence for a company to use in its name any of the following words, unless the company is legitimately engaged in lawful insurance transactions, those words being “insurance”, “assurance”, “underwriter”, and “reinsurance” or words with identical meanings.

So where does this leave privately owned so-called ‘insurance’ companies such as the obscure entity Cheyenne Insurance Company (NZ) Ltd that are not lawfully entitled to engage in any insurance transactions, and which appear to have been largely operating in property development transactions in New Zealand, largely based in Central Otago?

Cheyenne Insurance, directed by American businessman John M Carr CPA since 24 May 1991 and owned by him since 26 July 1990, has never deposited the required security (minimum $500,000) with the NZ Public Trust that would entitle it to lawfully engage in insurance transactions in New Zealand under the Insurance Companies’ Deposits Act 1953. Then what exactly is it doing in New Zealand? [Read more...]

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John M Carr and the Financial Reporting Act

October 18, 2010 by Leave a Comment

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John M Carr – successfully prosecuted under the Financial Reporting Act 1993

October 15, 2010 by Leave a Comment

A number of criminal cases were presided over by Judge Roderick Joyce QC in the Auckland District Court this afternoon. In one case – Ministry of Economic Development v. John Malcolm Carr, barrister Todd  Alastair Simmonds (see: http://www.toddsimmonds.co.nz/ ) appeared for his client, American businessman Mr John M Carr (see photo: http://www.carr.co.nz/images/jmc.jpg ) who had been represented at three previous court fixtures by his solicitor Alan Bevan McKay of Checketts McKay Law, Cromwell.  John M Carr pleaded guilty through his lawyer to all charges and was convicted on six charges for failing to submit financial statements relating to companies he directed. [Read more...]

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Ministry of Economic Development v John Malcolm Carr – case deferred to 28/09/2010

August 31, 2010 by Leave a Comment

Neither John Malcolm Carr nor his attorney Alan Bevan McKay of Checketts McKay Law, Cromwell, appeared today at 10 am in Courtroom 2 of the Auckland District Court in the case Ministry of Economic Development v John Malcolm Carr . The case was initially set down for 12 August 2010 but was adjourned on that day until this morning, 31 August, at the request of Mr John M Carr (via an email sent to the Deputy Court Registrar through his lawyer Mr McKay on 12 August). [Read more...]

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John M Carr – Director faces charges in Auckland District Court on 31 Aug (updated)

August 27, 2010 by Leave a Comment

The Auckland District Court has confirmed today that at 10am on Tuesday 31 August 2010 a prominent American citizen and Company Director, John Malcolm Carr, will face eight charges in Courtroon 2 in the Auckland District Court brought against him by the Ministry of Economic Development (MED). Neither he nor his lawyer Alan Bevan McKay of Checketts McKay Law (Cromwell) turned up to a Court fixture set down for 12 August 2010. Mr McKay sent an email to the Court that day seeking an adjournment of the hearing until 31 August, which was granted.

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John M Carr: Compliance Issues and the Companies Act – complaints raised.

August 16, 2010 by Leave a Comment

An American businessman, John Malcolm Carr, who has NZ-US dual citizenship and is a director of New Zealand companies linked to pornographer Stephen (Steve) Peter Crow, is intending to plead guilty to eight criminal charges involving breaches of the Financial Reporting Act 1993, when he faces the Auckland District Court at 10 AM on Tuesday 31 August. This is what his lawyer, Mr Alan Bevan McKay of Checketts McKay Law, Cromwell, informed the Deputy Registrar of the Court via email on Thursday 12 August, when the case was called in the Court.

See: http://www.stuff.co.nz/business/industries/4017695/American-director-misses-court-date

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John Malcolm Carr – Porn Company Director linked to Steve Crow misses Court

August 13, 2010 by Leave a Comment

American Director misses Court date – by Michael Field – Stuff News. 12/08/2010 

An American company director facing eight charges under the Financial Reporting Act failed to appear in the Auckland District Court yesterday [11 August] 

The charges were laid by the Ministry of Economic Development (MED) enforcement unit against John Malcolm Carr, whose date of birth is listed as unknown. His address was given as a Remuera, Auckland, apartment but MED says it has not been able to contact him there or at any stage in its inquiry into his activities. Unusually, Carr could not be located to serve summons on and they were received by his Cromwell lawyer, Alan [Bevan] McKay [partner in Checketts McKay Law]

Carr’s company listings were first challenged by the Wellington based Society for the Promotion of Community Standards who questioned the commercial relationship between Carr and pornographer Stephen Crow who runs the “boobs on bikes” parades. The two have shared directorships on companies. The society questioned whether MED was adequately monitoring the internet based company registration system.

The charges against Carr were laid in the District Court yesterday but Carr and Mr McKay were not present before the registrar. During a brief hearing Mr McKay contacted the court by email to advice that they would not be present and was granted an adjournment to appear before a judge on August 31.

He was charged with failing to submit financial reports for two years running over Velocity Partners, PJ Digital, First Virtual Deposit and Nominee and Shelf Company No 10.

[See John Carr's Company relationships to Steve Crow's porn companies on SPCS website]

If convicted on a charge Carr can be fined up to $100,000. Carr says on a website johnmcarr.com that he was born in the US but grew up in New Zealand. He claims that in 1995 as a director of New Zealand Petroleum he changed its direction to enter health care facilities for the elderly.

Shelf Company No 10 claims to have purchased 80 hectares of “iconic coast line” property in Pakiri, north of Auckland.

Source: http://www.stuff.co.nz/taranaki-daily-news/business/national-business/4017695/American-director-misses-court-date

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John M Carr – porn company director – next step in criminal case

August 12, 2010 by Leave a Comment

The Deputy Registrar of the Auckland District Court has set down John Malcolm Carr’s next hearing on eight charges laid against him by the Ministry of Economic Development (MED) under the Financial Reporting Act 1993, as 10 AM Tuesday 31st August 2010. The matter which has raised considerable media interest was dealt with this morning in Courtroom 5.

[Updated 13/08] John M Carr who the MED has failed to make contact with or serve papers on since July last year, despite their best efforts, failed to turn up to Court.  His lawyer, Alan Bevan McKay, a partner in Cromwell-based Checketts McKay Law, also failed to turn up.  Mr McKay contacted the Court by email during the morning to say that neither he nor his client would be appearing and asked for an adjournment until 31st August when his client – so he said – would be pleading guilty to all eight charges brought against him (source: case manager and Stuff News article. See above).

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John M Carr CPA – Cheyenne Insurance Co. (NZ) Ltd $5.5 M property bonanza

May 15, 2010 by Leave a Comment

New Zealand Companies Office records show that on 9 November 2004 John M Carr CPA, a company director residing in the United States of America, acquired all 50,000 shares in Cheyenne Insurance Company (NZ) Limited of which he had been sole director since 24 May 1991 (It was incorporated on 26/07/90). Prior to the share transfer and as far back as at least 17 April 2001, Angelika Carr held 49,999 shares and BBS Employment Plans Inc., a Florida registered profit corporation with John Malcolm Carr CPA as Principal and Director, held the remaining one share (the latter corporation was dissolved in 1994).

See: US-based critic of economy [John M Carr CPA] has lots more to say

http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=154653

[Read more...]

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