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  1. #2891
    Legend Balance's Avatar
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    Yet another great example of what Allan Hubbard and SCF were up to - lending and investing recklessly and freely to finance the lavish lifestyles and non-productive activities of many speculators, con-men and hanger-ons :

    http://www.nbr.co.nz/article/103m-so...osed-mn-111364

    Guilty plea in $23m SCF fraud case
    DAVID CLARKSON Last updated 12:48 01/03/2012

    A former company director admits he ripped off South Canterbury Finance (SCF) to the tune of $23 million - spending more than $1m on "various female companions".

    The Serious Fraud Office (SFO) has revealed Gavin Clifford Bennett's spending habits after the former Datasouth Finance director pleaded guilty to six charges of dishonestly using documents, and two charges of false accounting.

    The six charges involved $23 million in fraud against SCF and related to 894 false transactions.

    SCF went into receivership in August, 2010 and triggered a $1.6 billion Government payout under the Crown's retail deposit guarantee scheme.

    In the Christchurch District Court today, Judge Oke Blaikie said due to the "magnitude" of Bennett's offending the 54-year-old would be held in custody until his sentencing on May 3.

    The SFO presented a summary to the court, showing expenses listed in his bank statements and credit card statements.

    The expenses included the rental for two luxury residential apartments in The Rocks, Sydney of $A463,000 (NZ$595,000), and regular payments to various female companions of $A900,000.

    Other costs included international air travel for himself and various companions totalling $A161,000, including to Argentina, New York, Hong Kong, Las Vegas, Paris and London.

    He also purchased luxury goods from Louis Vuitton, Cartier and Chanel, totalling $A163,000.

    The fraud was a Ponzi scheme where Bennett had SCF provide funds for false customers who were supposedly taking up IT services and hardware.

    The scheme was kept going for six years by Bennett making scheduled repayments as further false leases provided more finance.

    In court, SFO prosecutor Catherine Butchard opposed bail. Defence counsel Carol Morgan asked that bail be granted because Bennett had surrendered his passport and posed no flight risk.

    He had returned to New Zealand to face the matters and had co-operated with the inquiry. He was a first offender, apart from one traffic conviction.

    But, Judge Blaikie refused bail because of the size of the fraud. He asked for a pre-sentence report to consider Bennett's suitability for home detention so that "all options" could be considered.

    Bennett established a business that became known as Datasouth in 1993. It comprised several companies which included Datasouth Finance.

    The company leased IT hardware and the purchase of the equipment to be leased was financed initially by SCF.

    Customers would enter an equipment rental agreement and mostly the IT hardware would be leased by the customer for 36 months at an agreed interest rate.

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    Datasouth Finance would submit copies of the equipment rental and individual assignment agreements to SCF which would then approve the loan - or not - and advance the money.

    Crown prosecutor Catherine Butchard said: "During the period from April 1, 2011, to March 31, 2011, the defendant (Bennett) created false equipment rental agreements and individual assignment agreements using details of genuine customers to obtain funds dishonestly from South Canterbury Finance."

    Similar offending processes were used by Bennett at least 894 times over those six years.

    "To cover up the offending the defendant would make scheduled repayments on false leases using funds obtained from subsequent false leases in a manner similar to a Ponzi scheme."

    The amount involved in the offending was about $65 million with a total loss to SCF of $23 million.

    "In this regard a civil judgement debt has been entered against the defendant in the sum of $23 million," Butchard said.

    In 2008, SCF was approved to become covered by the Government Guarantee Scheme. When SCF went into liquidation the Government committed $1.6 billion to reimburse losses incurred by investors of SCF.

    "The loss to SCF as a consequence of the defendant's offending is at least $23 million, which is a loss that will ultimately be borne by the New Zealand taxpayer," said Butchard.

    Between April 2005 and March 2011, about $7.8 million was paid either to personal New Zealand and Australian bank accounts controlled by Bennett or applied to business credit cards that he used for personal expenses.

    The SFO has accepted that a small proportion of the $7.8 million could be attributed to business related expenses.

    Datasouth went into liquidation in March 2011 and 42 staff lost their jobs.

    Bennett made an unexpected appearance at court today to enter his guilty pleas. He had been scheduled for a post-committal conference on the charges later this month, as though the case was heading for tri

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  3. #2893
    Legend minimoke's Avatar
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    For the sake of completeness, Edward Sullivan was found guilty on five of the nine of the charges he faced and has been remanded on bail. He'll be sentenced on December 12. Expect the usual wet bus ticket Home DAnother director Bob White and former chief executive Lachie McLeod were both found not guilty on all counts.

  4. #2894
    Legend Balance's Avatar
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    Quote Originally Posted by minimoke View Post
    For the sake of completeness, Edward Sullivan was found guilty on five of the nine of the charges he faced and has been remanded on bail. He'll be sentenced on December 12. Expect the usual wet bus ticket Home DAnother director Bob White and former chief executive Lachie McLeod were both found not guilty on all counts.
    Could be more action yet on the SCF front.

    Very little doubt that there was gross incompetence on a grand scale by government Treasury officials. Doubt FMA will take action as it will be all too embarrassing to surface the goings on behind the scenes.

    http://www.stuff.co.nz/business/mone...rs-want-action

    All power though to Chris Lee.

    Chris is not a person I have much respect for as he was as arrogant as he was ignorant about what was really happening in the finance company sector, but those who lost a lot of money need a champion.

  5. #2895
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    Quote Originally Posted by Balance View Post
    Could be more action yet on the SCF front.

    Very little doubt that there was gross incompetence on a grand scale by government Treasury officials. Doubt FMA will take action as it will be all too embarrassing to surface the goings on behind the scenes.

    http://www.stuff.co.nz/business/mone...rs-want-action

    All power though to Chris Lee.

    Chris is not a person I have much respect for as he was as arrogant as he was ignorant about what was really happening in the finance company sector, but those who lost a lot of money need a champion.
    If my memory serves me correctly (and I have to admit to getting a bit doddery now) I seem to recollect Mr Lee has already championed SCF by trying to get his clients into it Indeed as I check back in 2007 he said ""There are some companies that are unarguably good - Marac, Strategic, St Laurence, South Canterbury and UDC."

  6. #2896
    Legend Balance's Avatar
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    Quote Originally Posted by minimoke View Post
    If my memory serves me correctly (and I have to admit to getting a bit doddery now) I seem to recollect Mr Lee has already championed SCF by trying to get his clients into it Indeed as I check back in 2007 he said ""There are some companies that are unarguably good - Marac, Strategic, St Laurence, South Canterbury and UDC."
    You are 100% absolutely right about Chris Lee's calls on the finance company sector. He even had his own rating system which proved as bad as anything the finance companies would dream of!

    Nevertheless, it is good he is doing something about the losses sustained by SCF's pref shares holders.

  7. #2897
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    Quote Originally Posted by Balance View Post

    Nevertheless, it is good he is doing something about the losses sustained by SCF's pref shares holders.
    I was a late comer to this thread not arriving till page 13 but people should go back to page 1.

    I reckon the preference holders ended up with what they deserved . And I reckon Chris Lee Is trying to rewrite the history books with this poor attempt to re image himself.

  8. #2898
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    Quote Originally Posted by minimoke View Post
    I was a late comer to this thread not arriving till page 13 but people should go back to page 1.

    I reckon the preference holders ended up with what they deserved . And I reckon Chris Lee Is trying to rewrite the history books with this poor attempt to re image himself.
    Chris Lee is shameless - that much we know from his behavior pre and post crash with the finance companies.

    There is a valid point about SCF preference shares which he makes though - they were still trading when SCF was being managed by Samford Maier. But for the bullish comments from Mr Maier and Hubbard, many might have chosen to bail out.

    " Mostly local fans of the late Allan Hubbard, these people attended a Timaru meeting in late 2009 at which Hubbard spoke with great enthusiasm, specifically stating he would not sell his SCF preference shares. He still had high hopes. People believed him.

    Then in the period between April 2010 and July 2010 they listened to SCF’s chief executive, the American Samford Maier Junior, issue a series of statements to the NZX and the media, claiming SCF was past its losses and had a bright future.

    SCF paid the preference shareholders their quarterly dividend in June 2010, just nine weeks before SCF collapsed. It had been insolvent for more than nine weeks, one would think."

  9. #2899
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    Quote Originally Posted by Balance View Post

    There is a valid point about SCF preference shares which he makes though - they were still trading when SCF was being managed by Samford Maier. But for the bullish comments from Mr Maier and Hubbard, many might have chosen to bail out.
    Laziness, stupidity, blindness and greed are a toxic mix - characteristics displayed by preference holders. You only need to go back to the posts on this thread pre April 2010 and after that to see the writing was well and truly on the wall.

    My only hope is that the appalling mess that SCF was has taught people a lesson. Unfortunately I suspect people will have short memories. Anyone who thinks Chris Lee is a white knight late 2014 is frankly mad. I reckon he is using this as an opportunity to enhance his mailing list of dumb f##cks who can be exploited some point in the future.

    I'd be much more interested in a class action against financial advisers who put trusting investors money into ticking time bombs like SCF.

  10. #2900
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    Quote Originally Posted by Balance View Post
    This article in the Sunday Star Times gives a good insight into the advice given on finance companies by Chris Lee. Have a read of this :

    http://www.stuff.co.nz/business/pers...-and-adversity

    Excerpts :

    "In March 2006 Lee invested the Lindsays' money in Hanover Capital, but in October the next year he withdrew support for the company and wrote in his public blog: "Mark Hotchin and Eric Watson are not bankers, and not the sort of people one would regard as low-risk conservatives." Good one.

    "In a letter to the couple in early February, Lee said: "Never did I make your decisions. Not once have I contacted you, or any client seeking to persuade you to invest money in anything. Never have I invested your money for you. You invested your money." Another good one.





    Advice and adversity
    By ROB STOCK - Sunday Star Times

    "It appears to be a collection of investments without any structure, and looks more like something from a DIY investor, rather than one put together by an investment professional."

    That's the opinion of senior Spicers' financial planner Jeff Matthews on a portfolio created for retired Southland farmers Clare and John Lindsay on the advice of high-profile Kapiti Coast adviser Chris Lee.

    In an assessment paid for by the Lindsays in a bid to get Lee to compensate them for losses, Matthews said: "It is pretty obvious you have a poorly constructed portfolio, which has exposed you to considerable capital loss from investments that should be considered safe.

    "A well-constructed bond portfolio should give investors peace of mind and a regular income, and you have neither."

    And peace of mind is what the Lindsays say they were after, saying they told Lee when they first contacted him back in 2005 that they considered themselves conservative investors, though they have no written proof of that, and Lee says he does not keep records of clients' risk profiles.

    But the Lindsays have been left holding virtually worthless Babcock & Brown subordinated notes, as well as capital notes in St Laurence (in moratorium), debentures in Dorchester Finance (in moratorium), Hanover Capital preference shares (in moratorium), debentures in North South Finance (in moratorium) and two tranches of debentures in Strategic Finance (in moratorium).

    The couple said they were private people and asked for the sums involved to be kept confidential, but felt they needed to tell their story because they were infuriated to see Lee continually quoted in the media and criticising others when they feel so badly let down.

    "You read his blogs and feel he's a really good guy that is there for the investors, but we feel that is just an illusion," said Clare Lindsay.

    Around 60% of their portfolio was in finance companies. Around 30% was in investments with either no rating from a respected international ratings agency, or a rating below investment grade.

    Nine of the 18 non-cash investments in their portfolio are in serious trouble, with another bonds in Nufarm trading at a discount to face value.

    Missing, noted Matthews, were the large weightings of highly rated, liquid corporate bonds and government stock which would usually underpin a portfolio for conservative investors.

    The result has been a big drop in the Lindsays' income.

    Lee said that although he sympathised with investors who had lost money, financial markets deteriorated further and faster than anyone forecast. That badly affected and in some cases destroyed reputable organisations that were previously well thought of.

    "No financial strategy, other than to buy government stock and use bank deposits only, has been successful," he wrote to the Lindsays earlier this year.

    Ad Feedback Clare Lindsay said the couple felt they had been naive. They feel they handed over the management of their retirement nest eggs too casually something they would not have done with the management of their farm.

    They have not ruled out legal action, but feel they are not wealthy enough to risk more on a court battle for compensation.

    The Lindsays have asked Lee to buy back the investments they say were never suitable for them Hanover Capital preference shares and St Laurence capital notes, both of which are lower ranking than debentures as well as their investments in Strategic Finance, made in late 2007, when they say Lee should have realised there were high risks around the company.

    Lee has told the couple he will not do so.

    The couple also feel betrayed by Lee's public criticism of companies he had advised them to invest in.

    In March 2006 Lee invested the Lindsays' money in Hanover Capital, but in October the next year he withdrew support for the company and wrote in his public blog: "Mark Hotchin and Eric Watson are not bankers, and not the sort of people one would regard as low-risk conservatives."

    Lee told the Sunday Star-Times he could understand the criticism, but said his outspoken stances and advice to finance companies had been heeded in cases which had helped preserve the company. He declined to say which firms had been so preserved.

    Lee said: "They want to put their side of the story to you, which is their right. It is not something I would do, but I guess it is their choice.

    "I won't comment on them individually, but I do accept we are in very stressful times, and that people have every reason to be outraged by losses they have and anyone who has lost 10% of their money would be outraged, but most of the country that have invested money would have lost more.

    "The reality is we haven't got everything right, but we have been a little bit more right than wrong."

    He estimated that about 12% of $1.2 billion in clients' money was in frozen finance companies, the bulk in Strategic and St Laurence. The outcome for investors in those is uncertain.

    The Lindsays say that when they went to Lee in 2005, they thought they were taking on an adviser who would build a portfolio for them. The only difference to other advisers was that they would manage their own paperwork.

    Lee said his firm did not work like that. It did offer advice, but as a sharebroker with around 10,000 clients, it did not take responsibility for clients' portfolios. Instead, advice was given when sought on individual securities, and free consultations given on portfolios, Lee said.

    "We can't and don't run portfolios for people. We don't charge them fees [Lee is a commission-only adviser] or sit down with people in Auckland."

    And at the end of the day, investors were making their own decisions.

    In a letter to the couple in early February, Lee said: "Never did I make your decisions. Not once have I contacted you, or any client seeking to persuade you to invest money in anything. Never have I invested your money for you. You invested your money."

    Clients are contacted through email alerts, but it is they who pick up the phone and ask whether new issues are suitable for them, or what they should do when an investment they have matures, he said.

    In one letter to the Lindsays, Lee does appear to acknowledge that the couple were concerned over risk, saying he believed they expressed their needs as "being above bank rate interest on your capital with as little risk as possible", reflecting their retirement and decision to defer buying a house.

    Lee famously offered to compensate clients he had advised to invest in Provincial Finance, which was the first finance company to collapse, back in 2006.

    But Lee said that was because he could see that there had been flaws in his researching of the company. It should not be interpreted as an offer to make up for any losses resulting from advice his firm gave, he said.
    Heres an insightful post!

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