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SFO's live finance company investigations near conclusions, more in sights

Posted in News

The Serious Fraud Office is likely to conclude investigations into Capital + Merchant, Five Star Group and Nathans Finance within about a month and is making preliminary inquiries into another two or three companies that raised money from the public, SFO director Adam Feeley says.

In a Double Shot interview with interest.co.nz, Feeley also bemoaned the level of financial literacy in New Zealand, saying some people spent more time investigating relatively small purchases such as dishwashers than they did considering where to invest hundreds of thousands of dollars.

Feeley said the SFO’s three live finance company investigations – into Five Star, Nathans Finance and Capital + Merchant – were nearly finished. The three are now either in receivership or liquidation having collapsed in 2007 and 2008 owing about NZ$441 million between them through about 17,000 deposits. See more in our Deep Freeze list. 

“We are in a position I think to be making announcements within the next month or so,” Feeley said, adding that he couldn't say whether charges were likely.

The three are among about 40 finance company collapses over the past four years which have put billions of dollars of investors’ savings at risk.

Meanwhile Feeley said preliminary inquiries were being made into two or three other companies that had raised money from the public and loaned it on to other businesses or through other transactions.

The SFO recently concluded what Feeley described as "extensive and exhaustive" investigations into Bridgecorp, which collapsed into receivership on July 2, 2007 owing 14,367 investors NZ$459 million, with fresh charges against the group's managing director Rod Petricevic and finance director Robert Roest. Feeley said despite some public perceptions that all finance company collapses involved fraud this wasn't the case.

People ought to bear in mind there was a range of factors that caused the finance company collapses, he said. Some companies were caught out by the market and others were “fairly sharp” in their practices. There was a “big and important" distinction between commercially sharp and acting in a criminal manner.

“I think there’s a real issue for New Zealand to grapple with regarding the level of business and financial literacy of a lot of the investing public. And unfortunately I think we’ve got ourselves into a situation with the finance company collapse that there are large parts of the New Zealand public that won’t invest because they believe every time there’s a failure something criminal must have happened.”

There were some companies, which he declined to name, where the prospectuses were fairly clear, if complicated, about what people were investing in.

“And if people had read those prospectuses very carefully, and perhaps also taken good independent advice, they might have thought twice about whether they were good investments,” Feeley added.

The SFO, via its new business plan (see attachment below), had a role to play in improving financial literacy. The Government's proposed new super regulator, the Financial Markets Authority, was also likely to look at financial education and the Capital Markets Development Taskforce had also highlighted education as an area where improvement was required. Furthermore, Feeley said, discussing financial literacy - or the lack of it - in the media may encourage people to pay more attention to business and financial issues.

“I think quite often New Zealanders spend more time searching the best dishwasher around the country to buy for $1000 or $2000 than they do instead of considering whether to put one, two or three hundred thousand dollars of their retirement savings into something they don’t understand,” Feeley said.

* This article was first published in our email for paid subscribers earlier today.See here for more details and to subscribe.

 

We welcome your help to improve our coverage of this issue. Any examples or experiences to relate? Any links to other news, data or research to shed more light on this? Any insight or views on what might happen next or what should happen next? Any errors to correct?

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7 Comments

Why waste so much money now

Why waste so much money now investigating these companies, when their prospectuses and account should have been checked by the regulators before they were allowed to try and acquire investments. These regulators are there to protect investors, and it is one of the things you pay your taxes for.It is not as though investors are going to see any money from these investigations.
Yes many people spend more time researching dishwashers, but it is like comparing chalk and cheese, and not a fair comparison.
If you pay consumer NZ, you can get that work done for you, as they have recommendations of dishwasher. The same thing should apply in the finance industry, but does anyone without a degree actually understand the prospectuses.

So true - and of course

So true - and of course Feeley's last job was with the Companies Office!

Better now than never, but I

Better now than never, but I wholeheartedly agree that they should never have been allowed to operate to start with. At the very least they should have been scrutinised for irregularities and wrongdoing on a regular and on-going basis.

Too blimmen right. It's easy

Too blimmen right. It's easy to blame the public but look at what actually happened. There was not just one rouge finance company failure was there!

Kate, Adam's last job was as

Kate, Adam's last job was as chief executive of the Eden Park Redevelopment Board (see NZPA story below). He has only been in the SFO job about six months.

Wellington, Sept 15 NZPA - Eden Park Redevelopment Board chief executive Adam Feeley is to replace Grant Liddell as chief executive and director of the Serious Fraud Office.
Announcing the appointment today, deputy state services commissioner John Ombler said Mr Feeley, who is expected to take up the appointment in November, was a strong leader.
He had extensive regulatory and enforcement experience, including work in the corporate and securities sector as national manager of the Companies Office.
Before his Eden Park job, Mr Feeley was Crown Minerals group manager at the Ministry of Economic Development, where he was responsible for promoting petroleum exploration in this country and carrying out the regulatory function for the industry.
Mr Feeley 's other roles included Baycorp Holdings general manager, and Ministry of Commerce national manager business registries.
He practised as a solicitor in the Department of Trade and Industry in London, and in New Zealand at the Department of Justice and at Bell Gully.
Mr Feeley has a Bachelor of Laws with Honours from Canterbury University and was admitted as a barrister and solicitor of the High Court of New Zealand.

Why bother. Prosicuting these

Why bother. Prosicuting these guys is an insult to investors who lost money in them. So far one Finance company boss has been sentenced to one years home detention at his luxury home and another ratbag given a bit of community work. They must be laughing. When its all over, it will be grab the wife, cash in the family trust and off to the south of France for a nice little retirement, and maybe catch up with Hotchin who is there at the moment.
Big joke.These Judge's need a kick up the arse.

Mr Feeley..Re: Rod

Mr Feeley..Re: Rod Petrecivic...I knew him when he lived in Sydney (Raglan St Mosman) in 1971 and worked for brand X company and thought he was a top guy.

All I can say is you had better get this right and don't waste tax payers money on a witch hunt. I'm not saying I condone the loss of so much money, but you will find the system is at fault a lot of the time and don't try to tar him with the same brush.

My punt is not every charge will stick and there will be so much legal argy-bargy on the side that you will have to throw a lot of charges out. Overhaul the system first before you point the
finger.