Janine Creser-Breach of Trust

Capital's Police Chief subject of complaint
By Richard Creser 921 views
The Independent Police Complaints Authority has received a complaint alleging District Commander Superintendent Pieri Munroe failed to acknowledge or investigate a criminal complaint last year.
The complaint referred to Mr Munroe involved serious fraud resulting in a criminal breach of trust. Evidence of fraudulent accounting practice was presented to acting Superintendent Dave Trappit, who conceded there was as case to answer and referred the matter to Mr Munroe.
It is alleged that Mr Munroe failed to follow proper procedure and act in accordance with his sworn obligations as a Police Officer, to uphold and enforce the laws of New Zealand.
The complainant John Creser said today “None of these are trivial matters and reveal a deep-seated malaise within the culture of the New Zealand Police. At this present moment the Police are seeking to interview four members of the touring British Lions over an incident at an Auckland Hotel, without so much as a complaint or a complainant. In my case there is a pattern of denial from the Police who consistently refuse to acknowledge that I've made a complaint at all .”
Changes in Insolvency Law Too Late For Bankrupted Wellington Man
By Richard Creser 497 views, 2 comments
The estate of a Wellington man was recently charged $138,000 dollars by the Insolvency Service after being bankrupted over a $4000 debt to the trustees of his estate! Changes to the insolvency law, offering an alternative to bankruptcy, have proved popular. The Insolvency Act 2006 gives people with debts of up to $40,000 the chance to apply for a "no asset procedure", rather than go bankrupt.
Insolvency Manager Ross Van Der Schyff said the Insolvency Service had experienced reporting a huge upswing in numbers of inquiries, an average of 280 a day compared with its usual 130. "We just know from the demographics of the people who've gone bankrupt, not everyone will meet that no asset procedure criteria," he said.
To be rejected for the process, people had to have assets, owe more than $40,000, have some ability to repay their debts or had taken on debt knowing they couldn't pay it back.
In stark contrast to the new legislation, the estate of a Wellington man was recently charged $138,000 dollars by the Insolvency Service after being bankrupted over a $4000 debt to the trustees of his estate!
The Insolvency Service also allowed the Lawyers acting for the estate to charge over $200,000 for fees incurred by the trustees for taking a beneficiary they were supposed to protect bankrupt.
The irony of the situation is that the bankrupt in this case would have failed to qualify for NAP because of his share of $1,000,000 held in trust. However in order to take the bankruptcy action, the solicitors acting for the trustees succeeded in their claim by falsely stating that they held no asset to cover the debt.
The bankrupt John Creser said today, “clearly the propositions are mutually exclusive; the Insolvency Service identified an asset sufficient to discharge the debt and took possession, whilst the creditor claimed to hold no assets or security whilst sitting on a million dollars, they can’t both be correct”!
Commerce Minister Lianne Dalziel has said that “she is satisfied the Insolvency Service has acted in accordance with the law and she sees no good reason to intervene.”
Mr Creser said today, “ a complaint of perjury against the creditor has been made with the NZ Police and the Wellington District Law Society is also considering the role played by Wellington Barrister, Roger Chapman .”
Financial Abuse of Elderly OK Under Labour
By Richard Creser 725 views
Financial abuse of elderly people does not seem to rate as an issue of concern to the current Labour administration or the New Zealand Police.
In 2004 a complaint was made to the Porirua Police that a person holding an enduring power of Attorney for an elderly resident of a rest home had falsified accounts and documentary proof was provided that an account had been inflated by $1000.
At the time the Police claimed that the falsification of accounts disclosed no offence because all parties to the transaction were aware the bill was artificially inflated or padded.
This view is very surprising given that the account was made out to the incapacitated resident of a rest home. The only parties who were aware the account was fraudulent were those not responsible for the bill, ie; the two trustees who held an enduring power of attorney.
Despite a direct complaint to Superintendent Pieri Munro of the Wellington Police, there has been no investigation or attempt by the Police to obtain disclosure of bank records to confirm the artificial inflation of an account, which is an offence under the Secret Commissions Act 1910.
contact: 0274-872542
Dioxin Scandal Lawyer Facing Inquiry
By Richard Creser 669 views, 1 comments
Lawyer Roger Chapman from Wellington Law firm Johnston Lawrence, is under investigation by the Wellington District Law Society for his role in the administration of a deceased estate. Roger is a senior partner in Johnston Lawrence and has an extensive practice in personal injury and medical matters, acting especially for large groups of claimants.
This has including a number of the victims the dioxin scandal who claimed they were ripped off by deep pocketed lawyers. Complaints were laid with the Police after several families were forced to sell their homes to cover Mr Chapman’s “unforeseen” costs. More recently Mr Chapman made headlines over the amount he was charging the victims in the bad blood scandal.
In this case Mr Chapman acted for the trustees of a protective trust set up for the benefit of Porirua man John Creser. After finding evidence of financial irregularities, Mr Creser made an application to the High Court for disclosure of the financial records relating to accounts that had been artificially inflated .However, despite prima facie evidence of fraud, Judge Warwick Gendall ruled that the disclosure of these records was entirely up to the discretion of the trustees and awarded costs of $4000 against Mr Creser.
Mr Chapman then wrote to Mr Creser in October 2003 and acknowledged that the trustees could rely upon the security of the estate to collect their costs, but claimed that there was no obligation for them to wait until the assets were available. Associate Judge David Gendall agreed and presided over an application from the trustees to recover the debt by way of bankruptcy proceedings, resulting in an estimated $300,000 being spent on legal fees to recover a $4k debt.
Mr Chapman now faces an inquiry because a subsequent decision of the Court confirmed the purpose of the trust as protective against the very action advised by Mr Chapman, and taken by the trustees. Mr Chapman has responded to the criticism by saying ," we provided advice to the executors, they decided how to proceed" .
Mr Creser said today “In essence, Mr Chapman has provided advice that is morally reprehensible, criminal and contrary to the terms of the trust. If he had provided the executors with the means to rob a bank, he would obviously be party to an offence. In this case he drafted of a false affidavit claiming the executors held no security for the debt. In effect his advice has been to commit perjury in order to facilitate a criminal breach of trust.”



COMMENTS

Richard Creser, 3 July 2008, 1:21PM DELETE COMMENT
Mr Chapman has been given the opportunity to comment on this article and the following was sent to him at
roger@johnlaw.co.nz
Dear Roger,You seem to have assiduously avoided any response to the main concerns I have referred to in my WDLS complant, therefore I have posted a succinct item on this issue. Please follow the link and make a statement in your defense if you wish.I am also giving you the opportunity to comment on the other issues I have referred to, of which I have no personal knowledge. If any of what has been said in this item is untrue, please contact me and I will post a retraction..
Cheers
COURT 3 July 2008, 12:03AM[X] The Brutha Judge Warwick- his $4000 costs order turned into a half million dollar fiasco CREDIT: Ministry of Certain Things
High Court Judge Accused of Serious Misconduct
By Richard Creser 561 views, 3 comments
A complaint against Associate Judge David Gendall was filed with the office of Judicial Conduct Commissioner Ian Haynes today. The office was established in August 2005 to deal with complaints about the conduct of Judges in order to enhance public confidence and protect the impartiality and integrity of the judicial system
Judge Gendall is accused of lying about whether or not an application was before him and argued by the parties at a High Court hearing in Wellington. The Judicial Conduct Commissioner cannot challenge the legality or correctness of a Judge’s decision in relation to any legal proceedings but this complaint deals with matters on the court record yet denied by the Judge.
In this instance, it is alleged that Judge Gendall in making his decision, misled the Court by stating that there was no discovery application before him, although it was argued at length by both partied to the action and duly served and filed according to the rules of the High Court..
A letter to the Wellington District Law Society by a Barrister & Solicitor of the High Court, Roger Chapman, confirmed the application was actually before the Judge and argued on the day in question.
The issue of financial transparency was particularly critical in this case because it dealt with trust arrangements that cannot be enforced without transparency. However the Judge did not deal with the application for discovery and in his decision and simply dismissed the matter by claiming the applicant was mistaken.
Subsequently the Judge heard an application to disqualify himself because of bias but ruled in his decision that there was no evidence of his own bias and naturally found in his own favour. The Conduct Commissioner has also been asked to consider whether or not in this instance this could be seen as inspiring confidence in the integrity of the judicial system.





COMMENTS

Sally McIntyre, 3 July 2008, 10:27AM
Did you know that NOBODY in NZ has the job of auditing for corruption risk?
This is a wake up call for all and explains a lot for those who have been asking questions and not getting answers from government watchdogs who are meant to protect its citizens.
It’s not easy to find stories about corruption in the “corporate-owned” media of today. Corruption is often covered by news anchors as a break in between “important” news such as entertainment and sports, so the topic of corruption is rarely given in-depth quality and quantity reporting. Reporters rarely offer us insight into the negative effects of corruption.
Corruption is a term with many meanings, but generally it entails misusing one’s office for a private gain or unofficial end. It involves both a monetary and “non-monetary” benefit. Bribery, extortion, influence peddling, nepotism, cronyism, scams, fraud, ‘grease money’, and opportunism readily spring to mind.
Usually, the very work environment and culture either foster or discourage corrupt practices.
Corruption and power are closely intertwined and their links had long been recognized. In the 4th century BC, the Greek philosopher, Plato, argued in The Republic that only politicians who gain no personal advantage from the policies they pursued would be fit to govern. This is recognized also in the aphorism that those who want to hold power are most likely those least fit to do so. In the latter half of the 18th century, William Pitt, in a speech before the House of Lords said, “Unlimited power is apt to corrupt the minds of those who possess it.”
Over a hundred years later, Lord Acton wrote a letter to Bishop Creighton with a sentence set to become one of the world’s most famous quotations: “Power tends to corrupt and absolute power corrupts absolutely.”
The most obvious effect of political corruption is a loss of public esteem for politicians and political life. The cynical view that ‘politics is a dirty business’ becomes a reality -– people enter politics not from a sense of public service but in pursuit of personal power and advancement.
Once it infects an organization, it spreads uncontrollably, and economic costs rise. Corruption is not an absolute condition. It can range from acts of violence to rules being bent and a blind eye turned to acts that a completely moral society would consider offensive.
The range of variations of corruption is as wide as the criminal minds that conceive them in today’s ever-changing world. Corruption undermines the legitimacy of central and local government and such democratic values as trust and tolerance’
If left unchecked, corruption weakens the very structures of an organized society as it undermines the forces of law and order, and reduces public morale. In the long run, both economic and political developments become crippled.
NEW ZEALAND DEFINITELY NEEDS ITS OWN INDEPENDENT COMMISSION AGAINST CORRUPTION!

Peter Hodge, 3 July 2008, 12:52PM
Corruption is rife in New Zealand and it is fast becoming so wide spread that it threatens to over whelm the lives of the majority of New Zealanders.
The first example is the massive number of finance companies falling over with little recourse for the investors who have been lied to and as a result lost substantial amounts of money. last night TV3 reported that $2.7billion has been lost so far from New Zealanders investing in finance companies which have collapsed. And in most cases the investors are unable to do anything to regain their lost earnings except protest and lobby parliament.
The worst part is the continuing trends of corruption in business and politics which are too many to list. CEO's going to jail for pilfering companies profits, Directors of companies making promises of big returns disappearing off the radar when the mud starts flying leaving thousands of Kiwis out of pocket. Kiwis who had a genuine belief they were being told the truth about the potential returns on their investments.
The most disturbing part is the massive number of incidents occurring. Whether the companies are derelict or the politicians who regulate the industries are absentee minister. The result is the same thousands of Kiwis are getting shafted by either corrupt business practices or inept politicians who fail to do anything about it. and Kiwis at the bottom of the food chain are paying the prices while CEOs and Directors are walking away unscathed because of the lack of accountability.
We need change, just be aware of the wolf in sheep's clothing offering Kiwis a solution.... they may just be as corrupt as those who have failed us so far.

Jenese James, 3 July 2008, 1:55PM
well said
GOVERNMENT 4 July 2008, 12:02AM[X] Parliament's speaker Margaret Wilson CREDIT: .govt.nz
Speaker Wilson's Words Worthless
By Richard Creser 630 views
In 2004 The Hon Margaret Wilson was in charge of the Commerce portfolio which gave her responsibility for the Insolvency Service. The service had taken over the administration of a bankrupt estate following a novel case involving the trustees of the estate using the bankruptcy procedure to obtain probate of a will without a challenge.
The trustees were first asked to provide accounts in 2003 but refused to provide the beificiaries with any financial information. The subsequent costs of an application for financial disclosure from the trust, led to bankruptcy of a beneficiary who would under normal circumstances been entitled to this information without demand.
In order not to prejudice or jeopardise their claim to legitimately administer the estate, the Insolvency Service refused to exercise the power to force the trustees to account or disclose financial records and the Minister was asked to intervene.
On the 26th of November 2004 the Minister responded by claiming the “Official Assignee is presently securing full financial disclosure from the trust in order to consider the merits or otherwise of pursuing the Family Protection Act1955 claim."
This assurance however proved to be a sham and the Assignee continued the legal action without providing financials or requiring the trustees to account. Three years passed before trust accounts were finally provided and to this day remain un-audited.
The bankrupt John Creser said today “How many of us would do business with a bank that provided a statement of account once every four years, this situation is bizarre when a Crown entity sees fit to ignore the the Trustee Act which requires annual accounts. This is a point that Margaret Wilson would no doubt make if dealing with her first year law students but she obviously lacks the integrity to apply the rules in a real world situation.”

Margret Wilson's empty promise- http://www.infonews.co.nz/photo.cfm?l=1&t=0&id=2439
POLICE 4 July 2008, 12:18AM[X] Cristian Pardo and Insolvency Manager Ross van der Schyff CREDIT: The Mexican Delegation
Wellington Police Lose File for 18 Months
By Richard Creser 674 views
Wellington Police recently claimed to have found a lost file relating to a complaint made in 2006. The file was “found” after evidence confirming its existence was unearthed at a depositions hearing when a video interview confirmed the file was in the possession of the police.
The file concerned an allegation of illegal assistance with breach of fiduciary duty, leveled at Insolvency Service Manager, Mr Cristian Pardo. Mr Pardo is alleged to have valued a bankrupt’s property of significant value as worthless and withheld documents that would have proved the trustees of his estate were acting in bad faith.
This enabled the insolvency service to ignore the value of seized assets that were Illegally placed in storage for three years and then continue with a process which devoured over $300,000 in legal fees-in order to recover a $4000 debt..
These enormous costs would not have fallen on the estate had Mr Pardo ordered the transparency necessary to enforce the trustees duties as fiduciaries as required under law. In equity fiduciary obligations include duties of good faith, loyalty. and competence in managing other peoples interests.
Unfortunately New Zealand Police, who are taking over from the Serious Fraud Office, seem to lack the willingness to prosecute white collar criminals, as a result fraud is rife and a low priority to the police ,who lack the qualified personnel to identify fraudulent conduct. This issue demonstrates a deep-seated malaise within the culture of the Police, evidenced by a pattern of denial that led to a complaint being resolved by slipping it into the too hard basket.


NEWS 5 July 2008, 12:06AM[X] Ross van der Scyhff CREDIT: Ministry of Certain Things
Insolvency Service Accused of Blackmail
By Richard Creser 621 views
In November 2004, the manager of the Insolvency Service, Mr Ross Van der Schyff wrote to a Wellington man whose assets were under the control of the Official Assignee and, demanded that the bankrupt sign a document seeking to ensure the unequivocal co-operation of the bankrupt with any decision made by the assignee.
Under New Zealand law blackmail is covered by s237 of the Crimes Act 1961. It is alleged that Mr van der Schyff threatened a particular course of action that would result in the bankrupt’s complete ruin if he refused to sign away his right to appeal decisions made by the Official Assignee. It is alleged that he took this action to gain for himself and the Insolvency Service an advantage in court proceedings with intent to cause loss to another by making unwarranted demands with menaces.
In this case the menace was a direct threat to cause "something bad" to happen to when certain demands were not met. Under New Zealand law, someone commits an act of blackmail who threatens, expressly or by implication, to cause serious damage to property or endanger the safety of any person with intent to obtain any benefit or to cause loss to any other person. Under the Act, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Mr van der Schyff stated in his letter that; “We require confirmation of your unequivocal commitment to assist the Assignee in the taking of the family protection claim and generally in terms of the administration of your bankrupt estate. That confirmation must be in writing and, received by the assignee no later than 10 Dec 2004”. “ In the end you have a simple choice . You either fully co-operate with the assignee (as you are required to ) or you don’t. If you do, there may be some hope of financial return to you. If you don’t there is little or no prospect of that.”
In effect, Mr van der Schyff has said that unless the bankrupt was prepared to forgo a statutory right to appeal his decisions and those of his trustees, the costs the Assignee would allow charged to the estate would amount to around $300,000 to recover a debt of $4000, which is what eventually occured. The New Zealand Police have received a complaint but have yet to formally advise whether or not they will act upon it.
Television New Zealand Shelves Screening of Benefit Fraud Expose
By Richard Creser 493 views
The Television New Zealand charter calls for the public broadcaster to provide impartial and comprehensive information which is essential to having an informed and educated society. To meet those goals the broadcaster is committed to provide independent and in-depth coverage and analysis of current affairs in New Zealand.
Unfortunately the reverse is now the accepted norm, with sound bite driven news coverage superficially reporting cute human interest stories that are cheap to produce and pass off as prime time news.For example, TVNZ Journalist Hannah Hodson covered a story before Christmas about the failure or the Labour Administrations to prosecute a long term benefit fraud spanning a period twenty years. After filming several interviews and obtaining proof of the fraud from several sources, the producer of the item requested a photograph of the alleged fraudster from a relative.
The only photograph available at the time showed an attractive smiling woman on crutches; naturally Television New Zealand declined to screen the item, saying that the woman just didn’t fit the profile of someone capable of serious fraud. Oddly enough, a recent program featured a man convicted of rape simply because he fitted the profile of a rapist, in this case prosecution and exposure is avoided because the perpetrator looks benign and innocent,
This appears to be a flagrant disregard of the charter and completely hypocritical when compared to the initial media attention and the punishment given to tetraplegic Daniel Clarke, who was imprisoned for growing 6 marijuana plants for medicinal purposes. Whilst in jail he was left unattended in Waikeria Prison, helplessly submerged in his own faeces, but alas there was no in depth coverage or analysis of this unsavory matter either.
POLICE 7 July 2008, 1:07PM
Police Admit Policy of Not Investigating Fraud
By Richard Creser 340 views
In a recent question put to Dr Michael Cullen about the potential of the public to lose confidence in the justice system if low-level fraud is not investigated, Dr Cullen responded by stating , “in terms of low-level fraud, the great bulk of it is probably investigated by the New Zealand Police”
However the Police have admitted that it is not usual Police policy to investigate minor fraud when there is another judicial forum for the complainant to take civil action against the other party.
In 2003, a complaint was made with the Porirua Police that a fictitious account for over $1000 had been submitted to for payment by an elderly resident of a Wellington rest home. To most people $1000 represents a lot of money, although the Police have deemed it to be minor.
By refusing to investigate this complaint the Police have ignored the fact that the parties to the fraud held an enduring power of attorney over the person to whom the account was presented for payment.
The position taken by the police is particularly absurd when considering the written response from Senior Sergeant Sargent of the Porirua Police. The police have noted both the trustees of the rest home resident were aware the account was inflated and they both admitted that only $200 had been paid out in respect of an account for $1200.
Despite the falsification of accounts being admitted by both trustees, the matter was filed without considering that these were the actions of persons holding a power of attorney and in theory subject to far greater scrutiny than someone acting on their own behalf.
The police have continued to insist that a false pretence must cause another person to act upon it believing it to be true or correct and have said; "In this case the recipient was aware that the bill had been 'padded' and that the decorator was only getting the $200, so there is no intent to deceive and there is no false representation."
The obvious problem with the position taken by the police is that the account was not made out to the person aware the bill was padded. It was made out to the elderly victim could not have been aware the account was falsified and reveals the police statement "the recipient was aware " to be absurd."If the police had bothered to investigate, it would have been revealed that the account was in fact presented by Mr Ross Mainland, a criminal on parole after serving a sentence of several years in jail for serious fraud.