Financial Crime

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Financial Crime

Financial crime is typically crime committed by professionals or individuals in positions of financial trust.  Chris has represented several company directors charged with criminal offences. In a number of cases, the directors were initially sued in civil proceedings arising out of the same circumstances that lead to them being charged with a criminal offence.  Chris has also acted as lead counsel in one of New Zealand’s largest tax evasion cases.

Financial crime is a subset of financial markets law and often incorporates an element of fraud involving breaches of certain sections of the Crimes Act, Securities Act, Companies Act, Financial Markets Conduct Act, Financial Advisers Act, Anti-Money Laundering and Countering Financing Terrorism Act and the Tax Administration Act.  Criminal convictions in breach of the provisions of these Acts can be punishable by imprisonment.  Not all financial crime involves dishonesty.  Sections 220 (Theft by a person in special relationship) and section 242 (False statement by promoter, etc) are two examples.  Chris has been defence counsel in a number of investigations conducted by the Financial Markets Authority as well as a prosecution by the Serious Fraud Office involving 29 charges arising from the collapse of precious metals trading business.