Possibly more than 35 Ponzi victims

There could well be more victims involved in the $2.8 million Ponzi scheme run by disgraced former Dunedin lawyer John Milne, who has just started a more than eight-year jail term.

Six Dunedin lawyers are offering pro bono (free) advice to claimants who lost cash to Milne (79), and have just had an inaugural meeting of the group.

The group is supplying advice free, but could go on to represent a client if a formal claim was made to the Law Society, to seek compensation from either of its two fidelity funds.

While there were already 11 potential claimants, Milne's tally of victims was 35, but there may also be creditors, from his 2012 self-bankruptcy proceedings, Downie Stewart solicitor David Sim said when contacted yesterday.

''We're still in the preliminary stages of compiling a list,'' Mr Sim said.

While it had always been thought there were about 35 people ultimately left out of pocket, over decades of offending, Mr Sim noted that may change, with Milne having declared himself bankrupt.

''There may be a group from when he went bankrupt ... there could be creditors who could have a claim against the Law Society,'' Mr Sim said.

The Insolvency and Trustee Service has few details over Milne's bankruptcy, beyond the adjudication time of October 11, 2012, and the fact he was retired.

Mr Sim said it was ''expected to take several weeks, probably until the end of February'', to get in contact with would-be claimants, and compile a list, before any work could start.

The claimants would have to prove they lent their cash to Milne as a personal loan, as opposed to giving it to him as an investment, as the latter is not covered for compensation from the Law Society funds.

New Zealand Law Society Fidelity Fund rules were changed after a large 1990s fraud payout, which meant money placed for investment was excluded from the responsibility of the fund.

And the two fidelity funds cover different periods.

An investigation by the Otago branch of the Law Society in 2012 led to the Serious Fraud Office taking over the case and successfully laying 34 fraud charges.

Milne was jailed for eight years and one month for defrauding 35 people of $2.8 million over 21 years.

After being disbarred, Milne bankrupted himself in 2012, then it was not until his case came to trial last October, that he had pleaded guilty.

Milne was described at his sentencing as ''predatory'' and as being a ''consummate thief and liar'' by the Serious Fraud Office legal counsel.

Of the $2.8 million stolen, about $2 million was not recovered, following some property and asset sales.

simon.hartley@odt.co.nz

 

 


The six, Dunedin pro bono lawyers

 

Downie Stewart solicitor David Sim, who is a committee member of the Otago branch of the Law Society. Alistair Paterson, Mike O'Neill from O'Neill Devereaux, David Robinson from Gallaway Cook Allan (also local branch Law Society president), plus solicitors from Dunedin-based Webb Farry and Anderson Lloyd.


 

 

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