Ever vigilant in fighting fraud

Adam Feeley
Adam Feeley
New Zealanders have prided themselves on this country's consistent place at or close to the top of international anti-corruption indices.

Bribery, kick-backs, gross nepotism and other forms of corruption have been relatively rare throughout Government and private enterprise. But the key word here is "relatively".

Institutions and companies here like everywhere else are vulnerable to corruption and fraud with human nature being what it is.

Managers, staff and auditors have to be vigilant in matters large and small. The laws and their enforcement as well as business and state management and accounting systems, too, must discourage corruption and fraud.

Central to the New Zealand fight against major fraud is the Serious Fraud Office, the SFO. Based in Auckland under lively chief executive Adam Feeley, its profile has lifted through Mr Feeley's keenness to be outspoken and through a series of prosecutions and pronouncements, particularly related to collapsed finance companies.

In the rush to the summer break, two directors of the Five Star group were jailed, moves against two directors of Capital + Merchant were postponed, Mark Hotchin of Hanover Finance faced more charges, two men were charged with defrauding the North Shore City Council of $800,000 and the principals of Rockforte (a Gisborne-based finance company) came before the courts.

An Auckland couple who ran B'On Financial Services were charged on a $15 million alleged fraud, a Kapiti accountant admitted a $2 million fraud and a Green Acres ironing franchisee was accused of ripping off immigrants in a "ponzi" scheme.

A former accountant for National Finance 2000 was jailed and work continued on the case of Timaru businessman Alan Hubbard and Aorangi Securities.

Mr Feeley, previously the chief executive of the Eden Park Redevelopment Board, has attracted criticism for dumping about 22 cases on the SFO's book and pursuing others without sufficient thoroughness.

He has also contracted out investigative work, seen by some as risking potential conflicts of interest in a community as small as New Zealand.

Mr Feeley, however, maintains the importance of prioritising and making progress. He has backed his profile and availability to the media against a stated view of the SFO's objective of restoring public confidence and improving financial security of investors.

Given the visibility of the office, it seems surprising that in his year in charge the SFO has cut the number of cases assessed and prosecuted, with Mr Feeley believing the right cases are being targeted, particularly finance companies.

As he said: "If New Zealanders are to have greater security about the people who fight financial crime, they've got to see them doing their work."

Recently, also, the SFO announced it had laid charges against a former ACC property manager.

Mr Feeley has noted that bribery and corruption involving public officials generally involve relative small amounts (Michael Swann at the Otago District Health Board is an obvious exception). But he has also been critical about how out-of-date New Zealand's bribery laws are and about procurement processes in the public sector.

Such comments are disturbing because the trend, inevitably, has been towards less integrity. In immigration and the prisons public confidence has been shaken, and everything possible must be done to prevent standards slipping.

It is also a shame that so much fraud only emerges after investors, or sometimes taxpayers, have lost their money. Fraud is more likely when companies are under pressure and techniques like related-party lending seem a possible way out.

It is difficult for outsiders to tell how effective Mr Feeley has been. What we can support, nevertheless, is the much more open attitude.

Openness, in the long run, should lead to more confidence. Seeing what happens to others and being aware transgressions might appear on the front page of newspapers is a healthy deterrent.

Just look at parliamentary allowances and ask the politicians what openness means. It is certainly beginning to change their behaviour. If New Zealand is to remain blessed with "relatively" low corruption levels, it must never be complacent and it must be prepared to do everything possible to prevent it.

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