We at LF have to laugh when we see the corruption being reported by New Zealand’s mainstream media but the mainstream media either being too stupid to see the corruption or being part of it in not calling a spade a spade with the exception of just one observant opinion piece; ‘Reasonable doubt’ view beggars belief‘ in the Dompost:
The court’s judgments on finance company cases are often fascinating for their dispassionate descriptions of downright dodgy practices. True to form, the Dominion ruling unfolds a sequence of disgraceful behaviour through more than 100 pages.
But as Chalkie ploughed through it, a sense of incredulity sneaked into his cerebral cortex and fattened into gobsmacked amazement that Whale escaped conviction.
Source: http://www.stuff.co.nz/business/opinion-analysis/8589994/Reasonable-doubt-view-beggars-belief [retrieved May 29th, 2013, o7:23 hrs, (AEST)]
Last week former Chief Executive Officer of Dominion Finance Group, and its subsidiary North South Finance, Paul William Cropp, was sentenced to 2 years 7 months in prison by Justice Graham Lang. The two companies were subsidiaries of the NZX listed Dominion Finance Holdings.
Justice Lang had presided over the Judge alone hearing where Cropp and co –alleged Robert Barry Whale faced charges laid by the SFO that they both had willfully breached the finance companies trust deeds. Whale was a director.
In an amazing finding Justice Lang found that Whale could not be convicted on any count as he had satisfied the Judge that “he had not looked at the trust deed” and so did not know that his decisions to approve lending of $13.4m to his mates [that was subsequently not repaid in full] could be excused.
Now fuck us inside out, what the fuck is this cock smoker Justice Graham Lang on about. For a start a director has to know the Companies Act 1993, and all related legislation to the commercial enterprise that the legal person is involved with.
A professional director, which Whale was, is in a completely different area of liability; – especially where he would be expected to approve lending insuring that the trust deed was adhered too.
Trust deeds are the sacrosanct terms by which investors monies can be lent to the public. Whale was a partner in commercial specialist law firm Jones Young where this serious criminal advertised himself as being the bees fucking knees “advising a wide range of leading corporates”.
It is clear to LF that poor old CEO Paul Cropp was the fall guy for Justice Lang to hang, getting rail roaded to the big house, whilst wholly corrupt Justice Graham Lang did the wink wink, special reference to the architect in the sky shit, and came up with what is an impossible verdict of not guilty for his bum buddy “Robber” Whale. Related party lending is a specific NO NO since the mid 70’s, and which activity at that time led to the Securities Act 1978.
It is impossible that Whale did not know that such lending would have been against any trust deed involving funds obtained by prospectus. Did Whale not design, read, and approve, the fucking prospectus as director along with the Trustee company, you corrupt fucktard Lang. The prospectus would have to inform the public as to the trust deeds governance including the ability to lend to directors mates.
In separate proceedings brought by financial market watchdog the FMA [Financial Markets Authority], Whale did plead guilty to seven charges of making untrue statements in the Dominion Finance Group Prospectuses, which would have likely included that the company did not lend to related parties, when that was a clear misrepresentation.
Additionally the FMA charges would have included Whale being party to signing monthly statements to the trustee company also omitting to report the related lending [which would be needed to be reported].
But hey those charges were brought by the FMA, and not the SFO. But two different outcomes involving the same, or similar, facts brings the Courts into disrepute. What the corruption by Justice Lang and Whale achieved was that he was not found guilty on two sets of criminal prosecutions, but particularly one that involved lending to related parties.
Maybe Justice Sarah Katz [who was presiding over the FMA prosecution of Whale] is squeaky clean [for now] and would not have a bar of “handling” the FMA. However she has indicated that Whale should expect a sentence of home detention in his luxury pad, where he will be visited by the likes of Justice Lang for a chortle over a bottle or two of [investors paid for] champagne. Maybe she not so clean after all. These charges involved losses to investors of around $165m given a mil or two. Meanwhile Maori who steal $10,000.00 are sent to prison for three years.
More importantly, as it relates to Justice Langs clear involvement in corruption Lang was a Crown Prosecutor and should have known what all trust deeds contain as it relates to related lending, and that it would be extremely unlikely that Whale would have approved related lending without first checking that it was legal. This is the act of willful blindness, and at the end of the day not knowing the law is not an excuse to breaking it. “Gee judge I didn’t read the Crimes Act and I thought corporate fraud was legit.”
It is interesting to look at Justice Graham Langs full background and it will become obvious that he is corrupt through and fucking through. For a start, as already stated, Lang was a Crown Prosecutor and so would have been embroiled in corrupt practices for the full period that he enjoyed the ability to fuck over any innocent New Zealander he picked on. But the fact that he was a Crown Prosecutor in the Napier District on the completely corrupt East Coast of New Zealand puts an extra certainty to his trait of being a corrupt fucktard.
But hey, theres more –much, much more to this little story. Justice Lang also specialized in being an insolvency practitioner when with Napier law firm Elvidge and partners [as a partner], and so would have been involved with virtually all large financial institutions such as first and second tier finance institutions, and as well as banks. As Whale advised such corporates, surely their paths must have crossed.
But hey, there’s more – much, much more to this story than meets the eye that winks. Justice Lang has quite the reputation for corruption and we mean this fuckers so bent that he makes the hind leg of a dingo look straight as a death adder at full speed over red hot rocks.
LF’s research into Justice Lang took us to Vince Seimers accurate Kiwisfirst website which corrupt Supreme Court Justice Ted Thomas, absolutely loathes, largely because Seimer gets the facts right. Seimer uses Judges judgments and the satisfaction or otherwise, of those that appear before him to make conclusions as to the judges integrity. This is what Seimer had to say about Justice Lang–
“In short order he was personally hampered by the good-old boys network that has aided him in his career path and – at the same time – found that no one questioned his judicial actions. Lang J found that he could say anything occurred in a hearing and he enjoyed the tremendous power this gave him. Hence, Lang J has become extraordinary adept at claiming the less favoured party agreed to something in a hearing “by consent” in order to ring-fence the claim before him or prevent discovery. An indicative example is this, taken from Northland mans claim against the Attorney General; “he confirmed to me that he was prepared to be bound by the reformulation of his claims as set out in those two documents”.
New Zealand lawyers are simply too afraid to challenge any judicial ruling which states thet agreed to something they had not agreed too at the hearing; and Lang J is acutely aware of this……His propensity to limit proceedings and transparency in his courtroom – restricting accurate recording of proceedings is one certain indication – often happens too late to counter. Again, it is only by preventing accurate recording of proceedings that Justice Graeme Lang is able to get by with distorting the Court record in his judgments”
Now come on Kiwis – this fucker needs to be thrown off the bench – and NOW!
- Dominion Finance chief executive jailed (nzherald.co.nz)
- Jail for former Dominion Finance CEO (stuff.co.nz)
- Dominion chief gets prison sentence (nzherald.co.nz)
- ‘Grievous error’ puts CEO in prison (stuff.co.nz)
- Whale ‘relieved’ at fraud case acquittal (nzherald.co.nz)
- ‘Reasonable doubt’ view beggars belief (stuff.co.nz)
- Former Dominion Finance boss jailed (radionz.co.nz)
- SFO faced ‘high bar’ in Dominion Finance prosecutions (radionz.co.nz)