LF outs the first of the enablers and co-conspirators in the Malcom Mayer fraud conspiracy who have yet to face justice.
Warren Arthur Wilson, serial bankrupt, criminal and Liquidator of Malcolm Mayers Sage Corp ltd, was no where to be seen when Judge BA Gibson convicted his confidant and co conspirator Malcolm Duncan Ingerman Mayer of 26 counts of fraud and forgery. The prosecution of Mayer by the Serious Fraud Office came after a complaint by mortgage lender Trustee Executors Limited.
Also in the line of fire but having done a deal with the SFO was lawyer and fraudster Alexis Hart of Parnell Law. Mayer and his other big time buddy and bullshit artist Simon Turnbull had conspired with real estate agents, lawyers, valuers, wives, mistresses, greedy grey old people and a raft of foreign nationals to submit fraudulent and forged mortgage applications to ex prime minister Jim Bolgers “Trustee Executors Ltd”. This cabal of corporate criminal fraudsters and enablers were laughing all the way to the bank as they skimmed millions of dollars off TEL, a mortgage lender of last resort.
The criminal émigré’s obtained their citizenship on the back of their involvement with fraudulent job offers and serious criminal conduct. To LF’s knowledge none of these scum bags have been charged or deported.
Jim ‘Spud’ Bolger was also not available for comment throughout the investigation or prosecution. Heads did eventually roll at TEL with “headless honcho” Deepak “Dimwit” Gupta being un-ceremoniously sacked from TEL for incompetence.
The level of incompetence and lack of governance of this lender of last resort could not be offset by the enormous income they generated by their corporate avarice. TEL well known in New Zealand for its appetite for charging usurious interest rates was taken advantage of by Malcolm Mayer who suspected they could not control their greed.
A greed that permeated throughout their corpulent incompetent corporate culture. TEL’s way of dealing with a distressed debtor was to increase the interest rates charged to them to force the mortgagor out of their portfolio, out of business or out of their homes. A madness promoted by madmen and destined to see the company punished by its own clients. One of those clients being the diminutive, hive clad, ducker and diver and jack the lad Malcolm Mayer.
Mayers applications for finance were made using the names of his wife, her family, back packers, people with funny foreign names and students. Some of these individuals having no jobs, no money and didn’t even live in the country.
Mayer would forge triple contracts hydraulicing the values of the contracts until it reached the point of absurdity…..well to an intelligent professional lending manager. But nothing was to absurd for Bolgers boys and girls.
Mayers scheme eventually fell apart when he could not or would not fund the negative cashflow that eventuated. Malcolm Mayer had a plan to syphon off his assets held in his co-conspirators names and protect himself from the impending collapse. And nothing is better than a complete market collapse that would see so many mortgagee sales that that the failure of the mortgages associated with him would not be noticed, besides virtually none of Mr Mayers alleged accomplices were resident in New Zealand. Mayer thought that enforcement authorities would just not be able to interview the defaulting borrowers.
So who else were involved in this criminal cabal or as his honour District Court Judge BA Gibson called them in his sagacious decision at paragraph 116
“…a name which features in the dramatis personae of this sorry saga”
Well chief among the criminal professionals involved in this most massive of frauds was a lawyer called Alexis Hart of Ponsonby Law. Thislawyer was a key player in enabling Mayer to defraud Trustee Executors of 50 million. So close to the action was Alexis Hart that she ended up having her offices in the first floor of Mayer’s ‘Peace Tower’ at 2 St Martins Place. That floor of the building was registered in her name.
Alexis Hart was responsible for directly misleading TEL concerning the identities of the sham or dummy purchasers, dealt in and advanced forged contracts knowing them to be false. On most occasions Alexis Hart and Parnell Law created bogus settlement statements alleging that deposits had been paid and or part trades settled to induce TEL to advance funds. His honour Judge Gibson detailing Harts involvement at paragraph 123 of his judgment of 20th December 2013 commenting;
“Ms Alexis Hart who acted for Mr Mayer on the majority of the purchases the subject of the counts in the indictment..”
The learned judge further recorded her involvement in the sale and purchase of the property at Peace Tower just a few floors up the lift in the same building as Harts office. His comments at paragraph 164 of his judgement recording one of many further false settlement statements;
“Ms Hart, who features often as a solicitor in many of these transactions, acted on the supposed sale from Hu to Beauregard…. Ms Harts settlement statement followed the usual pattern with the purchase price being shown as $760,000, a deposit of $70,000 shown as having been paid, when in fact it was not, and a further credit of $210,000 being recorded as being satisfied on advice from her client. Her instructions came from Mr Mayer and he gave her this advice.“
When settling the property at level 5a Hart, the only lawyer involved for Mayer and his bogus purchasers she allegedly relied on Mayer advising her that part payment of the contracts deposit being two properties at 15 Karaka Street had been settled. Hart knew the properties had not been settled as she has direct access to property information, was the only solicitor acting and had not received advices from another solicitor. The properties in any event where never in her dummy clients name. Not only that the two properties in Karaka Street were in effect unit titled rooms with a value of only 60k. Hart and Mayer alleged they had a combined value of 300k. Fraud yes in deedy!
Did Hart know all this, well yes she did, many if not all the sham or dummy individuals detailed on the forged sale and purchase agreements, if they existed at all were never in the country. This little doosey playing a big part in establishing the forged signatures on the false contracts, with the SFO accessing customs border control information.
On two occasions Ms Hart alleged she was holding over 600k to the credit of faux dummy purchasers when the funds were in fact temporarily advanced by a Mayer company.
Harts involvement was even clearer in the fraud on the building at 74 upper Queen Street. A Mr Joseph Turnbull, the 70 year old father of Mayers co-conspirator Simon Turnbull, signed a fraudulent sale and purchase agreement in Harts office. The agreement falsely alleged that the impecunious older Turnbull had 300k deposit and owned a property in West Coast Road Glen Eden which he didn’t. Harts settlement statements again purported that the false 300k deposit had been supplied. Again Malcolm Mayer was present drafting the fraudulent agreements on real estate agents letterheads in Ms Harts office.
The application for funds submitted and signed by the older Turnbull’s also contained false assertions as to equity in properties and false property ownership. Was it possible for Hart to not be aware of these frauds and the answer is a big fat no. Harts knowledge is put beyond doubt when she misrepresents on Mayers behalf that deposits were in her trust account to the credit of bogus purchasers. Trustee executors were finally starting to Act like professionals and requested confirmation from Hart that a financial deposit had actually been received and was being held in her trust account. Remember folks this lying conniving low life lawyer had been alleging for years that deposits had been paid when they hadn’t.
Not only were funds misrepresented to TEL that they had been paid and false properties alleged to have been transferred but luxury yachts were also include to be placed in the assets and deposits columns submitted to TEL’s credit controllers. Just how dumb and incompetent were TEL’s staffers. The yacht “Wills was used on a number of applications but never changed hands and was never picked up. Judge BA Gibson and the serious fraud office were unsure if the yacht “Wills” actually existed but it was credited with a value $ 800K to be transferred in the sham forged contract on the property at 327 Karangahape Road. LF can confirm the yacht did exist and was moored for a number of months at the Whangaparoa Marina before being moved by Mayer and concealed from his creditors in late 2009. The pictures of yachts found in Peace Tower in 2010 were of Wills and another old yacht with a nominal value stored on the dry. Mayer said in his evidence that he accepted that the dummy purchaser of the “K” Road property but did not own a yacht but he didn’t admit to his ownership of the yacht “Wills”.
Hart was between a rock and a hard place knowing that her “alleged client had no dough” Mayer and Hart then conspired to organize that cash in the amount of $905,000 was placed into her trust account to the credit of a Ms Domingo. The money was never Domingo’s in fact it was paid by a Mayer company. Hart arranged for a fax confirmation to be sent to TEL lying about the deposit. The learned Judge records the conduct at paragraph 354 of his judgment
“There was one further, unusual, aspect to this transaction that set it apart from the others in that TEL apparently required confirmation from Ms Domingo’s lawyers, Parnell Law, who acted for Mr Mayer, that Ms Domingo held $905,000 in their Trust account so as to be able to complete the settlement at Symonds Street. A fax confirmation confirming this was sent to TEL by Mr Yan, a solicitor in the employ of Ms Hart on the 15 June,2007 following written instruction from Mr Mayer to transfer monies in that amount held by Artizanz Limited…..In fact Ms Domingo contributed nothing to the purchase.”
Alexis Hart had to know the conduct was fraudulent as she was the solicitor settling the purchase had the sale and purchase agreement and was informed of the reason for the request.
So where is Alexis Hart, she still appears on the list of Auckland law society members practicing law, her address for service is still her now abandoned offices at level 1, 2 St Martins Lane, Auckland. Her office phone and fax numbers are not being answered…..where are you Alexis? LF has been online looking for a happy snap but instead located her face book page which includes a decision she is somehow proud of…..we think you shouldn’t be Alexis the Judges blamed you for the incompetence of your pleadings not only a criminal but a fucktard. Give it up girlfriend. Maybe it’s a case for a private prosecution by Mr McCready and Co.
We thought we would quote the courts criticism’s , just for a laugh. The Court of Appeal was not impressed with Harts cock up but had a great deal of sympathy for her client a Ms Marshall allowing her to maintain a caveat but giving her a very limited time line and directions in relation to the approach she should take in her litigation hopefully without the numbnuts Alexis Hart. The case was Marshall v Bourneville and anor CA676/2012  NZCA 271, Rodney Hansen J commenting on Harts incompetence at para , , and ;
 Ms Hart made a very late application 9the day before the hearing for leave to adduce further evidence. We declined the application….we have also disregarded the further submissions and supporting materials filed by Ms Hart filed without leave or invitation by Ms Hart after the appeal was heard.
 It is regrettable also that, in order to maintain Ms Marshalls caveat, Ms Hart was obliged to resile from an argument she put to the Supreme Court However that should not deny her client an available remedy
 While Ms Marshall’s failure in the High Court owes something to the way her arguments were presented there…..
LF will be posting more blogs on the other professionals involved in the Biggest fraud in New Zealand’s history. YEAH BABY!
Advantage Advocacy: The ‘Swindlers List’ Report (copyright Advantage Advocacy Limited)
Malcolm Duncan Mayer : Case No 1735 (Serious Fraud Office)
Warren Arthur Wilson
Malcolm Duncan Mayer
William (Bill) Alexander Ritchie