IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2016-004-009392
[2018] NZHC 1971
THE QUEEN v
KANG XU GANG CHEN
ZONGLIAN JIANG
Hearing: 3 August 2018 Counsel:
T A Simmonds, K J Cooper and S E Cann for Serious Fraud Office
A M Simperingham and W Zhang for Xu S N B Wimsett and S T Patia for Chen
J-A Kincade and A Shendi for Jiang
Judgment:
3 August 2018
SENTENCING NOTES OF KATZ J
Solicitors: Serious Fraud Office, Auckland
A Simperingham, Woodward Chrisp, Gisborne W Zhang, Woodward Chrisp, Gisborne
Counsel:T Simmonds, Barrister, Auckland S Cann, Barrister, Auckland
S N B Wimsett, Barrister, Auckland
S T Patia, Samuel Wimsett Barrister, Auckland J-A Kincade, Blackstone Chambers, Auckland A Shendi, Barrister, Auckland
R v XU, CHEN & JIANG [2018] NZHC 1971 [3 August 2018]
Introduction
[1] Ms Xu, Mr Chen and Mr Jiang, you appear for sentence today, having been found guilty of various charges relating to your involvement in a large-scale mortgage fraud scheme that was perpetrated on the Bank of New Zealand (“BNZ”), ANZ Bank New Zealand Limited (“ANZ”) and, on one occasion, a third bank. The overall scheme involved 57 loan applications, 110 separate property transactions, and loans of approximately $54 million. Most of the offending occurred from late 2011 to late 2013.
[2] Ms Xu, you were convicted of 22 charges of obtaining credit by deception, under the Crimes Act 1961.1 Mr Jiang, you were convicted of 25 charges of obtaining credit by deception and also one charge of corruptly receiving secret commissions.2 Mr Chen, you were found guilty of nine charges of obtaining credit by deception, two of them representative, and one charge of corruptly paying secret commissions.3
[3] The maximum penalty for the Crimes Act charges is seven years’ imprisonment. The maximum penalty for the Secret Commissions Act charges is two years’ imprisonment.
The offending
[4] The factual background to your offending is set out in considerable detail in my Reasons for Verdicts.4 I will therefore only briefly summarise some key aspects of my findings this morning.
Overview of the mortgage fraud scheme
[5] The genesis of the offending was that Kang Huang, who operated a property development business trading as LV Park, was keen to reduce LV Park’s financing costs. In order to do so, he devised a sophisticated scheme to deceive the banks. Each of you played a key role in implementing that scheme.
1 Crimes Act 1961, s 240(1)(b).
2 Crimes Act 1961, s 240(1)(b) and Secret Commissions Act 1910, s 4.
3 Crimes Act 1961, s 240(1)(b) and Secret Commissions Act 1910, s 3.
4 R v Xu [2018] NZHC 1433 at [7]–[38].
[6] LV Park specialised in building residential homes. Mr Huang was the head of the LV Park Group. To fund its property development activities, LV Park obtained finance from non-bank commercial lenders, who charged relatively high interest rates, reflecting the significant risks associated with funding commercial property development activities. Mr…
Continue reading R v Xu
Sign in free to access the full text
- AGLC
- R v Xu [2018] NZHC 1971
- Case
- [2018] NZHC 1971
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.