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SFO launches 'related party' probe into Capital + Merchant

The Serious Fraud Office has confirmed today that it has launched an investigation into Capital+Merchant, more than two years after the firm went into receivership.

The investigation was started after a referral from Grant Thornton, the receivers of companies within the failed finance outfit’s group.

Although the investigation is only in its earliest stages, SFO chief executive Adam Feely said it would focus on specific transactions which appeared to have benefited certain related parties through the use of Capital &Merchant funds in “contrived structures and with questionable supporting documentation.”

He said the SFO would form a view “as quickly as reasonably possible as to the merits of these matters.”

“We have received excellent co-operation from Grant Thornton, and from other parties including the second receivers Korda Mentha. We will liaise further with them, and continue to collaborate with other regulatory agencies as appropriate.”

The company went into receivership in November 2007, one year after it was given a four star rating by Property Investment Research for its capital secured debenture stock.

Breached security agreement

But it ran into strife when its trustee Perpetual Trust learned it had breached general security agreements with Australian company Fortress Credit Corp.

The collapse was one factor behind the subsequent failure of financial adviser Vestar, which had recommended investing with Capital+Merchant as every Capital Secured funded loan was supposedly secured individually by a Lloyds of London Insurance policy.

Investors in the company were initially told they could receive less than 60% of their money back, but this soon dropped to 10% and by November 2008, they were told there was no assets left to help them recoup the $167 million they were owed.

In February last year, Grant Thornton uncovered a $41 million chunk of related party loans not recorded as such on the company’s books, with just $1.75 million reclaimed from those loans and the rest written off. 

More by Robert Smith

Comments and questions
6

I think you'll find Capital & Merchant also raised a significant proportion of their deposits through accounting firms, extensive newspaper advertising and of course sponsorship of TV One News.

Let's hope something can be recovered from the scoundrel directors of that firm.

So the investors were left owing $165m in this failed pile of pooh. It took the useless receivers Grant Thorton until Feb last year (thats 15 months after the receivership started)to discover that a whopping $41m or 25% of the investments were related party transactions.

And now another 13 months later they have referred this to the SFO cause they think something might be a bit smelly now. What on earth have they being doing for the last 13 months????????

Give me a break - given this pathetic and useless performance by the receivers I would put little hope in the investors seeing anything now.

Sorry I continue to have about zero faith in any of these organisations who become responsible to run and investigate these failed finance companies.

This should have stuck out like frigging dogs balls within the first couple of months of reviewing their receivables ledger. I mean how difficult could it have been - this is $41m in receivables we are talking about here.

Oh and I wonder how many $100k's that Grant Thornton have sucked out of this - or maybe even $m's now! All care and no responsibility. What a great way to make a buck huh.

Typical!

Directors must be quaking in their boots being referred to the SFO. By the time that bunch of dopes have made sense of the paper trail the Directors and the money will be long gone.
Can someone please remind me of some high profile convictions via the SFO?
I remember they slapped a bit of a tax on Fay & co's insider trading profits...

The SFO can sharpen it's teeth here for a quick-start at Strategic.

Receivers are paid by the hour- big bucks- it is not good business for them to hurry a job!!!

Investors will see something but it won't be financial. It will be the joy of seeing these greedy, immoral, dishonest bastards in Court. I want to know who the "related parties" are and what the money was lent for.
- Vern Wilson, Victims of Vestar, www.vov.co.nz

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