FOR CRIMINAL CHARGES TO BE FILED AGAINST JOHN ARCHIBALD BANKS AND KIM DOTCOM UNDER s105 CRIMES ACT 1961 ‘CORRUPTION AND BRIBERY OF OFFICIAL’
3 MAY 2012
Director of the NZ Serious Fraud Office (SFO)
Dear Mr Feeley,
This is a formal request for the NZ Serious Fraud Office (SFO) to investigate the allegation
1) That the alleged $50,000 donation from Kim Dotcom, made to John Archibald Banks, at the time he was Mayor of Auckland City Council, (thus an ‘official’ under Bribery and corruption s99 Interpretation), was, in effect a bribe, in order to help secure ministerial approval to purchase the Coatsville property which he currently rents.
105Corruption and bribery of official
(1)Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.
(2)Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him in his official capacity.
Crimes affecting the administration of law and justice
Bribery and corruption
- In this Part, unless the context otherwise requires,—
bribe means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect
judicial officer means a Judge of any court, or a District Court Judge, Coroner, Justice of the Peace, or Community Magistrate, or any other person holding any judicial office, or any person who is a member of any tribunal authorised by law to take evidence on oath
law enforcement officer means any constable, or any person employed in the detection or prosecution or punishment of offenders
official means any person in the service of Her Majesty in right of New Zealand (whether that service is honorary or not, and whether it is within or outside New Zealand), or any member or employee of any local authority or public body, or any person employed in the education service within the meaning of the State Sector Act 1988.
2) That there has been an ongoing relationship between John Archibald Banks and Kim Dotcom, which has resulted in alleged discounted accommodation at the Hyatt Hotel.Hong
3)That there is considerable and growing public interest in this matter, both nationally and internationally, which is of significant concern, given New Zealand’s ‘perceived status as the ‘least corrupt country in the world’ (according to Transparency International’s 2011 ‘Corruption Perception Index’.)
4) That there has been considerable and ongoing mainstream media coverage coverage of these matters.
Attendee: Australian Public Sector Anti-Corruption Conference 2009
Attendee: Transparency International’s 14th International Anti-Corruption Conference 2010
Ph (09) 846 9825 Mob 021 211 4 127 email@example.com
Reply from SFO