Dodgy John Has Gone

OPEN LETTER / REQUEST TO THE DIRECTOR OF THE SERIOUS FRAUD OFFICE, ADAM FEELEY:

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

Adam Feeley,

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.

http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328753.html

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.

http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328730.html

Part 6
Crimes affecting the administration of law and justice

Bribery and corruption

99Interpretation

• 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.

Penny Bright

‘Anti-corruption campaigner’

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  waterpressure@gmail.com

Lisa Prager

Reply   from  SFO

JOHN BANKS KIM DOTCOM SFO COMPLAINT ALLEGING BRIBERY AND CORRUPTION 4 May 2012 120504 – Bright P

COMPLAINT TO POLICE UNDER s.138 (2) LOCAL ELECTORAL ACT 2001

DATE: 27 April 2012

GROUNDS FOR COMPLAINT:

The alleged failure of  2010 Auckland Mayoral candidate John Banks to declare a $15,000 donation

from Sky City, as per statutory requirements of s.109 (1) (b) of the Local Electoral Act 2001.

COMPLAINANTS: Penny Bright –waterpressure@gmail.com Ph (09) 846 9825

Lisa Prager ..   l.pra@xtra.co.nz                   Ph (09) 360 3397

BACKGROUND TO COMPLAINT:

 On Tuesday 10 April 2012, the complainants, both former Auckland Mayoral candidates, Lisa Prager 2007) and Penny Bright (2010) went to the offices of Independent Electoral Services Ltd, and perused the electoral returns of 2010 Auckland Mayoral candidates John Banks and Len Brown.

CONFIRMED:

John Banks did not declare  a $15,000 donation from Sky City.

(Len Brown did declare  a $15,000 donation from Sky City.)

STATUTORY DUTIES OF CANDIDATES ARISING FROM LOCAL ELECTRAL ACT 2001

The statutory duties arising from the Local Electoral Act 2001  are as follows:

109Return of electoral expenses

• (1)Within 55 days after the day on which the successful candidates at any election are declared to be elected, every candidate at the election must transmit to the electoral officer a return setting out—
• • (a)the candidate’s electoral expenses; and
  • (b)the name and address of each person who made an electoral donation to the candidate and the amount of each electoral donation; and
  • (c)if an electoral donation of money or of the equivalent of money is made to the candidate anonymously and the amount of that donation exceeds $1,000,—
    • (i)the amount of that donation; and
    • (ii)the fact that it has been received anonymously.

(2)Every return under subsection (1) must be in the form prescribed in Schedule 2 or to similar effect.

http://www.legislation.govt.nz/act/public/2001/0035/latest/DLM94759.html

Part 1 Preliminary provisions

5 Interpretation

• (1)In this Act, unless the context otherwise requires,—

anonymous, in relation to an electoral donation (as defined in section 104), means a donation that is made in such a way that the candidate concerned does not know who made the donation

http://www.legislation.govt.nz/act/public/2001/0035/latest/DLM93310.html

…..

THE ALLEGED OFFENCE:

134 False return

• (1)Every candidate commits an offence who transmits a return of electoral expenses knowing that it is false in any material particular, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000.

(2)Every candidate commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who transmits a return of electoral expenses that is false in any material particular unless the candidate proves—

• (a)that he or she had no intention to mis-state or conceal the facts; and
• (b)that he or she took all reasonable steps to ensure that the information was accurate.
• http://www.legislation.govt.nz/act/public/2001/0035/latest/DLM94799.html

DUTY FOR POLICE TO TAKE ACTION IN RESPECT OF OFFENCES:

138 Duty to take action in respect of offences

• (1)If the electoral officer at any election or poll—
  • (a)receives a written complaint that an offence under this Part has been committed; or
  • (b)believes for any other reason that an offence under this Part may have been committed,—

the electoral officer must report that matter to the Police together with the results of any enquiries made by the electoral officer that he or she considers appropriate.

(2)Subsection (1) does not prevent any person from reporting an alleged offence to the Police.

PUBLIC INTEREST:

http://www.nzherald.co.nz/act-party/news/article.cfm?o_id=359&objectid=10801742

NZH article 27 April 2012:

….

Banks did not reveal SkyCity as big donor

By Claire Trevett

5:30 AM Friday Apr 27, 2012

Labour MP Trevor Mallard has lodged an official complaint about Act leader John Banks failing to disclose a $15,000 donation was from SkyCity during his 2010 Auckland mayoralty campaign.

Mr Mallard lodged the complaint with the Auckland Council electoral officer this week. He also asked the

electoral officer to scrutinise “anonymous” donations of radio advertising Mr Banks had included in his return.

SkyCity gave $15,000 each to Len Brown, now mayor, and Mr Banks, his rival, during that campaign.

Although Mr Brown’s donation return listed SkyCity as a donor, Mr Banks’ listed an anonymous donation

of $15,000. It did not mention SkyCity.

The penalty for knowingly filing a false return is up to two years in prison or a fine of up to $10,000.

There is a lesser penalty of a $5000 fine if the candidate did not know it was false. MPs convicted of

crimes with a penalty of two years or more can not remain in Parliament.

However, Mr Banks said he was not concerned about the complaint, dismissing it as Mr Mallard “up to

his old timeless tricks”.

He said he had not known at the time that the donation was from SkyCity and his donations return was

accurate as at the date he signed it.

“I signed the document at the said time to the best of my knowledge.”

Although SkyCity had subsequently publicly confirmed donations to both candidates he had not

considered amending his return or asked further questions of his campaign team.

Asked how it was that Mayor Brown had known about the SkyCity donation yet he had not, the Act

leader said his campaign accountants had dealt with the finances for his campaign and he had based

his return on the information they gave him.

Asked if it was possible they had known the donation was from SkyCity, he said it was.

Auckland Council’s electoral officer, Bruce Thomas, said he would consider the complaint and decide

whether to refer it to police.

By Claire Trevett

Copyright ©2012, APN Holdings NZ Limited

 Acknowledgment by Police

“27 April 2012

This email is to formally acknowledge your complaint under the Local Electoral Act 2001(LEA) in respect to the 2010 Mayoral Election and allegation of a false return made by the now Hon John BANKS in respect of his returns under section 109 LEA.

For future reference File 120427/9334 refers.

At this point in time I will be your point of contact.

Regards

Detective Inspector Mark Benefield

Field Crime Manager Auckland City District

Extn: 95766

DDI: 09 3026 766

Mob: 0274 741902

Fax: 09 3754652″