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Jimmy Ming Miu (47) has been found guilty of Crimes Act charges in the Auckland District Court today following a Serious Fraud Office (SFO) prosecution.

Guilty verdicts end long running SFO case

Jimmy Ming Miu (47) has been found guilty of Crimes Act charges in the Auckland District Court today following a Serious Fraud Office (SFO) prosecution.

Mr Miu was charged in December 2009 and faced 23 charges of using a document with intent to defraud and 49 charges of dishonestly using a document. Today he was found guilty of 55 of those charges.

The charges relate to when Mr Miu was employed as the IT Systems Manager for McKay Shipping New Zealand Limited (McKay Shipping) between 2000 and 2006.

During the period of offending, Mr Miu purchased computer hardware and software using the trading name Avanti Systems or Avanti Systems Integration.  Mr Miu invoiced his employer for the computer products and in his position as IT Manager also approved the invoices for payment.  The invoices were either highly inflated or false in that the products were never supplied or the products were not required by his employer. Mr Miu was found guilty in relation to 55 invoices that were submitted to McKay Shipping over a period of six years and totaling in excess of $1 million.

When the fraud was discovered by his employer Mr Miu fled to Australia.  In October 2011 Mr Miu was extradited from Australia and he was charged with those matters which were the subject of the extradition order.

Mr Miu will reappear for sentencing on 5 May 2014.

ENDS

For further information

Andrea Linton
Serious Fraud Office
027 705 4550

Note to editors

Background to investigation

Mr Miu was employed by McKay Shipping (New Zealand) Limited (McKay Shipping) as an IT Systems Manager from April 1999 to December 2006.

The SFO received a complaint in October 2007 and opened a Part II investigation at that time. Charges were laid in December 2009.

Crimes Act offences

Section 228 Dishonestly taking or using document
Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,-
(a) dishonestly and without claim of right, takes or obtains any document; or
(b) dishonestly and without claim of right, uses or attempts to use any document.

Section 229A Taking or dealing with certain documents with intent to defraud

About the SFO

The Serious Fraud Office (SFO) was established in 1990 under the Serious Fraud Office Act in response to the collapse of financial markets in New Zealand at that time.

The SFO's role is the detection, investigation and prosecution of serious or complex financial crime. The SFO's focus is on investigating and prosecuting criminal cases that will have a real effect on:

  • business and investor confidence in our financial markets and economy
  • public confidence in our justice system and public service
  • New Zealand's international business reputation.

The SFO operates three investigative teams:

  • Evaluation and Intelligence;
  • Financial Markets and Corporate Fraud; and
  • Fraud and Corruption.

The SFO operates under two sets of investigative powers.

Part I of the SFO Act provides that it may act where the Director "has reason to suspect that an investigation into the affairs of any person may disclose serious or complex fraud."

Part II of the SFO Act provides the SFO with more extensive powers where: "...the Director has reasonable grounds to believe that an offence involving serious or complex fraud may have been committed..."

The SFO's Annual Report 2013 sets out its achievements for the past year, while the Statement of Intent 2013-2016 sets out the SFO's three year strategic goals and performance standards. Both are available online at: www.sfo.govt.nz(external link)