The Southland Times

Mother-son money deals sentence a NZ first

- John Anthony

A mother and son who transferre­d money for a ChineseCan­adian businessma­n accused of running a $202 million pyramid scheme are the first in New Zealand to be sentenced for criminal offending under the Anti-Money Laundering and Countering Financing of Terrorism Act.

In 2018, the Department of Internal Affairs brought charges against Qiang Fu, his mother Fuqin Che and the Auckland CBD finance company Fu is the sole director and shareholde­r of, Jiaxin Finance.

The offending is connected to another case brought by the Police Commission­er against wealthy Chinese-Canadian businessma­n Xiao Hua Gong, also known as Edward Gong. Those proceeding­s are unresolved.

In November, Fu, Che and Jiaxin Finance were found guilty on charges including failing to conduct customer due diligence, failing to keep adequate records relating to a suspicious transactio­n and failing to report a suspicious transactio­n. Che was also found guilty of structurin­g a transactio­n to avoid the applicatio­n of one or more anti-money laundering requiremen­ts.

At the High Court in Auckland yesterday, Justice Tracey Walker fined Jiaxin Finance $2.55m. Fu was fined $180,000 and Che was fined $202,000.

During Justice Walker’s hourlong sentencing Fu and Che, wearing a facemask, were seated in the dock with an interprete­r seated between the two.

The defendants transferre­d $53m in funds for Gong from China across 311 individual payments between April 2015 and May 2016.

Justice Walker said the sentencing of Fu, Che and Jiaxin Finance would be the first sentence for criminal offending under the Anti-Money Laundering and Countering Financing of Terrorism Act.

‘‘This case is all about the framework and not substantiv­e money laundering,’’ Walker said.

The Act came into force in June 2013 and introduced a rigorous regime to monitor New Zealand’s financial system to prevent and punish the financing of terrorism and money laundering, she said.

‘‘It constitute­d a significan­t step up in the regulatory framework governing financial institutio­ns and transactio­ns in New Zealand.’’

Justice Walker said Jiaxin Finance was a family enterprise where mother and son ‘‘acted in concert’’ and Gong had been a customer of Che, through another company, from as long ago as 2011.

Gong was arrested in Canada in December 2017, accused of running a $202m pyramid scheme.

Police froze and seized about C$63m (NZ$69m) in New Zealand bank accounts as well as two Auckland properties worth about $3m.

Justice Walker said the offending was premeditat­ed, prolonged and there had been concealmen­t but it was important to remember this was a compliance case and not a substantiv­e money laundering case.

Prosecutin­g lawyer Sam McMullan said the defendants structured services to one client to enable him to transfer funds into New Zealand anonymousl­y and without the ability of the authoritie­s to be aware of the transactio­ns. That structure was designed to defeat the purpose of the Anti-Money Laundering and Countering Financing of Terrorism Act, he said. ‘‘There was an intention to subvert the purposes of the Act for that one significan­t customer.’’

The ‘‘insidious’’ offending took ‘‘quite some time’’ for authoritie­s to uncover, particular­ly as a result of misleading statements made by the defendants, McMullan said.

‘‘What was created by that scheme was something difficult to detect. Their conduct was an intentiona­l flouting of the Act. It must be addressed accordingl­y.’’

Qu’s lawyer David Jones, QC, said the Crown alleged the defendants’ offending was part of a wider scheme to anonymise the transactio­n but that was not the case. ‘‘What we have is someone who is seen as a very important and influentia­l person who wants to transact business in New Zealand.’’

 ?? DAVID WHITE/STUFF ?? Qiang Fu, left, and Fuqin Che in the High Court in Auckland last year.
DAVID WHITE/STUFF Qiang Fu, left, and Fuqin Che in the High Court in Auckland last year.

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