Five Star Consumer Finance Limited traded as a finance company accepting deposits from the public and investing those deposits in consumer and commercial lending.  Marcus Macdonald, Nicholas Kirk and Anthony Bowden were directors of the company.  Neill Williams was not appointed as a director of the company but was allegedly involved in the management of the company.  Five Star was placed into receivership on 29 August 2007 owing investors approximately $46 million. 

After considering a complaint received from the Receiver, PricewaterhouseCoopers, the Director determined that an investigation into the affairs the Five Star Group & associated companies may disclose serious or complex fraud.  An investigation under Part II of the Serious Fraud Office Act was commenced on 03 April 2008.

The trial of Anthony Bowden and Neill Alan Williams has been transferred to the High Court.  At the first appearance in the High Court a trial date of 18 June 2012 was set.  The defendants indicated that they intended to make pre-trial applications and a date of 9 November 2011 was set down to hear those applications.

On 26 November 2010 Nicholas George Kirk, also pleaded guilty in the District Court in Auckland to offences under Section 220, being theft by a person in a special relationship.  On 21 December 2010 Nicholas Kirk was sentenced to two years and eight months, and Marcus McDonald to two years and three months.

On 27 October 2010 Marcus Macdonald pleaded guilty in the District Court in Auckland to offences under Section 220, being theft by a person in a special relationship.  This relates to misuse of Five Star funds in breach of its Trust Deed requirements.

On completion of the investigation a final investigation report was prepared for the Director.  On the basis of this and following consultation with SFO Panel Counsel the Director decided to charge Marcus Macdonald, Nicholas Kirk, Anthony Bowden and Neill Williams with offences under sections 228 and 220 of the Crimes Act.

The accused were arrested and made their first appearance in the District Court at Auckland on the 24 August 2010.   All accused were granted bail.

Formal written statements are to be filed by the SFO in the Auckland District Court by 17 November 2010.

A post committal date is set for 08 December 2010 in the District Court Auckland.

The investigator for this case is Brett Beattie.  If you have questions regarding your personal involvement with this case or information that may assist the investigation, he can be contacted at brett.beattie@sfo.govt.nz  or on 0800 109 800. 

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