FMA: Still looking at SCF issues

SCF investors received government money after the company collapsed.

Watchdog says its ‘open inquiry’ is examining judge’s decisions

A Financial Markets Authority inquiry associated with South Canterbury Finance remains live and the regulator says it is considering issues raised in this week's judgment from the Serious Fraud Office case.

The FMA, which has taken its fair share of action after finance company collapses, lined up to support the SFO when it laid charges against five men associated with the failed Timaru firm in December 2011.

The verdicts in that Serious Fraud Office case this week found only one man - ex-director Edward Sullivan - guilty, on five of the nine charges he faced.

The other two accused who went to trial - ex-SCF chief executive Lachie McLeod and former director Robert White - were acquitted of all wrongdoing by Justice Paul Heath.

Charges against two others associated with the company were dropped before the trial began.

When the SFO laid charges in December 2011, then-FMA chief executive Sean Hughes said it was examining avenues to take civil proceedings to recover some of the money paid to SCF investors under the Crown retail deposit guarantee scheme.

Asked about the matter this week, an FMA spokesman said: "FMA has not initiated civil proceedings against the directors or related parties of SCF.

"FMA has an open inquiry which is considering whether there are any other issues that may justify action.

"As part of this inquiry, FMA has monitored progress of claims taken by Crown Asset Management Limited and the receivers. We expect that inquiry to be concluded shortly."

The authority spokesman said the inquiry had remained open since the SFO case was announced.

"We are considering the judgement and the issues raised in it, and will conclude our inquiry shortly," he said.

Because of South Canterbury Finance's participation in the retail deposit guarantee scheme, 35,000 investors were bailed out by the taxpayer to the tune of $1.6 billion when the company collapsed - of which $800 million has been recovered from other parties.

The most serious charge in the SFO case alleged that Sullivan, McLeod and White helped deceive the Crown into letting the finance company into the scheme.

Justice Heath found the charge was not proven.