Finance company director Xiaolan Xiao has lost his challenge to a $5.3 million fine imposed under anti-money-laundering laws, with his arguments against the judgment rejected by the Auckland High Court.
Last September, Justice Kit Toogood ruled that Ping An Finance, a company that facilitated remittance of foreign funds and operated out of offices in central Auckland, "failed abysmally" to meet the rigorous reporting and monitoring requirements of the regime in transactions totalling $105.4 million.
The judge described a pattern of "calculated and contemptuous disregard" for the law as "a cultural norm" in the company, and said Xiaolan Xiao had also misled the authorities by claiming his company would cease trading from April 1, 2015, when there was clear evidence that it had continued to do operate including channelling funds through personal bank accounts. In a hearing on March 2, Xiao applied for that judgment to be set aside, saying there had been a miscarriage of justice.
That judgment was the first under the then-four-year-old anti-money laundering and financing of terrorism regime, and the judge said the penalties, including Xiao paying costs and Ping An Finance and Xiao being banned from continuing to offer financial services, were intended to be "so significant as to deter and denounce non-compliance."
The breaches were pursued under the civil rather than criminal provisions of the law, which require a less demanding level of proof than prosecution seeking a prison sentence. The Department of Internal Affairs investigation that uncovered the breaches found a failure to "keep appropriate records of 1,588 transactions, the identity and identification of 362 customers, and the establishment and continuation of 122 business relationships".