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Home / New Zealand

Ex-Five Star boss out of jail

Jared Savage
By Jared Savage
Investigative Journalist·NZ Herald·
25 Nov, 2011 04:30 PM4 mins to read

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Nicholas Kirk may face a private prosecution from disgruntled Five Star group investors. Photo / Steven McNicholl

Nicholas Kirk may face a private prosecution from disgruntled Five Star group investors. Photo / Steven McNicholl

One of the first finance company chiefs sent to prison is now free - just 11 months after he was imprisoned for his part in the $85 million collapse of the Five Star group.

Nicholas George Kirk, 65, was sentenced to two years and eight months in jail after pleading guilty to charges laid by the Serious Fraud Office and Ministry of Economic Development.

The SFO charges related to the theft of $50.1 million by a person in a special relationship after "cunningly conceived" related-party loans were made by the directors of the Five Star group to companies connected to them.

A tiny fraction of that money has been recovered.

But Kirk was released at his first parole hearing this month as he is no longer considered a risk to the public.

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The Parole Board noted Kirk was bankrupt, banned as a director for five years and suspended as an accountant for three years.

"Apart from a house in which he will reside, Mr Kirk has no other assets. His only source of income will be his national superannuation."

The Weekend Herald understands the property is a $650,000 beach bach in Mangawhai Heads.

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But a group of investors are considering a private prosecution against the directors and will ask the Official Assignee to investigate the validity of the bankruptcies of Kirk and others involved in Five Star.

Kirk was in Rangipo Prison, near Taupo, with fellow Five Star director Marcus Arthur Macdonald, who was released in September - just nine months after being jailed.

Investors - who lost at least $88 million when the group collapsed in 2007 - are furious that bankrupts Kirk and Macdonald will live in comfortable homes owned by family.

Joe Tregerthan, who lost a significant sum when Five Star Debenture Nominee collapsed, was friends with Macdonald for more than 40 years.

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He said the subsidiary company - which went into liquidation in November 2007 owing $34 million - was funded by fewer than 250 investors, who were friends, family and clients of the Five Star directors.

Investors had suffered horrendously in the past four years as a result of the Five Star collapse and the criminal behaviour of Kirk and Macdonald, Mr Tregerthan said.

Many were forced to buy smaller homes, sign up to new mortgages and had stress-related illnesses, as well as "many broken dreams".

"This, among other things, has resulted in suicide attempts, premature deaths, broken and strained relationships ... an 80-year-old having to return to the workforce, and a woman in her 60s taking a stressful nightshift job in a hospital."

A third director, accountant Anthony Walpole Bowden, was sentenced to nine months' home detention and 300 hours' community work for breaches of the Securities Act.

He pleaded not guilty to the SFO charges and will stand trial with Neill Alan Williams, a discharged bankrupt who the Crown alleges acted as a shadow director.

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All four were banned as company directors for five years in May 2010.

Papers obtained by the Weekend Herald under the Official Information Act and court documents outline the tangled web of related-party loans to companies and entities connected to the Five Star directors and Williams.

About $19 million was loaned to companies or trusts allegedly connected to Williams.

Five Star marketed itself as a low-risk or modest-risk finance entity which made small consumer loans, around $3500 over three years, for clients to make household purchases such as fridges.

Instead, Five Star was investing large sums in complex commercial and related-party loans - totalling more than $50 million. In 2007, Five Star Consumer Finance collapsed with losses of $42 million. Other companies in the group, Five Star Finance and Five Star Debenture Nominee, owe another $43 million.

While other economic factors contributed to the business failures, Judge Roderick Joyce said Macdonald and Kirk's criminal actions "played a significant part in the losses" and the related-party loans of $50 million were "cunningly conceived".

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"But in my consideration the admitted wrongdoings, given they were very significant to the financial safety of the enterprise characteristics, must surely be recognised as a highly significant factor in the turning of the Five Star Group into, metaphorically speaking, a house of cards awaiting its fall."

Judge Joyce said prudent investors would not have invested - or continued to invest - had they known Five Star's true financial position and been aware of the high-risk related-party lending.

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