Former high-flying real estate agent Aaron Drever has been charged with breaching bankruptcy rules and if convicted faces up to two years behind bars.
But the undischarged bankrupt is vowing to defend the charges and claims he only learned he was being prosecuted by MBIE from the Herald.
Drever made millions selling houses in West Auckland before being stripped of his real estate licence in 2016.
He was made bankrupt in 2019 after the collapse of his Grocer's Market enterprise - after he tried to restart the failed Nosh supermarket brand - and was found personally liable for almost half a million in debt.
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Advertise with NZME.An MBIE investigation commenced last year related to Drever's alleged links to a chain of Auckland fast food restaurants - The Fish and Chippery - and the liquidation of a rich Australian businessman's fish and chip company in May last year, The Fish and Chip Co Ltd.
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Now the Herald can reveal MBIE's Integrity and Enforcement Team (IET) has filed six charges against Drever in the Auckland District Court of breaching the Insolvency Act.
These include three charges of obtaining credit whilst being an undischarged bankrupt, two of taking part in the management of a business whilst an undischarged bankrupt, and one of failing to file a statement of affairs with the Official Assignee.
IET manager Vanessa Cook told the Herald the charges were filed on June 8. Drever is due to make his first appearance on the charges later this month.
Cook said the taking part in management of a business charges carried a maximum penalty of two years in prison "and relate to the bankrupt's alleged involvement with two Auckland-based businesses".
The three obtaining credit charges carried a maximum penalty of 12 months' imprisonment and/or a $5000 fine "and stem from actions allegedly taken by the bankrupt in regards to one of the businesses he is charged with being involved with".
The single charge of failing to complete a statement of affairs also carried a maximum penalty of 12 months' imprisonment and/or $5000 fine.
Cook refused to say how much Drever was alleged to have borrowed or who had allegedly lent the money.
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Advertise with NZME.Bondi entrepreneur Andrew Phillips placed his company The Fish and Chip Co Ltd into liquidation last year after ploughing more than $100,000 into the business.
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He told liquidators he thought he was buying three Fish and Chippery companies in Birkenhead, Onehunga and Grey Lynn.
However, it later emerged that although a sale and purchase agreement was drawn up, it was never properly executed.
Drever is not a listed director or shareholder of any of the companies.
He has strenuously denied any wrongdoing and maintained previously he had not breached his bankruptcy obligation, stressing he was only a company employee.
In a statement on Thursday, sent from Drever's email address, a spokesman for Drever said: "Mr Drever has been made aware of the allegations laid by MBIE ... They will be successfully defended."
