Thursday 29th March 2012 |
Text too small? |
The Crown is seeking a custodial sentence for the directors of failed lender Lombard Finance and Investments while the defence is arguing that community service or a fine is more appropriate.
Crown prosecutor Colin Carruthers QC told the High Court in Wellington that a starting point of 2 years to 2 ½ years was appropriate for non-executive directors Douglas Graham, Lawrence Bryant and Bill Jeffries.
For former chief executive Michael Reeves, Carruthers said 2 years and 9 months was an appropriate starting point.
Paul Davidson QC, council for Graham and Bryant, told the court a sentence of community service or a pecuniary penalty was appropriate for the directors given the lack of dishonesty in their actions.
Judge Robert Dobson is hearing mitigating factors from council today as he prepares to deliver a sentence after finding them guilty making misleading statements in offer documents a month ago.
At the time of the verdict, Judge Dobson said the directors’ offences were a “material step away from the seriousness required for a custodial sentence” and that the law created “criminal liability for what may be no more than a material misjudgement about the accuracy and adequacy of the description of the state of financial health of the company, as directors authorise it in offer documents.”
Lombard Finance went into receivership in April 2008, owing approximately $127 million to about 4,400 investors.
(BusinessDesk)
BusinessDesk.co.nz
TWR - Capital Return - ATO Class Ruling Obtained
THL - FY25 Trading Update
April 17th Morning Report
EBOS announces opening of Retail Offer
MCY - FY2025 EBITDAF guidance revised to $760m
April 16th Morning Report
AIA - March 2025 Monthly traffic update
Ryman Healthcare FY25 full year results and webcast detail
CHI - Q1 2025 Operational Update
CNU - Q3 FY25 Connections Update