15 Jun 2018
R v XU, CHEN & JIANG [2018] NZHC 1433
- Citation
- [2018] 3 NZLR 626
- Court
- High Court
On the totality of direct and circumstantial evidence, including forensic IT linking creation of false Chinese bank statements to devices in Xu's office, transaction and text-message evidence showing coordination by Huang and transmission through Chen, and forensic accounting showing funds routed through accounts controlled by Chen and paid to bank staff, the Court found beyond reasonable doubt that Xu, Chen and Jiang knowingly engaged in deception or omissions that induced banks to advance credit and that secret commissions were paid and given. The Court also held s 240(1)(b) does not requir…
- Obtaining by deception (s 240 crimes act)
- Secret commissions
- Inducement and causation
- Fiduciary duty and conflicts of interest
- Document and identity forgery
- Forensic accounting and electronic evidence