Full list of Swann assets revealed

Michael Swann's many assets.
Michael Swann's many assets.
The full list of known assets of convicted fraud Michael Swann have been revealed in a High Court document detailing 12 properties, 21 vehicles, five vessels and five containers of vehicle parts.

In a reserved decision, Justice Christine French granted the Solicitor-general a restraining order over all Swann's assets under the Proceeds of Crimes Act.

Crown solicitor Marie Grills confirmed yesterday the order applied not only to the known assets but to any other assets not yet discovered.

When seeking the restraining order at a court hearing this month, Ms Grills told the court Swann had not assisted with the recovery of the proceeds of the offending and had actively tried to mislead authorities by providing false information in an affidavit and by using associates to hide assets.

Ms Grills said the search for Swann's assets would continue.

In March, Swann was jailed for nine years and six months, with a minimum non-parole period of four years and six months, for defrauding the Otago District Health Board of almost $17 million.

Much of Justice French's decision dealt with "family chattels" that Swann's estranged wife, Anna Devereux, considered should not be part of the restraining order.

Ms Devereux was the only one of 15 respondents to oppose the order.

At the hearing, her counsel, Len Andersen, argued that "family chattels" remained Ms Devereux's property, because Swann did not own them and there was no evidence they were "tainted".

He contended the household contents were in a different category to the properties and that Ms Devereux, in an affidavit, "deposed that she did not know of any item of furniture or chattels . . . that were purchased with tainted money".

Justice French said that after receiving the affidavit, police made inquiries which "appear to establish that certain items of furniture" were purchased by Ms Devereux "using cheques signed by Mr Swann" and drawn on the account of one of his companies which received some $9 million of the money defrauded from the health board.

Justice French did not accept the "bland assertion" that the household contents must all belong to Ms Devereux by virtue of being in her possession.

"I consider it is more likely than not that the household contents were either paid for by Mr Swann and/or are tainted property.

"In the one case where she was specific and claimed to have purchased leather sofas herself, inquiries have established that the money came from Mr Swann's company."

Ms Devereux had an assurance from the Crown that she could "uplift" items she could show belonged to her personally.

Justice French ruled that Ms Devereux and her children, "pending the further order of the court", could continue to live at their Ferntree Dr house, receive rental from tenanted properties and use a 2005 Land Cruiser until a replacement was provided.

Ms Grills said the next step was for the Crown to apply for a pecuniary penalty order and forfeiture orders in relation to restrained property.

That was likely to happen soon.

 

Add a Comment

 

Advertisement