Modern Australian
The Times

just 1% of serious fraud complaints result in prosecution

  • Written by Lisa Marriott, Professor of Taxation, Te Herenga Waka — Victoria University of Wellington
just 1% of serious fraud complaints result in prosecution

Despite long being considered one of the least corrupt countries – ranked third in the world by Transparency International – New Zealand is lagging behind when it comes to handling white-collar crime.

This can be loosely defined as financially motivated crime committed by individuals, businesses and government professionals. Recent cases in New Zealand have included uncompetitive procurement processes, ponzi schemes disguised as financial services, or large scale mortgage fraud.

But just 1% of the complaints made to New Zealand’s Serious Fraud Office (SFO) result in prosecutions.

Corruption and white-collar crime are increasingly under the microscope overseas. The European Union is currently negotiating the final version of a new directive on combating corruption. The World Bank has launched a set of anti-corruption initiatives.

Closer to home, Australia recently celebrated the one-year anniversary of the National Anti-Corruption Commission (NACC). The NACC is tasked with detecting, investigating and reporting serious corruption in the public sector.

Funding for the NACC is roughly comparable to New Zealand’s SFO, accounting for population size. But the SFO is tasked with investigating and prosecuting the most serious and complex financial fraud, including bribery and corruption, across both the public and private sectors. The NACC only investigates the public sector.

Complex cases

The SFO focuses on complex financial fraud that is usually outside the capability of other agencies such as the Commerce Commission, Inland Revenue and the Ministry of Social Development to investigate and prosecute. The office typically has 30 to 40 investigations open at a time.

However, these cases are complex – often comprising of more than one million documents. They are time-consuming to prosecute and can take years to conclude.

Cases also usually involve millions of dollars. In 2022-23, the SFO completed six trials and concluded 24 investigations, obtaining convictions for fraud valuing NZ$32 million.

The SFO receives around a thousand complaints yearly, a 100% increase from ten years earlier. But over the past six years, fewer than 1% of complaints resulted in an SFO prosecution.

Referring corruption to Police

So where do the other 99% of complaints to the SFO go?

The Police’s Financial Crime Group has several core functions relating to analysing financial intelligence, restraining criminally acquired assets and investigating money laundering.

I asked the SFO how many referrals (of complaints or cases) they made to the police over the past three years. I also asked the police how many referrals they received from the SFO over the same period.

The agencies provided different data, but it is somewhere between five and nine referrals. This means there is a huge gap between the number of complaints to the SFO and the number of offences either investigated or prosecuted by the SFO, or passed on to the police.

Of the five the police reported, four were the subject of Criminal Proceeds (Recovery) Act investigations. And two of these four resulted in restraining orders issued in the High Court.

Not enough

The key obstacles for both agencies are limited funding and resources, rather than an absence of corruption.

SFO funding remained largely static between 2013 and 2020, at around $10-12 million, but increased to $16 million in 2023. Some of the increased funding allowed the SFO to expand its operations.

However, as crimes become more complex and require more investigative resources, this has not resulted in an increased number of investigations or prosecutions.

A 2022 Independent Police Conduct Authority (IPCA) review of police management of fraud allegations found several agencies have responsibilities relating to fraud.

But the review also found these different agencies operate “within narrow parameters”, and police “end up being the lead agency for the vast majority of fraud investigations, even though their investigative staff are not generally qualified, trained or experienced in dealing with complex financial matters”.

The review acknowledged frauds may not always be pursued “on the basis that the resources required to reach a possible outcome are not justified given other priorities”.

In addition, the IPCA documents its concern that “those processes are applied to fraud much more readily than to other types of cases which are not necessarily more serious, nor more susceptible to resolution”.

Time to take corruption seriously

So, is New Zealand doing enough to combat corruption and white-collar crime? In short, no. The government must signal that it takes corruption seriously by properly funding agencies to investigate and prosecute financial fraud.

Sitting on its laurels because the country is perceived to have little corruption is not enough. New Zealand needs to take these sorts of crimes seriously – not only as a deterrent to potential fraudsters, but also for their victims.

Authors: Lisa Marriott, Professor of Taxation, Te Herenga Waka — Victoria University of Wellington

Read more https://theconversation.com/nzs-white-collar-crime-gap-just-1-of-serious-fraud-complaints-result-in-prosecution-236477

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...

Why Regular Skills Updates Are Essential for Licensed Security Officers

A guard at a Brisbane shopping centre gets a call about a shoplifter who's turned aggressive.  They’ve done the job for six years. But their de-...

10 Benefits of Choosing Professional Tutoring Penrith Services

Every student has unique learning strengths, challenges, and academic goals. While classroom teaching provides essential knowledge and structure, so...

Sunshine Coast Baby Classes Prove Big Hit Among First-Time Mums

There's a movement gaining traction on the Sunshine Coast, providing a village of support, socialisation and relief for first-time mothers and babie...

Father's Day Gift Ideas for Men Who Are Hard to Buy For

Some dads are easy to buy for. Others do not want anything, already have everything, or give you the classic "don't worry about me" answer every yea...

Top 5 Mistakes That Wear Out Your Brakes Faster

Brakes don't need frequent replacements like oil changes do.   But a lot of the wear happens quietly, over months, because of habits most drivers...

Plantation Shutters vs Curtains: Which Is Better for Your New Home?

Moving into a new home is an exciting opportunity to personalise your space and make it your own. While many homeowners focus on furniture, flooring...

Celebration of Life vs Traditional Funeral: What's the Difference?

When saying goodbye to someone you love, there is no single way to honour their life. Every family has different traditions, beliefs, and preference...

Building Approval for Roofing Projects: What Homeowners Need to Know

Roofing projects are an important part of maintaining and protecting your home. Whether you're repairing storm damage, replacing an ageing roof, or ...

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are d...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...