US
company Americhip had freezing orders imposed over the assets of two erstwhile
employees in Auckland who fled to China following allegations that over US$10
million was skimmed from the company.
Jason Charles Dean and his wife Juan Chen (also
known as Juan Chan) are accused of fraud, allegedly using false or inflated
invoices issued by dummy companies they controlled when processing manufacturing orders in China
for Americhip. The High Court was told
Americhip designs and sells advertising material and promotional products. Production is outsourced to factories in
Taiwan and China. In 2003, Mr Dean was
contracted by Americhip to co-ordinate production. He was then living in Taiwan. Ms Chan was hired as the China office
manager. The two later married.
Evidence was given of a tense confrontation in
2013 between Americhip executives and their two off-shore staff then living at
Mr Dean’s Mairangi Bay home with claims they used Chinese labour to manufacture
product “off the books” and further claiming unauthorised “margins” were being
added to product supplied to Americhip. Mr Dean and Ms Chan left for China shortly
after. Their exact whereabouts are
unknown. The court was told Mr Dean’s
daughter has been occupying the Mairangi Bay house rent free subsequently.
Mr Dean claims not to be an employee of
Americhip. “Off the books” production
and charging of margins is normal business practice in China, he claims.
In the High Court, Justice Moore said
Americhip’s case against Mr Dean and Ms Chan appears to be a strong one. He ordered disclosure of the last 12 years bank
statements for accounts in their names or in the companies they control. Their New Zealand assets are frozen. ASB and
HSBC are required to disclose all bank account statements, files and
information they hold for the two. The
court was told Americhip also has a freezing order over the couple’s Hong Kong
bank accounts and has lodged a caveat over the the Mairangi Bay property to
block its sale or mortgage.
Americhip
v. Dean – High Court (3.07.15)
15.074