10 July 2015

Fraud: R. v. Scutts

Sentencing former NZ Wine Company chief executive Peter Scutts to home detention for taking $64,000 in secret commissions on Australian wine sales, Justice Peters said the seniority of an employee is one of the criteria to be taken into account when determining the penalty.
Peter John Scutts was convicted on one charge of breaching the Secret Commissions Act and sixteen Crimes Act fraud charges following backhanders received on sales by Liquor Marketing Group Australia of NZ Wine product.  Over a 19 month period he was paid $64,000 on sales by Liquor Marketing: roughly one dollar on each case of NZ Wine sold.  Liquor Marketing is a co-op supplying hotels, bars and liquor stores in Australia.
The High Court was told Scutts made a declaration of interest to the NZ Wine board about his family’s supposed involvement in the Liquor Marketing contract.  He stated a company called Rochfort Rees Wine Company Ltd, owned by his wife and son, had been asked to provide consulting services to Liquor Marketing in respect of the NZ Wine product and that his son would be the consultant.  This was misleading.  Scutts and his son jointly held 98 per cent of the company’s shares.  His son never did provide any consulting services.  The backhanders to Scutts were invoiced on Rochfort Rees letterhead and paid into an Australian bank account in Scutts’ name.
Evidence was given that NZ Wine became aware of the backhanders after the company merged with Foley Family Wines in August 2012.  The payments had not been recorded in Rochfort Rees’ financial records or its tax returns.
Justice Peters sentenced Scutts to eight month’s home detention.  NZ Wine recruited you and paid you well because of your expertise and abilities, she said.  NZ Wine was entitled to your undivided loyalty.
R. v. Scutts – High Court (21.05.15 & 10.07.15)
15.080