09 February 2018

Fraud: SFO v. Huang

Experienced residential property developer Kang Huang was sentenced to four years seven months jail for a long-running mortgage fraud using false documentation to get $48 million in working capital over a four year period from three trading banks at home-owner mortgage rates rather than more expensive commercial rates.  He was also convicted of bribery for slipping a bank employee $7000 to process mortgage applications knowing they were false.
Kang Huang is also known as Gang Wang and Thomas Wang.  The High Court was told Huang engineered the fraud to save financing costs for his twenty year old business.  Using nominal buyers as pretend purchasers of houses under construction he gained the benefit of residential mortgage rates, cutting out the higher interest rates and roll-over fees charged on commercial loans.  Friends, relatives, associates, employees and in some cases fictitious individuals were put up as the supposed purchasers of homes under construction.  False employment letters and statements of financial position were concocted in support.  Often this would involve fictitious employment letters and bank statements from Chinese organisations.  This created a paper trail difficult for New Zealand banks to verify.  One bank employee was suborned with bribes to turn a blind eye to the fraud.  He fled the country, avoiding prosecution.
Evidence was given that all but two of the 57 false residential mortgages have been repaid by Huang’s business.  He is keeping up mortgage payments on one property, the other was sold in a mortgagee sale resulting in a $394,000 shortfall.  The named borrower is liable for this shortfall; one of Huang’s employees.  Justice Lang said the fact so few loans resulted in a loss is a fortuitous result not attributable in any way to Huang.  He was operating in a rising market.  Sales of completed properties were able to cover the mortgage raised.
Consequences of the fraud are not restricted to potential financial loss for lenders and the nominal borrowers, Justice Lang said.  There are wider macro-economic effects.  Bank time and resources are expended in countering fraud, legitimate residential customers are squeezed out of the mortgage market and there is a threat to New Zealand’s international commercial reputation if such frauds become commonplace.  As a deterrent, Huang must serve a minimum term of two years three months before being eligible for parole.      
Serious Fraud Office v. Huang – High Court (9.02.18)

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