Claims by travel broker Jitesh Mistry that his $50,000 payment six years ago to now convicted drug dealer Kenny Leslie McMillan was a part of a legitimate business scheme to import cars cut no ice with Justice Boldt, refusing Mr Mistry’s application for repayment out of McMillan assets seized as proceeds of crime.
In 2021, McMillan was sentenced to 18 years imprisonment on charges of methamphetamine supply. All his assets were seized as part of a Criminal Proceeds (Recovery) Act application, later sold to pay down a court ordered profit forfeiture order.
While McMillan protested that Police grossly exaggerated profits made, a $2.7 million profit recovery order remains outstanding.
McMillan claims he was simply part of a chain couriering drugs through the North Island. Police allege he was a wholesaler.
In 2025, Jitesh Mistry applied for payment of $50,000 plus interest out of cash realised from sale of McMillan’s assets. This was a loan made to McMillan, remaining unpaid, he said.
Mr Mistry provided Police with written loan documentation dated March 2019 setting out a $50,000 on demand loan with interest payable at one per cent.
In court, Mr Mistry said he had been acting as a travel broker for McMillan since 2014. A casual conversation identified their common interest in cars. The loan was part of an agreement to go into business importing damaged cars from Australia, he said.
McMillan admits he received $50,000 from Mr Mistry.
Justice Boldt described the supposed business arrangement as implausible.
Mr Mistry could provide no details of how their business relationship progressed. Mr Mistry claimed at time of the loan he did not know where McMillan lived, or of any further business interests McMillan held. There was no further documentation, beyond the loan.
A loan expressed at one per cent interest did not fit with Mr Mistry’s claimed profile as a savvy investor; putting funds on deposit at a bank would have obtained a better return.
Justice Boldt ruled the loan document was not genuine.
Mr Mistry’s application for repayment was dismissed. He was ordered to contribute towards Police costs incurred responding to his claim; payment of $1700 ordered.
Commissioner of Police v. McMillan – High Court (12.02.25 & 20.05.25)
25.120