Yesterday just after 5pm we read across multiple online news channels that a Chartered Accountant had pled guilty to conduct breach changes in relation to Duval.
The Chartered Accountant, yet to be named, was caught accessing the Xero account of failed property developer, Duval, which was owned by Kenyon and Charlotte Clarke.
Suppression orders have been ordered by the NZICA until 5pm today. That said it is not hard to work out who the culprit is.
PwC as it turns out had already warned the Accountant to NOT access the accounts, as PwC were already in charge and the various entities were in Receivership and or Statutory Management.
BUT HERE IS WHERE SOME RATHER IMPORTANT QUESTIONS NEED SOME ANSWERS
We know via yesterday’s media that the Accountant openly stated she was acting on instructions from Kenyon Clarke.
Why would she take instructions from him of any kind as he was no longer in charge of anything Duval?
Enter Karl Linderman, at the time of Duval’s collapse he was the second largest shareholder, and in the hole for a few million.
Linderman, as we know, took the recently failed High Court case against the FMA. (He should have gone to the SFO, but perhaps couldn’t as he was complicit in using fake accounting records)
Given the timing of the Xero access, some 2 weeks after PwC being appointed, that raises some questions which are quite concerning.
Just what was the Accountant doing accessing the information?
Why were they taking instructions from Kenyon Clarke given he was no longer in control of Duval and was himself in Personal Receivership.
Did the Accountant alter the accounts to make Duval appear solvent? If so, why?
Why were these altered accounts presented to the NZ govt along with various letters of support?
Was it an attempt to further defraud the tax payer using falsified accounting documents? (It was not the first time Duval had accounting issues)
Did Linderman use knowingly and deliberately false information in his High Court case?
Did Linderman have a 3rd party verify any of this information he based his High Court claim on?
Did Linderman deliberately attempt to mislead the High Court in order to obtain a judgement in his favour?
Has Linderman deliberately filed false affidavits in order to deceive? If so, will he be charged with perjury?
Has Linderman committed an act of fraud?
Were Linderman and Clarke in cahoots with an orchestrated plan hoping to rescue themselves before PwC had a chance to work through the ‘hopelessly insolvent’ debt ridden Duval mess?
Why would the Accountant throw away their career for Duval and the Clarkes?
This appears to us to be a deliberate attempt by both Kenyon Clarke and Karl Linderman to trick the Govt Ministers into thinking the FMA was wrong in its request for Statutory Management.
Yesterdays revelations in our view are now the start of the end.
