ACCforum: Former SFO lawyer challenges Police search of Computers - ACCforum

Jump to content

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

Former SFO lawyer challenges Police search of Computers Anita Killeen & Adam Feeley emails to media case

#1 User is offline   hukildaspida 

  • Advanced Member
  • PipPipPip
  • Group: Member
  • Posts: 3353
  • Joined: 24-August 07

Posted 21 December 2011 - 09:23 PM

Computer row in SFO fraud case
IAN STEWARD

http://www.stuff.co....-SFO-fraud-case

Last updated 11:06 21/12/2011

A former Serious Fraud Office lawyer charged with forgery is challenging the police search of computers seized from her home.

Anita Killeen, 35,
faces four charges, including one of forgery, one of damaging a computer system and two counts of using forged documents after she allegedly sent reporters an email supposedly written by SFO boss Adam Feeley.

Killeen's appearance in the Auckland District Court was excused today when police applied for extra time to file written statements in the case.

Paul Davison QC, for Killeen
, said there was an issue with investigations of computers seized from his client's home and that matter would be heard in the High Court in February.

Killeen was further remanded on bail to April 5.

Police allege Killeen forged emails from SFO chief executive Adam Feeley and sent them to the media.

At the time Feeley was under fire from the media for sending an email to staff celebrating prosecutions against Bridgecorp and inviting them to drink a $70 bottle of champagne that had been "left behind" in Bridgecorp's offices.

The State Services Commission called Feeley's actions "ill-advised" but accepted he had not acted with "dishonest intent".

The charges laid against Killeen show she is accused of supplying the National Business Review and the New Zealand Herald with another email, which appeared to also be written by Feeley.

Police allege Killeen accessed SFO computer systems and forged the email, before sending it to the media.

The New Zealand Herald reported that the contents of the alleged forgery would have damaged Feeley's reputation further, but as he denied ever writing it an investigation was begun into its origins.

Killeen was made redundant last year after restructuring at the SFO.


- Auckland Now
0

#2 User is offline   not their victim 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 10829
  • Joined: 04-August 08

Posted 27 January 2012 - 08:50 AM

SFO lays 92 charges against Rockforte Finance directors
2:30 PM Thursday Jan 26, 2012

Expand Women's clothing chain Jean Jones makes up a quarter of bombed financier Rockforte's loan book.The Serious Fraud Office has laid a total of 92 criminal charges against the three directors of failed Gisborne finance company Rockforte Finance, which collapsed with deposits guaranteed by the Crown retail deposit guarantee scheme and whose receivership is likely to cost the taxpayer the thick end of $3.5 million.

The SFO said ex-directors Nigel Brent O'Leary and Colin Mark Simpson each face 34 charges, and John Patrick Gardner faces 24 charges under the Crimes Act.

Their alleged offences include theft by a person in a special relationship, false accounting, obtaining by deception, and false statements by a promoter. The charges carry maximum sentences of between seven and ten years imprisonment.

Rockforte Finance was established in 2003 and was primarily a second hand car financier. Most of its investors were from the Poverty Bay area. Rockforte operated under a trust deed that prohibited it from using investors' funds to make loans to related parties in excess of 2 per cent of its total tangible assets without the consent of the trustees.

But the SFO alleges the directors allowed a significant portion of investors' money to be used as a source of funding for their personal business interests in two companies - Gisborne Haulage and Michael Ward 1969 Ltd, which operated the "Jean Jones" retail clothing label throughout New Zealand.

"Rockforte Finance is yet another finance company where people have endeavoured to make prudent investments in a company they believed made arms-length commercial loans and operated under the watchful eye of an independent trustee, but the reality has been something very different," SFO CEO Adam Feeley said.

At $3.86 million investors' losses were small compared to other finance companies and the majority were ultimately covered by the Crown Retail Deposit Guarantee Scheme but Feeley said there was still significant public interest in the prosecution.

"The failure of Rockforte Finance, and the consequential failure of several other businesses, had a significant impact on the Gisborne community. It is important for investor and business confidence that the persons responsible for that failure are held to account," Feeley added.

Rockforte's receiver's Dennis Parsons and Katherine Kenealy of Indepth Forensic Ltd, said in their most recent report that given the likelihood of recovery against Rockforte's directors - O'Leary, Gardner and Simpson - was low, the expected the return to the taxpayer, via Treasury, was less than 5 cents in the dollar.

The receivers said Rockforte's records showed 77 investors with $3.25 million invested in secured debentures. However, they also identified additional investors with $610,000 of funds that appear to have been transferred to third parties without the investors' knowledge or consent.

Treasury has reimbursed 66 Rockforte investors to the tune of $3.5 million.

Meanwhile, Feeley said the Rockforte case was the penultimate finance company investigation to be concluded by the SFO, with only Mark Hotchin and Eric Watson's Hanover Finance still being probed.

"We are pleased that there is now some clarity around this and most other finance company failures. We will be putting all necessary resources into managing our eight current finance company prosecutions through to an appropriate conclusion this year," Feeley said.

Separately he said the SFO was dealing with a significant number of new cases, including 21 new investigations in the first half of the financial year, and has a further 31 cases under prosecution.


INTEREST.CO.NZ
0

#3 User is offline   hukildaspida 

  • Advanced Member
  • PipPipPip
  • Group: Member
  • Posts: 3353
  • Joined: 24-August 07

Posted 27 January 2012 - 11:12 AM

Is there more to this than meets the eye?

Did Anita Killen work on this case when at the http://www.sfo.govt.nz/?


http://www.nzherald....jectid=10720062

Perhaps they should all be looking further into the case against her and the Malcom Mayer case in light of this behaviour by Dermott Nottingham, Earle "Robert" McKinney & associates.

There always seems to be an ulterior motive lurking in the background with Nottingham & his associates.

Who will be his next target in Government?


Phone Tapping Bombshell article Investigate Magazine August 2009 pages 26-31

Post number # 32,

http://accforum.org/...tingham__st__20

http://issuu.com/iwi...gate/1?mode=a_p


 hukildaspida, on 21 December 2011 - 09:23 PM, said:

Computer row in SFO fraud case
IAN STEWARD

http://www.stuff.co....-SFO-fraud-case

Last updated 11:06 21/12/2011

A former Serious Fraud Office lawyer charged with forgery is challenging the police search of computers seized from her home.

Anita Killeen, 35,
faces four charges, including one of forgery, one of damaging a computer system and two counts of using forged documents after she allegedly sent reporters an email supposedly written by SFO boss Adam Feeley.

Killeen's appearance in the Auckland District Court was excused today when police applied for extra time to file written statements in the case.

Paul Davison QC, for Killeen
, said there was an issue with investigations of computers seized from his client's home and that matter would be heard in the High Court in February.

Killeen was further remanded on bail to April 5.

Police allege Killeen forged emails from SFO chief executive Adam Feeley and sent them to the media.

At the time Feeley was under fire from the media for sending an email to staff celebrating prosecutions against Bridgecorp and inviting them to drink a $70 bottle of champagne that had been "left behind" in Bridgecorp's offices.

The State Services Commission called Feeley's actions "ill-advised" but accepted he had not acted with "dishonest intent".

The charges laid against Killeen show she is accused of supplying the National Business Review and the New Zealand Herald with another email, which appeared to also be written by Feeley.

Police allege Killeen accessed SFO computer systems and forged the email, before sending it to the media.

The New Zealand Herald reported that the contents of the alleged forgery would have damaged Feeley's reputation further, but as he denied ever writing it an investigation was begun into its origins.

Killeen was made redundant last year after restructuring at the SFO.


- Auckland Now

0

#4 User is offline   hukildaspida 

  • Advanced Member
  • PipPipPip
  • Group: Member
  • Posts: 3353
  • Joined: 24-August 07

Posted 05 June 2012 - 09:30 PM

http://www.nzherald....jectid=10810762

Search of ex-SFO lawyer's computers fails to find fake email
By Jared Savage
5:30 AM Tuesday Jun 5, 2012


Two forensic searches of computer devices belonging to a former Serious Fraud Office lawyer charged with forgery have failed to find an allegedly fake email sent to media.

Auckland barrister Anita Killeen faces charges of forgery, accessing a computer system and two counts of using forged documents after she allegedly sent to media an email purportedly written by SFO chief executive Adam Feeley.

The police seized electronic devices, including laptops, a cellphone and an iPad, from her home to search for traces of the forged document.

Defence lawyer Paul Davison, QC,
challenged the validity of the search on the grounds the computers held legally privileged material belonging to Killeen and her husband, also a lawyer.

But an agreement was reached under which the police could search the devices for particular phrases or words that appeared in the fake email.

The High Court
granted the Herald access to the court file in which a joint memorandum from Mr Davison and Crown lawyer Mark Lillico said searching Killeen's cloned computers, cellphone data and iPad had "again failed to locate the documents provided".

The file said the police would now search the devices using software that was able to recover documents from web-based email systems, something that has not been tried yet.

The police allege Killeen forged emails to make it look as if Mr Feeley wrote them and sent them to reporters.

The fake emails were sent soon after the Weekend Herald revealed how Mr Feeley celebrated the laying of criminal charges against Rod Petricevic by drinking champagne belonging to Bridgecorp directors with his staff.

The story was based on a genuine email written by Mr Feeley saying it had been "a fantastic week" because of the prosecutions against Bridgecorp and other high-profile investigations such as one into Five Star Finance.

"In light of the Bridgecorp charges being laid, there is a bottle of Gosset champagne [which] needs to leave the confines of my fridge at home and be drunk by those involved with the case," said Mr Feeley. "The relevance of which is that it previously resided in Rod Petricevic's office."

The SFO boss was reprimanded by the State Services Commission and Police Minister Judith Collins, but escaped serious censure.

Soon after, forged emails in the name of Mr Feeley were sent to the Herald and the National Business Review.

Killeen was made redundant from the SFO in 2010, soon after Mr Feeley took over as director, and was working as a barrister when the charges were laid in November.
By Jared Savage | Email Jared

Anita Killeen in a file photo taken in 2009 at the SPCA with her new dog. Photo / Supplied Ex-SFO lawyer excused from court
0

#5 User is offline   hukildaspida 

  • Advanced Member
  • PipPipPip
  • Group: Member
  • Posts: 3353
  • Joined: 24-August 07

Posted 11 December 2012 - 01:13 PM

We trust the manufacturers of this fertility drug Chlomiphene have included as a warning on the label, if they don't already, that these side-effects may occur in more than 1% of those using it.

It raises the question, how many were in the clinical trials that state that it is only 1% of users that are effected.

Time for more transparency for Pharmaceutical companies, if this is what the outcome of taking such a medication causes or contributes to.


http://www.stuff.co....ilty-to-forgery

Ex-SFO lawyer pleads guilty to forgery
JENNY KEOWN
Last updated 13:19 11/12/2012

A former Serious Fraud Office lawyer has pleaded guilty to forgery and been discharged without conviction on the grounds that her mental state was impaired at the time.

Anita Killeen pleaded guilty in Auckland District Court this morning to two counts of using forged documents after she sent an email to the press supposedly written by former SFO chief executive Adam Feeley.


Judge Mary-Beth Sharp said the former chief prosecutor of the SFO was suffering from severe side effects of the fertility drug chlomiphene at the time of her offending in November 2011, which caused moodiness, obsession with previous issues and emotional instability.

"I consider her level of culpability was as low as it could be and accepted she wouldn't have done what she did unless she was under the serious effects of the drug. Tragically she was in the one per cent of women who suffer serious side effects from the drug."

Killeen lost her position at the SFO after Feeley restructured the organisation, and she raised a personal grievance against the organisation for factors including alleged misleading statements.

In November 2011 she was advised to take a double dose of the fertility drug, and shortly after sent an email seemingly authored by Feeley to the National Business Review and the NZ Herald. The email discussed how the restructuring was predetermined.

Sharp said Killeen's health deteriorated after her arrest and she suffered serious cognitive difficulties where she was shocked as to how she was implicated in the alleged forgery.

"I believe it has taken all this time since her arrest to accept her offending," the judge said.

Sharp rejected the Crown's application for reparation of $10,000 because Killen had suffered enough due to the alleged breach of her settlement agreement with the SFO not being concluded.

Killeen was an exceptional person who had contributed greatly to the legal fraternity and wider community, said Sharp. "I don't like to think of the stress she has been under in this case."


- © Fairfax NZ News
0

#6 User is offline   not their victim 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 10829
  • Joined: 04-August 08

Posted 01 February 2013 - 09:13 AM


Ex-SFO lawyer's fall from grace
By Anne Gibson Anne Gibson5:30 AM Saturday Dec 15, 2012
  • [url="""]Email[/url]
  • Print
One of the brightest stars of New Zealand's legal profession has pleaded guilty to forging an email which could have undermined her boss at the Serious Fraud Office. Anne Gibson charts the remarkable rise and fall of Anita Killeen

Posted ImageAnita Killeen (in sunglasses) leaving Auckland District Court with supporters this morning after being discharged without conviction. Photo / Sarah IveyWhen Anita Killeen went to Wellington a few weeks ago to get a medal, her lawyer had to ask for her bail conditions to be changed first.

The former high-flying barrister was one of a select few to be honoured with a Queen's Diamond Jubilee SPCA Volunteer Medal at the Government House ceremony, in recognition of her outstanding contribution to animal cruelty prevention.

Yet for more than a year she had been facing serious dishonesty charges over an altered email which implied her Serious Fraud Office boss Adam Feeley was unfairly managing her and other staff out of their jobs.

On Tuesday, via her QC Paul Davison, Killeen pleaded guilty in the Auckland District Court to forgery. However, Judge Mary Beth Sharp discharged her without conviction, describing her as an exceptional person in an exceptional case. The judge accepted Davison's submissions that Killeen had suffered a rare psychological reaction to a powerful fertility drug she was taking, which can affect 1 per cent of women with symptoms including irrationality, forgetfulness and obsessive behaviour.

The result outraged many Herald readers who emailed to express their view that this showed there was one law for ordinary people and another for the legal fraternity.

"They must be kidding," wrote R. M. Jefferis. "Good luck with that result for the TAB worker (or) beneficiary who falsifies a cheque."

Other readers expressed amazement that Killeen was allowed to sit by her lawyer throughout the sentencing - a decision which has sparked a complaint to the Law Society.

"This is most unfortunate as it creates the distinct impression she received special treatment simply because she is a lawyer," wrote Mark Copland.

The biggest negative reaction was reserved for the judge's acceptance that Killeen's actions could be explained as a reaction to a double dose of the fertility drug, especially as the manufacturer's information states that the dose can be tripled if necessary. Judge Sharp based her decision on evidence from Professor Ian Holdaway, head of endocrinology at Auckland Hospital, but many readers were not convinced.

"That is right up there with 'I am having my period'," wrote Luke Howard.

Killeen's plight has also caused shock and division among Auckland's tight legal fraternity, watching the terrible fall of the young alumna of the Harvard Business School, the London School of Economics and the Institute for Strategic Leadership (NZ).

"It's a bloody shame," says Charles Cadwallader, former SPCA national chief inspector and a former detective with 25 years experience.

Cadwallader would like to see Killeen back at the SPCA, where she served as a board member and formed a panel of top lawyers to prosecute animal cruelty cases at no charge.

"Anita has suffered quite enough harm and punishment. She must now be allowed the opportunity to get on with her life and career."


Anita Maria Killeen didn't come from privilege, legal circles or even academia. She was born, raised and educated in South Auckland, the daughter of a war veteran who was an accounts administrator and a nurse, yet she told the University of Auckland's Ingenio magazine she had always aimed high.


"When I went to law school, I definitely wanted to be a prosecutor. For most things I do, the motivations are to protect the vulnerable and to protect and serve my community."

After graduating in law in 1998, having pocketed the senior scholar prize for her year, she joined lawyers Phillips Fox as a commercial litigator, later working as an appeal court judges' clerk in the High Court at Auckland.

In 2003, around the time the finance boom was kicking off, she shifted to the Serious Fraud Office and did so well that by 2007, she was appointed its chief prosecutor - a role which raised some eyebrows because she was not an establishment figure.

Caroline Courtney of the Australian Women's Weekly expected a grey-haired dowager, but instead reported on a disarming woman "swinging a curtain of long dark hair, pencil-slim legs balanced on a pair of exquisite high-heeled designer sling-backs, bare legs in the middle of winter".

Killeen told the Weekly of her antique teddy bear collection and her love of animals but she also packed a punch: on the office wall, she displayed what she referred to as a rogues' gallery of people she had prosecuted and wins she was extremely proud of. It included Donna Awatere Huata, jailed for stealing from a trust for under-privileged children and Napier finance company owner Warren Pickett, locked up for defrauding locals of $20 million.

She soon became known as a passionate advocate for animals. It was on an annual Christmas visit, with husband Simon Vannini, to the SPCA's Auckland Animal Village, that Killeen began to wonder how she could help, so she picked up the phone to introduce herself to the organisation.

To her surprise, she discovered that in 2009, the SPCA financed all its animal cruelty prosecutions out of donations, so she had a brainwave to pull together the country's pre-eminent prosecutors, including Queen's Counsels, to bring animal offenders to justice.

Auckland SPCA executive director Bob Kerridge said that had been a huge success.

"We have about a dozen prosecutions a year roughly and half would be defended hearings requiring (legal) expertise. I guess if I were to add it up in terms of how much we would have had to pay, you'd probably be looking at a good $10,000 a year."

IN 2010 Anita Killeen's brilliant SFO career came to an abrupt end when the tough-talking Feeley took over and a round of redundancies swept the office. Killeen was one of his casualties. She moved on, joining the late John Haigh QC at City Chambers in Shortland St, specialising in crime and fraud, including civil and criminal litigation.

But on November 25, she was revealed to be facing three charges - later reduced to two - relating to computer equipment and forged documents sent to the media in an apparent smear campaign against SFO chief executive Adam Feeley.

Feeley was already facing negative publicity over the way he had celebrated the laying of criminal charges against Bridgecorp's now-jailed Rod Petricevic by drinking champagne belonging to Bridgecorp directors with his staff. The story was based on an email written by him and sent to staff saying it had been "a fantastic week" because of the prosecutions against Bridgecorp and other high-profile investigations, including one of Five Star Finance.

Feeley defended sending the email, saying: "I would struggle to think that any reasonable person would consider a $70 bottle of wine an outlandish recognition."

The State Services Commission reprimanded him, but he escaped serious censure for the actions.

Soon afterwards, the Herald and the National Business Review received a copy of another email allegedly written by Feeley. It suggested he wanted to convene a meeting to toast an inevitable implementation of his draft organisation review.

The implications were that the restructuring had been predetermined and was therefore unfair and prejudicial to the staff made redundant.

Feeley launched an investigation to find out how the email had been sent to the media.

In sentencing Killeen this week, Judge Sharp said an expert engaged by PwC said the forged email was likely to be a composite of emails. She said Killeen had forwarded a work email to her Hotmail account on May 28, 2010.

The judge said it certainly appeared that Killeen had sent the altered email to the media, although she noted that no actual evidence was found.

Feeley, now chief executive of the Queenstown Lakes District Council, was scathing in his criticism of both Killeen and the sentence, telling the Herald this week that "we have a legal system but not a justice system".

He said he was not impressed by the outcome but had long since moved on.

"The sun is shining in Queenstown and the unpleasantness that is Anita Killeen and her colleagues is well in the past for me."

Killeen initially offered to pay $10,000 as a contribution to the $50,000 computer search but on Tuesday withdrew that offer, saying via Davison she had been denied the ability to earn a income due to the charges.

Like many in the legal profession, Killeen has maintained close links with the media. A few weeks ago, the Herald was invited to her house to receive a bundle of documents on her background, her CV, articles written about her and a stack of testimonials from fellow lawyers, including former SFO prosecution colleague David Jones QC, Simpson Grierson head of employment law Philippa Muir - who acted for Killeen in her dispute with Feeley - and the late Greg King.

The testimonials painted a picture of a brilliant and driven young woman who consistently upheld the highest ethical principles. All expressed amazement that she was being charged with serious criminal offences and some argued she had already faced unfair publicity over the charges and would be further unfairly disadvantaged by any conviction.

Killeen said she wanted to tell her side of the story, which she felt had not emerged. She was also eager to get back into the profession as a barrister and had hopes of becoming a judge.

That could be an uphill battle, as she faces further scrutiny from the Law Society. A spokesman said the organisation did not always work on the same basis as the courts.

"The matter could be sent to a Lawyers' Standards Committee which would look at what the lawyer was charged with and the outcome. The committee would look at what is acceptable behaviour for lawyers and this might be different from what the court has considered."


Anita Killeen


The highs
• Youngest chief prosecutor for the Serious Fraud Office
• First woman to head SFO's litigation team
• Won a string of high-profile cases, including one against former MP Donna Awatere Huata
• Founded a panel of lawyers to prosecute SPCA animal cruelty cases at no charge
• Patron of Auckland Theatre Company, with her husband Simon Vannini


The lows
• Lost her SFO job through an organisational review
• Took strong fertility drugs to get pregnant, which may have affected her judgment
• Admitted forging emails which implied her boss Adam Feeley had a predetermined view of the staff shake-up
• Discharged without conviction
• Complaint made to the Law Society alleging she received special treatment in court because she was a lawyer


http://www.nzherald....jectid=10854173





0

#7 User is offline   not their victim 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 10829
  • Joined: 04-August 08

Posted 01 February 2013 - 09:14 AM


Law Society fast tracks complaints
By Kurt Bayer KurtBayerAPNZ5:30 AM Friday Feb 1, 2013
  • [url="""]Email[/url]
  • Print
Posted ImageEXPANDChristine Grice. Photo / Mark MitchellA streamlined lawyer complaints process launched today will handle more than half of all client clashes and is expected to bring them to an end four times faster than the old system.

More than four grievance claims are laid against lawyers every day, and until now the New Zealand Law Society's disputes management service has taken around four months to handle each case.

But now, a less formal, more hands-on Early Resolution Service (ERS) has been introduced to handle around 60 per cent of complaints.

"The longer a conflict goes on, the worse it becomes, whatever the subject matter," says Law Society executive director Christine Grice. "This is about getting on the phone, actually talking to people to find out what the real issues are, and meeting their needs, rather than just saying, 'This is what the process is and that's it'."

In the past, all complaints, even minor dust-ups over a "rude or abrupt" solicitor, would have been delayed by detailed investigations.

"They can often be dealt with by remedies that wouldn't be available through the formal process - by way of apology, assurances the service will be better next time around, etc," Ms Grice said.

The Lawyers Complaints Service operated by the Law Society has been trialling the ERS since November 2011 around the country and it has received "very positive" feedback.

During the 2011/12 year, the Law Society received 1625 complaints. It took 124 days on average to resolve each dispute, while under the ERS pilot they took just 30 days.

- APNZ

By Kurt Bayer KurtBayerAPNZ EmailKurt
Related TagsBe part of the news. Send pics, video and tips to nzherald.Send

http://www.nzherald.co.nz/themes/0/modules/yellow/images/yellow50x50.gifFind a business in your areahttp://content.aimatch.com/apnnz/Adcorp_-_Auckland/CB16209-Adcorp-Auckland-Transport-now-hiring50x50pro.gif?Now
Hiring


Start a new journey with Auckland Transport -
We offer a wide range of career opportunities for dedicated people determined to give Aucklanders real transport options
Apply Now
http://www.nzherald....jectid=10862730
0

Share this topic:


Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users