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2005 media releases

GST fraud gets jail sentence for Auckland property developer
13 December 2005

Auckland property developer Gavin Richard Harris, 47, was today sentenced to two and a half years' in prison in the Auckland District Court, after pleading guilty to a representative charge of using documents with intent to obtain a pecuniary advantage or benefit. 

Nine charges were originally laid in April 2004 by Inland Revenue under section 229A(b) of the Crimes Act 1961 after an extensive tax investigation of Mr Harris' purported property development business. That investigation showed that Mr Harris had defrauded Inland Revenue of GST of $455,310.79 over two and a half years by filing GST return forms based on a series of fictitious transactions which had no substance and were executed solely for the purpose of obtaining GST refunds. 

Mr Harris was adjudicated bankrupt on 14 May 2003 on petition of third-party creditors during the Inland Revenue investigation and has also been prohibited from being a Company Director, pursuant to section 385 of the Companies Act 1993, until 9 February 2009. 

Mr Harris defrauded Inland Revenue by fraudulently obtaining GST refunds using a relatively complex trail of fraudulent documents and purported transactions between associated companies. The original nine charges laid were later reduced to one representative charge.

"This was a case of deliberate fraud that clearly involved a high level of systematic deception, which was acknowledged by Harris's solicitor," says senior Inland Revenue spokesperson Loraine Elliott.

"Today's sentence gives a strong message to those who deliberately attempt to defraud the revenue and shows the consequences of being found out.  It also sends a message to people in the community that fraudsters will be caught and the Courts will deal severely with them.

"We are developing more sophisticated methods of detection - something to be remembered by those who might contemplate fraudulent activities in the future," says Mrs Elliott.

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Date published: 13 Dec 2005

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