Seized properties worth $4.1 million released to owners five years after fisheries raid
Tuesday, 12 November 2019
The owners of Hawke's Bay Seafoods, sentenced this year for fisheries offences, have had $4.1 million in properties and $26,000 cash returned to them, five years after they were seized under the Proceeds of Crime Act.
In February, Antonino (Nino), Giancarlo (Joe) and Marcus D'Espositio were sentenced in the High Court after pleading guilty to 85 fisheries charges. Also sentenced were their companies Esplanade No.3 Ltd, Ocean Enterprises Ltd and Hawke's Bay Seafoods.
The charges related to landings of fish to New Zealand and their export to Australia between November 2012 and July 2014 where the amounts of bluenose were under-reported before export.
The men and the companies were fined a total of $1,086,673 by Judge Bill Hastings in the High Court in Wellington on February 25.
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It was the culmination of a Ministry of Primary Industries prosecution that began with a raid of properties and homes in September 24, 2014.
Since that time the Police Commissioner has had restraining orders on four properties owned by the men and their associates.
The Commissioner and the parties have now reached an agreement, the subject of a High Court order made this month, that would release the properties and $26,000 in cash
The properties released include two in Havelock North, with council valuations of $1.4 million and $1.2m, a Napier apartment valued at $485,000, and a property at Waimarama valued at $1.1m.
The agreement will see these removed from the restraint order on the basis that the parties pay $318,940, which represents the commercial value of the Bluenose that had been misreported and the pāua received unlawfully in a separate operation.
The parties were also required to pay $15,000 in costs.
The sums had to be paid to the Official Assignees trust account by 5pm on November 8.
In making the order Justice Jan-Marie Doogue said there was 'little doubt that some of the assets were tainted as a result of criminal offending and the respondents and interested parties do not take issue with that'.
'There is also no doubt that significant proceeds out to have been recompensed to the State'.
On October 31, the D'Esposito's paid the fines ordered against them in February (Marcus was fined $126,639, Giancarlo was fined $106,686 and Antonino was fined $86,309).
Still outstanding was the $410,232 fine imposed on Hawke's Bay Seafoods, the $215,373 imposed on Ocean Enterprises and the $141,434 imposed on Esplanade No.3 Ltd
The Hawke's Bay Seafoods operation was purchased in April by Kahungunu Asset Holding Company Ltd., which manages assets on behalf of Ngāti Kahungunu Iwi Incorporated, and is now operating as Takitimu Seafoods.