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Post by Dave Homewood on Sept 13, 2019 12:09:15 GMT 12
Gene DeMarco has been found guilty in the TVAL fraud trial. I will leave this here without comment simply to inform, and I hope that only sensible comments will be posted otherwise anything to inflammatory will be removed. Peter Jackson's former vintage plane manager found guilty of $2m fraud and theft11:35, Sep 13 2019 The former production manager and pilot for Sir Peter Jackson's Vintage Aviator company has been found guilty of all six charges he faced. The verdicts against Eugene (Gene) DeMarco, 57, came at the end of a three week trial at the High Court in Wellington. Justice Karen Clark remanded DeMarco for sentencing on October 31. It was alleged DeMarco had diverted more than $2 million paid for his employer's aircraft by an Auckland-based aviation charity, New Zealand Warbirds Association. Warbirds received one plane, and eventually the balance of the money it had paid, but Jackson's company was out of pocket $645,000.The charges related to taking control of more than $2m by deception, failing to deal with the money as required, releasing the plane to Warbirds without authority, receiving $200,000 from Warbirds' president Frank Parker and not dealing with it in the way required, obtaining a $250,000 loan from BNZ by deception, and having control of a WWII aircraft he failed to deal with it as required by the person who says he bought it off DeMarco. During the trial the jury heard DeMarco had been earning $179,000 a year in his last year, 2017, with the company of filmmakers Sir Peter Jackson and Dame Fran Walsh. The company had specialised in reproducing WWI aircraft and DeMarco was production manager and pilot. But he had borrowed just over $600,000 from his employers in 2011 and with interest, and without payments, the debt had grown to more than $1 million by 2016. He said the company owed him at least $300,000 for aircraft parts he supplied, unpaid commission, and unpaid test flight allowances. As well as the criminal charges against DeMarco, he faces civil action from The Vintage Aviator, and a former friend who paid DeMarco US$500,000 for a plane and wants the deal officially recorded. Stuff www.stuff.co.nz/national/crime/115771611/peter-jacksons-former-vintage-plane-manager-found-guilty-of-2m-fraud-and-theft |
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Post by baz62 on Sept 13, 2019 12:25:53 GMT 12
Well hopefully some lessons are learned here regarding financial transactions especially with expensive items like aeroplanes. A certain amount of trust has been taken advantage of here but unfortunately for Mr DeMarco auditing has caught him out. People like him always think they are smarter than anyone else and wont get caught. My concern is the Corsair and P40 and hope they don't become embroiled in drawn out legal process. And it seems TVAL's reputation hasnt been damaged by this and we can contunue to see beautiful aeroplanes built and displayed by them in the future.
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Post by joey05 on Sept 13, 2019 12:27:19 GMT 12
I wonder if this will clear the way to have P40E NZ3009/ZK-RMH and FG1D NZ5648/ZK-COR return to the air, or is that part of the civil suit perhaps. Really miss these 2 aircraft in our skys. I fear they may need some work after such inactivity....
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Post by Dave Homewood on Sept 13, 2019 12:50:36 GMT 12
We shall just have to wait and see what is decided on the WWII fighters. And if they return to NZ skies, who will be selected to fly the Corsair.
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Post by shorty on Sept 13, 2019 13:47:48 GMT 12
Some one more clued up than me in NZ historic/heritage legislation may know, do the P-40 and F4U come into the categories of items that can not be exported due to their age etc?
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Post by baz62 on Sept 13, 2019 14:38:49 GMT 12
Some one more clued up than me in NZ historic/heritage legislation may know, do the P-40 and F4U come into the categories of items that can not be exported due to their age etc? Not sure about the P40 since there are other RNZAF survivors here but I think the Corsair being the only RNZAF Corsair in New Zealand can't be exported. |
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Post by planecrazy on Sept 13, 2019 15:13:14 GMT 12
Would be great if they fly again and get painted as the RNZAF machines that they are!
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Post by apteryx on Sept 14, 2019 15:56:51 GMT 12
Some one more clued up than me in NZ historic/heritage legislation may know, do the P-40 and F4U come into the categories of items that can not be exported due to their age etc? A plain language guide to the rules is here. An aircraft is a protected object if it is at least 50 years old and is "not represented by at least 2 comparable examples permanently held in New Zealand public collections". Export of protected objects isn't banned outright, but can be done only with permission (which is granted on a case by case basis). |
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Post by rayo on Sept 14, 2019 16:21:37 GMT 12
So the P-40 would be the only complete (i.e. comparable) ex RNZAF example in a NZ Public Collection!
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Post by delticman on Sept 14, 2019 19:27:52 GMT 12
So the P-40 would be the only complete (i.e. comparable) ex RNZAF example in a NZ Public Collection! Note who the owner is. RMH Curtiss P-40E 41-25158 3946 Aeroplane Air No. 0 O C H W Wulff Avantgarde Capital Office 41, Building 4 Gate Village DIFC Dubai 113355 UNITED ARAB EMIRATES 110010000 |
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Post by aeromuzz on Sept 16, 2019 9:16:52 GMT 12
So the P-40 would be the only complete (i.e. comparable) ex RNZAF example in a NZ Public Collection! Note who the owner is. RMH Curtiss P-40E 41-25158 3946 Aeroplane Air No. 0 O C H W Wulff Avantgarde Capital Office 41, Building 4 Gate Village DIFC Dubai 113355 UNITED ARAB EMIRATES 110010000 A couple of things, from what I understand, the CAA recorded owner doesn't necessarily mean they are the actual owner. Also, the P40 was all part of the dodgy dealings and Mr DeMarco still claims ownership of it so who knows who legally owns it. That is still to be worked out. Apparently, Oliver Wulff is not a pilot and is just interested in owning a P40 so there is no reason why he shouldn't leave it in NZ if he does obtain full, undisputed ownership of it. |
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seagull
Leading Aircraftman
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Post by seagull on Sept 16, 2019 11:16:32 GMT 12
I wonder if this will clear the way to have P40E NZ3009/ZK-RMH and FG1D NZ5648/ZK-COR return to the air, or is that part of the civil suit perhaps. Really miss these 2 aircraft in our skys. I fear they may need some work after such inactivity.... I have very little Current knowledge re these WW2 planes but it would be certainly great to see Josephine in the sky again over Tauranga in January with Keith Skilling at the controls. |
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Post by rayo on Sept 16, 2019 16:45:17 GMT 12
I believe it has been reported on this forum that Keith Skilling has retired from Display Flying  |
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Post by ErrolC on Nov 1, 2019 8:12:15 GMT 12
Gene DeMarco has been found guilty in the TVAL fraud trial. I will leave this here without comment simply to inform, and I hope that only sensible comments will be posted otherwise anything to inflammatory will be removed. Peter Jackson's former vintage plane manager found guilty of $2m fraud and theft11:35, Sep 13 2019 The former production manager and pilot for Sir Peter Jackson's Vintage Aviator company has been found guilty of all six charges he faced. The verdicts against Eugene (Gene) DeMarco, 57, came at the end of a three week trial at the High Court in Wellington. Justice Karen Clark remanded DeMarco for sentencing on October 31.... www.stuff.co.nz/national/crime/115771611/peter-jacksons-former-vintage-plane-manager-found-guilty-of-2m-fraud-and-theftSentencing doesn't appear to have happened. Nothing on the Wellington High Court List this week, or the Serious Fraud Office page. |
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jamo
Warrant Officer
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Post by jamo on Nov 3, 2019 20:19:36 GMT 12
I have heard that sentencing is deferred until 5th Dec
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Post by emron on Nov 9, 2019 12:33:01 GMT 12
I notice that the Annual Return for The Old Stick and Rudder Company Ltd was filed with the Companies Office in October. That might make interesting reading. Also if my interpretation of the Companies Act is correct, then even before sentencing Mr Demarco faced at least one penalty. Upon conviction of such a crime you are automatically disqualified from being a Director and prohibited from managing a company unless obtaining leave of the court. Things may already be more awkward for the sole Director and shareholder.
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Post by emron on Nov 10, 2019 16:34:44 GMT 12
Some one more clued up than me in NZ historic/heritage legislation may know, do the P-40 and F4U come into the categories of items that can not be exported due to their age etc? A plain language guide to the rules is here. An aircraft is a protected object if it is at least 50 years old and is "not represented by at least 2 comparable examples permanently held in New Zealand public collections". Export of protected objects isn't banned outright, but can be done only with permission (which is granted on a case by case basis). They surely must both qualify as protected objects and would require an export application to be made, but with two examples already in national collections the P-40 would likely be approved. The Corsair could be a different case, but unless it’s on the nationally significant objects register or had a previous export application declined, then the Act provides little further protection. After all they have both been exported before (although prior to the current legislation) and several others of each type have left our shores in recent times. It’s not too soon to launch a campaign to halt the export of the Corsair and keep enjoying the rarity. The C.H.E.C.K.E.R. committee. |
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Post by keroburner on Nov 10, 2019 17:41:25 GMT 12
Correct me if I'm wrong but...
Pretty sure the last 2 ex RNZAF Corsair projects left the country without any Fanfare.....
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Post by Dave Homewood on Nov 10, 2019 21:05:30 GMT 12
Correct, under the radar, exported as 'parts' rather than as aircraft.
Neither of the two P-40's in national collections are remotely as significant to New Zealand history as NZ3009. They are both foreign aircraft imported well after the end of WWII, and given assumed identities. NZ3009 was in the first batch of P-40's to arrive in New Zealand, and was one of the first batch of P-40's to fly with No. 488 Squadron, and then No. 14 Squadron at Masterton. It then moved to Seagrove with No. 15 Squadron, and possibly No. 17 Squadron, before a mishap saw it sitting derelict on the airfield for some time, before it was repaired. It transferred to Ohakea and flew there with No. 2 OTU. And then retired to Rukuhia before being rescued by the AHSNZ who placed it at MOTAT. Later it became the first ex-RNZAF P-40 restored to fly in the warbird era, and was a star of the Old Flying Machine Company that flew it around the world, and its kiwi owner Ray Hanna considered it his favourite aircraft. There are plenty of reasons to make sure that particular aircraft is retained here. It's the oldest existing P-40 in NZ and the oldest surviving RNZAF example. It does not have its original wings but it does have original wartime wings (i.e. not new-builds like most restored P-40's) and the fuselage is also original.
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Post by baz62 on Nov 11, 2019 8:52:38 GMT 12
Where did MOTATs P40 come from as I thought it was exRNZAF?
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