Warbird Information Exchange

http://thevintageaviator.co.nz/

A sad commentary if true...

C2j

There had been whispers for a while, but it hit mainstream New Zealand news yesterday.

_________________
Zac in NZ
#avgeek, modelbuilder, photographer, writer. Callsign: "HANDBAG".
https://linktr.ee/zacyates

"It's his plane, he spent the money to restore it, he can do with it what he wants. I will never understand what's hard to comprehend about this." - kalamazookid, 20/08/2013
"The more time you spend around warbirds the sooner you learn nothing, is simple." - JohnB, 24/02/22

The caption of one of the photos mentioned name suppression appeals ending, and the Serious Fraud Office issued a media release.

https://www.sfo.govt.nz/charges-laid-in ... fraud-case

Charges laid in The Vintage Aviator fraud case
Published 06 May 2019

A Wellington man has been charged by the Serious Fraud Office in relation to funds paid for the purchase of reproduction aircraft and the unauthorised use of an aircraft as security to obtain a loan.

Eugene John DeMarco (57) first appeared before the Wellington District Court in May 2018, where he pleaded not guilty to the fraud charges and was remanded on bail.

Mr DeMarco faces charges of ‘Theft by person in a special relationship’ or ‘Obtaining by Deception’, as alternative charges, in relation to the sale of three reproduction vintage aircraft to the New Zealand Warbirds Association Inc. He arranged the sales in his capacity as production manager for The Vintage Aviator Limited.

The SFO has also charged Mr DeMarco with ‘Theft by person in a special relationship’ and ‘Obtaining by Deception’ in relation to the unauthorised use of another vintage aircraft as security to obtain a loan.

Mr DeMarco, who is a citizen of the United States, is scheduled to stand trial in the Wellington High Court on 26 August.

ENDS

Issued by
Henry Acland
Serious Fraud Office
027 705 4550

Note to editors
BACKGROUND TO INVESTIGATION
Eugene John DeMarco (57) is a United States citizen and New Zealand resident.

The Vintage Aviator Limited is a Wellington-based company that manufactures reproductions of First World War-era aircraft. Sir Peter Jackson owns the company.

CRIMES ACT OFFENCES
Section 220 Theft by person in special relationship

(1) This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—

(a) to account to any other person for the property, or for any proceeds arising from the property; or

(b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

(2) Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.

(3) This section applies whether or not the person was required to deliver over the identical property received or in the person’s possession or control.

(4) For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.



Section 240 Obtaining by deception or causing loss by deception

(1) Every one is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,—
(a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly; or

(b) in incurring any debt or liability, obtains credit; or

(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or

(d) causes loss to any other person.

(1A) Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document or thing capable of being used to derive a pecuniary advantage knowing that, by deception and without claim of right, the document or thing was, or was caused to be, delivered, executed, made, accepted, endorsed, or altered.

(2) In this section, deception means—

(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and—

(i) knows that it is false in a material particular; or

(ii) is reckless as to whether it is false in a material particular; or

(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or

(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

ABOUT THE SFO
The Serious Fraud Office (SFO) was established in 1990 under the Serious Fraud Office Act.

The SFO is the lead law enforcement agency for investigating and prosecuting serious or complex financial crime, including bribery and corruption.

What ever happened with the charges over the stolen Cub?

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Had God intended for man to fly behind inline engines, Pratt & Whitney would have made them.

CB

http://www.angelfire.com/dc/jinxx1/Desrt_Wings.html

So he's alleged to have sold three aircraft that weren't his & used another as security to obtain a loan?

_________________
Those who possess real knowledge are rare.

Those who can set that knowledge into motion in the physical world are rarer still.

The few who possess real knowledge and can set it into motion of their own hands are the rarest of all.

If true it's just staggeringly stupid...this guy has/had a job most of us only dream about, in one of the most beautiful places in the world. Heck, I'd take his job for $1/yr. And yet he (allegedly) threw it all away .

DeMarco left Old Rhinebeck a convicted felon many years ago. None of this is the slightest surprise to anybody familiar with the vintage-aircraft world.

Sorry to drag this up but what was the final outcome of this case?

Found guilty, yet to be sentenced.

_________________
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https://www.classicwings.com/

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Ok, thanks Dave

To be followed by civil cases sorting out the ownership of the Corsair and P-40.

Thanks Errol.

https://www.stuff.co.nz/national/crime/ ... -and-theft

A former employee of filmmakers Peter Jackson and Fran Walsh has been sentenced to two years and five months' jail on charges including frauds against their Vintage Aviator company.

US-born Eugene (Gene) DeMarco, 57, was sentenced at the High Court in Wellington on Thursday, where the judge said DeMarco's betrayal was described as the greatest Jackson had experienced.
...
Afterwards DeMarco sent a mass email seeking references, saying he was facing four years in jail for something he had not done. Justice Karen Clark said she assessed DeMarco's public expressions of remorse against those private denials.
...
At sentencing prosecutor Sally Carter said DeMarco had made an offers about 10 days ago to settle civil claims involving the company and his former friend for significantly less than the total claim. DeMarco would have got the benefit of the settlement so his motives might not be entirely pure, she said. Neither offer was accepted.

But DeMarco's lawyer, Marc Corlett, QC, said DeMarco had exhausted all his resources and made the best offer he could by refinancing the home of his elderly mother. He had brought it all on himself but it had a catastrophic effect on DeMarco who had a partner, young child and the couple were expecting another baby.
...
As well as the criminal charges against DeMarco, he also faces civil action from The Vintage Aviator. The former friend who paid DeMarco US$500,000 for a plane has also taken action to have the deal officially recorded.

Thanks for the update ErrolC, I was wondering the other day if the sentencing had happened yet.