David Johnstone has recently moved to the independent bar following a lengthy period as a partner in a top tier law firm, practising in regulatory and particularly criminal litigation.
A member of the Serious Fraud Office’s prosecutors panel, David has extensive experience in commercial and regulatory compliance, particularly in anti-money laundering enforcement, and prudential supervision.
Honk tax evasion
High Court prosecution of various ‘Honk group’ companies and directors based on deductions claimed for depreciation and interest, including consideration of ‘sham’ transactions.
Operation Ark litigation
Acted in substantial High Court jury trial, and in Supreme Court appeal, where proceedings relating to controlled drug analogues culminated in general restatement of mens rea (in Cameron v R  1 NZLR 161).
DIA v Ping An Finance
First New Zealand proceedings seeking pecuniary penalties for breaches of AML/CFT regime – penalties of $5.29 million awarded.
Jiaxin Finance, Fu and Che
First New Zealand prosecution of AML/CFT regime criminal offences.
Bublitz and others
Lengthy proceedings before High Court and Court of Appeal – prosecution for theft by person in special relationship arising from alleged breach of ‘related party’ prohibitions in finance company debenture trust deeds and post-GFC Crown Retail Deposit Guarantee.
LINZ v Carbon Conscious
High Court proceedings considering approach to setting pecuniary penalties under Overseas Investment Act 2005.
The Reckless Launderer: an arrested development  NZLJ 305
The Reckless Launderer  NZLJ 201