September 16, 2011

Jail term for American 'fugitive'

By Anne Clarkson at the Rangiora Court House

An 18-month prison sentence was imposed on a 51-year-old man who duped both New Zealand and American immigration and entered New Zealand using a passport in the name of his dead step-brother.

Judge Brian Callaghan said Shawn Del Pitts? fraud was extraordinary, and he could not conceive of a situation where home detention would be more inappropriate.

Mary Whelan, on behalf of the Department of Labour, said New Zealand had harboured a fugitive for seven years, as Pitts had outstanding benefit fraud charges worth more than US$7000 pending in America. Pitts denies these charges.

She said her department was waiting on the outcome of the sentencing today before making a decision on whether he would be extradited.

Defence counsel Simon Clay said the offending had snowballed out of control after it began with an untruth.

Pitts had a partner, was a very low risk re-offender, and was well regarded by the community. He was remorseful and keen to amends to the New Zealand taxpayer, he said.

Judge Callaghan said Pitts was being sentenced on seven charges under the Immigration Act.

?The issue of the integrity of any country?s immigration system is a vital part of its integrity as a state, in deciding who may live within its borders. Any country requires utmost honesty from people who want to live in its borders,? he said.

Pitts had duped two countries ? his homeland and his adopted land ? when he entered New Zealand with a false passport and then used it to get work permits and residence here.

He also had an outstanding warrant from Hawaii for using the false passport.

Immigration New Zealand said it would be reviewing Pitts? immigration status now that he had been convicted and sentenced.

Fraud and compliance manager Peter Elms said Pitts? offending came to the department?s attention through inquiries made with United States law enforcement agencies after questions were raised about his background.

?His passport was genuine, but had been obtained by fraud so it wasn?t recorded as having been lost or stolen or being fraudulent.?

??This case reinforces that we will not tolerate offending designed to subvert our border security and will actively pursue those who seek to do so, regardless of the length of time since the offending.??

Elms said the department was continuing to strengthen its work with international partners, including through the development of a biometric programme, to enable greater detection of people attempting identity fraud.