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Investigation Continues: Allegations of False Documents Used in Withdrawal of Krung Thai Loan Money by Energy Earth Public Company Limited

Disclosure of progress NACC is investigating the case Energy Earth Public Company Limited used false documents to withdraw Krung Thai Loan money to pay for coal imported from Indonesia. Reporting an allegation More than 30 people were involved after it was discovered that a number of former bank directors and officers were involved. But at the moment there hasn’t been much progress.

Sources from the Office of the National Anti-Corruption Commission (NACC) disclosed to Issara News Agency. ( www.isranews.org ) on the progress of the investigation.Case of Energy Earth Public Company Limited using false documents to withdraw loan money from Krung Thai Bank. To pay for goods (coal) imported from Indonesia. The Department of Investigation (DSI) sent the documents from 2017-2019 that the committee was investigating into this case. During the period when Mr. Natthachak Patmasingh, NACC committee member, was chairman and Ms Supa Piyajitti, NACC committee member, was a member of the committee. Allegations have been reported to former executives. Almost 20 former directors and officers of Krungthai Bank have been arrested. In addition, more than 10 executives and directors of Energy Earth have been charged on the basis of supporting the wrongdoing of officials, causing the accused people to this case have a Number of more than 30 cases

The source said Krung Thai Bank originally filed a complaint about this case with the Special Investigations Department. There is evidence that Only 2-3 former executives of Krungthai Bank were involved in giving loans, but when NACC investigated, they found that a large number of former bank directors and bank officers were involved in giving loans. Therefore, additional charges were reported, totaling more than 30 such cases.

The source, however, said that after Natchak Mr and Miss Supa His term as a member of the NACC has ended and at the moment, there has been no progress in this investigation.

News reports said that Related to the investigation into the case of Energy Earth Public Company Limited using false documents to withdraw credit from Krung Thai Bank. In order to pay for goods (coal) imported from Indonesia, DSI has decided to send the case file to the NACC for further investigation. Because it involves the wrongdoing of Krungthai Bank officials, there are 2 cases:

1. Special Case No. 228/2017, in the case of Energy Earth Public Company Limited requesting a line of credit for the payment of goods (Import Financing) from the bank by submitting false documents to support the withdrawal of the loan. causing damage to Krungthai Bank

DSI received this as a special case on December 8, 2017 and has started an investigation. and sent the investigation report to the Secretary General of the NACC to proceed in accordance with his authority and duties.

2. Special Case No. 59/2019, the case where executives of Energy Earth Public Company Limited and others planned and collaborated to defraud the company. It is a debt that is not true. and creating false documents

DSI received this as a special case on June 13, 2019 and has begun an investigation. and sent the investigation report to the Secretary General of the NACC to proceed in accordance with his authority and duties.

As for the third case, the case of Second Lieutenant Ratchet Maneesai, a representative of Krungthai Bank Public Company Limited, complained to the DSI to sue Energy Earth Public Company Limited and other relevant persons. Acting in contravention of the Securities and Exchange Act 1992, Sections 307, 308 and 312, the Foreign Exchange Control Act 1942, Section 8 bis and related laws. causing damage to Krungthai Bank The DSI took the matter to its own investigation.

For the Securities and Exchange Act 1992, Section 307 states that directors, managers or any person responsible for the operation of any legal person. according to this act is assigned to manage the assets of the said legal person or assets also owned by the said legal person. Breaching your duties in any way dishonestly to the point of causing damage to benefits in the form of property of that legal person will be punished with imprisonment of five to ten years. and a fine of five hundred thousand baht to one million baht

Section 308 specifies that a director, manager or any person responsible for the operation of any legal person according to this act Possession of property belonging to the said legal person or which such legal person is the owner also Fraudulent misappropriation of property belonging to yourself or a third party Must be punished with imprisonment of five to ten years. and a fine of five hundred thousand baht to one million baht

Section 312 specifies that a director, manager or any person responsible for the operation of any legal person according to this act Do or consent to do the following:

(1) Damage, destruction, alteration, abridgement, or falsification of documents. or collateral of such legal person or belonging to such legal person

(2) recording false information or failing to record important information in the accounts or documents of the legal person or relating to that legal person; or

(3) Accounts are incomplete, inaccurate, not current or inaccurate.

If that is done or allowed to be done in order to defraud the said legal person or shareholders of their respective benefits or to defraud any person, he or she shall be punished with imprisonment. From five years to ten years and a fine of five hundred thousand baht to one million baht

However, there is still no official information confirming whether the NACC’s investigation into this case has been combined into one case or not.

Meanwhile, the NACC’s investigation into the case has not yet concluded. All the accused are still innocent.

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