Filing for Juristic Entity - Is deliberate falsification on the application a criminal offense?

[Thomas J]

Without going into many specifics my village is filing for forming a Juristic Entity after many years of not properly updating when then existing board members no longer were in the village.  The person who has falsely operating as "president" has conducted a meeting during which the members approved the go ahead to form the entity.  There are numerous concerns over this individual including no accountings and accepting monies directly in their personal account. 

I have gone to the Land Office and obtained a copy of the application.  In additional to numerous errors and omissions, the person has blatantly lied on the application.  Included in the application were the names and signatures of people who were portrayed as being in attendance at the meeting.  Additionally, a raise of hand vote for the board officers was taken.  The names of the people elected was falsely represented on the application.  In one case the person "elected" to be president was not correctly listed but rather the person's mothers name was inserted.  It also falsely indicated that the mother conducted the meeting when in fact she did not.  Also, one person was listed as being in attendance at the meeting and elected as Vice President on the board.  That person was not in attendance and there was no vote for this person for any office. 

In the USA the filing of knowingly false information on numerous government filings is a criminal offense.  I am wondering if this person aside from having the application voided may have committed a crime. 

Does anyone know if that might be the case. 

[bwpage3]

Why do you think you can through yourself into the middle of this?

 

You certainly have no rights and can make a heap of trouble for yourself.

[Thomas J]

14 hours ago, bwpage3 said:

Why do you think you can through yourself into the middle of this?

 

You certainly have no rights and can make a heap of trouble for yourself.

Thanks for your help. 

[topt]

On 5/22/2021 at 7:23 PM, Thomas J said:

I have gone to the Land Office and obtained a copy of the application. 

Can I ask how you were able to get this info?

[KKr]

call for a new meeting, but not through the person who filed the report.

having said that, be prepared for a large stone hitting your window, as it seems obvious to me the self appointed boss has his fingers in the cookie jar.

[Thomas J]

1 hour ago, topt said:

Can I ask how you were able to get this info?

We went to the land office and asked to see the actual application.  After reading a few pages and seeing that there were numerous errors, omissions, and outright falsifications, we went to the copier desk and had a copy of it made. 

People were listed as being in attendance at the juristic entity meeting who never attended.  People were listed as being elected to the board who were never even nominated let alone elected. 

[arick]

What Province is this village in... 

[KKr]

1 hour ago, KKr said:

 

call for a new meeting, but not through the person who filed the report.

 

you could suggest to the Land Office to attend as expert, given the number of irregularities.

do not give the self appointed person the chance to hide behind the entity that is, inter alia, created at the Owners cost

[Thomas J]

4 minutes ago, arick said:

What Province is this village in... 

Chonburi

[KKr]

22 hours ago, Thomas J said:

Thanks for your help. 

indeed, to create a beautiful forest, someone has to plant the first tree.

[Thomas J]

3 minutes ago, KKr said:

you could suggest to the Land Office to attend as expert, given the number of irregularities.

do not give the self appointed person the chance to hide behind the entity that is, inter alia, created at the Owners cost

Have solicited the advise of a person who forms entities and manages them on behalf of villages.  She said to write a formal letter pointing out the irregularities and asking for the application to be rejected.  If successful, that would stop the formation of the entity.  However, I know in many countries deliberately filing with a governmental agency information the applicant knows to be false is a crime.  

I would like to know that since it would give the ultimate leverage in forcing this person who is falsifying the information to remove themselves from anything to do with the finances and operation of the village.  Merely pointing out that what has happened could be turned in as a criminal offense will likely persuade this person to just bow out of the scene. 

 

[KKr]

3 hours ago, Thomas J said:

Have solicited the advise of a person who forms entities and manages them on behalf of villages.  She said to write a formal letter pointing out the irregularities and asking for the application to be rejected.  If successful, that would stop the formation of the entity.  However, I know in many countries deliberately filing with a governmental agency information the applicant knows to be false is a crime.  

I would like to know that since it would give the ultimate leverage in forcing this person who is falsifying the information to remove themselves from anything to do with the finances and operation of the village.  Merely pointing out that what has happened could be turned in as a criminal offense will likely persuade this person to just bow out of the scene. 

 

Think this article is a good start for searching relevant information :
 

ACT DETERMINING OFFENCES RELATING TO THE REGISTER PARTNERSHIP, LIMITED PARTNERSHIP, LIMITED COMPANY, ASSOCIATION,
AND FOUNDATION, B.E. 2499 (1956)
 

BHUMIBOL ADULYADEJ, REX.
Given on the 13th Day of November B.E. 2499;
 

Section 42

In the case where a person who is responsible for the carrying out of business of the registered partnership, limited partnership, or limited company, acts or consents to act, with an intention to deceive partnership, company, each partner of partnership, or shareholders about their untrue benefits, whereby such acts:
... ... .... 
(2)  make false statements or omit to record important substances in the accounts or documents of partnership or company or in relating to partnership or company, shall be liable to imprisonment for a term not exceeding seven years, or to a fine for not exceeding one hundred and forty thousand Baht, or to both.
... ... ...

from: http://www.thailaws.com

???? (5/60x12 .000 THB = a glass of red.) ????

Edited May 24, 2021 by KKr
(5/60x12.000 THB = a glass of red.) 

[Cake Monster]

5 hours ago, KKr said:

call for a new meeting, but not through the person who filed the report.

having said that, be prepared for a large stone hitting your window, as it seems obvious to me the self appointed boss has his fingers in the cookie jar.

And you never know who hes buddies with.

[topt]

7 hours ago, Thomas J said:

We went to the land office and asked to see the actual application.

Thanks but you did not have to prove where you lived, know the application no. or pay a fee - anybody could go and ask to see it?

[Thomas J]

5 hours ago, KKr said:

(2)  make false statements or omit to record important substances in the accounts or documents of partnership or company or in relating to partnership or company, shall be liable to imprisonment for a term not exceeding seven years, or to a fine for not exceeding one hundred and forty thousand Baht, or to both.

Well continues to be a clear as mud.  Went to the Chonburi Prosecuting Attorneys office today.  In typical Thai fashion a simple question is lying on a government application a criminal offense, it took about 30 minutes answering questions that had absolutely nothing to do if it was a crime or not a crime. 

Finally they indicated that yes it was a crime however it had to be the Land Office that would bring charges of deliberately filing false information on an application.  However, the two young ladies at the prosecutors office did not appear to have graduated with their law degrees.  What they indicated "seems reasonable" but having said that reasonable and law particularly Thai law seem to be mutually exclusive terms. 

Also met with a person who manages properties and files for Juristic Entities.  Their take was that yes, a person could hire an attorney and file charging a criminal offense.   

Of the two, answers I would tend to agree that the Land Office would have to initiate the action since it would be the violation of their laws that would be criminal offense. Now I can envision a situation where a person brings a civil action claiming their rights were damaged by the falsification.  Then if the judge found that malfeasance warranted criminal prosecution referring it to the prosecuting attorney. 

One thing is for sure and that if no action is taken this person will continue to accept only cash payments for community fees, put money in their personal account and conceal what is happening with the community monies.