Potjaman Shinawatra Found Guilty Of Tax Evasion

[BigBuddha]

I wonder if any of you had that much money transfer of a deal of 700 over million and had to pay 550 million on taxes...if you would be so glad to give it to the government?

I don't know anything about politics...or taxes.....only thinking hard on seeing things from both sides and insights.......would you critics be willing to gladly say sure it is for the good of the people yes...why not.....here in Koh Samui everyone is screaming their heads of how polluted the island is getting, environment issues to be solved...keep the island clean blah,blah,blah...the solutions to these problems are actually charging environment taxes...in other words....hand in a meager bit of these outrages profits that big business is making on the island....then suddenly there is a big quiet hush......ooopss...let Samui and the environment then go to hel_l....as long as we get our profits.....

[jrincon17]

Thaksin was scheduled to depart for China today in preparation of the Olympics. I wonder if that'll change.

spoke to a former minister yesterday. His view is Thaksin has been granted leave for 30 days on the pre-arranged agreement that he won't come back.

Lets see if this is true.

Interesting information. Even if he doesnt come back he will still retain a lot of power through the PPP and will be able to influence events if he so chooses.

hearsay.

546mil in taxes on 740 mil is that correct, seems high right?

[wrecker]

Thai courts are always going for the easiest way, that means going with the most influential people for the moment. They are obvious still the happy few related to the anti democratic PAD in oder to avoid civil unrest. It is therefore interesting that they allowed bail precisely for this reason. If the courts were unbiased they would have prosecuted people like Sondhi and Chamlong long ago for the ame reasons. If the courts were unbiased almost all business people should now fear for their freedom as the charges go back 11 years ago and the constructions are still very common. Locking Thaksin and his wife up would spell the end for the elite. It is the way to create a bloody uprising. By the way it is unlikely they spend any time in jail as long as Thaksin can keep on winning elections. The PM can pardon anyone. Maybe Thaksin should give the PAd the finger and announce his come back. He would get an outright majority without even campaigning, he has just 3 years waiting to do, but an announcement would change the political landscape immediately and improve his court cases dramatically too. Not one judge would dare to order mass murder. Thaksin would still be able to get 60% of the votes without campaigning and with two fingers in his nose.

[sriracha john]

Pojaman found guilty of tax evasion

This morning the Criminal Court found Pojaman Shinawatra guilty of intentionally avoiding a tax payment of 546 Million Baht for the transfer of 4.5 million shares of the Shinawatra Computer and Communications' shares worth 738 Million Baht.

Also found guilty in the trial were Pojaman's brother Bannaphot Damapong and her personal secretary Kanchana Honghern. The court sentenced Pojaman and Bannaphot each to 3 years in jai on grounds of violating Article 37 (1) (2) of the Revenue Code and Articles 83 and 91 of the Criminal Code.

Meanwhile, Interior Minister Chalerm Yubamrung also attended the court’s delivery of verdict in the tax evasion case of the Shinawatra Communication today to give moral support to the wife of the deposed premier Thaksin Shinawatra, Pojaman Shinawatra.

- ThaiNews

=========================================================================

Thaksin sure could have benefited if, earlier, he had used Chalerm's expertise in having family members acquitted in criminal cases.

[Aussietraveller]

The verdict sends a clear message, and not before time.

There is some hope of a similar outcome for Thaksin.

Whether she will ever spend a day in the pokey is another question, i for one do doubt that.

[cyborg22]

To be honest would they have really got more of sentance in the uk? I think not more of a slap oin the wrist and don't do it again. Same as the chavs here

Cy

[marshbags]

Thev.ye just show them stood up in court on channel 7 as the sentence was read out.

Bewilderment and the shock of it all was clearly shown on their faces and she looked like she was about to burst into tears, or hers eyes were about to pop out.

They then spanned around to the daughter ( I think ) who was shaking her head.

Then to Thaksin himself, i was expecting him to react, but not to this extent.

His face looked well and truly old and it was a bizzare sight to witness and he must be a really worried man now regarding his fate.

Reminded me of the much used as it resembled his expression to a tee.

If anyone feels sorry for them, perhaps it should be remembered why

Justice it would seem is now being delt out accordingly.....................AT LAST

marshbags

Edited July 31, 2008 by marshbags

[sfokevin]

the dates as per the other thread two days ago... but one can hopefully surmise that Potjaman's permission will be rescinded.

Court approves China, Japan trip for Thaksin and wife

Kamnuan Chalopathum, Thaksin's lawyer, said the former premier will travel to Japan and China from July 31 to August 10 and attend the opening ceremony of the Beijing Olympics. His wife would later join him in Beijing on August 5.

The Supreme Court, however, rejected a request by the couple to travel to the United Kingdom from August 15 to 20. The court said the defendants were required to report to the court on August 11 after which they could re-submit the request.

Yeah it would look really stupid to allow someone already convicted to leave the country. Even with the 70 billion seized the 5 million bail is nothing to them.

5 million... Hum... That's just about how much one could stuff into a lunch pail...

[lennart2000]

Be amazed if they actually spend any time in jail. Could get interesting if they do though.

I assume that an appeal is on the cards.

The case cannot be appealed. However Pojaman's lawyer can present new valid evidence if any with the lower court within 30 days.

[sibeymai]

Is it correct that, because this is a criminal conviction, if Pojaman appeals and looses her sentence will be increased and she will immediately go to jail from the court room ?

IMO the only way she can avoid jail is to be found innocent on appeal (however, the criminal court judges appear to have been very thorough) or leave Thailand. I believe she will go to jail. If she doesn't the country will erupt and the government will fall. She's not worth causing that much turmoil and I think the generals would agree.

[animatic]

I believe they are quoting a purchased share price,

not the valuation of the shares at time of sale.

The tax valuation would be based on the CURRENT value,

not the original purchase price. Which likely from back channel

shenanagins and torquing the system for their profit would be valued

in actual billions, in which case 550 mil is fair tax at that level.

This is why thay tried to hide it, the bill would have been huge,

compared to the pruchase, but reasonable compared to value,

either way they clearly wanted to keep all profits if possible.

Regardless of time served it is a huge slap in the face,

and face is as important as cash over here....

[Insight]

Thaksin was scheduled to depart for China today in preparation of the Olympics. I wonder if that'll change.

spoke to a former minister yesterday. His view is Thaksin has been granted leave for 30 days on the pre-arranged agreement that he won't come back.

Lets see if this is true.

Interesting information. Even if he doesnt come back he will still retain a lot of power through the PPP and will be able to influence events if he so chooses.

hearsay.

Hardly. He proved what influence he could still have over politics during the last coup.

When it comes to the best way to deal with Thaksin, I'll confess to thinking the unthinkable.

[steffi]

Is she still required to pay up the tax debt?

Thread started to separate different cases posted in thread:

http://www.thaivisa.com/forum/Thaksin-Face...ts-t137657.html

Thaksin May Face More Arrest Warrants

=============================================================================

BREAKING NEWS

Potjaman Shinawatra Guilty

10.47am : The Criminal Court on Thursday found Khunying Pojaman Shinawatra guilty of intentionally avoiding a tax payment of Bt546 million for the transfer of 4.5 million shares of the Shinawatra Computer and Communications' shares worth Bt738 million. Also found guilty in the historic trial are Pojaman's brother Bannaphot Damapong and her personal secretary Kanchana Honghern. The court sentenced Pojaman and Bannaphot each to 3 years in jail.

- The Nation

[mrgolf]

Thaksin was scheduled to depart for China today in preparation of the Olympics. I wonder if that'll change.

spoke to a former minister yesterday. His view is Thaksin has been granted leave for 30 days on the pre-arranged agreement that he won't come back.

Lets see if this is true.

You beat me too it.

Thaksin and family depart for China ostensibly to watch the Olympics. They just forget to return.

He didn't buy a rather expensive house in HK recently for nothing.

Why did they bother to come back in the 1st place?

[TAWP]

Thev.ye just show them stood up in court on channel 7 as the sentence was read out.

Bewilderment and the shock of it all was clearly shown on their faces and she looked like she was about to burst into tears, or hers eyes were about to pop out.

They then spanned around to the daughter ( I think ) who was shaking her head.

Then to Thaksin himself, i was expecting him to react, but not to this extent.

His face looked well and truly old and it was a bizzare sight to witness and he must be a really worried man now regarding his fate.

Reminded me of the much used as it resembled his expression to a tee.

If anyone feels sorry for them, perhaps it should be remembered why

Justice it would seem is now being delt out accordingly.....................AT LAST

marshbags

Could one find this wonderful piece of video on youtube soon?

[frodo]

From the Nation:

10.45am : Pojaman and her family leave the court house. Former premier Thaksin and his children looked serious while his wife smiles.

http://nationmultimedia.com/2008/07/31/hea...es_30079437.php

Typical. Absolutely no remorse from her whatsoever.

Edited July 31, 2008 by frodo

[sriracha john]

Ex-Thai PM Thaksin's Wife Guilty Of Tax Evasion

BANGKOK, THAILAND: The wife of ousted Thai Prime Minister Thaksin Shinawatra was found guilty Thursday (31 July) of evading millions of dollars in taxes and sentenced to three years in prison.

The landmark ruling against Pojaman Shinawatra strikes a major blow to Thaksin, who was ousted in a 2006 coup, and has long denied any wrongdoing by his family in the tax case and several other corruption cases against his inner circle.

"The defendants are high-profile and wealthy citizens," the judge said. Pojaman's husband "was the leader of the country and she is obligated to pay taxes as a model for society."

"But the defendants lied, cheated, and conspired to evade taxes, which is regarded as a serious crime," the judge said.

The 51-year-old former first lady, in a pale blue suit and strand of pearls, *ala Imelda Marcos* looked stunned as the judge pronounced the verdict. She was promptly released on 5 million baht bail and walked out of the Bangkok Criminal Court with her family into a waiting car.

Thaksin's spokesman, Pongthep Thepkanjana, said lawyers planned to appeal.

"Thaksin is not disheartened," he said. "They respect the court ruling but it is not the end. We will fight until the end."

Pojaman, her brother and secretary were convicted of evading millions of dollars in taxes in 1997 through a complicated transfer of shares in the family's flagship business that involved placing stocks in the name of one of the family's maids.

The court also sentenced her brother, Bhanapot Damapong, to three years in prison and the secretary to two years.

All three had pleaded innocent.

More than 300 police were deployed in the area amid concerns of possible protests by both Thaksin's supporters and opponents. More than 1,000 supporters mobbed the family as they exited the court.

Thaksin was ousted after being accused of massive corruption and abuse of power during his two terms as prime minister. Four corruption cases have been filed in the courts against Thaksin, two others against his wife, and three cases against two of his children. Many others are under investigation.

Thursday's case centered on a 1997 transfer of shares in Shinawatra Computer, the company that later became Shin Corp. _ Thailand's biggest telecommunications company _ before it was sold in 2006 to a Singapore state-owned company for US$2.2 billion.

The share transfer was valued at 738 million baht and deemed tax-free. The family had listed the deal as a transfer of shares carried out within the stock market, which is exempt from capital gains taxes.

After Thaksin's ouster, an investigation was launched into the deal that prompted the family to change its story.

Pojaman, through her lawyer, said she bought the shares from a family maid and transferred them to her brother as a gift, which under Thai law is not taxable.

Thailand's Assests Examination Committee determined last year, however, that a check issued to the maid was later deposited in a new bank account belonging to Thaksin's wife.

The committee said Pojaman and her brother had misrepresented the nature of the transaction to avoid paying taxes and should pay back taxes of about 546 million baht. Thaksin was not implicated in the tax evasion case.

Thaksin was known to have transferred shares in Shin Corp., his telecommunications empire, to his maid, chauffeur, relatives and others to shed holdings before becoming prime minister in 2001 to skirt conflict of interest laws.

- Associated Press

[sibeymai]

Why did they bother to come back in the 1st place?

Maybe they thought they could get some of the 70 billion baht unfrozen, or maybe they expected something from Samak. But in the last few months the courts have neutered him. It will be surprising to hear what Samak has to say. He's also facing the prospect of jail time and to make statements in contempt of court could rile the judges he eventually faces. same for whatever comments Thaksin may make as well. I think the judges already have their noses out of joint over the bribery incident.

Look in the bright side....at least Bannapot will have plenty of access to the family lawyers while he's inside.

Edited July 31, 2008 by sibeymai

[marshbags]

Thaksin was scheduled to depart for China today in preparation of the Olympics. I wonder if that'll change.

spoke to a former minister yesterday. His view is Thaksin has been granted leave for 30 days on the pre-arranged agreement that he won't come back.

Lets see if this is true.

You beat me too it.

Thaksin and family depart for China ostensibly to watch the Olympics. They just forget to return.

He didn't buy a rather expensive house in HK recently for nothing.

Why did they bother to come back in the 1st place?

Because they arrogantly took it for granted they still had power over the constitutions to buy their way out of everything that has been unfolding and that his surrogate government could retake the ground they lost during the months of " peaceful intervention ", along with overturning the new constitution.

Make no mistake, this is a very good day for Thailand and it,s citizens

marshbags

Edited July 31, 2008 by marshbags

[hammered]

Maybe they thought they could get some of the 70 billion baht unfrozen, or maybe they expected something from Samak. But in the last few months the courts have neutered him. It will be surprising to hear what Samak has to say. He's also facing the prospect of jail time and to make statements in contempt of court could rile the judges he eventually faces. same for whatever comments Thaksin may make as well. I think the judges already have their noses out of joint over the bribery incident.

Look in the bright side....at least Bannapot will have plenty of access to the family lawyers while he's inside.

Decisions like this in cases which while being about breach of law also have a political element send messages to many including it could be you next. No doubt Samak will be thinking carefully about what h does next. He could actually come out of this empowered it pains me to say considering his hideous links to attrocities in the 1970's.

[ding]

So looks like the Taksins will be out of Thailand for now. But Samak is sweet talking Cambodia trying to preserve Taksin's business interests nextdoor.

[Crushdepth]

Sentenced to 3 years Hard Leisure on the Cayman Islands, in all likelihood. I'd love to see some justice but I think it will be a cold day in hel_l before any Shinawatras do time, convicted or no.

Edited July 31, 2008 by Crushdepth

[mackayae]

Is bail tax deductible?

[Arkady]

On looking at details of the case it seemed very clear cut that tax was deliberately evaded but it is another thing for a Thai court to sentence such a wealthy and powerful figure to prison whatever the evidence. Of course this is a criminal case and the defendants will appeal to the Appeals Court and then the Supreme Court which could take years. I also doubt very much that any of them will ever serve any time in the clink but the sentence breaks new ground nevertheless.

The Supreme Administrative Court has a much tougher job to do, since there is no appeal from its decision and the accused has to go directly to jail, like Thaksin's lawyers in the Pastrygate case, if sentenced to prison. Samran's source might be right in suggesting that the Supreme Court's sudden unexplained weakness in letting T & P travel abroad might be in the hope that they won't come back which would take the pressure off the judges who will soon have to provide judgement in the Radchadapisek land case. I am not sure of the Thai procedure but I believe that court goes ahead and reads the judgement anyway, even if the defendant has fled and broken bail. I think that happened in the Rakkiat case (the Democrat Dep Health Minister who is now in jail sentenced by the Supreme Admin Court). The judgement in the Wattana case is coming up soon and the defendant is unlikely to show up, so there will be another precedent, if T declines to appear for his own case.

The pressure is hotting up on Samak to get the constitution amended quickly and throw out all the court cases, whatever the cost in terms of social and economic upheaval. This might put pressure on the anti-Thaksin faction in the military to do something before the September reshuffle which will remove most anti-Thaksin senior officers from their posts.

[petitechevre]

boggles me...

even if you have to pay 80% on 700 mil in taxes... 200 mil is sick money.

I mean, u can buy almost any normal company in thailand with that money, u can open 50 franchise of mcdonalds ... you can shop at gucci for the next 30years.. can have 50 breitling watches etc etc etc

plus they already had unlimited money.. just pay your huge taxes and enjoy being incredibly rich without hassle.

[stumonster]

is mr't' still in possession of a diplomatic passport ?

[ray23]

First step of a very long Journey, no reason to do a runner yet. Worse comes to worse he can always buy Zimbabwe

Edited July 31, 2008 by ray23

[Insight]

A courageous and excellent start to begin the long road to seeking justice in the Kingdom of Thailand.

Amen.

All eyes glued to the TV this afternoon in the office. Needles to say - nobody is protesting against the verdict.

[marshbags]

From the Nation:

10.45am : Pojaman and her family leave the court house. Former premier Thaksin and his children looked serious while his wife smiles.

http://nationmultimedia.com/2008/07/31/hea...es_30079437.php

Typical. Absolutely no remorse from her whatsoever.

A smile coming from a Thai after something untoward has happened is a usual expression to show ( IMHO ) a display of false bravado.

Look at their eyes if you want to see the true feeling.

Only the secretary displayed a possible " no remorse " type expression when the charges and sentence was read out, but that was possibly due to being unable to grasp what had just unfolded, let alone believe it was actually happening to the Thaksins.

marshbags

[sibeymai]

So, this woman, a former prime minster's wife, commits the largest fraud ever against the Thai government and the Thai people, equivalent to taking a day's food away from every man, woman and child in the north and north east, and there are still people outside the court cheering for her.

MORONS.