Thailand Ex-pm Fights Seizure Of $2.2 Billion In Assets

[chuenjit]

Ousted Thailand PM fights seizure of $2.2 billion in assets

Matt Glenn at 7:49 AM ET

Lawyers for ousted Thai prime minister Thaksin Shinawatra challenged the Thai government's decision to seize $2.2 billion of Thaksin's assets during a hearing Wednesday before Thailand's Supreme Court Criminal Division for Political Office Holders. The attorney general [official website, in Thai] claims Thaksin is unusually rich and accused him of making his fortune through abuse of his power. Thaksin's family made a great deal of their money by selling stock in Shin Corporation [corporate website] just three days after the government raised the maximum foreign ownership of telecommunication companies from 20 percent to 49 percent. Prosecutors claim Thaksin never paid taxes on the sale. Lawyers for Thaksin claim that the attempt to seize the assets is politically motivated and that Thaksin was not given an opportunity to call witnesses on his behalf before the Assets Examination Committee decided to seize his money.

In April, a Thai court issued an arrest warrant for Thaksin, who fled Thailand last summer, a day after he called for the government to be overthrown. In October, a Thai court found Thaksin guilty [JURIST report] in absentia on corruption charges and he was sentenced to two years in prison. Last August, Thai prosecutors asked the Supreme Court to seize over $2 billion from Thaksin's frozen accounts and holdings in relation to the charges. Last July, the Thai Attorney General's Office filed corruption charges against Thaksin for his role in a 2003 resolution reducing fees paid by mobile phone companies to state telecommunications agencies. Later that month, Thaksin's wife, as well as her step brother and secretary, were convicted of tax evasion as a result of her transferring $16.3 million worth of stock to the two. Also that month, the Supreme Court agreed to hear additional charges against Thaksin and 47 other for alleged misconduct related to the country's lottery system. Thaksin was ousted from power in a 2006 military coup.

http://jurist.law.pitt.edu/paperchase/2009...izure-of-22.php[/size][/font]

[Ferwert]

Ousted Thailand PM fights seizure of $2.2 billion in assets

Matt Glenn at 7:49 AM ET

Lawyers for ousted Thai prime minister Thaksin Shinawatra challenged the Thai government's decision to seize $2.2 billion of Thaksin's assets during a hearing Wednesday before Thailand's Supreme Court Criminal Division for Political Office Holders. The attorney general [official website, in Thai] claims Thaksin is unusually rich and accused him of making his fortune through abuse of his power. Thaksin's family made a great deal of their money by selling stock in Shin Corporation [corporate website] just three days after the government raised the maximum foreign ownership of telecommunication companies from 20 percent to 49 percent. Prosecutors claim Thaksin never paid taxes on the sale. Lawyers for Thaksin claim that the attempt to seize the assets is politically motivated and that Thaksin was not given an opportunity to call witnesses on his behalf before the Assets Examination Committee decided to seize his money.

In April, a Thai court issued an arrest warrant for Thaksin, who fled Thailand last summer, a day after he called for the government to be overthrown. In October, a Thai court found Thaksin guilty [JURIST report] in absentia on corruption charges and he was sentenced to two years in prison. Last August, Thai prosecutors asked the Supreme Court to seize over $2 billion from Thaksin's frozen accounts and holdings in relation to the charges. Last July, the Thai Attorney General's Office filed corruption charges against Thaksin for his role in a 2003 resolution reducing fees paid by mobile phone companies to state telecommunications agencies. Later that month, Thaksin's wife, as well as her step brother and secretary, were convicted of tax evasion as a result of her transferring $16.3 million worth of stock to the two. Also that month, the Supreme Court agreed to hear additional charges against Thaksin and 47 other for alleged misconduct related to the country's lottery system. Thaksin was ousted from power in a 2006 military coup.

http://jurist.law.pitt.edu/paperchase/2009...izure-of-22.php[/size][/font]

This article references a military coup. The pro-Democracy Red Shirts reference two coups - a Military coup and a Judicial coup. The fact this article is devoid of any discussions related to the historical and current political context , including the ouster of two other Democratically elected Governments, suggest these pro-democracy forces have a point. The judicial activism summed up in this article (sourced from some obscure place in Pittsburgh) with respect to a Thailand Prime Minister and other democratic Governments, is suggested by the pro-democracy Red Shirts as constituting a "judicial coup". This article however presumes that this judicial activism emanates from normal judicial sources untainted by political pressures. According to the Pro-Democracy Red Shirts, this is just not the case.

Edited July 18, 2009 by Ferwert

[animatic]

Judicial activism, as contrary to judicial inaction based on fear,

or based on pastry boxes changing hands.

The unusually rich law was in effect during Thaksin's time as PM.

Policy corruption is likely evident in the change of Phone concession fee reductions.

This change alone would make him unusually rich.

He was SUPPOSED to not own those assets at this point.

We know from the conviction of his wife that this was not the case.

He AND the family still owned controlling interests through assorted cut-outs of the Shin and AIS entities.

His children have been demanded to pay taxes that they attempted to avoid.

The off shore company he controled controled this stock till he sold it to the kids

and the kids sold it to Temasek.

Policy corruption is likely evident in the change of laws days prior to the Temasek sale.

And his control of assets that remained in the family is pretty clear too.

There is every reason to keep these assets frozen until he provides a proper paper trail

showing he DOES NOT possess or control them. If he can't then his changing of laws to

benefit his companies is clear policy corruption and proved by his being unusually rich.

If he had not tried to so publicly enrich himself n such a grandious manner, to such an

eleveted level, things would have just gone on as usual, by Thailand standards,

but he's an observable control freak, and MUST win any way he can.

As observable by this:

"In April, a Thai court issued an arrest warrant for Thaksin,

who fled Thailand last summer, a day after he called for the government to be overthrown."

Followed shortly by red shirts rioting in the streets... Calling for insurrection, is what crime?

Any way he can; the good of Thailand not having much to do with it.

Edited July 18, 2009 by animatic