18-year prison sentence to Suchai, Viroj

[resimi]

Thank you.

I wonder whether any of those sentenced today are currently detained, and indeed whether any will be

It seems they are.

All 19 people convicted in the case, including Viroj and Suchai, were sent to the Bangkok Remand Prison yesterday.

Prison director Ayut Sinthoppan said some of them were apparently stressed when they were brought to the place after the court's verdict.

He said all of them would spend their first night in prison at the facility. Then those sentenced to 18 years' imprisonment would be sent to the Klong Prem Central Prison.

The director explained that his prison could hold only convicts with jail terms of no more than 12 years. Sixteen of the convicts in this case would remain incarcerated at the Bangkok Remand Prison, he said.

[MaxLee]

At the risk of being howled down - but this is a genuine question - what part in this is Thaksin accused of playing?

From an earlier published Nation article;

"The central claim of the prosecution is that then prime minister Thaksin abused his office to influence the bank's decision to grant loans to real-estate developer Krisda Mahanakorn despite the company's poor credit rating.

The alleged fraudulent deals happened when Viroj Nualkhair, one of the key defendants, was the managing director of KTB.

The deals allegedly involved a scam to bypass the credit rating to allow the bank to arrange loans to proxy companies in order to channel funds to Krisda Mahanakorn. The transactions were subsequently classified as non-performing loans.

The list of defendants can be divided into three groups: Thaksin, as office holder exerting influence over the loans; Viroj and the bank's board of directors; and three companies including Krisda Mahanakorn."

This is also an interesting bit of info from the same article regarding Thaksin's son in this matter;

"Earlier, the graft investigation found that funds from the alleged fraudulent loans had been routed through Panthongtae's bank accounts. The prosecution has decided, however, not to try Panthongtae, who is not an office holder and thus not under the purview of the high court's fast-track process for graft offences"

Aha..... so just another sacrificial lamb for the man in Dubai....

[LomSak27]

Ahh Yes Sondhis non performing loan was not bailed out leading to a historic split with the T man. Really kind of beautiful to think back to the time they were all friends and so happy together.

[crusty]

Ex-KTB top executives Suchai and Viroj given 18 years jailterm

BANGKOK: -- Former top executives of state-owned Krung Thai Bank Suchai Chaovisit and Viroj Nualkhae were today (Wednesday) sentenced to 18 years imprisonment each by the Supreme Court’s criminal division for political office holders for their role in dishonestly extending 9,900 million baht in loans to companies affiliated with Krisda Maha Nakorn Plc.

The court found Mr Suchai, former board chairman of KTB and Mr Viroj, former managing director of the same bank, guilty of malfeasance in office, violations of the law regarding state enterprise employees, commercial bank act, securities and public company laws.

Another bank executive who was involved in extending the controversial loans was also given 18 years imprisonment whereas ten other bank’s credit officers and executives of Krisda Maha Nakorn-affiliated companies who received loans from the KTB were sentenced to 12 years each.

All these companies were ordered by the court to return the money they received to KTB plus interests thereon.

As for the first defendant in this case, former prime minister Thaksin Shinawatra, who did not stand trial because he escaped overseas, the court ordered his arrest in order to stand trial.

KTB extended the loans totaling 9,900 million baht in 2003 during the government of then prime minister Thaksin to KMN’s affiliated firms supposedly to refinance their debts with financial institutes and to buy land plots for real estate projects. However, it was found out that the money they received were used for personal benefits.

Also, it was discovered that these companies had earlier been classified by the KTB as financially-troubled not worthy for loan extension.

Source: http://englishnews.thaipbs.or.th/ex-ktb-top-executives-suchai-and-viroj-given-18-years-jailterm

-- Thai PBS 2015-08-26

Got 'em ! Well done General.

[rubl]

The trial against former prime minister Thaksin Shinawatra, Defendant No.1, is temporarily suspended as he is in exile.

Really stupid question I know, has anyone ever considered trying him in absentia?

My thoughts exactly, like when they sentenced him to 2 years as an absentia

There is a significant difference between trial in absentia and sentencing in absentia.

It seems that for a trial to start the accused must have been to court at least once to acknowledge the charges and be able to say "not guilty" (or guilty if they feel like it). Then the trial can continue with the accused / defendant and his legal team present, or just his legal team present. Probably if an accused / defendant doesn't want to sent a legal team one will be appointed to him (with a bit more delay).

When the trial has been able to get started and assuming legal representation is not hindered, the trial can even conclude and lead to conviction and sentencing.

PS unlike a lot of posters here I'm not a legal expert. The above is my 'reasonably' informed opinion, but has no legal significance neither is it binding

[scorecard]

"The trial against former prime minister Thaksin Shinawatra, Defendant No.1, is temporarily suspended as he is in exile."

Gutless. Try him in absentia. He voluntarily removed himself from the jurisdiction to escape serving a criminal sentence.

I thought the Army told him not to come back ? Any way they gave him only 2 years for some crime and he will not return. Corruption is a CANCER, cut it out or kill it !!

His voluntary decision not to return from attending the Beijing-Olympics appears to have been made long before the coup or army-involvement, back in 2008 in fact, when his brother-in-law & proxy-party PPP were in-power.

However AFAIK trying him in-absentia, and removing the requirement for the defendant to be present when the charges are read out in court, might well be seen as a departure from normal Thai legal-precedents, this might add to claims that all charges against the former-PM are political.

At least the case proceeded, and some of the guilty eventually were sentenced, this time.

Agree, further it brings up some interesting discussion in terms of Thai law:

- Should the law be that such cases (by proper categories) be tried in absentia, but with some attempt to get the charged back to Thailand with perhaps a 3 month deadline time, then the case proceeds automatically?

- Should there be NO statute of limitations for these types of crimes?

Hopefully this might be within the law reforms under discussion.

Whether any changes (examples above) could be applied retrospectively is a further question.

Or perhaps there could be a clause in terms of current outstanding charges that for these cases the trial proceeds after say 2 or 3 years of 'suspension'

In terms of statute of limitations, perhaps the law could be changed so that the 'statute of limitations clock' stops ticking when charged people flee abroad, keeping the case open forever if need be.

[halloween]

Defendant Number 1 has a nice sound to it.

[speedtripler]

I hope they get the same prison life as the ordinary people but they will probably have private cells with TV, mobile phone, and whatever food and drink they want to order will be delivered by the guards

Thai Prison guards are famous for doing favors for the prisoners who can afford to pay for it and these guys are all filthy rich

Better if they could be stripped off assets but they know how the crooked system works and probably have the majority of the cash safe in accounts that don't legally belong to them

These guys are old men so 12-18 basically is a life sentence.... If they can't buy their way out

[tuanku]

What is it with KTB and the people it employs?

On the same day as this lot get sent down for theft and corruption, we have a bank manager from the same bank nabbed for keeping slaves on a pig farm. Perhaps their HR branch should review their employment criteria - or do people with no morals make good bankers?

[z42]

BP reports today suggest that the real bigwigs are out of jail already, viroj had a heart attack and one of the others a personal ailment requiring a visit to the jail hospital. Strange that they are so ill so soon. So not even in a full day in jail, yet

[reptile91602]

Bank execs going to jail from fraud. Never happen in the US. Congratulations Thailand!!!!!!!!!

[ALLSEEINGEYE]

If only their vision of democracy was realized, this all would have been washed away with their undemocratic amnesty bill.

They should seize every piece of property, businesses and wealth from Taksin and his whole clan.

[speedtripler]

BP reports today suggest that the real bigwigs are out of jail already, viroj had a heart attack and one of the others a personal ailment requiring a visit to the jail hospital. Strange that they are so ill so soon. So not even in a full day in jail, yet

Disgraceful, they have arrived in jail, didn't like the conditions of it and bought their way out a few hours later...

[scorecard]

At the risk of being howled down - but this is a genuine question - what part in this is Thaksin accused of playing?

Here's some guesses:

- Mastermind.

- Used his positional power (fear power) to order the bank officials to grant the loan.

Please feel free to add more...

[scorecard]

If only their vision of democracy was realized, this all would have been washed away with their undemocratic amnesty bill.

They should seize every piece of property, businesses and wealth from Taksin and his whole clan.

If only their vision of democracy dictatorship was realized, this all would have been washed away with their undemocratic amnesty bill.

They should seize every piece of property, businesses and wealth from Taksin and his whole clan.

Edited August 27, 2015 by scorecard

[TallGuyJohninBKK]

There's a separate thread re the sudden onset of medical problems requiring hospitalization by various of those involved here:

http://www.thaivisa.com/forum/topic/851489-viroj-nualkhair-admitted-to-prison-hospital-with-heart-problem/

BTW, re the notion of appeals, these sentences were by the Supreme Court's division for political office holders. I can't say for sure, but I don't think there's any further appeal available after that court's ruling. Otherwise, you can pretty well bet none of these guys would have been sent to prison post sentencing.

Edited August 27, 2015 by TallGuyJohninBKK

[resimi]

BP reports today suggest that the real bigwigs are out of jail already, viroj had a heart attack and one of the others a personal ailment requiring a visit to the jail hospital.

Getting sent there could be a death sentence.

That's the same prison hospital where Prince Christoph von Hohenlohe died mysteriously.

European aristocrat dies in notorious Thai jail

[kunnatee]

Some may be familiar with this case https://www.facebook.com/JusticeForJessieThailand
The same bank is culprit.

If anyone can help this family, contact them through their fb page.

[resimi]

BTW, re the notion of appeals, these sentences were by the Supreme Court's division for political office holders. I can't say for sure, but I don't think there's any further appeal available after that court's ruling.

Correct.

There is no appeal process left for them following their Supreme Court conviction.

[MaxLee]

COURT

KTB's former chiefs get 18 years jail in loan case

THE NATION

BANGKOK: -- TWO FORMER top executives of state-owned Krungthai Bank were each sentenced to 18 years in jail yesterday for approving a questionable loan of more than Bt9 billion to a property company.

The Supreme Court's Criminal Division for Political Office Holders gave the lengthy imprisonment term to KTB's former president Viroj Nualkhair and former board chairman Suchai Chaovisit, in addition to 17 others who were also convicted in the case.

Former prime minister Thaksin Shinawatra, who was the first defendant in this case, was among the 27 people charged. But the court has suspended the case against him because he has fled the country.

The court also ordered Thaksin's arrest in order for him to stand trial in the case.

The convicts, as officials of the state, were found guilty of colluding to approve the loan dishonestly to subsidiaries of Krisda Mahanakorn Group in 2003, for refinancing and land acquisition. But the loan was used for personal purposes, the court found.

The other defendants convicted in the case include the bank's credit officers and executives of companies affiliated with Krisda Mahanakorn who received loans from KTB. They were sentenced to 12 years each in jail.

The Supreme Court also ordered all the convicts to pay compensation totalling more than Bt10 billion in damages to the bank.

Viroj, aged 68, an eminent merchant banker in his heyday, also served as vice chairman of the troubled Phatra Thanakit financial company. He later became honorary chairman of Phatra Securities.

All 19 people convicted in the case, including Viroj and Suchai, were sent to the Bangkok Remand Prison yesterday.

Prison director Ayut Sinthoppan said some of them were apparently stressed when they were brought to the place after the court's verdict.

He said all of them would spend their first night in prison at the facility. Then those sentenced to 18 years' imprisonment would be sent to the Klong Prem Central Prison.

The director explained that his prison could hold only convicts with jail terms of no more than 12 years. Sixteen of the convicts in this case would remain incarcerated at the Bangkok Remand Prison, he said.

In 2003, KTB extended loans totalling |Bt9.9 billion during the term of the Thaksin government to Krisda Mahanakorn's affiliated firms, supposedly to refinance their debts |with financial institutions and to purchase land plots for those affiliates' real-estate |projects. However, it was found that the money they received was used for personal benefits.

It was also discovered that these companies had earlier been classified by KTB as financially troubled and not worthy of loan extensions.

Source: http://www.nationmultimedia.com/politics/KTBs-former-chiefs-get-18-years-jail-in-loan-case-30267545.html

-- The Nation 2015-08-27

The man in Dubai, can't help him or bail him out, no more....

[speedtripler]

BTW, re the notion of appeals, these sentences were by the Supreme Court's division for political office holders. I can't say for sure, but I don't think there's any further appeal available after that court's ruling.

Correct.

There is no appeal process left for them following their Supreme Court conviction.

So, they're going to serve 12 and 18 year sentences?? Hard to believe but good if it's true... Only there isn't enough prisons to put the corrupt Thais in

On second thoughts, instead of building new prisons for all the criminals, couldn't we just build a high wall around the houses of parliament and police stations... Might be cheaper

Edited August 27, 2015 by speedtripler

[Prbkk]

Does the Thai Judiciary system not know rulings 'in Absentia', without statue of limitation, of course! Or is this just a consequence of that silly, and still not yet abrogated (changes and reforms?), rule saying the suspect has to be read the charges to 'in Persona' for the Court to be able to validly start its procedure (while, f.i., starting a case can be done 'by representation' via an attorney...)?

Considering the other sentences spoken out by the Supreme Court in this case, it could have been another 12 to 18 years of inprisonment for Lt.Col., Dr., and ex-'democratic' (LOL) PM Thaksin, with so many cases still waiting for him...

Also, why are defendants found guilty not named, and shamed, just identified by numbers? Just a way to 'protect' them from loss of face, or...?

And, of course, is any of these, very, 'influential people' detained, are there 'already' arrest warrants for them? Or waiting for confirmation they have already left Thailand?

P.S.: ...And they keep writing that Thaksin is 'in exile', quod non!

Like Raluek Leekpai...fled to Canada and only returned after statute of limitations expired.

[steveromagnino]

The trial against former prime minister Thaksin Shinawatra, Defendant No.1, is temporarily suspended as he is in exile.

There is a significant difference between trial in absentia and sentencing in absentia.

It seems that for a trial to start the accused must have been to court at least once to acknowledge the charges and be able to say "not guilty" (or guilty if they feel like it).

I believe this to be correct; the defendant must appear in court to hear the charges s/he is facing, and to respond. Thereafter they may not appear or send a representative and the trial can continue even if they flee.

The reason why Thaksin so poorly played this one out, was because he believed that once the Samak govt was in power, he could come back and 'do a Lance Armstrong' where he could lean on the judiciary to accept his version of what happened, and tilt the playing field; a not guilty verdict would then restore his reputation and allow him to work his way through the other more dangerous charges after (there were about 17 from memory).

The charge he was convicted for was similar to KTB; it was land owned by the FIDF (govt agency) and went up for tender. He leaned on his 'mates' in the property industry for the land in Rachada so only his pals would bid for it at low prices to rig the bidding process, his wife tendered the winning bid around 1/3 of what it had previously been valued at , and enabling what appeared to be a technically legal bid which at the time, then benefited very quickly from changes in zoning which enabled the plot to have a highrise on it instead of just houses. What a coincidence. At the time, the opposition did not have enough votes to censure him on this, but it was clearly unacceptable to have the PM's wife buying up state assets and the Constitution is clear on this:

"Any State official shall not carry out the following acts:

being a party to or having interest in a contract made with a Government agency where such State official performs duties in the capacity as State official who has the power to conduct supervision, control, inspection or legal proceedings"

Now....if we look back we will know that he appeared in this case, because he was quite sure he would not be found guilty; he called into question the right of the court to question him; he alledgedly appeared to offer a bribe via his lawyers (3 of his lawyers were caught trying to bribe the judges) in the infamous pastrygate, and he genuinely likely believed that because his wife was the buyer, he was far enough away that he could ride out the trial bruised but not guilty; he also believed that since there were no other developers willing to say they were coerced not to bid, he could show that the state didn't really seem to be worse off as a result. Once he realized he would lose, he fled, and he further failed to appear for any of the other trials.

So he got convicted for this one, and the trials for the other ones can't start until he reappears, if ever. In this respect, he's like the Samut Prakarn godfather Vatana Asavahame (actually also a friend of Thaksin) who also faced similar trial with the corruption relating to the wastewater treatment plant land acquisition, where the very honest Vatana somehow managed to make enormous profits through buying the land that would end up within the plant then onselling to the govt - he was also stupid enough to let the trial begin before fleeing to Cambodia from memory, to avoid the 23 year sentence. His son more recently is well known for beating up his wife Janie, and is the first politician in a while to actually go to jail, 11/2 years I think is the term for election fraud.

So...first lesson of being a politician....have another passport ready so you can't be brought back to Thailand.

[speedtripler]

The trial against former prime minister Thaksin Shinawatra, Defendant No.1, is temporarily suspended as he is in exile.

There is a significant difference between trial in absentia and sentencing in absentia.

It seems that for a trial to start the accused must have been to court at least once to acknowledge the charges and be able to say "not guilty" (or guilty if they feel like it).

I believe this to be correct; the defendant must appear in court to hear the charges s/he is facing, and to respond. Thereafter they may not appear or send a representative and the trial can continue even if they flee.

The reason why Thaksin so poorly played this one out, was because he believed that once the Samak govt was in power, he could come back and 'do a Lance Armstrong' where he could lean on the judiciary to accept his version of what happened, and tilt the playing field; a not guilty verdict would then restore his reputation and allow him to work his way through the other more dangerous charges after (there were about 17 from memory).

The charge he was convicted for was similar to KTB; it was land owned by the FIDF (govt agency) and went up for tender. He leaned on his 'mates' in the property industry for the land in Rachada so only his pals would bid for it at low prices to rig the bidding process, his wife tendered the winning bid around 1/3 of what it had previously been valued at , and enabling what appeared to be a technically legal bid which at the time, then benefited very quickly from changes in zoning which enabled the plot to have a highrise on it instead of just houses. What a coincidence. At the time, the opposition did not have enough votes to censure him on this, but it was clearly unacceptable to have the PM's wife buying up state assets and the Constitution is clear on this:

"Any State official shall not carry out the following acts:

being a party to or having interest in a contract made with a Government agency where such State official performs duties in the capacity as State official who has the power to conduct supervision, control, inspection or legal proceedings"

Now....if we look back we will know that he appeared in this case, because he was quite sure he would not be found guilty; he called into question the right of the court to question him; he alledgedly appeared to offer a bribe via his lawyers (3 of his lawyers were caught trying to bribe the judges) in the infamous pastrygate, and he genuinely likely believed that because his wife was the buyer, he was far enough away that he could ride out the trial bruised but not guilty; he also believed that since there were no other developers willing to say they were coerced not to bid, he could show that the state didn't really seem to be worse off as a result. Once he realized he would lose, he fled, and he further failed to appear for any of the other trials.

So he got convicted for this one, and the trials for the other ones can't start until he reappears, if ever. In this respect, he's like the Samut Prakarn godfather Vatana Asavahame (actually also a friend of Thaksin) who also faced similar trial with the corruption relating to the wastewater treatment plant land acquisition, where the very honest Vatana somehow managed to make enormous profits through buying the land that would end up within the plant then onselling to the govt - he was also stupid enough to let the trial begin before fleeing to Cambodia from memory, to avoid the 23 year sentence. His son more recently is well known for beating up his wife Janie, and is the first politician in a while to actually go to jail, 11/2 years I think is the term for election fraud.

So...first lesson of being a politician....have another passport ready so you can't be brought back to Thailand.

I don't fully understand his immunity... He was in Berlin, Germany when the bomb went off... Can be not be arrested there for Thai crimes?

Is having another passport made him untouchable everywhere else except Thailand ?

[resimi]

From earlier press report:

the graft investigation found that funds from the alleged fraudulent loans had been routed through Panthongtae Shinawatra's bank accounts. The prosecution has decided, however, not to try Panthongtae, who is not an office holder

http://www.nationmultimedia.com/homeThaksin-hit-with-court-case-over-KTB-loans-30184131.html

I wonder with the conviction and sentencing now of Viroj and others, if Oak Panthongthae's criminal involvement will picked up by the Criminal Court which oversees prosecutes of non-office holders.

.

Edited August 27, 2015 by resimi

[TallGuyJohninBKK]

So, they're going to serve 12 and 18 year sentences?? Hard to believe but good if it's true...

Just because there's no formal legal appear available after the Supreme Court's ruling, doesn't necessarily mean all these guys are actually going to serve their sentences.

There's always the prospect of official pardons.

Based on past news reports, there's also apparently some latitude given to the Department of Corrections to let people out before the completion of their actual sentences.

And then there's always the medical hardship claims, which seem at least to get influential people out of the ordinary prisons and into various kinds of hospitals, where they somehow seem to have a tendency to disappear thereafter.

[tuanku]

What is it with KTB and the people it employs?

On the same day as this lot get sent down for theft and corruption, we have a bank manager from the same bank nabbed for keeping slaves on a pig farm. Perhaps their HR branch should review their employment criteria - or do people with no morals make good bankers?

[cookee68]

The trial against former prime minister Thaksin Shinawatra, Defendant No.1, is temporarily suspended as he is in exile.

Really stupid question I know, has anyone ever considered trying him in absentia?

My thoughts exactly, like when they sentenced him to 2 years as an absentia

There is a significant difference between trial in absentia and sentencing in absentia.

It seems that for a trial to start the accused must have been to court at least once to acknowledge the charges and be able to say "not guilty" (or guilty if they feel like it). Then the trial can continue with the accused / defendant and his legal team present, or just his legal team present. Probably if an accused / defendant doesn't want to sent a legal team one will be appointed to him (with a bit more delay).

When the trial has been able to get started and assuming legal representation is not hindered, the trial can even conclude and lead to conviction and sentencing.

PS unlike a lot of posters here I'm not a legal expert. The above is my 'reasonably' informed opinion, but has no legal significance neither is it binding

Did Thaksin enter a court and give a plea before he received his 2 year absentia sentence, or did the government take it on their own back and went ahead, not to sure my self

[rubl]

The trial against former prime minister Thaksin Shinawatra, Defendant No.1, is temporarily suspended as he is in exile.

Really stupid question I know, has anyone ever considered trying him in absentia?

My thoughts exactly, like when they sentenced him to 2 years as an absentia

There is a significant difference between trial in absentia and sentencing in absentia.

It seems that for a trial to start the accused must have been to court at least once to acknowledge the charges and be able to say "not guilty" (or guilty if they feel like it). Then the trial can continue with the accused / defendant and his legal team present, or just his legal team present. Probably if an accused / defendant doesn't want to sent a legal team one will be appointed to him (with a bit more delay).

When the trial has been able to get started and assuming legal representation is not hindered, the trial can even conclude and lead to conviction and sentencing.

PS unlike a lot of posters here I'm not a legal expert. The above is my 'reasonably' informed opinion, but has no legal significance neither is it binding

Did Thaksin enter a court and give a plea before he received his 2 year absentia sentence, or did the government take it on their own back and went ahead, not to sure my self

'give a plea'? Not sure what you mean here. Thaksin had been formally charged and had acknowledged the charge with a 'not guilty'. Not sure Thaksin had been present during other sessions, but his legal team had been. Thaksin even had to formally ask for permission to go see the Olympic Games and got permission and his passport back on solemn promise to return immediately after the Games.

BTW the Somchai government did not do anything as this had nothing to do with the government.

[Denim]

Lucky for everyone who got numbers... Eh

8 billion baht scammed and they don't deserve to be named?

If I remember correctly , Sondhi Limongkul was one of the people who received a hefty handout from this bank

Absolutely wrong and libelous.

I was referring to this :

BANGKOK: -- The Appeals Court today sentenced media tycoon Sonthi Limthongkul to serve 85 years in prison after finding him guilty of breaching the Securities and Exchange Act on 17 occasions involving the 1.078 billion baht loan sought from Krung Thai bank since 1996-1997.

http://www.thaivisa.com/forum/topic/749657-court-of-appeals-sentences-sondhi-limthongkul-to-20-years-prison/#entry8210998

Also :

Viroj Nualkhair, Sondhi's former banker, replaced Sirin Nimmanhaeminda as president of the state-owned Krung Thai Bank.^[19] Under Viroj's management, the debt that Manager Group owed to Krung Thai Bank was reduced from Bt1.8 billion to THB 200 million.

https://en.wikipedia.org/wiki/Sondhi_Limthongkul