vasudev Posted March 10, 2016 Share Posted March 10, 2016 hi, i have a case against me for running a 2 million baht company with fake thai nominees( shareholders).i am going to court soon, does anyone knows the penalty ? has anyone been to case like this? Link to comment Share on other sites More sharing options...
ubonjoe Posted March 10, 2016 Share Posted March 10, 2016 Not visa related. Moved to the business forum. Link to comment Share on other sites More sharing options...
Colabamumbai Posted March 10, 2016 Share Posted March 10, 2016 Well they stopped the death penalty a few years ago in Thailand. Link to comment Share on other sites More sharing options...
Bobotie Posted March 10, 2016 Share Posted March 10, 2016 3 to 5 years in the monkeyhouse and/or fine of thb 6000 to 10,000 or both Link to comment Share on other sites More sharing options...
daviddabit Posted March 10, 2016 Share Posted March 10, 2016 hi, i have a case against me for running a 2 million baht company with fake thai nominees( shareholders).i am going to court soon, does anyone knows the penalty ? has anyone been to case like this? What did your lawyer told you? He should be able to answer you this better ..Hope everything is going to be fine for you.. Take care Link to comment Share on other sites More sharing options...
vasudev Posted March 10, 2016 Author Share Posted March 10, 2016 hi, i have a case against me for running a 2 million baht company with fake thai nominees( shareholders).i am going to court soon, does anyone knows the penalty ? has anyone been to case like this? What did your lawyer told you? He should be able to answer you this better ..Hope everything is going to be fine for you.. Take care Link to comment Share on other sites More sharing options...
vasudev Posted March 10, 2016 Author Share Posted March 10, 2016 eyeryone is telling fine of few thousands bucks but i m very worried as i have my widow 75yrs mother staying with me too Link to comment Share on other sites More sharing options...
daviddabit Posted March 10, 2016 Share Posted March 10, 2016 eyeryone is telling fine of few thousands bucks but i m very worried as i have my widow 75yrs mother staying with me too Sorry to hear that. I think 'everyone' is irrelevant provided they are lawyer and have experience in this. You should be worry if your lawyer are not able to advise you in this .... What about finding another lawyer .. Especially those with experience handling cases like this. Link to comment Share on other sites More sharing options...
Bobotie Posted March 10, 2016 Share Posted March 10, 2016 eyeryone is telling fine of few thousands bucks but i m very worried as i have my widow 75yrs mother staying with me tooSorry to hear that. I think 'everyone' is irrelevant provided they are lawyer and have experience in this. You should be worry if your lawyer are not able to advise you in this .... What about finding another lawyer .. Especially those with experience handling cases like this. Maybe all one has to do is look in the Thai penal code under fraud and its in black and white....3 to 5 years monkey house, 6000 to 10000 fine as maxiumum sentence...one doesnt need to be an experienced lawyer one just needs a basic grasp of the English language to glean this information Link to comment Share on other sites More sharing options...
sunnyjim5 Posted March 10, 2016 Share Posted March 10, 2016 Penalty's will include a fine and/or imprisonment/deportation. A guilty plea (if you are guilty) may result in a reduced sentence . You should be directing your questions to your lawyer. Link to comment Share on other sites More sharing options...
docshock13 Posted March 10, 2016 Share Posted March 10, 2016 Get a lawyer. If you have one, get a new one. As he/she does not have your best interests at heart if you are seeking legal advice from a news/visa forum. Link to comment Share on other sites More sharing options...
docshock13 Posted March 10, 2016 Share Posted March 10, 2016 Get a lawyer. If you have one, get a new one. As he/she does not have your best interests at heart if you are seeking legal advice from a news/visa forum. Link to comment Share on other sites More sharing options...
NickJ Posted March 10, 2016 Share Posted March 10, 2016 Bad lawyer to begin with.......nominess work for the lawyer in most cases and if he is on the ball he keeps them current and updated as the nominees id cards get outdated.....nominees are stupid in the long run as you as MD can vote you contoling share block anyways....accountants and lawyers here get lazy.......b4 court set it up right......keep a signed transfer of shares undated with you at all times make them do there job....... Link to comment Share on other sites More sharing options...
Suradit69 Posted March 10, 2016 Share Posted March 10, 2016 Get a lawyer. If you have one, get a new one. As he/she does not have your best interests at heart if you are seeking legal advice from a news/visa forum. He's not seeking legal advice regarding his defense. He's asking if anyone else has gone through a similar situation and asking for potential consequences. He more or less admitted he did the deed since he refers to a "fake nominee." If he did consult a lawyer in arranging the deal, then he's already been given poor advice ... potentially he could offer some mitigating defense based on the advice, but ultimately the decision to go ahead was his and it sounds like he knew what he was doing was inappropriate. Better to spend some money on a lawyer from a quality law firm and bring along any documentation he has that was arranged by his original lawyer. Sorry that he has a dependent 75 year old mother, but maybe that should have been a consideration before getting into this mess. Link to comment Share on other sites More sharing options...
jaapfries Posted March 10, 2016 Share Posted March 10, 2016 Vasudev: where in Thailand are you located ? Link to comment Share on other sites More sharing options...
colinneil Posted March 11, 2016 Share Posted March 11, 2016 I cannot help regarding sentence. It is usual in court in Thailand plead guilty sentence with be halved. Link to comment Share on other sites More sharing options...
vasudev Posted March 11, 2016 Author Share Posted March 11, 2016 Vasudev: where in Thailand are you located ? huahin. Link to comment Share on other sites More sharing options...
vasudev Posted March 11, 2016 Author Share Posted March 11, 2016 I cannot help regarding sentence. It is usual in court in Thailand plead guilty sentence with be halved. i have already admitted myself guilty Link to comment Share on other sites More sharing options...
mango66 Posted March 11, 2016 Share Posted March 11, 2016 eyeryone is telling fine of few thousands bucks but i m very worried as i have my widow 75yrs mother staying with me too take her with you in the Hilton, than you will have to stay only half the time you get ! Link to comment Share on other sites More sharing options...
al007 Posted March 11, 2016 Share Posted March 11, 2016 The legal system here, is shall we say different, and no Jury, can be dependent on one judge alone, and he might not like your shoe colour Many like Thaksin choose to leave rather than rot in jail, and as I understand it, no reasonable person wants jail here, UK executive jails are maybe ok but not here Try to plea bargain from outside country, loose assets yes but jail no Sounds like you need to get relative out for medical treatment, and sensibly not come back Actions not words Link to comment Share on other sites More sharing options...
thhMan Posted March 11, 2016 Share Posted March 11, 2016 I wonder if you are one of those people who condemned people for overstaying, some of which had to do so due to unforseen circumstances.Its not an attack, just pointing out that sometimes things dont always work out the way we want and we get stuck in a bind.... Anyway.... I suggest you seek legal advise from a reputable company...PM me if you need suggestions... other than that, look through this forum and find someone who you think can take your case on Link to comment Share on other sites More sharing options...
DonaldBattles Posted March 11, 2016 Share Posted March 11, 2016 There are thousands of nominee share holders in farang companies in Thailand. The jails are not large enough to hold 20,000 people for this crime. The fact that you pleaded guilty means that you have created a big problem for yourself without seeking competent legal advice. Link to comment Share on other sites More sharing options...
RigPig Posted March 11, 2016 Share Posted March 11, 2016 eyeryone is telling fine of few thousands bucks but i m very worried as i have my widow 75yrs mother staying with me too There are a lot of strange people in Pattaya, maybe she could get a job in a bar to help out..... WHY did you even mention that it has NOTHING to do with your lack of business sense!!! Link to comment Share on other sites More sharing options...
mrfaroukh Posted March 11, 2016 Share Posted March 11, 2016 I heard sometime back the new government is going to close the lop holes for creating the fake company to be able to buy land or house. They were talking about asking people to show what the company was doing all these years and where is the account etc. May be you could loose the house or land if this is what you have created the fake company for. If it is business related then all these years you have probably paid up someone to keep quite and also you not paid the tax etc for your suppose to be 4 Thai employee . So hope all goes well. What they do , I have no idea. May be you should contact the lawyer in one of the expats club as they should be professional in this kind of problems. Link to comment Share on other sites More sharing options...
rethaier Posted March 11, 2016 Share Posted March 11, 2016 Sorry but you are obviously a devious person who tried to circumvent the law and therefore you deserve whatever the penalty is. Suck it up. No sympathy here. Link to comment Share on other sites More sharing options...
SOUTHERNSTAR Posted March 11, 2016 Share Posted March 11, 2016 Sorry but you are obviously a devious person who tried to circumvent the law and therefore you deserve whatever the penalty is. Suck it up. No sympathy here. Remember your words next time when you break the speed limit. jay walk, use a prostitute, DUI or break any "small" law, because then you are the same as him. Link to comment Share on other sites More sharing options...
Naam Posted March 11, 2016 Share Posted March 11, 2016 Sorry but you are obviously a devious person who tried to circumvent the law and therefore you deserve whatever the penalty is. Suck it up. No sympathy here. there is hardly any topic without these kind of comments from the "holier than thou" brigade Link to comment Share on other sites More sharing options...
Robert24 Posted March 11, 2016 Share Posted March 11, 2016 Recommend you speak to a lawyer. But basically it sounds like a real 'nominee' company and not a fake one. i guess a fake one would be a company that doesn't exist and was never registered. Most nominee companies are real companies that are registered, do annual tax returns etc, they are called 'nominee' because their only purpose is to be able to purchase land and the Thai shareholders neither have contributed to it nor do they have any decision authority. Link to comment Share on other sites More sharing options...
Naam Posted March 11, 2016 Share Posted March 11, 2016 I heard sometime back the new government is going to close the lop holes for creating the fake company to be able to buy land or house. They were talking about asking people to show what the company was doing all these years and where is the account etc. May be you could loose the house or land if this is what you have created the fake company for. If it is business related then all these years you have probably paid up someone to keep quite and also you not paid the tax etc for your suppose to be 4 Thai employee . So hope all goes well. What they do , I have no idea. May be you should contact the lawyer in one of the expats club as they should be professional in this kind of problems. if you have no idea why do you spread your wild theories based on "I heard some time back"? Link to comment Share on other sites More sharing options...
Halfaboy Posted March 11, 2016 Share Posted March 11, 2016 This should not be the first businessman with this problem. Anybody remembers how previous cases ended ? Link to comment Share on other sites More sharing options...
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