Director-General of the Prosecutor of the Office of Special Cases reveals that in the STARK case, victims can exercise their right to request a refund through AMLO within 90 days, in proportion to the damage each person received. Because the damages from the fraud were 14,000 million baht, but the assets that were temporarily frozen were over 3,000 million baht and the court scheduled an examination of evidence on June 10.
On April 29, 2024 at the Attorney General's Office, Ratchada Building, Mr. Wirun Chanthananan, Director General of the Special Cases Office Announcing the progress of the Stark stock fraud case of 14,000 million baht, he said that in the case file, further inspections and actions regarding assets were made. According to the law on prevention and suppression of money laundering Prosecuting Mr. Chanin Yensudjai, former CEO of STARK, and others on charges of defrauding the public of Stark stocks. The AMLO office has previously submitted a file on the Stark stock case. to the Special Prosecutor's Office to request that they submit a petition to the court to order the confiscation of 16 items of property related to the commission of offenses, valued at 355 million baht, in the underlying offenses related to the case that are the underlying offenses related to with fraud on the public Embezzlement or fraud or fraudulent acts according to the law governing financial institution business. and misappropriation of property in the nature of normal business By behavior related to the preparation of false accounts or financial statements to have a value that is much higher than reality until people are convinced to invest Initially, the wages were high as was actually advertised. But when there were many investors coming in, they were unable to receive compensation as claimed. Because there was no profit as the accused person had suggested. in the case that was submitted for the first time The public prosecutor has submitted a request to the court to order that the assets related to the aforementioned offense be transferred to the state. The case is currently under consideration by the Civil Court according to case number F.14/2024.
The property related to the offense that is requested to be temporarily seized and asked to be forfeited to the state at that time, there were 16 items worth 355 million baht, which the special case prosecutor In his capacity as the Director-General of the Prosecutor of the Special Cases Office, he ordered the establishment of a committee. and allow the committee to jointly consider and prosecute cases in court
Until recently, on April 23, the AMLO office sent various documents and evidence. The same case was added to our Special Cases Office. This is because it is possible to inspect and find additional assets related to the commission of offenses on the same basis in the same circumstances. And the Transactions Committee of the AMLO Office ordered the temporary seizure on February 13, 2024, totaling 14 items, amounting to 2,890 million baht when including assets in the original case and those submitted. The total additional amount is 3,245 million baht, but in reality, it is the damages that the victims were defrauded from such basic offenses. It is an amount of more than 14,000 million baht.
In his capacity as Director General of the Prosecutor of the Special Cases Office Therefore, there was an order to send additional matters along with additional documents and evidence to the original working committee. To consider the submission of a petition for the court to order the temporarily held assets to belong to the state within a period of 90 days from the date of the order to stop the temporary sequestration according to law. The Special Prosecutor must consider and file the complaint within 12 May 2024.
As for whether it is a good sign for the victims who have the opportunity to get their assets back or not, it is said that the Anti-Money Laundering Act An additional amendment has been made to allow victims to exercise their right to request a refund of the amount of damage they received through the AMLO office within 90 days from the date of the announcement in the Royal Gazette after the temporary seizure of assets. The AMLO office will consider how much damage the victims received. and request that the prosecutor of our Special Cases Office return the money to the victims in the proportion that each victim will receive according to the amount of their damages. This channel must be submitted within 90 days as specified.
The reporter asked: The case has a lot of documents. What will you do if you don't submit it in time? Mr. Wirun said that if you don't have time to submit it in time at the AMLO office, the injured person can submit it directly through the court. How can a person who has suffered damage apply to the court once the court has issued an order? If the court orders the return to any victims, how much will it be? After that, when the case is finished, the AMLO office will refund the amount in proportion to the damages that each person received. After the case is finalized, damages will be refunded.
In the case where the seizure of property is not possible in full amount of damages, it must be divided according to the rate. The prosecutor was aware of these things and had to expedite the process of submitting a petition to the court. Whether it is asking to belong to the land or to return it quickly to the victims as requested for rights protection through the AMLO office.
For this case, due to the damages that were fraudulently or committing the said primary offense is approximately 14,000 million baht, but the assets temporarily seized from those accused of committing the primary offense total in the two AMLO and prosecutor's cases amounting to over 3,000 million baht, with another 10,000 million still missing. baht, if we assume that the AMLO office inspects and finds additional assets related to the commission of crimes. You will be able to process the same as the last time you sent additional documents. To request the prosecutor from the Special Cases Office to submit a request to the court to allow the property to belong to the state again.
As for the Stark criminal case, the Special Prosecutor has now filed a complaint against the accused as a defendant with the court. The evidence examination is scheduled for June 10, 2024. After that, the court and the litigants will make an appointment to examine the plaintiff's witnesses and the defendant's witnesses. which in both criminal cases and money laundering cases involving asset confiscation or requesting compensation for the injured person, it will be considered separately for each part in criminal cases and actions related to property.
