Returning the case file of the director of transnational fraud, appropriating more than 3.2 million USD

On December 5, Ho Chi Minh City People's Court opened the first instance trial of defendant Bui Quang Hai (Director of HBC International Trading Joint Stock Company) for the crime of "Fraudulent appropriation of property".

According to the prosecution, on July 24, 2020, as a representative of HBC Joint Stock Company, Mr. Hai signed a contract to buy and sell 1 million boxes of powder-free medical gloves with PDP Company (headquartered in Hong Kong).

After that, PDP Company transferred 30% deposit (more than 1.9 million USD) and contract addendum of 210 thousand USD to HBC Company's account.

On November 26, 2020, Mr. Hai continued to represent HBC Company to sign a contract to purchase 6,400 boxes of powder-free medical gloves with Company M (headquartered in Japan). Company M paid 512 thousand USD.

On November 27, 2020, HBC Company signed a contract to purchase 6,400 boxes of powder-free medical gloves with Company R (headquartered in the US). Company R paid 607 thousand USD.

After signing the contract and receiving the money, HBC Company did not produce or search for sources of goods to deliver medical gloves, did not refund the money, but instead appropriated more than 3.2 million USD (equivalent to more than 75 billion VND) from the above 3 companies.

Suspecting that Mr. Hai's company was unable to supply medical gloves and provided false information to appropriate money, the three companies authorized a law firm to report to the police.

At the investigation agency, Mr. Hai stated that through a broker, HBC Company contacted the above company to sign a contract to buy and sell medical gloves. When the money was transferred, Mr. Hai directly signed the cash withdrawal and payment authorization. After that, Ms. Nguyen Thi Thu Ha (the company's treasurer) went to the bank to withdraw cash at the request of Mr. Do Trung Duong.

Ms. Ha stated that after withdrawing the money, she did not give it to Mr. Hai but transferred the money as directed by Mr. Duong. Ms. Ha stated that she did not know the content of the glove purchase contract of HBC Company; she did not have any contact with these companies.

According to the testimony of defendant Hai and Ms. Ha, Mr. Duong was the person who operated and directed the activities of HBC Company; directed the transfer and receipt of money from HBC Company's bank accounts. In fact, Mr. Duong's accounts received money, consistent with the results of HBC Company's bank verification and Ms. Ha's testimony.

However, Mr. Duong stated that the money that Ms. Ha deposited into his account was Mr. Hai's capital contribution to invest in a land project in Vung Tau. In addition, Mr. Duong and Hai had a relationship of borrowing money back and forth, but it had been a long time so he could not remember the total amount.

Mr. Duong also affirmed that he has no shares, is not a shareholder, does not manage or operate HBC Company; did not sign an agreement to buy and sell gloves and did not know that Mr. Hai represented HBC Company to buy and sell medical gloves.

However, at today’s trial, the defendant Hai’s family submitted a number of documents and evidence showing that Mr. Duong was involved in the case. Therefore, after deliberation, the panel of judges decided to return the case file and request further investigation.