Prosecution of Van Thinh Phat Chairman Truong My Lan and 85 accomplices
According to Vietnamnet•December 15, 2023 14:42
Regarding the case that occurred at Van Thinh Phat Group, SCB Bank and related units and organizations, the Supreme People's Procuracy has just issued an indictment to prosecute Ms. Truong My Lan and 85 other defendants.
86 people were prosecuted for the crimes of “Embezzlement of property”; “Violation of regulations on banking activities and other activities related to banking activities”; “Giving bribes”; “Receiving bribes”; “Abusing positions and powers while performing official duties”; “Lack of responsibility causing serious consequences” and “Abuse of trust to appropriate property”.
In which, defendant Truong My Lan was prosecuted for the crimes of "Embezzlement of property", "Bribery", stipulated in Clause 4, Article 353; Clause 4, Article 364 of the 2015 Penal Code, amended and supplemented in 2017 and the crime of "Violating regulations on lending in the activities of credit institutions", stipulated in Clause 3, Article 179 of the 1999 Penal Code.
Ms. Truong My Lan
According to the accusation, from 2012 to October 2022, Ms. Truong My Lan acquired and practically held almost all of SCB Bank's shares (from 85% to 91.5% of shares), thereby becoming a "powerful" shareholder. Ms. Lan used her power to direct, operate, and essentially manipulate all of SCB's operations to serve her various purposes.
Ms. Truong My Lan and many accomplices carried out a series of acts including: Selecting and arranging her trusted personnel to key positions at SCB Bank; establishing a number of units under SCB specializing in lending and disbursing according to Ms. Lan's requests; establishing and using thousands of "ghost" companies, hiring many individuals; colluding with individuals who are leaders of many related businesses to commit crimes.
Ms. Truong My Lan and her accomplices also colluded with many valuation companies to inflate the value of collateral; created a large number of fake loan applications to withdraw money from SCB Bank; devised plans to withdraw money, "cut off" cash flow after disbursement; sold bad debts, sold deferred credit loans to reduce credit balance, reduce bad debts, to conceal violations; bribed and influenced people with positions and powers in State agencies to violate their duties.
Since then, Ms. Truong My Lan and her accomplices, in different positions and roles, have committed many crimes infringing on property, infringing on the operations of the Bank, and the proper operations of State Agencies, in which many crimes were committed in the form of organized complicity, with sophisticated and cunning tricks, causing particularly serious consequences, appropriating and causing particularly large amounts of damage.
The allegation is that from January 1, 2012 to October 7, 2022, the Chairman of Van Thinh Phat Group created a large number of fake loan applications to withdraw exceptionally large sums of money.
Specifically, from January 1, 2012 to December 31, 2017, Ms. Truong My Lan directed the creation of 368 fake loan applications to withdraw money from SCB Bank for various purposes. As of October 17, 2022, the outstanding debt was VND 132,247 billion, with no possibility of recovery.
Truong My Lan's actions caused damage to SCB Bank of more than 64,621 billion VND.
From February 9, 2018 to October 7, 2022, Ms. Truong My Lan directed the creation of 916 fake loan applications, appropriating more than VND 304,096 billion from SCB Bank, causing a loss of more than VND 129,372 billion.
The indictment stated that Ms. Truong My Lan and her accomplices committed the crime over a long period of time, while the Penal Code had fundamental changes in its handling policies before and after January 1, 2018.
According to the provisions of the 1999 Penal Code, the 2015 Penal Code and Resolution No. 41 dated June 20, 2017 of the National Assembly on the implementation of the 2015 Penal Code, amended and supplemented in 2017, effective at the time of committing the crime, then: Crimes occurring before January 1, 2018 shall be handled according to the corresponding articles and clauses (Article 179) of the 1999 Penal Code;
Criminal acts occurring after January 1, 2018 will be handled according to the articles and clauses (Article 353, Article 206) of the 2015 Penal Code, taking into account the principle of benefiting the accused.
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