Sentencing of the remaining 85 defendants in the Van Thinh Phat case

Defendant Truong My Lan (former Chairwoman of the Board of Directors of Van Thinh Phat Group Joint Stock Company) received the death penalty, the remaining 85 defendants received sentences ranging from 3 years of suspended imprisonment to life imprisonment.

The Trial Panel announced that the five defendants who are wanted include: Nguyen Lam Anh Vu (former Deputy Director of Ben Thanh Branch of SCB Bank), Tram Thich Ton (former member of the Board of Directors of SCB), Chiem Minh Dung (former Deputy General Director of SCB), Nguyen Thi Thu Suong (former Chairman of the Board of Directors of SCB) and Dinh Van Thanh (former Chairman of the Board of Directors of SCB). After the decision to bring the case to trial, the Investigation Agency served the decision and announced on the mass media, requesting the defendants to surrender to receive leniency. However, the defendants were still absent, thus giving up their right to defend their rights. The Trial Panel still created conditions for lawyers to access the files and participate in defending the defendants. The trial in absentia of the defendants did not hinder the trial process.

The defendants Dinh Van Thanh (former Chairman of the Board of Directors of SCB Bank, currently on the run); Vo Tan Hoang Van (former General Director of SCB Bank); Bui Anh Dung (former Chairman of the Board of Directors of SCB Bank) were sentenced to life in prison for “Embezzlement of property” and “Violation of regulations on banking activities and other activities related to banking activities”. The defendant Ta Chieu Trung (former General Director of Viet Vinh Phu Finance Joint Stock Company, former member of the Board of Directors of SCB Bank) was sentenced to 14 years in prison for “Embezzlement of property”, 6 years in prison for “Violation of regulations on lending in the activities of credit institutions”, a total of 20 years in prison.

The four remaining defendants who escaped include: Chiem Minh Dung received a sentence of 17 years in prison, Tram Thich Ton received a sentence of 16 years in prison, Nguyen Lam Anh Vu received a sentence of 13 years in prison, and Nguyen Thi Thu Suong received a sentence of 17 years in prison, all for the crime of "Violating regulations on banking activities and other activities related to banking activities".

Defendant Truong Hue Van, former General Director of Van Thinh Phat Group Joint Stock Company, former General Director of Windsor Real Estate Management Group Company, niece of defendant Truong My Lan, was sentenced to 17 years in prison for the crime of “embezzlement of property”. Defendant Chu Lap Co, former Chairman of the Board of Directors of Times Square Investment Joint Stock Company, husband of defendant Truong My Lan, was sentenced to 9 years in prison for the crime of “violating regulations on banking activities and other activities related to banking activities”.

The group of defendants, former leaders and employees of SCB Bank, received sentences ranging from 3 years of suspended imprisonment to 14 years of imprisonment. Of these, defendant Do Phu Huy (former Chairman of the Business and Investment Committee of SCB Bank) was sentenced to 14 years of imprisonment, defendant Nguyen Van Thanh Hai (former Vice Chairman of the Board of Directors of SCB Bank) was sentenced to 13 years of imprisonment, defendant Mai Hong Chin (former Director of the Re-evaluation Department of the Re-evaluation Block of SCB Bank) received a sentence of 10 years of imprisonment, defendant Uong Van Ngoc An (former General Director, Vice Chairman of the Board of Directors of SCB Bank) received a sentence of 3 years of imprisonment but was given a suspended sentence, and was released immediately at the trial...

Regarding the group of defendants who are former State Bank officials, according to the Trial Panel, during the inspection at SCB, the defendants in the inspection team repeatedly received money and gifts from SCB to cover up violations according to SCB's proposals and recommendations. The reports proposed dishonest and incomplete inspection results and the draft inspection conclusions were not objective and illegal. The defendants' actions at the inspection agency resulted in superior agencies not having enough information and documents to direct the handling of SCB's violations. This created conditions for SCB to continue implementing the restructuring project and defendant Truong My Lan directed the withdrawal of money, causing damage to SCB.

As for defendant Do Thi Nhan, former Director of the Banking Inspection and Supervision Department II (Department II), Banking Inspection and Supervision Agency, State Bank, the Trial Panel believes that during the inspection process, defendant Nhan knew clearly that Truong My Lan held all the power to manage SCB, so she met Lan twice privately through Vo Tan Hoang Van to discuss contents related to the inspection.

From here, Nhan received 5.2 million USD from Lan through Van, then concealed, reported dishonestly, and incompletely the violations of SCB in the inspection results to help this bank avoid being put under special control, thereby continuing to propose and propose creating conditions for SCB to be restructured.

In court, defendant Nhan stated that the reason for receiving 5.2 million USD was to protect the safety of his family because when giving the money, Vo Tan Hoang Van had threatened him with his attitude and words. Afterwards, the defendant repeatedly wanted to return the money to Van but was not able to. However, the Trial Panel found Nhan's statement "unfounded" because the defendant received the money over a long period of time, met Vo Tan Hoang Van many times to receive the money, and the defendant even gave him the house password so Van could bring the money into the defendant's house.

The remaining defendants in the inspection team, including Nguyen Van Hung, Nguyen Thi Phung, Vu Khanh Linh, Nguyen Tuan Anh, Bui Tuan Khoa, Vuong Do Anh Tuan, Tran Van Tuan, Le Thanh Ha, Nguyen Van Thuy, Truong Viet Hung and Nguyen Duy Phuong, did not know that defendant Do Thi Nhan met, negotiated and received money from SCB as above, so they were not prosecuted for the same crime of "Receiving bribes" as Nhan.

The trial panel determined that the defendants in the inspection team, for personal gain, directed and prepared dishonest and incomplete reports, covering up SCB's violations. This led to the failure to promptly prevent Truong My Lan and her accomplices from illegally withdrawing and using SCB's money, causing extremely large losses to the bank.

On that basis, the Trial Panel sentenced defendant Do Thi Nhan to life in prison. Defendant Nguyen Van Hung (former Deputy Chief Inspector in charge of the Banking Inspection and Supervision Agency, State Bank) received an 11-year prison sentence for "Abusing position and power while performing official duties". Defendants Nguyen Thi Phung (former Deputy Director of the Banking Inspection and Supervision Department II) received a 4-year prison sentence, Bui Tuan Khoa (former Deputy Director of the Banking Inspection and Supervision Department II) received a 3-year prison sentence, and Vuong Do Anh Tuan (former Head of the Inspection Department of the Banking Inspection and Supervision Department II) received a 3-year suspended sentence. The remaining defendants in the inspection team received sentences ranging from 3 years suspended to 7 years in prison.

Regarding defendant Nguyen Cao Tri, former Chairman of the Board of Directors of Van Lang Education Investment and Management Joint Stock Company, former Chairman of the Board of Directors and General Director of Capella Group, the Trial Panel determined that during the trial, he admitted to all criminal acts of appropriating 1,000 billion VND from defendant Truong My Lan, consistent with the evidence in the case file, the testimony of the victim and related people.

Defendant Nguyen Cao Tri also had many mitigating circumstances such as: During the investigation, he confessed honestly, repented; together with his family, he voluntarily recovered more than 700 billion VND in cash, seized 6 assets to ensure the execution of the judgment for the remaining amount... and the victim Truong My Lan asked for leniency for the defendant. Therefore, the Trial Panel sentenced defendant Nguyen Cao Tri to 8 years in prison for the crime of "Abuse of trust to appropriate property".

Regarding civil liability, the Trial Panel based on the opinions of the relevant parties, the results of the debate at the trial and the documents and evidence in the case file, and based on the principle of favoring the defendants, concluded that the defendants must bear criminal liability of VND 498,000 billion. However, considering that the nature of the money was used or directed by the defendant Truong My Lan, while the other defendants only worked for wages and followed instructions to sign loan contracts for Lan, the Trial Panel declared that the defendant Truong My Lan must fully compensate the outstanding debt of 1,284 loans to SCB with a total amount of more than VND 677,000 billion and interest before October 17, 2022. Regarding the interest calculated after October 17, 2022, due to the nature of the loan not being implemented in accordance with legal regulations, the Trial Panel did not consider it.

The Trial Panel considered the request for defendant Nguyen Cao Tri to pay 1,000 billion VND, and defendant Duong Tan Truoc (former General Director of Tuong Viet Company) to pay more than 1,200 billion VND to SCB to deduct the compensation obligation of defendant Lan. The amount of 1,000 billion VND that defendant Truong My Lan received from defendant Nguyen Cao Tri and requested to transfer to her husband and niece to pay to remedy the consequences was not recorded. Instead, this amount will be transferred to SCB Bank to remedy the consequences of the case.

The amount of 5.2 million USD that defendant Do Thi Nhan returned to Truong My Lan must be recovered and returned to the State budget. In addition, the amount that other defendants voluntarily paid to remedy the consequences will be transferred to SCB Bank; this amount will be deducted from the civil liability of defendant Truong My Lan. The Trial Panel acknowledges the defendants' voluntary remedy of the consequences.