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SEC files a criminal complaint against three offenders for operating securities business without license



Thursday 28 January 2021 | No. 17 / 2021


Bangkok, 28 January – The Securities and Exchange Commission (SEC) files a criminal complaint with the Economic Crime Suppression Division of the Royal Thai Police (ECSD) against three offenders, namely (1) Devere & Partners (Thailand) Ltd., (2) Broadgate Mutual Fund Brokerage Securities (Thailand) Co., Ltd. (Broadgate) (current name: Broadgate (Thailand) Co., Ltd.), and (3) Mr. Fredrick Ian McIntyre, Managing Director of both companies, for operating securities business without license.

Following a tip from a reliable source and SEC’s further inspection, SEC finds that Devere & Partners and Mr. Ian Mcintyre had operated securities brokerage and investment advisory businesses without license. There is evidence of their illegal activities, such as records of investment advice rendering to clients, records of clients’ trading executions, details of clients’ trading transactions, name and contact address of clients in Thailand, records of their meeting with clients, lists of tradable securities, and records of investment fees charged on clients. SEC also finds that Broadgate aided and abetted Devere & Partners and Mr. Ian McIntyre by allowing them to use the name and email of Broadgate for undertaking such unlicensed business.

Actions of the three persons above violated Section 90 of the Securities and Exchange Act B.E. 2535 (1992) (SEA) which states that no person shall undertake securities business without license. Violator of Section 90 is subject to penalties under Section 289 of the SEA, namely imprisonment for a term of 2 to 5 years and a fine from 200,000 to 500,000 baht, and a further fine not exceeding 10,000 baht for every day during which the contravention continues. Therefore, SEC has filed a criminal complaint against all three persons with ECSD. In this regard, any person affected from such unlicensed activities should call ECD at 0-2237-7535 to provide additional information for further investigation and legal action.  

Please be informed that filing a criminal complaint is merely the commencement of the criminal procedure whereby the inquiry official will perform an investigation before recommending case to the public attorney who has authority for prosecution. The power to adjudicate whether any person is guilty or not is, however, vested on the court of justice.  

SEC strongly advises persons who are interested in securities investment to be cautious and shall deal in investments only with properly licensed intermediaries. Investors can check whether the soliciting entities are legally licensed or registered to provide services in the capital market at www.sec.or.th under the topic SEC Check First and SEC Check First mobile application. For inquiries or complaints, please call SEC Help Center Hotline at 1207 or send an email to complain@sec.or.th.

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