Earlier, the Civil Sanction Committee decided to impose civil penalties against
the 40 offenders for manipulating AJD shares* but they either failed to
acknowledge or refused to comply with the civil sanction imposed by the Civil
Sanction Committee. It was then considered that the 40 offenders refused to
extinguish the case with the SEC. Therefore, the SEC requested the public
prosecutor to bring the case against all offenders for the Civil Court to impose
the highest civil sanction allowed by law in the form of civil penalty at the
total amount of 2,303,065,651.33 million baht.
The details of the civil penalties are
as follows:
The civil penalty of 105,900,976.25 baht was imposed on each
of the following offenders:
(1) Mr. Amorn Meemano, (2) Miss Chinda Meemano, (3) Miss
Jintana Meemano, (4) Mrs. Nasika Meemanonuns, (5) Mrs. Sopa Kulsirorat, (6) Mrs.
Jetsupa Nattapruk, (7) Miss Natnicha Suntivarakom, and (8) Mr. Chai Junwikul.
The civil
penalty of 40,803,673.33 baht was imposed on each of the following offenders:
(9) Mr.
Pipat Patiwetphinyo, (10) Miss Wanida Wasiphanphong, (11) Miss Surawee
Wasiphanphong, (12) Mrs. Somjai Wasiphanphong, (13) Mr. Jatuwat Wasiphanphong,
(14) Mr. Kriengkai Wasiphanphong, (15) Mr. Surachet Wasiphanphong, (16) Miss
Piyothorn Kolkitchaiwan, and (17) Miss Thanyaluck Deevongkij.
Civil penalties
of different amounts were imposed on each of the following offenders:
(18) Miss
Jintana Saengpongpittaya (31,398,416 baht), (19) Mr. Chot-anant Saengpongpittaya
(139,105,840 baht), (20) Mr. Yongyuth Saengpongpittaya (34,335,284 baht), (21)
Mr. Visarn Lorthongpaisan (43,173,066 baht), (22) Mrs. Panida Taychakhoonavut
(34,176,356 baht), (23) Mr. Waraphong Seungrungchote (11,390,000 baht), (24)
Mrs. Jenjira Sakunpinchong (13,502,540 baht), (25) Mrs. Thanida Thansoontaradej
(13,799,074 baht), (26) Miss Nannapat Adchamarnwra (77,791,746 baht), (27) Mr.
Mana Sombunwiwat (7,492,400 baht), (28) Miss Siriporn Somboonwiwat (22,965,500
baht), (29) Mrs. Pimjai Phetpakdeechai (7,388,648 baht), (30) Miss Wichittra
Phetpakdeechai (11,147,520 baht), (31) Mr. Suchat Watnasirichaikul (18,713,420
baht), (32) Mr. Fu Nan (39,432,070 baht), (33) Mr. Dong Zhang (9,823,522 baht),
(34) Miss Piyada Kolkitchaiwan (28,641,624 baht), (35) Mr. Soonthorn Deevongkil
(212,951,974 baht), (36) Mr. Kraisorn Chatlekavanich (20,938,934 baht), (37) Mr.
Woravut Phaopraphan (26,666,366 baht), (38) Mr. Veera Vanaritikul (48,382,540
baht), (39) Miss Thawalrat Thitiwatkamol (235,074,608 baht) and (40) Mr.
Thanachart Siriphanukhema (333,333.33 baht).
In addition, due to the fact that Amorn,
Pipat and Nasika held the position of director and/or executive of AJD at the
time of committing offenses and were imposed with a civil penalty by the Civil
Sanction Committee, they have become persons having untrustworthy
characteristics for holding the position of company director and executive
pursuant to the Notification of the Securities and Exchange Commission.** The
SEC has therefore banned the three persons from holding such positions at any
securities issuing company and listed company for a period of three years each,
which is the longest period allowed by the Notification, starting from 22 March
2019.
The SEC has
reported the proceedings in this case for the AMLO to consider taking further
action because the offense related to unfair securities trading activities is a
predicate offense pursuant to the Anti-money Laudering Act B.E. 2542 (1999).
___________________________________
Remarks:
* SEC News No. 173/2018 published on 27
December 2018.
** The untrustworthy characteristics of persons in
securities issuing companies and listed companies and the regulations for
removal of such persons are specified in Clause 3(2), Clause 5(2) and Clause
6(2) of the Notification of the Securities and Exchange Commission No. Kor Jor.
3/2560 Re: Determination of Untrustworthy Characteristics of Company Directors
and Executives dated 23 January 2017.