The criminal complaint was imposed on two former GGC director and executive, namely (1) Mr.Jirawat Nooritanon, Managing Director at the time of the offense (during 2014 – 2018), and (2) Mr.Wanlop Thianthong, Vice President, Marketing, Commercial and Supply at the time of the offense, on account of failing to perform duties with responsibility, due care and loyalty as director or executive of subsidiary and listed company, which was deemed dishonest act causing damage to GGC. They committed the offense with nine associates who were raw material distributors, namely (3) Anatta Green Co., Ltd. (currently named Thai Bio Innovation Co., Ltd.), (4) Mr.Pollapat Srivisanwong, (5) Isan Palm Industry Development Co., Ltd., (6) Unity Palm Oil Co., Ltd., (7) Mr. Borom  Engchuan, (8) GI Green Palm Oil CO., LTD., (9) Mrs. Tanipa  Puangjumpa, (10) OPG Tech CO., LTD., and (11) Mr. Zait  Pattanamas.

The 11 offenders colluded to let GGC purchase raw materials and make the full payment to the distributors when in fact GGC received only partial or no delivery of the raw materials. Nevertheless, it was recorded in the company’s accounting system that the raw materials were fully delivered. In addition, there was a case of raw material delivery for distillation but in fact the raw materials were not distilled at all. Such dishonest acts caused damage to GGC at the total value of 2,157 million baht.
 
The acts of the 11 persons above, namely GGC former director and executive and their associates, were liable to offenses under Paragraph 2 of Section 281/2, in conjunction with Section 89/24, Section 89/7, Section 307, Section 311, Section 312, Section 313, Section 315 of the Securities and Exchange Act B.E. 2535 (1992) (SEA) and Section 83, Section 86 and Section 91 of the Penal Code, as the case may be. The SEC has therefore filed a criminal complaint against the 11 offenders with the ECD for consideration of further legal action. In addition, the SEC notified the legal proceedings under the SEA to the Anti-Money Laundering Office (AMLO) because such offenses are predicate offense under the Anti-Money Laundering Act B.E. 2542 (1999) and the Amendments thereto.

In any case, 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.   

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