Thaksin And 30 Members Of His Cabinet Indicted

[sriracha john]

Thaksin and his Cabinet indicted

AEC says move led to 38 Billion Baht loss in revenue to government

The Assets Examination Commission (AEC) yesterday indicted former Prime Minister Thaksin Shinawatra and 46 others, including most of his Cabinet members for their joint decision to launch the controversial two- and three-digit lottery in 2003.

The 50-page AEC indictment, which will be made public on Monday, also demanded that all the 47 indicted people jointly pay Bt38 billion to the government - 22.9 billion baht for lost revenue due to tax exemption granted to the lottery for more than two years, and another 16 billion baht in lost revenue for the Government Lottery Office (GLO).

The 47 were accused of violating the 1974 Government Lottery Act for their role in initiating and approving the lottery without authorisation, of violating the 1948 Treasury Reserves Act, for unauthorised spending of money earned through sale of the lottery, and of violating three monetary laws for illegally acquiring tax exemption privileges.

The indictees are divided into three groups - Thaksin and his Cabinet members who attended the July 8, 2003 meeting and approved the lottery; members of the GLO's executive board; and members of a GLO panel that considered and approved for charity the proceeds earned through sale of lottery.

Among the 47 are 30 former Cabinet members, excluding former Education Minister Pongpol Adireksarn and former Deputy Interior Minister Pramual Rujanaseri, who were not indicted because they did not attend the meeting on the day.

The other groups include senior officials with related government agencies including the GLO, the Bureau of the Budget, and the Comptroller-General's Department, and two former Finance Ministry Permanent Secretaries.

Thaksin, former Finance Minister Suchart Chaowisit and former Deputy Finance Minister Warathep Ratta-nakorn have been accused for their decision to operate the lottery. They have been charged with receiving unlawful benefits for themselves, apart from seven other offences.

The GLO's board members and members of the panel have been charged with an additional offence under a special law.

The AEC charged that the 22 billion baht loss incurred through the tax exemption had denied revenue of 8.8 billion baht to the Finance Ministry, 12 billion baht to the Interior Ministry and 336 million baht to the Bangkok Metropolitan Administration.

The indictment said the lottery had also resulted in "immeasurable" social disorder such as increased gambling among punters during the two-year operation, which drew 657 million baht from punters in the first drawing on August 1, 2003, and 2.8 billion baht in its last drawing on September 15 last year, four days before the military coup.

The Supreme Court's Criminal Tribunal for Political Office Holders and the Office of Attorney-General will jointly proceed further with the cases against the indictees.

- The Nation

Edited November 23, 2007 by Jai Dee
Tittle corrected and post edited at OP's request

[sriracha john]

Some amplifying posts on the background of this case:

http://www.thaivisa.com/forum/index.php?s=...t&p=1630537

MALFEASANCE ACCUSATIONS

Sub-panel to wrap up inquiry into digit lottery on Nov 14

http://www.thaivisa.com/forum/index.php?s=...t&p=1523062

Thaksin explains lottery

http://www.thaivisa.com/forum/index.php?s=...t&p=1508124

15 Billion Baht of lottery proceeds misused, AEC says

http://www.thaivisa.com/forum/index.php?s=...t&p=1446167

AEC to file 30 Billion Baht Lawsuit Against Ex-ministers Alleged in Authorizing 2-3 Digit Lotteries

[sriracha john]

Thaksin and former key ministers

AEC Indicts Thaksin and His Cabinet for Lottery Scandal

The Assets Examination Committee (AEC) yesterday agreed to indict deposed Prime Minister Thaksin Shinawatra and 46 individuals, comprised mostly of his Cabinet members who were found to be involved with the initiation of the controversial two and three digit lottery scheme in 2003.

As demanded by the committee’s indictment, all 47 indicted individuals must jointly pay 38 billion baht to the government, where 22.9 billion baht would be covered for lost revenue from tax exemption granted to the lottery for over two years and the other 16 billion baht would compensate for lost revenue of the Government Lottery Office (GLO).

About 30 individuals in the group are former Cabinet members, where two other former ministers, Pongpol Adireksarn, former education minister and Pramual Rujanaseri, former deputy interior minister, had not been indicted due to their absence on the day of the meeting.

The remaining group consisted of senior officials from related government agencies such as the GLO, the Comptroller-General’s Department, the Bureau of the Budget and two former permanent secretaries of the Finance Ministry.

According to the committee, the 50-page indictment would be officially announced to the public on Monday. The committee reported that all 47 individuals were alleged to violate the 1974 Government Lottery Act for their involvement in the lottery scheme’s initiation and approving such lottery without authorization.

The group has also violated the 1948 Treasury Reserves Act for unauthorized spending of earned revenues from lottery sales along with breaching three other monetary laws by illegally acquired tax exemption privileges.

The indicted group was divided into three factions, comprising of Thaksin and his Cabinet members, who attended the meeting on July 8, 2003 to approve the lottery scheme, members of the GLO’s executive board and members of a GLO committee, who were involved with the consideration and approval of charitable funds earned from lottery sales.

Reportedly, the deposed Prime Minister along with former Finance Minister Suchart Chaowisit and former Deputy Finance Minister Warathep Rattanakorn had been alleged for their decision to initiate the lottery scheme, in addition to charges of receiving illegal benefits from lottery earnings and seven other related offences.

Board members of the GLO and members of the GLO committee on the contrary had been charged with an additional offence governed by a special law, reported an AEC source.

The AEC alleged that from the revenue loss worth 22 billion baht incurred through tax exemptions, 8.8 billion baht was supposed to be transferred to the Finance Ministry and another 12 billion baht should go to the Interior Ministry and 336 million baht to the Bangkok Metropolitan Administration (BMA).

- Thailand Outlook

[John K]

Perhaps the horse can get out of the gate on this one.

[hammered]

This is going to make PPP even more determined to win the election. The ratcheting up of the stakes doesnt seem to pressage a nice deal. There are noe so many cases at some stage or other that at least a few must make it ti completion one way or the other.

[Big A]

F*cking Rogues Gallery!

[mackayae]

Who will PPP indict when they get elected?

[hammered]

Who will PPP indict when they get elected?

Exactly although maybe if rather than when. Stakes are pretty high right now and unless someone takes a backward step it doesnt look like getting any better.

[sriracha john]

This is going to make PPP even more determined to win the election. The ratcheting up of the stakes doesnt seem to pressage a nice deal. There are noe so many cases at some stage or other that at least a few must make it ti completion one way or the other.

It's encouraging with this particular case in that it's an indictment against the whole frickin' Cabinet which was part of the overall establishment that Thaksin orchestrated as conductor.

It was this type of wholesale control of an entire system that scrapped the necessary checks and balances...

[marshbags]

The implications should the PPP get control after the election are a disaster waiting to happen.

Thai society would never recover from it IMHO and yes, all that has surfaced during the last year would be written off.

All the scum would re surface and be treat like heroes. OR ELSE !!!!!!!!!!!

I cannot bring myself to imagine what kind of future my daughter and my wife would have under such a regime with the prospect of all the checks and balances going back to square one ect. ect ect.

Do all the objectors of what we have in place really want such a situation to become reality and the return of TRT MK 2 using their original now banned TRT party doctorate, along with the return of the unethical and evil CEO in exile ?????

Please god it will never come to pass.

marshbags

Edited November 23, 2007 by marshbags

[John K]

The implications should the PPP get control after the election are a disaster waiting to happen.

Thai society would never recover from it IMHO and yes, all that has surfaced during the last year would be written off.

All the scum would re surface and be treat like heroes. OR ELSE !!!!!!!!!!!

I cannot bring myself to imagine what kind of future my daughter and my wife would have under such a regime with the prospect of all the checks and balances going back to square one ect. ect ect.

Do all the objectors of what we have in place really want such a situation to become reality and the return of TRT MK 2 using their original now banned TRT party doctorate, along with the return of the unethical and evil CEO in exile ?????

Please god it will never come to pass.

marshbags

I think you will find in your political cook book that’s the recipe for a coup.

[sriracha john]

The evidence is beginning to pile up.... and it seems to be making the Bird Flu Minister Sudarat jittery...

Meanwhile, the AEC panel probing the two-and three-digit lottery scam had found more evidence of irregularities in the use of funds earned from sales, AEC member Udom Fuangfung said.

The panel extended its investigation after finding the Social Development and Human Security Ministry had returned 700 million baht to the Government Lottery Office (GLO) and the Education Ministry had handed over several hundred million more, claiming the money was student grants between 2003-2004.

Udom said the panel suspected irregularities. It believed that had the money been used in accordance with the law, the agencies would have exhausted the funds. The AEC will summon GLO officials over the unused money.

Udom expressed confidence the panel could complete the investigation within this month. It had earlier wanted to wrap up the investigation yesterday.

The panel rejected a request from Sudarat Keyuraphan for the AEC to summon more witnesses for questioning over the lottery scheme because it believed Sudarat had a motive to delay the investigation, AEC spokesman Sak Korsaengruang said.

- The Nation

[Ricardo]

This is going to make PPP even more determined to win the election. The ratcheting up of the stakes doesnt seem to pressage a nice deal. There are noe so many cases at some stage or other that at least a few must make it ti completion one way or the other.

It's encouraging with this particular case in that it's an indictment against the whole frickin' Cabinet which was part of the overall establishment that Thaksin orchestrated as conductor.

Quite. They went along with all his 'they are just my helpers - I make all the decisions' announcements. They & their party got a 5-year ban from Thai politics, and are now being charged, as their reward for their weak-willed acquiescence. Only a few quit - in response to DL's management-style.

It was this type of wholesale control of an entire system that scrapped the necessary checks and balances...

[sriracha john]

Lottery case to go to public prosecutors

The Assets Scrutiny Committee yesterday agreed to forward the two and three-digit lottery case to public prosecutors for the indictment of 30 members of the Thaksin Shinawatra cabinet and 17 members of the board of the Government Lottery Office (GLO). Udom Fuangfung, Chairman of the sub-committee looking into the digit lottery irregularities, said the ASC has ordered his sub-committee to forward the case to the Office of the Attorney-General (OAG) within 14 days. A public prosecutor from the OAG will then indict all the 47 suspects at the Supreme Court's political crimes division. The ASC has not only accused the 47 suspects of initiating and approving the two- and three-digit lottery scheme without authorisation, but also spending revenue from the lottery sale without authorisation and violating three monetary laws by unlawfully acquiring tax exemptions for the lottery scheme. Of the 47 suspects to be indicted for alleged irregularities in the 2003 launch of two- and three-digit lottery, 30 are members of the Thaksin cabinet who attended the July 8, 2003 cabinet meeting, where a regulation legalising the lottery scheme was passed. They will be accused of violating the criminal code.

Continued here:

http://www.bangkokpost.net/News/12Dec2007_news15.php

Edited December 12, 2007 by sriracha john

[sriracha john]

Assets Probe Panel Files Charge against Previous Cabinet

The Assets Examination Committee has agreed to file an indictment against the previous Cabinet for approving the distribution of the two- and three-digit lotteries, which have caused the state damage.

The meeting of the Assets Examination Committee (AEC) resulted in the decision to forward the investigation result on the distribution of the two- and three-digit lotteries to the Attorney General for further consideration as to whether to file a complaint with the Supreme Court's division for cases against political post holders.

The accused are divided into two groups. The first group includes thirty former members of the previous Cabinet, including deposed Prime Minister Thaksin Shinawatra, who took part in its resolution on July 8, 2003 to legalize the two- and three-digit lotteries. The second group includes the 17 members of the Government Lottery Committee.

The AEC's sub-panel responsible for the case agreed that all the 47 accused committed offences of both the Civil and Criminal Codes, causing about 40 billion baht in damage to the state.

In addition, Thaksin, former Finance Minister Suchart Chaovisit, and former Deputy Finance Minister Warathep Rattanakorn will be charged with another count of violating article 152 of the Criminal Code, as the three former Cabinet members also acted as the regulators of the Government Lottery Office.

The deposed Prime Minister, some Cabinet members, and board members of the Government Lottery Office who attended the previous government's meetings on the allocation of the revenue from two- and three-digit lotteries will be required to take responsibility for the overall amount of money they approved.

Meanwhile, the members of Government Lottery Committee will be also required to take responsibility for their approval of each project, financed by the revenue from the distribution of two- and three-digit lotteries.

As for the four state agencies damaged by the unlawful two- and three-digit lotteries distribution, including the Finance and Interior ministries, the Bangkok Metropolitan Administration, and the Government Lottery Office, the Chairman of the AEC's sub-panel responsible for the case, Udom Fuengfoong, states that the agencies must launch civil indictments by themselves, but they can seek compensation after the court's ruling on the lawsuit is released.

Regarding the concern that the court will refuse to hold a hearing on the lawsuit due to the absence of the deposed premier, Udom says the court is able to accept the case if the prosecutor can present the address of the accused that appeared on his house registration.

However, if the Attorney-General disagrees with Udom's suggestion, the AEC and the Attorney-General will set up a joint committee to seek a resolution on the matter.

- Thailand Outlook

[sriracha john]

ASC passes on report on lottery scheme to Attorney-General

Thaksin and cabinet members accused

The Assets Scrutiny Committee (ASC) yesterday forwarded eight boxes of investigation reports on the two- and three-digit lottery case to public prosecutors seeking an indictment against deposed PM Thaksin Shinawatra and 48 other suspects. Jaruvan Maintaka, a member of the ASC, led a team which handed over the ASC's investigation reports on alleged corruption by the Thaksin administration in the two- and three-digit lottery case to representatives of the Office of the Attorney-General (OAG) yesterday. The ASC team handed the OAG two sets of the 32-file documents, which includes the ASC's investigation report and evidence. Khunying Jaruvan said the ASC believes there is sufficient evidence indicating wrongdoings allegedly committed by members of the then Thaksin cabinet and the Government Lottery Office's (GLO) board members and executives. ''We want the public to know how much this lottery scheme damaged the country. However, we have to give time to the public prosecutors to consider the case to ensure justice,'' she said.

Continued here:

http://www.bangkokpost.net/News/22Dec2007_news05.php

[cm-happy]

Who will be the scape goat so Thailand can save face and declare how hard they are on corruption for the sake of the general populace.

" you can fool all of the people some of the time.

your can fool some of the people all of the time.

but you cannot fool all of the people all of the time.

A'. Lincoln

[sriracha john]

Assets Panel Hands over Lotto Case to Attorney-General's Office

The Assets Examination Committee has handed over the probe file on the alleged unlawful two- and three-digit lottery case against the previous government to the Attorney-General's Office to consider filing charges to the Supreme Court.

Udom Fuengfung, a member of the Assets Examination Committee (AEC) and the chairman of the AEC's sub-committee probing the controversial distribution of the two- and three-digit lottery, assigned AEC member Khunying Jaruwon Maintaka and officials of the Auditor-General's Office (OAG) to hand over the investigation into the alleged wrongdoing in the sale of the lotto.

The AEC earlier agreed that the previous Cabinet unlawfully distributed the sale of the two- and three-digit lottery and forwarded the case to the OAG for further examination, to consider whether to forward it to the Supreme Court's Division for criminal cases against political post holders.

Udom stated that there are two sets of files, and each set is comprised of 32 files, totaling more than 10,000 pages. Among these, one file is the AEC's conclusion and resolution on the case and the remaining include evidence and statements.

In the file, the AEC named 49 former political post holders, most of whom are former Cabinet members under the Thaksin administration, as alleged wrongdoers related to the issuance of a Cabinet resolution to allow the sale of the special lottery.

The Attorney-General's Office has 30 days to consider whether to file charges against the accused and forward the case to the Supreme Court.

Udom admits that this case is very difficult and public prosecutors will have to spend a great deal of time to scrutinize all the files.

This is the first time the AEC has agreed to file a lawsuit against the entire ousted Cabinet and the AEC is willing to provide further information should the public prosecutors have any inquiries.

In addition, the Attorney-General has set up a committee chaired by Deputy Secretary-General Waiyawut Lortrakul to study the case, citing that the panel will try to finish it as quickly as possible.

- Thailand Outlook

[sriracha john]

UPDATE... the indictments look likely to be pruned down to Thaksin and a few key henchmen

OAG's lottery panel likely to indict Thaksin

Decision contradicts findings of the ASC

The Office of the Attorney-General's lottery panel has decided to indict a number of people who clearly stood to benefit from the digit lottery scheme, said an OAG source. Among those likely to be charged are ousted PM Thaksin Shinawatra, former Finance Minister Suchart Jaovisidha, his Deputy Varathep Ratanakorn and the former Chief of the Government Lottery Office (GLO), Surasit Sangkhapong. The decision, to be forwarded for consideration by Attorney-General Chaikasem Nitisiri, contradicts the findings of the ASC, which earlier suggested that criminal charges be filed against 47 former cabinet members and executives of the GLO. The source said the OAG's panel, however, found that other cabinet ministers did not have vested interests in the lottery scheme.

Continued here:

http://www.bangkokpost.com/News/15Jan2008_news13.php

Edited January 15, 2008 by sriracha john

[sriracha john]

AEC wants to prosecute the entire Thaksin government for new lotteries

The Assets Examination Committee is likely to reiterate its decision to prosecute all 47 defendants, including the Thaksin Shinawatra Cabinet, on graft charges relating to the two and threedigit loterries.

AEC member Udom Fuangfung confirmed the stand on Tuesday following the prosecution review to recommend the scaling down of defendants to four, namely, former prime minister Thaksin, former Finance minister Suchart Jaovisidha his deputy Varathep Rattanakorn and Government Lottery Office former director Surasit Sangkhapong.

Udom said the AEC will review the prosecution report on Monday. Should the AEC disagree with the prosecutors, a joint panel will be formed to thrash out differing legal opinions on the scope of trial within 30 days, he said.

- The Nation

[sriracha john]

Prosecution likely

The Assets Examination Committee (AEC) looks likely to press ahead with its earlier decision to prosecute all 47 defendants - including the Thaksin Shinawatra Cabinet of 2003 - on graft charges in relation to the two- and three-digit lottery scandal.

AEC member Udom Fuangfung confirmed the stand yesterday following a prosecution review to recommend the scaling down of defendants to four, namely, former prime minister Thaksin, former finance minister Suchart Jaovisidha, his deputy Varathep Rattanakorn, and the Government Lottery Office's former director Surasit Sangkhapong.

Udom said the AEC would review the prosecution report on Monday. Should the AEC disagree with the prosecutors, a joint panel would be formed to thrash out differing legal opinions on the scope of the trial within 30 days, he said.

- The Nation

[ando]

Is there any suggestion that Thaksin and his ministers who set up this lottery made personal financial gain out of it?

I haven't been following this issue, so could someone fill me in on the summary of the case?

From what I have seen so far it appears that proceeds of the lottery went into the coffers of various government ministries.

Is this a case of alleged fraud/embezzlement intended to financially benefit those who set it up, or is it merely a technical breach of the laws governing the establishment of government lotteries?

[ando]

Anyone, ... anyone??

[BigSnake]

Yet another joke on Thaksin. Just wait for his welcome on party by the PPP, coming soon.

[sriracha john]

AEC to prosecute lottery case by itself

The Assets Examination Committee would bypass the Office of the Attorney-General and prosecute former prime minister Thaksin Shinawatra for graft relating to the now stalled two and three-digit lotteries.

"The joint review on the new lottery case by the AEC and the public prosecutors has failed to reach an agreement and the AEC will litigate with assistance from the Law Society of Thailand," AEC spokesman Sak Korsaengruang said on Friday.

In its initial report to the OAG, the AEC named 49 suspects, including Thaksin and his entire cabinet, for their alleged responsibility in the approval of the lotteries in 2003.

The OAG has declined to prosecute the case, as it opposed the list of suspects, and suggested a revision of certain charges.

Sak said that the AEC would request the OAG send back its report and that it planned next week to issue a statement explaining the differences in legal views between it and the OAG.

- The Nation

[Ricardo]

The Office of the Attorney-General's lottery panel has decided to indict a number of people who clearly stood to benefit from the digit lottery scheme, said an OAG source. Among those likely to be charged are ousted PM Thaksin Shinawatra, former Finance Minister Suchart Jaovisidha, his Deputy Varathep Ratanakorn and the former Chief of the Government Lottery Office (GLO), Surasit Sangkhapong. The decision, to be forwarded for consideration by Attorney-General Chaikasem Nitisiri, contradicts the findings of the ASC, which earlier suggested that criminal charges be filed against 47 former cabinet members and executives of the GLO. The source said the OAG's panel, however, found that other cabinet ministers did not have vested interests in the lottery scheme.

Continued here:

http://www.bangkokpost.com/News/15Jan2008_news13.php

Is there any suggestion that Thaksin and his ministers who set up this lottery made personal financial gain out of it?

There might be translation problems, but 'stood to benefit' is fairly clear, as opposed to 'did not have vested interests.' ?

[sriracha john]

AEC ready to prosecute Thaksin

The Assets Examination Committee will bypass the Office of the Attorney-General and prosecute former prime minister Thaksin Shinawatra for graft relating to the stalled two- and three-digit lotteries.

"The joint review on the new lottery case by the AEC and the public prosecutors has failed to reach an agreement and the AEC will litigate with assistance from the Law Society of Thailand," AEC spokesman Sak Korsaengruang said yesterday. He was speaking after a two-hour meeting between the two agencies.

In its initial report to the OAG, the AEC named 49 suspects, including Thaksin and his entire cabinet, for their alleged responsibility in the approval of the lotteries in 2003.

The OAG has declined to prosecute the case, as it opposed the list of suspects, and suggested a revision of certain charges. Sak said the AEC would request the OAG send back its report and that it planned next week to issue a statement explaining the differences in legal views between it and the OAG.

The AEC will seek a team of lawyers, with a complement from the Law Society of Thailand, who will file the cases to the Supreme Court's Criminal Tribunal for Political Office Holders within 14 days after the investigation report is received from the OAG, he added.

The AEC will hold a meeting on Monday to make public a report comparing the decisions of the AEC and the OAG, and why the former will not further investigate the five points.

Udom Fuangfung, who chairs the AEC subcommittee investigating the lottery scandal, said his panel had strictly followed regulations in performing its work.

- The Nation

[sriracha john]

In other developments, the AEC resolved to seek an indictment itself against the entire Thaksin Shinawatra cabinet for passing an "unlawful" resolution in 2003 to legalise the two-and-three lottery scheme, and for "unlawfully" approving the spending of its profits, according to AEC spokesman Sak Korsaengreung.

He said the decision was made after the anti-graft body and the Office of the Attorney-General remained at odds over some issues regarding the case.

- MCOT

Edited February 4, 2008 by sriracha john

[sriracha john]

AEC to prosecuteThaksin on its own

The Assets Examination Committee (AEC) yesterday decided to go ahead with indictments over the two- and three-digit lottery on its own within 14 days without further legal assistance from the Office of Attorney General (OAG).

AEC spokesman Sak Korsaengrueng said the OAG was required to immediately return the investigation report to the AEC. He repeated the AEC's insistence that its report was complete and contained no flaws as suggested by the OAG.

The two agencies have been in a conflict after the OAG asked for further investigation into five crucial points, which it later refused to follow up, although the AEC had originally requested legal counselling from the OAG itself.

Sak said 12 lawyers from the Law Society of Thailand were now available to help with the AEC indictment against 47 people including former prime minister Thaksin Shinawatra, which will be lodged with the Supreme Court's Criminal Tribunal for Political Office Holders.

- The Nation

[sriracha john]

ASC flexes muscles in lottery row

The Assets Scrutiny Committee (ASC) has vowed to use its authority to take to the Supreme Court charges against the entire Thaksin Shinawatra cabinet for alleged graft in a state lottery scheme even if public prosecutors disagree with its stance on the indictment, spokesman Sak Korsaengruang said yesterday. The ASC earlier recommended the OAG take to the Supreme Court criminal and civil charges against 47 people for misusing revenue generated by the two-and three-digit lottery project, initiated by the Thaksin government in 2003. It also ruled that the accused initiated the scheme without authorisation and violated three monetary laws by unlawfully acquiring tax exemptions for the lottery project. People Power Party Secretary-General Surapong Suebwonglee, who is tipped to be Finance Minister in the new government, and Pracharaj Party Deputy Leader Uraiwan Thienthong, expected to be Labour Minister, are among the 30 former cabinet members charged with wrongdoing. The others accused are board members and executives of the Government Lottery Office.

Continued here:

http://www.bangkokpost.net/News/05Feb2008_news01.php

Edited February 5, 2008 by sriracha john