Alleged tax evasion in Shinawatra Computer and Telecommunications Plc share sale

Latest development:


June 18: The Criminal Court held the first testimony of prosecution  witnesses in the case that public prosecutor accused Khunying  Pojaman Shinawatra, her brother Bhanapot Damapong, and her 
secretary Kanchana Honghern of conspiring to dodge tax worth Bt546  million from the transfer of Shinawatra Computer and Telecommunication shares.

March 26: The wife of former Prime Minister Thaksin Shinawatra was charged with evading more than half a billion baht in tax, in the first significant legal strike against the family since Thaksin was ousted in the September 19 coup.
Khunying Pojaman appeared at the Bangkok Criminal Court with brother Bhanapot Damapong and personal secretary Kanchanapa Honghern. They were surrounded by tight security.

March 14: Office of Attorney General decided to prosecute Pojaman, Bhanapot and Kanchana over the tax evasion.

February 27: The AEC resolved to lodge a complaint with public prosecutors against Pojaman, her brother and her secretary for allegedly conspiring to evade taxes in the 1997 sale of Shinawatra Computer and Communications shares. If found guilty, the accused could each face imprisonment of between three months to seven years, or a fine ranging from Bt2,000 to Bt200,000.

 January 19: Pojaman and Bhanapot send statements to defend themselves to the AEC over allegations that they had colluded to evade tax from the share trading of Shinawatra Computer and Communications Co, Ltd

January 15, 2007: Bhanapot paid the Revenue Department Bt543 million in revenue for the Bt738 million worth of Shinawatra Computer and Communications received from Pojaman. Bhanapot appealed against the taxpayment ruling and placed Bt543 million as a surety for the appeal.
December 25, 2006: The Finance Ministry resolved to dismiss Revenue Department directorgeneral Sirote Sawasdipanich and four other senior officials for failing to tax a relative of former prime minister Thaksin Shinawatra over a share deal.

December 7: The National Counter Corruption Commission decided to indict Sirote and four other senior officials on criminal and disciplinary charges over tax exemptions for Banapot, who acquired 4.5 million shares of Shin Corp from the transfer that Khunying Pojaman made in November 1997 through a family maid.

November: The AEC ruled that Bhanapot had to pay Bt546 million in tax for the share acquisition.

Background:

The allegations originated from a share purchase in November 7, 1997, when Bhanapot received 4.5 million shares of Shinawatra Computer and Communication worth Bt738 million from the maid Duangta Wongpakdi, as a wedding gift from Khunying Pojaman Shinawatra, allegedly as part of a conspiracy to avoid taxation.
The Assets Examination Committee alleged that Pojaman had paid for the share purchase with an accountpayee cheque to Duangta. The cheque was later deposited into an account in the name of Pojaman, who paid a Bt7.38million purchase fee to the stock exchange.

Key suspects and the charges

1. Bhanapot Damapong, Pojaman Shinawatra, Duangta Wongpakdi (the maid employed by Pojaman), Kanchana Honghern, Wanchai Honghern and Prani Wetpruekpitak are all accused of colluding to avoid tax.
2. Five Revenue Department officials were also charged with dereliction of duty and negligence and were fired:
Former Revenue Department director-general Sirote Sawasdipanich
3. Vichai Juengrakkiati, director of the State Enterprises Policy Committee Office, who was at the time director of the Legal Division
- Moreerat Boonyasiri, director of the Legal Division
- Kulruedee Saengsayan, senior legal official
- Suchinda Saengchompu, senior regional revenue official.

 Key evidence

The AEC has alleged that there was never a share sale between Pojaman and Bhanapot because Pojaman paid for the purchase with an accountpayee cheque to Duangta which was later deposited into an account in the name of Pojaman.
Bhanapot claims that the shares were a wedding gift from Pojaman, but the National Counter Corruption Commission in December last year dismissed the claim, arguing that Banapot had registered his marriage on January 1996, almost two years before the share transfer.