The Investigation Police Agency of Hanoi City Police has issued a decision to prosecute Pham Thi Hoa (former Chairwoman of the Board of Directors of Sen Tai Thu Group Joint Stock Company), Nguyen Thi Thuy Linh (former Deputy General Director, daughter of Ms. Hoa) and Nguyen Thi Lan Huong (former General Director) for the crime of Fraudulent appropriation of property.
According to the investigation, the defendants took advantage of the reputation of the Sen Tai Thu health care brand, inflated charter capital, and reported unrealistic revenue and profits to illegally mobilize capital.
From October 2020 to March 2023, more than 400 investors signed shares with Pham Thi Hoa through more than 1,000 contracts, transferring an amount of more than 1,000 billion VND. Up to now, this company is no longer able to pay.
Defendant Pham Thi Hoa, former Chairwoman of the Board of Directors of Sen Tai Thu Group Joint Stock Company.
Responding to VTC News reporters, Dr. and lawyer Dang Van Cuong (Head of Chinh Phap Law Office) said that when handling criminal cases related to crimes of property rights infringement, the authorities will verify and clarify the cause of the incident, clarify the behavior of the perpetrator, clarify the method and means of committing the crime, assess the consequences of the crime on the victim and society to apply appropriate sanctions.
The investigation agency and the prosecution agency will also clarify where the assets that the defendants appropriated from the victims are in order to apply preventive and coercive measures to recover the assets for the victims.
The investigation agency will freeze bank accounts, seize real estate, and prevent the transfer of other assets to ensure enforcement of the judgment.
"During the investigation of this case, if the defendants or their relatives voluntarily compensate for the consequences, it will be a mitigating circumstance that partially reduces the criminal responsibility of the defendants.
Compensation for consequences can be partial or full depending on the defendant's ability and attitude," lawyer Cuong analyzed.
According to Mr. Cuong, in case the accused and his relatives do not voluntarily repair, compensate for damages, and remedy the consequences, the prosecution agency will apply preventive and coercive measures to recover the property and return it to the victims.
Those who contribute money to Sen Tai Thu Company in the form of capital contribution, loans or other transactions can contact the investigation agency to be requested to participate in the proceedings as victims, and at the same time have the right to present documents, objects and evidence requested for consideration and settlement by the prosecution agency.
In case the proceedings end and the victims have not yet received the money, in the subsequent criminal trial, the victims have the right to make a request for compensation for damages, to force the return of the misappropriated money and other damages, if any.
After the criminal judgment comes into legal effect and the defendants do not voluntarily compensate for the consequences, the victims have the right to request the enforcement agency to enforce the judgment based on the legally effective judgment.
In addition, lawyer Cuong added that the investigation agency will clarify the organizational structure, operating model, and functions and tasks of each position. At the same time, the investigation agency will clarify the discussion and agreement on illegal capital mobilization, clarify the path of the money flow to determine the nature of the incident.
In particular, the investigation agency will clarify the behavior, determine the consequences and evaluate the role of each defendant as a basis for applying criminal sanctions.
"Another noteworthy thing in this case is that the amount of money the defendants embezzled is particularly large. The investigation agency will clarify in what physical form this money exists, what assets it has been converted into to determine whether there is money laundering or not, or whether there is an act of consuming assets obtained by others through crime or not.
The investigation agency will seal, seize, and freeze the assets of this enterprise, assets related to the crime to protect the rights of the victims," said lawyer Cuong.
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