Truong My Lan case phase 2: Lawyers say former SCB CEO did not commit the crime of illegally transporting money across the border

On October 8, the first instance trial of the case of “Fraudulent appropriation of property”, “Money laundering”, “Illegal transportation of currency across the border” that occurred at Van Thinh Phat Group Joint Stock Company (VTP), Saigon Commercial Joint Stock Bank (SCB) and related units continued with the defense of the lawyers.

Defendant Vo Tan Hoang Van in court. Photo: HOANG HUNG

Defending defendant Vo Tan Hoang Van (former General Director of SCB), lawyer Le Hong Nguyen said that the defendant did not commit the crime of "Illegally transporting currency across the border".

Defendant Van signed 20 contracts, 13 debt repayment contracts, 7 consulting payment contracts.

During the process of signing these 20 contracts, SCB's procedures included money transfer orders and legal documents of the money transfer company in accordance with SCB's procedures submitted by Van's subordinates. Defendant Van was not aware of the errors in these documents as alleged in the indictment.

The lawyer argued that in terms of criminal elements, the act of illegal transportation across the border is by land, air, or sea. The method of transportation can be carried by human power or by means of transport. The currency as defined in Article 189 of the crime must be physical, not money on electronic means as is being tried in this case.

Defending defendant Ho Buu Phuong (former Chairman of the Board of Directors of Tan Viet Securities Joint Stock Company - TVSI, former Deputy General Director in charge of finance of VTP Group), lawyer Nguyen Thanh Cong said that the sentence proposed by the prosecutor for his client, 10-11 years in prison, is too harsh.

According to the lawyer, the defendant Phuong did not participate in the initial planning stage and the stage of selling to the victims. The defendant participated in the stage of supporting the issuance of bonds to investors. In the initial stage, Quang Thuan, An Dong, and Sunny World companies issued bonds to primary companies in accordance with the provisions of the law.

However, in the later stages of cash flow, transferring bonds to TVSI and distributing them to more than 35,000 victims, violations were committed. Defendant Phuong only accepted the policy and supported the issuance of bonds, and did not decide or direct other defendants to commit crimes.

Lawyer Nguyen Thanh Cong requested the jury to consider and review the aggravating circumstance of “organized crime”. In this case, defendant Phuong did not receive the policy from Truong My Lan, so he was completely unaware of the purpose of issuing the bonds.

Therefore, the lawyer said that the prosecutor's assessment that defendant Phuong committed an organized crime was inconsistent with the objective behavioral developments of the case.

Similarly, defending defendant To Thi Anh Dao (former Deputy General Director of VTP Group, for whom the prosecutor proposed a 30-36 month prison sentence), lawyer Nguyen Do Bao Chau stated that the investigation documents and statements were not sufficient to determine that the defendants colluded, assigned tasks, and divided tasks among themselves.

Therefore, the lawyer believes that there is not enough basis to apply the aggravating circumstance of “organized crime” as proposed by the representative of the prosecutor’s office, and requests the trial panel to re-evaluate. The lawyer also requests that the confiscated assets, frozen accounts, and real estate seizures that are completely unrelated to the case be returned, the seizures be canceled, and the defendant be prevented.

CHI THACH - THANH CHUNG

Source: https://www.sggp.org.vn/vu-an-truong-my-lan-giai-doan-2-luat-su-cho-rang-cuu-tong-giam-doc-scb-khong-pham-toi-van-chuyen-tien-trai-phep-qua-bien-gioi-post762717.html