Truong My Lan case: Lawyer proposed to remove 545 million USD, ask for clemency for Hue Van

Gia NhiOct 08, 2024 at 12:55

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On October 8, the 12th day, the first-instance trial of the defendant Truong My Lan (68 years old, Chairman of Van Thinh Phat Group) and 33 accomplices defrauded more than VND 30,869 billion of bondholders, laundered more than VND 445,000 billion, and illegally transported currency across the border of about VND 106,730 billion.

This is phase 2 of the wrongdoing case that occurred at Van Thinh Phat Group. Phase 1 of the case has been approved by the People's Court of Ho Chi Minh City. Ho Chi Minh City held a first-instance trial in April 2024, and the court sentenced the defendant Lan to death for appropriating more than VND 677,000 billion from Saigon Commercial Joint Stock Bank (SCB). The phase 1 case is awaiting appellate trial.

Truong My Lan case: Lawyer proposed to remove 545 million USD, ask for clemency for Hue Van - Photo 1

On the 12th day of the 2nd phase of the trial, the trial continued with the defense of the lawyers for the defendants, after the Procuracy impeached and recommended the sentence. Previously, on October 4, a representative of the Ho Chi Minh City Institute of People's Affairs. Ho Chi Minh City proposed that the Judicial Council sentence the defendant Lan to life imprisonment for the above 3 crimes, and compensate for all damages of more than 30,869 billion VND; 33 co-defendants were proposed by the Procuracy to be sentenced to between 2 and 27 years in prison.

Defending the defendant Truong My Lan, the lawyers proposed that the Board of Directors consider excluding 545 million USD transferred by 5 foreign legal entities to buy shares of SCB, then merged into SCB's cash flow and Truong My Lan is being accused of illegally transporting currency across the border.

Truong My Lan case: Lawyer proposed to remove 545 million USD, ask for clemency for Hue Van - Photo 2

According to the lawyer, the act of illegally transporting currency across the border is essentially derived from loans and payments to foreign partners through SCB's account.

Defending the defendant Truong Hue Van (nephew of the defendant Truong My Lan), the lawyer said that the Procuracy proposed a sentence of 6-7 years in prison for Hue Van to show humanity. But in addition to this case, the defendant also faces a very strict sentence of 17 years in prison in stage 1, so he hopes that the court will consider the context of the crime and the role to consider the defendant Hue Van a more lenient sentence.

Truong My Lan case: Lawyer proposed to remove 545 million USD, ask for clemency for Hue Van - Photo 3

Defending the defendant Chu Lap Co (husband of the defendant Truong My Lan), the lawyer also said that the Procuracy had proposed a humane sentence to his client (2 years - 2 years and 6 months in prison). But the lawyer asked the court to consider the context, conditions and mitigating circumstances to exempt the client from punishment for the accusation of helping his wife launder money of VND 33 billion (with criminal origins, through the use of SCB's credit card).

Truong My Lan case: Lawyer proposed to remove 545 million USD, ask for clemency for Hue Van - Photo 4

According to the lawyer, the defendant Chu Lap Co did not participate in any transactions for the purpose of concealing cash flow. The defendant himself is a trader, it is normal to use credit cards with a spending of more than 10 billion VND per card. Moreover, due to being too busy with work and traveling to many places, the credit cards of the defendant Co as well as other family members were assigned to the manager, and the defendant's wife paid the money when it was due. Therefore, defendant Co does not have the condition to know that the amount of money paid by his wife to the credit card is derived from the proceeds of crime, because the defendant himself is fully qualified to perform those payment obligations. Currently, the defendant has overcome all the consequences.

Truong My Lan case: Lawyer proposed to remove 545 million USD, ask for clemency for Hue Van - Photo 5

Defending the 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 Van Thinh Phat Group), was proposed by the Procuracy to sentence the Judicial Council to 10-11 years in prison for actively helping the defendant Lan to deceive and appropriate the victim's bond money, The lawyer suggested that the Judicial Council consider that the defendant Phuong was aware of the wrongdoing; actively cooperate with procedural agencies to clarify and clarify the case; are salaried workers, do not benefit... Moreover, in phase 1 of the case, the defendant Phuong was sentenced to 20 years in prison, so it is hoped that the sentence will be lower than the one proposed by the Procuracy so that the defendant has the opportunity to correct and overcome his mistakes.

Truong My Lan case: Lawyer proposed to remove 545 million USD, ask for clemency for Hue Van - Photo 6

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