Truong My Lan case: How was the "mountain of property" declared by the appellate court to be handled?

After nearly 1 month of appellate trial, on December 3, the High Court in Ho Chi Minh City. Ho Chi Minh City sentenced the defendant Truong My Lan (68 years old, Chairman of the Board of Directors of Van Thinh Phat Group) and 47 accomplices causing serious damage to Saigon Commercial Joint Stock Bank ( SCB).

The court sentenced the defendant Truong My Lan to death on 3 charges: embezzlement of assets (20 years in prison), bribery (20 years in prison), violation of regulations on lending in the operation of credit institutions (16 years in prison; 20 years in prison in the first instance). The court forced the defendant Lan to reimburse SCB more than VND 673,000 billion. According to the law, the defendant is not eligible for exemption and reduction of civil court costs for the amount of VND 673 billion.

Within 7 days from the effective date of the judgment, the defendant Truong My Lan has the right to send an application for amnesty to reduce the death penalty to the President.

According to the appellate court, the first-instance court sentenced the defendant Lan to death for 3 crimes of "the right person, the right crime, no wrongdoing".

The legal entities paid to the defendant Lan, and the assets that the defendant brought to remedy the consequences also did not have a legal basis to consider the value of the assets. At the appellate level, although the defendant Truong My Lan said that she voluntarily proposed to handle 440 property codes, using assets such as project 6A (Binh Hung commune, Binh Chanh district, Ho Chi Minh City. Ho Chi Minh City)... to overcome the consequences of the case. However, the assets included by the defendant are not clear about legal regulations and valuation, so they are not eligible to consider the extent of remediation.

"The consequences of the case are particularly large, the crime is particularly serious, so there is no basis to reduce the death penalty for the defendant Truong My Lan for the crime of embezzlement of property," the verdict stated.

However, the court said that after the conclusion of the judgment, if the defendant still actively coordinates and continues to pay assets to overcome 3/4 of the consequences of the case, it can be considered to reduce the death sentence to life imprisonment.

Regarding the handling of assets, the Court of Appeal declared that it would continue to distrain and handle assets owned or related to the defendant Truong My Lan to ensure the fulfillment of compensation obligations. The distrained assets include: 658 real estate codes in the names of companies of Van Thinh Phat Group or individuals in the names of defendant Lan.

Along with that, there are houses and land at key addresses in Ho Chi Minh City. Ho Chi Minh City, including: 21 - 21A Tran Cao Van (District 1), 19 - 21 - 23 - 25 Nguyen Hue (District 1), 78 Nguyen Hue (District 1), 110 - 112 Vo Van Tan (District 3). Attached to a number of mobile assets, including: 1 yacht, 2 ships, 18 cars.

All distrained assets will be handled in accordance with the law to perform the compensation obligation in the case, and at the same time ensure transparency and the correct order of judgment enforcement.

Also in the asset handling section, the Appellate Board assigned SCB Bank 1,120 asset codes to guarantee 1,243 loans. However, the judgment enforcement and disposal of assets to overcome the consequences must be carried out under the coordination between: SCB Bank, the Judgment Enforcement Agency, the Supreme People's Procuracy, and the Investigating Police Agency (C03) of the Ministry of Public Security.

For the 6A project invested by Van Thinh Phat Investment Group Joint Stock Company, with an area of 26.4 hectares in Binh Chanh district, Ho Chi Minh City. Ho Chi Minh City, the Judicial Council said that the issue related to this project has not been considered and resolved by the first-instance judgment, so it is not within the scope of the appellate trial.

Regarding the amount of VND 5,000 billion, the defendant Truong My Lan asked SCB Bank to return VND 5,000 billion, on the grounds that this money had been used to increase the charter capital of SCB. However, according to the judgment of the Court of Appeal, SCB completed the capital increase by the end of 2021.

Because this content has not been investigated, prosecuted and adjudicated in the case, if the parties concerned deem it necessary, they can initiate a lawsuit in another civil case to settle the dispute.

According to the Judicial Council, the compensation obligation of the defendant Truong My Lan is particularly large. Therefore, all assets and property rights owned or related to the defendant will be considered in accordance with the order and procedures of the Law on Enforcement of Civil Judgments to ensure that the consequences of the case are thoroughly remedied.

Truong My Lan had a strange attitude after hearing the death sentence, and kept bowing her head and saying thank you? An Nhi15:01:27 04/12/2024After nearly 1 month of trial and lengthy deliberation, the High Court in Ho Chi Minh City yesterday sentenced the defendant Truong My Lan, former Chairman of Van Thinh Phat Group, and 47 accomplices.