No.

Nature of Offence

Offender(s)

Facts of Case

Sentence

OUTCOME OF CRIMINAL PROSECUTION – PERSONS ACQUITTED
1. Market manipulation

Mohd Raffique bin Ibrahim Sahib

Mohd Raffique and Ariffin face one charge each for instructing the purchase of Actacorp Holdings Bhd warrants (“AW”) in December 1997 where such purchases were intended to increase the price of AW, which acts were calculated to create a misleading appearance with respect to the price of AW on the KLSE.

Both the accused Ariffin Bin Abdul Majid and Raffique Ibrahim were acquitted and discharged by the Sessions Court on 1 April 2009.

Prosecution filed an appeal against the acquittal to the High Court.

Ariffin bin Abdul Majid

OUTCOME OF CRIMINAL PROSECUTION – PERSONS FINED & ACQUITTED
1.

Directors conspiring to withdraw money from trust account.

Ghazali bin Atan

Ghazali bin Atan & Mohamed bin Abdul Wahab were charged with conspiring to withdraw RM50 million from a Tabung Haji’s trust account under the management of Metrowangsa Asset Management (MAM) to be paid to MIMOS.

Ghazali bin Atan & Mohamad bin Abdul Wahab were found guilty and convicted by the Sessions Court on 1 April 2009.

On 7 April 2009 both the accused were fined RM200,000 each and in default 1 year imprisonment.

Director knowingly submitted misleading statement to SC.

Mohamed bin Abdul Wahab

Mohamed bin Abdul Wahab was also charged for knowingly allowing a misleading statement to be submitted to the SC in MAM’s semi-annual report from 2000 to 2001.

Mohamad bin Abdul Wahab was found not guilty and was acquitted and discharged by the Sessions Court on 1 April 2009.

Prosecution filed an appeal against the acquittal to the High Court.

CRIMINAL PROSECUTION INITIATED – PERSONS CHARGED
1. Engage in an act which operates as a fraud in connection with the purchase of securities Toh Chun Toh Gordon

Toh Chun Toh Gordon, the Director of Multi-code Electronics Industries (M) Berhad (Multi-code), was charged for engaging in an act which operated as a fraud on Multi-code, by utilising RM17.6 million of its funds to finance the purchase of 11.1 million Multi-code shares.

Toh is also faced with an alternative charge for committing criminal breach of trust involving RM26 million of Multi-code’s funds.

Toh Chun Toh Gordon was charged on 13 March 2009.

Abetting Toh Chun Toh Gordon to engage in an act which operates as a fraud in connection with the purchase of securities Abul Hasan Bin Mohamed Rashid

Abul Hasan, the Director of Multi-code, was charged for abetting Toh Chun Toh Gordon to engage in an act which operated as a fraud on Multi-code, in utilizing RM17.6 million of its funds to finance the purchase of 11.1 million Multi-code shares.

Abul Hasan is also faced with an alternative charge for committing criminal breach of trust involving RM26 million of Multi-code’s funds.

Abul Hasan was charged on 13 March 2009.

2. Furnishing misleading statement to the stock exchange Tan Chin Han

Tan Chin Han, the former Chief Executive Officer and Executive Director of Welli Multi Corporation Berhad (WMCB), was charged for knowingly authorised the furnishing of misleading statement in WMCB’s Quarterly report for the financial period ended 30 September 2006 to the Bursa Malaysia Securities Berhad.

Tan Chin Han was charged on 11 March 2009 upon failure to pay compound.

3. Knowingly authorised the furnishing of a misleading statement to Bursa Malaysia Berhad relating to affairs of a listed corporation Ooi Boon Leong Ooi Boon Leong, the Director and substantial shareholder of Mems Technology Berhad, was charged for knowingly authorised the furnishing of a misleading statement to Bursa Malaysia Berhad. The misleading statement is in relation to Mems Technology Berhad group’s revenue for year ended 31 July 2007 contained in its condensed consolidated income statements for the 12 month period ended 31 July 2007. Ooi Boon Leong was charged on 16 April 2009.
Knowingly authorised the furnishing of a misleading statement to Bursa Malaysia Berhad relating to affairs of a listed corporation Tan Yeow Teck Tan Yeow Teck, the former Director and Chief Financial Officer of Mems Technology Berhad, was charged together with Ooi Boon Leong for knowingly authorised the furnishing of a misleading statement to Bursa Malaysia Berhad. The misleading statement is in relation to Mems Technology Berhad group’s revenue for year ended 31 July 2007 contained in its condensed consolidated income statements for the 12 month period ended 31 July 2007. Tan Yeow teck was charged on 16 April 2009.
4. Abetting the Director cum CEO of United U-Li in Furnishing false statement to Bursa Malaysia. Yue Chi Kin (William)

William Yue was the engagement and signing partner of Roger Yue, Tan & Associate which audited U-LI’s accounts for FYE 31 December 2004. He was charged for abetting the Director of U-LI in furnishing the false statement which includes the creation of RM 4,000,000 fictitious sales.

William Yue was charged on 28 April 2009 upon his failure to pay the compound.

OUTCOME OF CRIMINAL PROSECUTION – PERSONS JAILED

1.

Short selling

Lua Yik Hor

Lua, a dealer’s representative of Seagrott & Campbell Sdn Bhd, was charged on 22 May 1996 for short selling 960 lots of The North Borneo Timbers Berhad shares.

Lua was convicted on 10 November 2000 for all 30 offences of short selling.

He was sentenced to 2 years imprisonment for each offence, on a concurrent basis.

He appealed against the conviction and the sentence and Prosecution filed a cross appealed against the sentence. The sentence is stayed pending appeal.

On 27 February 2009, the High Court dismissed all appeals. The conviction and imprisonment term are upheld.

Lua filed an appeal to the Court of Appeal against the decision of the High Court on 27 February 2009.

He is on bail of RM100,000 with two sureties.

OUTCOME OF CRIMINAL PROSECUTION – PERSONS FINED AND JAILED
1. Engaged in an act which operated as a deceit Ashari Rahmat

Ashari, an operating officer of MIH, was charged in 2000 for engaging in an act which operated as a deceit on UPA Corporation Berhad’s IPO exercise by switching the successful applications with those not put through the balloting process.

Ashari was convicted on 25 March 2009 by the Sessions Court.

He was sentenced to 3 years imprisonment and a fine of RM1 million (in default 1 year imprisonment).

The sentence is stayed pending appeal to the High Court.