1. Wong SK Holdings Sdn. Bhd. (Syarikat No.: 729123-K)
2. Wong Shee Kai (No. NRIC: 811212-14-5957)

On 8 May 2020, the Public Prosecutor filed a Notice of Motion against Wong SK Holdings Sdn. Bhd. and Wong Shee Kai (Ricky Wong) under section 56 and 61 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) to forfeit 5,792,000 units of Bright Packaging Industry Berhad (Bright Packaging) shares held in an RHB Investment Bank equity account belonging to Wong SK Holdings Sdn. Bhd.

The Public Prosecutor further sought an order under sections 63 and 64 of AMLATFPUAA that Wong Shee Kai was an absconded person and was to be treated as if he had been convicted of a serious offence.

Afkariah binti Md Norani (Afkariah), a former unit trust consultant, was charged with 4 counts of securities fraud under Section 179(b) of the Capital Markets & Services Act. Between August 2015 and November 2016, Afkariah is alleged to have deceived four individuals of investments amounting to RM50,000. Afkariah allegedly represented to the investors that their monies would be invested in an RHB Investment Bank Bhd (RHBIBB) investment scheme when in fact, such scheme did not exist. The monies deposited by the said individuals were instead used by Afkariah to purchase shares in her own trading account at RHBIBB.

• Ong Kar Kian
• Amirruddin Bin Nin

Ong Kar Kian and Amirruddin Bin Nin were charged with 3 counts respectively for failing to comply with the orders issued by SC Investigating Officer in 2017 and 2018 requiring them to attend before the said officer for their statements to be recorded, under section 32(8)(a) of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).

Ong who was the Group Accountant of Asia Media Group Berhad and Amirruddin who was a named director of several private companies were required by the SC to assist in an on-going investigation under the Capital Markets and Services Act 2007 and AMLATFPUAA.

Goh Bak Ming and Alice Poh Gaik Lye were charged on 8 June 2010 and June 2010 respectively at the Sessions Court.

On 14 February 2017, the Sessions Court ruled that the Prosecution had proven a prima facie case and ordered both Alice Poh and Goh Bak Ming to enter their defence to the charges against them.
On 1 July 2019, the Sessions Court acquitted and discharged Alice Poh and Goh Bak Ming at the end of the defence case.

On 5 July 2019, The Prosecution filed an appeal to the High Court against the acquittals of both Alice Poh and Goh Bak Ming.

Both Alice and Goh failed to attend any of the case managements that were held beginning from 19 September 2019. Continuous efforts were made to locate both Alice and Goh by the SC.

1.

Lim KM was charged in the Sessions Court on 22 May 2007.On 6 January 2011, the Sessions Court acquitted and discharged him. The prosecution then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Lim KM to enter his defence on the charge against him.

On 28 March 2018, the Sessions Court acquitted Lim KM at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 23 December 2020, with the consent of the Public Prosecutor, Lim KM paid a criminal compound of RM300,000.

On 24 December 2020, the appeal was withdrawn.

2.

Cheah Yew Keat (Cheah), former Managing Director of DIS Technology Holdings Berhad (DISTECH), was charged with 5 counts of insider trading under section 188(2)(a) of the Capital Markets and Services Act 2007. Cheah is alleged to have disposed 2,884,300 units of DISTECH shares via the accounts belonging to one Chuah Ni whilst in possession of non-public information between 1 March 2010 and 4 March 2010.

The non-public information relate to the alleged misstatement of DISTECH's quarterly financial reports between the 3rd Quarter of 2008 and the 4th Quarter of 2009 which had a significant impact on DISTECH's financial results.

Cheah was charged on 10 October 2019.

On 23 December 2020, Cheah pleaded guilty to five (5) charges under section 188(2)(a) CMSA. The Sessions Court convicted Cheah on the first charge and was sentenced to one (1) day imprisonment and a fine of RM1 million.

The second, third, fourth and fifth charges were taken into consideration by the court under section 171A of the Criminal Procedure Code during sentencing.

3.

Raja Samsul was charged under s.232(1) read together with s.370(c) of the CMSA and punishable under s.232(7) of the same Act. Raja Samsul was the former chief executive officer of Astana Resources Berhad (formerly known as JPG Holdings Berhad)(“JPG/ Astana”) when the company offered 6.9 million shares without a prospectus in relation to the said shares having been registered by the Securities Commission Malaysia under s.233 of the CMSA.

Raja Samsul was charged on 1 June 2016.

On 12 November 2019, the Sessions Court acquitted and discharged Raja Samsul at the end of the defence case.

On 18 November 2019, the SC filed an appeal against the whole of decision of the Sessions Court.

On 16 December 2020, the High Court dismissed SC’s appeal.

• Dato’ Abdul Malek bin Yusof (“Dato’ Abdul Malek”)

• Noor Aida binti Abdullah (“Noor Aida”)

Dato’ Abdul Malek and Noor Aida were charged under s.232(1) read together with s.370(c) of the CMSA and punishable under s.232(7) of the same Act. Both were directors of Astana Resources Berhad (formerly known as JPG Holdings Berhad)(“JPG/ Astana”) when the company issued 6.9 million shares without a prospectus in relation to the said shares having been registered by the Securities Commission under s.233 of the CMSA.

Dato’ Abdul Malek and Noor Aida were charged on 1 June 2016.

On 12 November 2019, the Sessions Court acquitted and discharged Dato’ Abdul Malek and Noor Aida at the end of the defence case.

On 18 November 2019, the SC filed an appeal against the whole of decision of the Sessions Court.

On 16 December 2020, the High Court dismissed SC’s appeal.

Failing to appear before an Investigating Officer of the SC in connection with an investigation.

Ong Kar Kian

Ong Kar Kian (“Ong”) was charged with 3 counts of failing to comply with Orders issued by an SC Investigating Officer in 2018. The Orders required him to attend before the said Investigating Officer to have his statement recorded under section 32(8)(a) of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).

Ong who was the Group Accountant of Asia Media Group Berhad was required by the SC to assist in an ongoing investigation under the Capital Markets and Services Act 2007 and AMLATFPUAA.

Ong was charged at the Kuala Lumpur Sessions Court on 19 February 2020.

On 10 December 2020, the Sessions Court convicted Ong on all 3 charges and sentenced him to:

• A fine of RM75,000 (being RM25,000 per charge with 3 months imprisonment in default for each charge) and 1 day imprisonment per charge; and
• A daily fine of RM1,500 for the 673 days he had failed to appear before an Investigating Officer of the SC as required amounting to RM1,009,500 (7 months imprisonment in default).

In total, Ong is required to pay a fine of RM1,084,500.

Ong’s imprisonment terms are to run concurrently.

With intent to deceive, furnishing a false statement to Bursa Malaysia Berhad.

• Norhamzah Bin Nordin
• Mohd Azham Bin Mohd Noor
• Lim Hai Loon

Norhamzah was at the material time the Group Managing Director while Mohd Azham was an executive director of Kosmo Technology Industrial Berhad (“Kosmo Tech”).

Both Norhamzah and Mohd Azham were charged under section 122B(a)(bb) read together with section 122(1) of the Securities Industry Act 1983 and section 369(a)(B) read together with section 367(1) of the Capital Markets & Services Act 2007 for furnishing false statements to Bursa Malaysia Securities Berhad in relation to Kosmo Tech’s eight quarterly reports on the unaudited consolidated results for the financial years 2006 and 2007.

Lim Hai Loon, the Accounts Manager of Kosmo Tech at the material time was charged for abetting Kosmo Tech in furnishing the false statements to Bursa Malaysia Berhad in relation to Kosmo Tech’s eight quarterly reports on the unaudited consolidated results for the financial years 2006 and 2007.

Both Mohd Azham and Lim Hai Loon were charged at the Kuala Lumpur Sessions Court on 26 May 2011.

Norhamzah was charged at the Kuala Lumpur Sessions Court on 7 June 2011.

On 23 September 2016, all three accused persons were acquitted and discharged by the Sessions Court at the end of the prosecution’s case.
The SC then filed an appeal to the High Court against the decision of the Sessions Court. On 30 May 2018, the High Court allowed the Prosecution’s appeal and set aside the Sessions Court decision and ordered all 3 Accused persons to enter their defence and for the matter to be heard before the same Sessions Court Judge.

The defence case commenced on 13 August 2018.

On 29 April 2019, the Sessions Court convicted Norhamzah, Mohd Azham and Lim Hai Loon and sentenced them as follows:

1. Norhamzah:
   • 1st to 3rd charges: a fine of RM150,000 (in default 2 months jail) and 3 months imprisonment per charge.
   • 4th and 5th charges: a fine of RM200,000 (in default 4 months jail) and 10 months imprisonment per charge.
   • 6th and 7th charges: a fine of RM200,000 (in default 4 months jail) and 1 year imprisonment per charge.
   • 8th charge: a fine of RM200,000 (in default 4 months jail) and 2 years imprisonment.

   Norhamzah’s jail terms to run concurrently.

   Norhamzah was sentenced to imprisonment for a total of 2 years and is liable to a total fine of RM1.45 million.

2. Mohd Azham:
   • 1st to 3rd charges: a fine of RM150,000 (in default 2 months jail) and 3 months imprisonment per charge.
   • 4th and 5th charges: a fine of RM200,000 (in default 4 months jail) and 10 months imprisonment per charge.
   • 6th and 7th charges: a fine of RM200,000 (in default 4 months jail) and 1 year imprisonment per charge.
     • 8thcharge: a fine of RM200,000 (in default 4 months jail) and 2 years imprisonment.

   Mohd Azham’s jail terms to run concurrently.

   Mohd Azham was sentenced to imprisonment for a total of 2 years and is liable to a total fine of RM1.45 million.

3. Lim Hai Loon:
   
   • 1st and 2nd charges: a fine of RM100,000 (in default 1 month jail) and 4 months imprisonment per charge.
   • 3rd to 5th charges: a fine of RM120,000 (in default 2 months jail) and 4 months imprisonment per charge.
   • 6th and 7th charges: 10 months imprisonment per charge.
   • 8th charge – 1 year imprisonment.
     

   Lim Hai Loon’s jail terms to run concurrently.

   Lim Hai Loon was sentenced to imprisonment for a total of 1 year and is liable to a total fine of RM560,000.

   The Sessions Court Judge allowed a stay of the jail terms pending the accused persons’ respective appeals to the High Court.

   On 2 December 2020, High Court allowed their appeal and set aside the conviction and sentence passed by the Sessions Court.

   The SC has filed an appeal to the Court of Appeal against the High Court’s decision.

Thai was charged on 15 December 2014.
On 24 November 2017, the Sessions Court convicted Thai and sentenced him to 5 years imprisonment and a fine of RM5 Million.

On 29 September 2020, the High Court allowed Thai’s appeal against his conviction and sentence.

The AGC has filed an appeal to the Court of Appeal against the High Court’s decision.

Tiong was charged on 15 December 2014.
On 24 November 2017, the Sessions Court convicted Tiong and sentenced him to 5 years imprisonment and a fine of RM5 Million for each charge.

On 29 September 2020, the High Court allowed Tiong’s appeal against his conviction and sentence.

The AGC has filed an appeal to the Court of Appeal against the High Court’s decision.

Abetting one Gordon Toh Chun Toh to engage in an act which operates as a fraud in connection with the purchase of securities (Principal Charge)

Criminal breach of trust (Alternative Charge)

• Abul Hasan was charged on 13 March 2009, together with Toh Chun Toh Gordon (Gordon).
• On 22 September 2011, the Sessions Court Judge convicted both Abul Hasan and Gordon of committing criminal breach of trust under section 409 of the Penal Code. Abul Hasan was sentenced to 6 years’ imprisonment while Gordon was sentenced to 12 years’ imprisonment and also a fine of RM1 million.
• Abul Hasan and Gordon filed an appeal to the High Court against the conviction and sentence.
• The appeal by Gordon has since abate upon his demise on 27 August 2012.
• On 29 September 2020, the High Court allowed Abul’s appeal and set aside the conviction and sentence.
• The SC has filed an appeal to the Court of Appeal against the acquittal and discharge.

Tan Bee Geok was charged on 15 December 2014.
On 9 August 2018, the Sessions Court convicted Tan Bee Geok and sentenced her to 5 years imprisonment and a fine of RM7 Million.

On 7 September 2020, a civil action was initiated against Tan Bee Geok and a consent order was entered between the SC and Tan Bee Geok on 17 September 2020.

On 24 September 2020, the High Court allowed the appeal by Tan Bee Geok against her conviction and sentence.

Tan Bee Hong was charged on 15 December 2014.
On 9 August 2018, the Sessions Court convicted Tan Bee Hong and sentenced her to 5 years imprisonment and a fine of RM7 Million.

On 7 September 2020, a civil action was initiated against Tan Bee Hong and a consent order was entered between the SC and Tan Bee Hong on 17 September 2020.

On 24 September 2020, the High Court allowed the appeal by Tan Bee Hong against her conviction and sentence.

Gan, former Chief Executive Officer and Executive Director of Transmile Group Berhad (Transmile) was charged for abetting Transmile in making a misleading statement relating to Transmile's revenue in the company's Quarterly Report on Unaudited Consolidated Results for the Financial Year ended 31 December 2006 which was likely to induce the purchase of Transmile's shares by other persons, an offence under section 86(b) read together with section 122C(c) of the Securities Industry Act 1983 (SIA).

Gan was also charged in alternative with intent to deceive, furnished a misleading statement to Bursa Malaysia in the same financial statement, an offence under section 122B(a)(bb) read together with section 122(1) of the SIA.

On 12 July 2007, Gan was charged with the principal charge under section 86(b) read together with section 122C(c) of the SIA.

On 26 May 2008, Gan was charged in the alternative under section 122B(a)(bb) read together with section 122(1) of the SIA.

The trial commenced on 22 July 2010 and the Prosecution closed its case on 28 January 2011 after having called 42 witnesses.

On 16 March 2011, the Sessions Court held that the Prosecution had proven a prima facie case and ordered Gan to enter his defence on the alternative charge.

On the eve of the hearing of the defence case, Gan filed an application under section 30 of the Courts of Judicature Act 1964 (“CJA”) to challenge the constitutionality of section 122(1) of the SIA.

On 15 March 2017, the Federal Court upheld that section 122(1) of the SIA was constitutional and ordered for the case to be remitted to the Sessions Court for commencement of defence case.

Subsequently on 27 April 2017, Gan filed an application under rule 137 of the Rules of the Federal Court 1995 to review and set aside the decision of the Federal Court on 15 March 2017. On 21 June 2017, Gan’s application was dismissed by the Federal Court.

On the eve of the hearing of the defence case, Gan made another similar application under section 30 of the CJA before the Sessions Court but it was again unsuccessful.

On 6 December 2017, Gan filed an appeal to the High Court and simultaneously filed a motion for revision to the High Court on 15 December 2017.

On 15 January 2018, the High Court dismissed Gan’s motion for revision. On the very same day, Gan filed an appeal to the Court of Appeal.

Gan’s appeal at the High Court was dismissed on 17 May 2018 after the Prosecution successfully raised preliminary objection.

On 18 May 2018, the Court of Appeal allowed the Prosecution’s preliminary objection and dismissed Gan’s appeal. The Court of Appeal ordered for the defence case to commence.

The defence case finally commenced in July 2018 and on 14 February 2020, the defence closed its case without calling any other witness.

On 27 August 2020, Gan was convicted by the Sessions Court on the alternative charge. Gan was sentenced to a fine of RM2.5million (in default, 18 months’ imprisonment) and 1 day imprisonment.

The SC has filed an appeal to the High Court against the sentence imposed by the Sessions Court, whilst Gan is appealing against the conviction and sentence.

Dato’ Adam, the Executive Chairman and director of Megan Media Holdings Bhd (“MMHB”) at the material time was charged under section 122B(a)(bb) read together with section 122(1) of the SIA 1983 for furnishing false information to Bursa Malaysia.

Dato' Adam was charged on 10 December 2007. On 17 May 2017, the Sessions Court found Dato' Adam guilty under section 122B(a)(bb) of the SIA read together with section 122(1) of the same Act.  He was sentenced to 18 months imprisonment and fine of RM300,000 (in default 1 year imprisonment).

Dato' Adam then filed an appeal to the High Court against his conviction and sentence. On 21 June 2019, the High Court affirmed his conviction by the Sessions Court. The appeal against his sentence was allowed in part, whereby the imprisonment term of 18 months was reduced to 6 months while the fine of RM300,000 was maintained. The High Court also allowed Dato' Adam's application for a stay of execution of the imprisonment term pending his appeal to the Court of Appeal.

On 15 September 2020, the Court of Appeal affirmed his conviction and allowed the SC's cross-appeal against sentence. The panel unanimously reinstated the imprisonment term of 18 months imposed by the Sessions Court. The fine of RM300,000 was maintained.

Submission of misleading information to SC in connection with a proposal

Lim Kim Hai (“Lim KH”)

Lim KH was charged with having committed an offence under section 32B(1)(a)(aa) read together with section 138(2) of the SCA when GP Ocean submitted through Alliance Merchant Bank Bhd, misleading information to the  SC contained in GP Ocean’s Directors’ Report and Financial Statements 31 January 2006. This information was required to be submitted to the SC in connection with GP Ocean’s proposal for listing on the Main Board of Bursa Malaysia Securities Bhd.

Lim KH was charged in the Sessions Court on 22 May 2007.On 6 January 2011, the Sessions Court acquitted and discharged him. The prosecution then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Lim KH to enter his defence on the charge against him.

On 28 March 2018, the Sessions Court acquitted Lim KH at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 11 August 2020, with the consent of the Public Prosecutor, Lim KH paid a criminal compound of RM300,000.

On 18 August 2020, the appeal was withdrawn.

15.

Submission of misleading information to SC in connection with a proposal

Lee Sin Teck (“Lee”)

Lee was charged with having committed an offence under section 32B(1)(a)(aa) read together with section 138(2) of the SCA when GP Ocean submitted through Alliance Merchant Bank Bhd, misleading information to the SC contained in GP Ocean’s Directors’ Report and Financial Statements 31 January 2006. This information was required to be submitted to the SC in connection with GP Ocean’s proposal for listing on the Main Board of Bursa Malaysia Securities Bhd.

Lee was charged in the Sessions Court on 18 April 2007On 6 January 2011, the Sessions Court acquitted and discharged him. The prosecution then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Lee to enter his defence on the charge against him.

On 28 March 2018, the Sessions Court acquitted Lee at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 11 August 2020, with the consent of the Public Prosecutor, Lee paid a criminal compound of RM300,000.

On 18 August 2020, the appeal was withdrawn.

Submission of misleading information to SC in connection with a proposal

Tan Siok Wan (“Tan”)

Tan was charged with having committed an offence under section 32B(1)(a)(aa) read together with section 138(2) of the SCA when GP Ocean submitted through Alliance Merchant Bank Bhd, misleading information to the SC  contained in a list titled “GP Ocean Food Berhad Group Top Ten Customer”. This information was required to be submitted to the SC in connection with GP Ocean’s proposal for listing on the Main Board of Bursa Malaysia Securities Bhd.

Tan was charged in the Sessions Court on 18 April 2007. On 6 January 2011, the Sessions Court acquitted and discharged her. The prosecution had then appealed to the High Court, which on 14 February 2017, overturned the acquittal and ordered Tan to enter her defence on the charge against her.

On 28 March 2018, the Sessions Court acquitted Tan at the end of the Defence’s case.

On 9 April 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 11 August 2020, with the consent of the Public Prosecutor, Tan paid a criminal compound of RM300,000.

On 18 August 2020, the appeal was withdrawn.

Prohibited conduct of person in possession of inside information

Dato’ Lim Kim Chuan (“Lim KC”)

Tay Hup Choon (“Tay HC”)

Theng Boon Cheng (“Theng BC”)

Lim KC was charged with 11 charges under section 188(2)(a) of the CMSA for acquiring M3nergy Berhad (M3nergy) shares between 6 August 2008 to 11 September 2008 while in possession of inside information. Lim KC was the CEO and Director of Melewar Industry Group Berhad and was also a Director of M3nergy at the material time.

The inside information was in relation to the proposed take-over offer by Melewar (BVI) Ltd (Melewar) to acquire M3nergy which was announced to Bursa Malaysia on 12 September 2008. The shares were acquired by Lim KC through trading accounts belonging to 2 other individuals.

Tay HC was charged with 9 charges of abetting Lim KC in the commission of the offences under section 370(c) read together with section 188(2)(a) of the CMSA. Tay HC is one of the account holders of the trading account used by Lim KC to acquire the M3nergy shares. Tay is Lim KC’s brother-in-law.

Theng BC was charged with 11 charges of abetting Lim KC in the commission of the offences under section 370(c) read together with section 188(2)(a) of the CMSA. Theng BC was the remisier who executed the trades of the M3nergy shares for Lim KC.

Lim KC, Tay HC and Theng BC were charged in the Sessions Court on 24 November 2015. On 30 April 2018, the Sessions Court acquitted and discharged Lim KM, Tay HC and Theng BC without calling for their defence.

On 3 May 2018, the Prosecution filed an appeal to the High Court against the acquittal.

On 7 July 2020, the High Court allowed the appeal and set aside the order of acquittal and called for defence against all 3 accused persons. The defence case will be heard before the same Sessions Court judge.

Afkariah binti Md Norani (Afkariah), a former unit trust consultant, was charged with 4 counts of securities fraud under Section 179(b) of the Capital Markets & Services Act. Between August 2015 and November 2016, Afkariah is alleged to have deceived four individuals of investments amounting to RM50,000.

Afkariah allegedly represented to the investors that their monies would be invested in an RHB Investment Bank Bhd (RHBIB) investment scheme when in fact, such scheme did not exist. The monies deposited by the said individuals were instead used by Afkariah to purchase shares in her own trading account at RHBIB.

Afkariah was charged on 13 February 2020.

On 12 June 2020, Afkariah pleaded guilty to all charges and was convicted and sentenced to six months' imprisonment and RM1 million fine, in default one month imprisonment, for each charge. The jail term is to run concurrently.

Tan was charged with one charge under section 188(3)(a) of the Capital Markets and Services Act 2007 (“CMSA”)for having communicated material non-public information to one Ng Ee Fang between 25 September 2011 and 20 October 2011. The material non-public information referred to in the charge was in relation to the proposed take-over offer by MBM Resources Berhad to acquire all voting shares and outstanding warrants in Hirotako Holdings Berhad.

Tan was charged on 13 March 2018.

On 11 June 2020, the charge against Tan was discontinued upon the instructions of the Attorney General.

This was subsequent to the entering of a consent judgment at the civil High Court between Tan and the SC on 9 March 2020.

The consent judgment can be found here :
https://www.sc.com.my/regulation/enforcement/actions/civil-actions-and-regulatory-settlements/civil-action-in-2020