Updates on Criminal Prosecution in 2020
No. Nature of Offence Offender(s) Facts of Case Date Charged
Criminal Prosecution Initiated – Person(s) Charged
1. Money Laundering
  1. Wong SK Holdings Sdn. Bhd. (Syarikat No.: 729123-K)
  2. Wong Shee Kai (No. NRIC: 811212-14-5957)

On 8 May 2020, the SC filed a Notice of Motion against Wong SK Holdings Sdn. Bhd. and Wong Shee Kai (Ricky Wong) under section 56 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 SC 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.

Notice of motion filed on 8 May 2020.
2. Securities Fraud Afkariah binti Md Norani

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.

Afkariah was charged on 13 February 2020.
3. Failing to appear before SC Investigating Officer in connection with an investigation
  • 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.

Ong and Amirruddin were charged on 19 February 2020.

Outcome of Criminal Trials & Appeals

1. Securities fraud
[Section 179(b) CMSA]
Afkariah binti Md Norani

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 6 months' imprisonment and six months' imprisonment and RM1 million fine, in default one month imprisonment, for each charge. The jail term is to run concurrently.

2. Insider trading Tan Giap How (Tan) Tan was charged under section 188(3)(a) of the CMSA for allegedly having communicated material non-public information to one Ng Ee Fang between 25 September 2011 and 20 October 2011. The material non-public information 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.

The charge against him was withdrawn on 11 June 2020.

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