Penny scandal: Brokers lost S$350m; ex-IPCO exec to serve 3 years in prison
THE 2013 penny stock crash has pummeled the
brokerages used by the alleged perpetrators with more than S$350 million of
unpaid losses, Singapore prosecutors said on Wednesday at the hearing of the
first of three defendants.
The prosecution painted the accused, Goh
Hin Calm, as a “seed funder and finance manager” who helped co-defendants John
Soh Chee Wen and Quah Su-Ling to control a web of 189 trading accounts that
were used to drive up the share prices of Asiasons Capital, Blumont Group and
LionGold Corp in 2013. Asiasons is now called Attilan Group.
Goh, in a white, long-sleeved shirt and
without displaying any outward emotion, pleaded guilty to two charges of
abetment. Justice See Kee Oon sentenced Goh, a former interim chief executive
of IPCO International, on Wednesday to three years in prison.
Goh faced a maximum penalty of S$250,000 in
fines and seven years in prison for each charge.
Deputy Public Prosecutor Nicholas Tan
sought two concurrent three-year prison terms – one for each charge – arguing
that it would set a deterrent, and reflected the harm caused by Goh’s actions
and the extent to which he knew what he was doing.
Goh’s lawyer, Adrian Wee of Characterist
LLC, sought leniency on the basis of Goh’s remorse, and the fact that Goh had
only a limited role in the alleged scheme. This is also Goh’s first offence.
Goh’s guilty plea sets him up as a possible
witness for the prosecution in the coming trial for Soh, a Malaysian
businessman, and Quah, who was CEO of IPCO before Goh. IPCO has since been
renamed Renaissance United.
The losses faced by the brokerages, which
include Phillip Securities, RBC, Goldman Sachs, Interactive Brokers and Saxo
Bank, represented unpaid amounts as at April 2018, the prosecution said. Those
stemmed from amounts owed as a result of financing backed by Asiasons, Blumont
and LionGold shares and extended to the accounts that Soh and Quah allegedly
controlled, and from contra losses after the prices of those stocks collapsed
in October 2013.
The prosecution alleged that Goh and his
wife helped Soh and Quah to set up 10 personal trading accounts at five
different brokerages between 2008 and 2011, then ceded control of those
accounts to Soh and Quah. Goh was further accused of helping to facilitate the
creation of another seven personal trading accounts by four individuals and 11
corporate accounts.
Those accounts, as part of the 189 accounts
that the prosecution said were controlled by Soh and Quah, were allegedly used
to trade shares of Asiasons, Blumont and LionGold, the three counters at the
heart of the 2013 crash.
The prosecution’s statement of facts
alleged that Soh and Quah would get others to open trading accounts, whether
personal or corporate, and then authorise Soh or Quah to make trades using
those accounts.
Those accounts were used to rapidly trade a
significant volume of shares in Asiasons, Blumont and LionGold shares between
themselves on contra, the prosecution alleged. Contra refers to the practice in
which trades are reversed – and profits and losses realised – before they have
to be settled.
Goh managed a pool of funds to help Soh and
Quah pay off contra losses on their various controlled accounts, the
prosecution said. He also helped to keep track of the shareholdings held under
the various accounts. Spreadsheets that he maintained while carrying out those
tasks were used by the prosecution as evidence of the controlled accounts.
In all, the prosecution is alleging that
the controlled accounts were held by 60 individuals and companies; and at 20
financial institutions, including local and foreign brokerages, as well as
international banks.
At one time, Goh’s spreadsheet suggested
that Soh and Quah’s controlled accounts held about 36.5 per cent of Asiasons
shares, 15.3 per cent of Blumont’s shares, and 54.1 per cent of LionGold
shares, the prosecution alleged.
The prosecution alleged that the controlled
accounts were behind 88 per cent of the total traded volume of Asiasons shares
between Aug 1, 2012 and Oct 3, 2013; 60 per cent of the total traded volume of
Blumont shares between Jan 2, 2013 and Oct 3, 2013; and 90 per cent of the
total traded volume of LionGold shares between Aug 1, 2012 and Oct 3, 2013.
The “wash trading” between controlled
accounts helped to create an artificial picture of liquidity and demand for the
three stocks, and drove up the prices for those counters by multiples over the
bulk of a year, prosecutors said. The inflated shares were then used by Soh and
Quah as collateral to obtain financing, the statement of claims stated.
On Oct 4, 2013, however, the prices of
those shares collapsed, fueling a sell-off in penny stocks on the Singapore
Exchange. The probe into the circumstances of that crash has been described by
authorities as the largest securities fraud investigation in Singapore’s
history.Goh’s hearing is the first to come out of those investigations. The
joint trial for Soh and Quah is currently scheduled for March 25.
Tay Peck Gek, Kenneth Lim
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