The criminal complaint was filed against Mr. Sompote Ahunai and Mr. Amorn Sapthaweekul, directors and executives of EA and EA’s sole subsidiaries with 99.99 percent shareholding (i.e., EA Solar Nakhonsawan Co., Ltd. and EA Solar Lampang Co., Ltd.), and Mr. Pornlert Techarattanopas. In this case, facts and evidence appeared, leading to the consideration that during the years 2013 – 2015, the three individuals colluded to commit fraudulent acts in the procurement of equipment from foreign suppliers and/or the procurement of software programs for the construction of solar plants of EA through the aforesaid subsidiaries. Both acts led to the three individuals gaining benefits at the total amount of 3,465.64 million baht. 

The acts of the three individuals above constituted offences under Paragraph 2 of Section 281/2, in conjunction with Section 89/7, Section 89/24, Section 311 and Section 315 of the Securities and Exchange Act B.E. 2535 (1992) (SEA), and in conjunction with Section 83 and Section 86 of the Criminal Code, as the case may be. The SEC has therefore filed the criminal complaint against the individuals with the DSI for consideration of further legal proceedings.   

In addition, the SEC has reported this legal action taken under the SEA to the AMLO since the offences in this case also constitute a predicate offence under the Anti-Money Laundering Act B.E. 2542 (1999), as amended. 

Filing a criminal complaint by the SEC is only the beginning of the criminal enforcement process. As to whether any persons are offenders shall be subject to the investigation of the inquiry official, the prosecution of the public prosecutor, and the adjudication of the court of justice, respectively. In this regard, the SEC will monitor progresses in the legal proceedings and will cooperate fully with relevant agencies to support legal enforcement under the SEA after the criminal complaint has been filed.   

Since the financial transactions in this case took place overseas, the SEC has collaborated with and received assistance from several foreign regulators in gathering documents and evidence for the case.     

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Remark:   

The criminal complaint above has caused the three individuals to have untrustworthy characteristics as director and executive of securities issuing company and listed company. As a result, they are not allowed to hold the positions of director and executive of any company whose securities are listed on the Stock Exchange, as from the date of being imposed with the criminal complaint throughout the period of legal proceedings in accordance with the Notification of the Securities and Exchange Commission No. Kor Jor. 3/2560 Re: Determination of Untrustworthy Characteristics of Company Directors and Executives.