Following a referral from the Stock Exchange of
Thailand (SET) in September 2024, and the SEC’s further investigation, evidence
indicated a reasonable ground to believe that Jakchai
engaged in activities intended to manipulate the price and/or trading volume of
PK shares during 10–11 April 2024, TKT shares during 24–25 April 2024, and PROS
shares during 10–13 May 2024. His conduct included placing buy and sell orders
with the intent of pushing prices upward, placing multiple layers of buy orders
in a way that obstructed other investors’ orders, and placing buy orders during
pre-opening and pre-closing periods with the intent of pushing up the opening
or closing prices. Such practices misled
the public about the prices and/or trading volumes of the securities and caused
the prices and/or trading volumes of PK, TKT and PROS shares to deviate from
normal market conditions.
Jakchai’s actions constitute violations of Section
244/3 (1) and (2) in conjunction with the presumption under Section 244/5 of
the Securities and Exchange Act B.E. 2535 (1992), subject to penalties under
Sections 296, 296/1, and 296/2 of the same Act. The SEC has therefore filed the
criminal complaint against Jakkrachai with the ECD for further legal
proceedings.
In addition, the SEC has notified the AMLO of the
matter since the offenses constitute unfair securities trading practices, which
are predicate offenses under the Anti-Money Laundering Act B.E. 2542 (1999).
Following the criminal
complaint filed by the SEC, the criminal enforcement process will proceed with
an investigation by the inquiry official, a prosecution of the public
prosecutor, and an 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 Securities
and Exchange Act after the criminal complaint have been filed.