The SEC
found that (1) Mr. Hoai Nam, (2) Mr. Trung Banh, and (3) Mr. Trung Huynh, who
are co-developers and the principal operators of the Holdstation application, and
(4) Mr. John Palmer, the developer of the UNO application, provided platforms
through both the Holdstation and UNO applications for trading or exchanging
digital assets for the public in the manner of digital asset brokerage, whereby
fees were charged. In addition, Thai language services were provided within the
applications and Thai language descriptions of the applications were published
on the website www.world.org, as the case may be. Such conduct is considered to
constitute operating a digital asset brokerage business without a license, in
violation of Section 26 of the Emergency Decree on Digital Asset Businesses
B.E. 2561 (2018) (Emergency Decree), and is subject to penalties under Section
66 of the Emergency Decree in conjunction with Section 83 of the Criminal Code,
as the case may be.
In
addition, it appeared that the UNO application received assistance and facility
in publicizing its services from TFH. Therefore, TFH’s conduct is considered to
constitute assisting or facilitating the UNO application in operating a digital
asset brokerage business without a license, in violation of Section 26, which
is subject to penalties under Section 66 of the Emergency Decree in conjunction
with Section 86 of the Criminal Code.
At the
time of the incident, Mr. Alex Blania, Chief Executive Officer of TFH, was the
person responsible for the operation of TFH. Accordingly, Mr. Alex Blania is
liable in the same manner as TFH under Section 94 of the Emergency Decree.
The SEC
has therefore filed a criminal complaint against the six persons, namely (1)
Mr. Hoai Nam, (2) Mr. Trung Banh, (3) Mr. Trung Huynh, (4) Mr. John Palmer, (5)
TFH, and (6) Mr. Alex Blania, with the ECD for further legal proceedings.
Following
the criminal complaint filed by the SEC, the criminal enforcement process will
proceed with an investigation by the inquiry official, prosecution by the
public prosecutor, and adjudication by the court of justice, respectively. In
this regard, the SEC will monitor the progress of the legal proceedings and
fully cooperate with relevant agencies to support legal enforcement under the
Emergency Decree after the criminal complaint has been filed.
In
addition, the SEC has submitted information regarding the Holdstation and UNO
platforms to the MDES for the purpose of blocking access to the platforms. This
action is in accordance with the Royal Decree on Measures for Preventing and
Suppressing Technology Related Crimes (No. 2) B.E. 2568 (2025), which
authorizes the MDES to order the blocking of unlicensed digital asset trading
platforms to protect investors and prevent the use of unlicensed digital asset
trading platforms for money laundering activities. As a result, public access
to the Holdstation and UNO platforms will be blocked from 1 October 2026.
In this
regard, the SEC advises investors who use the Holdstation and UNO applications
to consider taking action with respect to their own assets held on the
platforms before the platform blocking deadline. Users should monitor changes
to the services and consider transferring their digital assets to other digital
asset storage channels, such as a personal wallet or a licensed digital asset
business operator. The blocking of the above platforms will be limited to
blocking access channels to the Holdstation and UNO platforms only.
The SEC
also urges the public and investors to exercise caution when using services of
unlicensed digital asset business operators, as they will not be protected
under the law and may be exposed to risks of fraud and scams as well as money
laundering activities. The list of licensed business operators can be verified
on the SEC’s website at www.sec.or.th and via the SEC Check First application. Additionally, the
list of individuals or entities not regulated by the SEC is available in the
Investor Alert section on the SEC’s website at https://market.sec.or.th/public/idisc/th/InvestorAlert.
To
report any leads or tip-offs regarding suspicious activities, please contact
the SEC Complaint Center via Hotline 1207, the SEC official Facebook page, or
the SEC Live Chat on the SEC website for further in-depth investigation.