Following
a referral from the Stock Exchange of Thailand (SET) in May 2020 and the SEC’s
further investigation, it was found that during 6 December 2019 to 31 March 2020,
nine individuals who were connected through personal relationships and
financial transactions jointly manipulated the price or trading volume of VL
securities by placing buy or sell orders or buying or selling VL securities in
a manner that misled other persons about the price or trading volume of the
securities. They placed orders continuously with the intent to distort the
price or trading volume of the securities from normal market conditions. The
nine offenders are: (1) Miss Neeranud Petchpradab, (2) Mr.
Teerapong Porapha, (3) Miss Saovanee Nimisilp, (4) Mr. Yuttichai Pranee, (5) Mr. Supasit
Pokinjaruras, (6) Miss Paranee Mekdumrongsang, (7) Mr. Bovorn Rungruangnavarat, (8) Mr.
Natpapat Keschaimongkol, and (9) Mr. Pichet
Permsubhirunya.
In this regard, the nine offenders jointly committed the misconduct by
allocating roles among themselves in trading VL securities in a manner that
manipulated the price or trading volume of the securities. Their behavior
included placing buy or sell orders for VL shares at similar prices, amount,
and within a similar period of time, resulting in matched trades among
themselves, placing large-amount buy orders at multiple price levels to
obstruct purchasing of other investors, and submitting buy orders during
pre-opening or pre-closing periods, as well as sending buy orders to push the
prices higher. Their actions caused the VL share price to be inconsistent with
normal market conditions.
The nine
offenders’ acts above constitute offenses of jointly manipulating securities
price and volume under Section 244/3(1)(2) in conjunction
with Section 244/5 and Section 244/6
of the Securities and Exchange Act B.E. 2535 (1992) (“SEA”), (as the case may
be), in conjunction with Section 83 of the Criminal Code,
liable to the penalties under Section 296, Section 296/1 and Section 296/2 of the SEA.
The Civil Sanction
Committee (CSC) has therefore resolved to impose civil sanctions on the nine offenders,
as follows:
- Five
offenders are required to pay a civil penalty, compensation in the amount equal
to the benefit received or to be received, and reimbursement of the
investigation expenses incurred by the SEC, as follows: Neeranud paying
a total of 4,083,457 baht,
Teerapong paying a total of 1,205,630 baht, Paranee paying a total of 1,311,747 baht, Bovorn
paying a total of 1,308,472 baht, and Natpapat paying a total of 815,934 baht. Additionally, each of them is prohibited from trading
securities or derivatives for 17 months, and is barred from serving as director
or executive of securities issuing companies and securities companies for 34
months;
- Three offenders, namely
Saovanee, Yuttichai, and Pichet, are
required to pay a civil penalty and a reimbursement of the investigation
expenses incurred by the SEC, totaling 532,315
baht each. Additionally, each of them is prohibited from trading
securities or derivatives for 17 months and is barred from serving as director
or executive of securities issuing companies and securities companies for 34 months;
- Supasit is
required to pay a civil penalty and reimbursement of the investigation expenses
incurred by the SEC, totaling 532,315 baht,
and is prohibited from trading securities or derivatives for 22.5
months, and is barred from serving as director or executive of
securities issuing companies and securities companies for 45 months.
The civil sanctions
imposed by the CSC will take effect after the offenders sign a letter of
consent to comply. Otherwise, the SEC will submit the case to the public
prosecutor for filing a lawsuit in the Civil Court to seek an imposition of
civil sanctions with the maximum applicable statutory penalties, which shall
not be lower than the civil sanctions specified by the CSC.
Civil penalties and
compensation for the benefits received or to be received from committing
offenses shall be remitted to the Ministry of Finance as public
revenue.