Following a referral from the Stock Exchange of
Thailand (SET) in 2022 and the SEC’s further investigation, evidence revealed
reasonable grounds to believe that a group of eight individuals, namely – (1)
Mr. Boon-aue Chitthanom, (2) Miss Kittiya Utokyota, (3.) Mr. Pinyo
Ruckapunmetee, (4) Mr. Phakpoom Termsereekul, (5) Mr. Sittichai Phonsap-anan,
(6) Mr. Sathaporn Phothong, (7) Mr. Suwit Cheewatham, and (8) Mr. Phongpat
Cheewatham – with personal, financial relationships and securities trading
activities, colluded to manipulate the price and/or trading volumes of SA
shares during the period of 29 July 2021 to 31 March 2022 (totaling 167
business days). Their trading activities included sending trading orders in a
manner that pushed prices upward, placing bid offers at multiple price levels
in a way that obstructed and pressured other investors to buy at higher prices,
controlling opening and closing prices by sending buy or sell orders during the
pre-opening and pre-closing periods in a manner that pushes the projected
opening or closing price to increase. Consequently, their actions misled the
public and caused the price or trading volumes of the SA shares to deviate from
normal market conditions.
The actions of the eight offenders above constitute a violation 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) (“SEA”), in conjunction with Section 83 of the Criminal Code, as the case may be, and subject to the
penalties under Section 296, Section 296/1 and
Section 296/2 of the SEA. The SEC has therefore filed
criminal complaints against the eight offenders with the DSI for further legal
action.
Concurrently, the SEC has reported these legal proceedings above to the
AMLO for consideration of further action because such offenses are unfair
activities related to securities trading, which constitute a predicate offense
under the Law on Anti-Money Laundering.
Following the criminal complaints 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 SEA after the criminal complaint has been filed.