Chinatrust’s fomer vice chairman Jeffrey Koo Jr given lengthy prison sentence for financial scam

Chinatrust’s Koo Jr given lengthy prison sentence for scam

CNA 2013-06-01

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The former vice chairman of Chinatrust Financial Holding Co was sentenced Friday to nine years and eight months in prison and fined NT$150 million (US$5 million) for his role in a financial scandal.

The Taiwan High Court found Jeffrey Koo Jr guilty of violating the Securities and Exchange Act and the Banking Act with regard to irregularities in transactions of structured notes linked to Mega Financial Holdings during the period 2005-2006.The financial scam allowed an offshore paper company, Red Fire Developments, which was set up by Koo’s trusted subordinates, to pocket a windfall that caused losses for Chinatrust Financial, the court found.

The court said that Koo, as a well-known banker in a senior position, and several of his subordinates, including former financial head of Chinatrust Financial Perry Chang, former top legal adviser Deng Yan-dun and former financial official Lin Hsiang-hsi, should have shown high ethical standards, but instead evaded internal regulation to arbitrarily dispose of the bank’s assets and manipulate stock transactions for their own profit.

Red Fire Developments became a “personal coffer” and it is a “major property crime,” the court ruled.

The court also sentenced Chang to eight years and six months in prison, with a fine of NT$50 million (US$1.67 million), while Deng was sentenced to seven years and six months and Lin got eight years. Both Chinatrust Financial and the defendants’ lawyers said they would appeal.

The company said in a statement that the profits made by Red Fire Developments, as a special purpose vehicle, in the re-sale of structured notes went to Chinatrust Financial, which did not suffer any loss. None of the defendants pocketed any money from the deals, the company said.

A statement from Koo’s lawyers denied that Red Fire Developments was his “personal coffer.”

Koo, 48, was indicted in December 2009 for masterminding the scam. He is the oldest son of the late Jeffrey Koo, founder of Chinatrust.

He was accused of instructing Chinatrust Commercial Bank, one of Chinatrust Financial units, to buy structured notes linked to Mega Financial from issuer Barclays Bank PLC without approval from the board of directors.

Through its branch in Hong Kong, Chinatrust Commercial Bank bought a total of US$390 million of structured notes and then sold the securities at a low price to Red Fire in what prosecutors deemed a non-arm’s length deal, so that the paper company, which had been capitalized at just US$1, garnered about NT$1 billion (US$33.35 million) in profit.

After the transaction, Red Fire wired the proceeds to several other offshore companies so that the illegal funds would not be traced, prosecutors said.

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Kee Koon Boon (“KB”) is the co-founder and director of HERO Investment Management which provides specialized fund management and investment advisory services to the ARCHEA Asia HERO Innovators Fund (www.heroinnovator.com), the only Asian SMID-cap tech-focused fund in the industry. KB is an internationally featured investor rooted in the principles of value investing for over a decade as a fund manager and analyst in the Asian capital markets who started his career at a boutique hedge fund in Singapore where he was with the firm since 2002 and was also part of the core investment committee in significantly outperforming the index in the 10-year-plus-old flagship Asian fund. He was also the portfolio manager for Asia-Pacific equities at Korea’s largest mutual fund company. Prior to setting up the H.E.R.O. Innovators Fund, KB was the Chief Investment Officer & CEO of a Singapore Registered Fund Management Company (RFMC) where he is responsible for listed Asian equity investments. KB had taught accounting at the Singapore Management University (SMU) as a faculty member and also pioneered the 15-week course on Accounting Fraud in Asia as an official module at SMU. KB remains grateful and honored to be invited by Singapore’s financial regulator Monetary Authority of Singapore (MAS) to present to their top management team about implementing a world’s first fact-based forward-looking fraud detection framework to bring about benefits for the capital markets in Singapore and for the public and investment community. KB also served the community in sharing his insights in writing articles about value investing and corporate governance in the media that include Business Times, Straits Times, Jakarta Post, Manual of Ideas, Investopedia, TedXWallStreet. He had also presented in top investment, banking and finance conferences in America, Italy, Sydney, Cape Town, HK, China. He has trained CEOs, entrepreneurs, CFOs, management executives in business strategy & business model innovation in Singapore, HK and China.

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