“Online stock news” collect information on law enforcement awareness, which is divided into 1. Criminal Statistics, 2. Administrative Statistics/Administrative Statistics, and 3. Civil Sanctions Statistics for the year 2022, with reference to information from the Securities and Exchange Commission or the SEC. Collected as of November 31, 2022 and latest announcement to see SEC action against Securities Act Violators. and help law enforcement be more effective.
From civil penalties statistics collected from 8 cases, 36 offenders, including civil penalties. , reimbursement equal to the benefit received and reimbursements for audit expenses equal to more than 90.06 million baht
For the aforementioned civil sanctions, the measures are divided into 1. Price manipulation crime (manipulation of the security) 4 cases, 2 cases, 2. Crime of using privileged information / communication of privileged information (Inside trading) 6 cases, 31 crimes and 3. Offenses Consent to use a securities account / custody account or use a securities account / custody account in the amount of 1 case, it will be found that this year comes the civil punishment for “Inside Trading” offenses received the highest fine of 37.73 million baht, followed by a securities manipulation offense with a fine of 28 million baht.
With respect to those who have failed to comply with the civil sanctions measures outlined by the Civil Sanctions Committee (NBS), the SEC has filed two lawsuits in the Civil Court as evidenced in the attached table.
For criminal cases, the statistics for comparison and conviction in the year 2022 (referring to data up to November 30, 2022) found that there were crime and fine statistics for a total of 105 cases, for a total of 197 cases, which is higher than the year 2021 A total of 35 cases were sanctioned for 58 cases, most of which involved the disclosure of the company’s financial situation and operating results. Followed by failure to meet company policies.
As for the statistics of impeachment cases in 2022, a total of 25 cases, 72 cases were higher than in 2021, there were a total of 49 criminal cases, 10 cases, most of which were crimes in the disclosure of the position financial and operating results of the company. and followed by the unauthorized issuance of securities as shown in the attached table.
In terms of statistics, administrative acts, types of personnel (executives, executives / managers, fund manager, investment advisor) or chip professional (Financial advisors, analysts, real estate appraisal firms) in the year 2022 occurred 4 work suspensions and 9 investment recommendation licenses revoked, down from 2021 with 13 work suspensions and investment advisory licenses revoked for a total of 4 companies as shown in the accompanying table.
However, the news team “News Hoon Business Online” conducted further investigations into 8 civil lawsuits, a total of 36 cases. Pay fines totaling 24 million baht
While more recently (December 29, 2022), the SEC disclosed the indictment with civil penalties against 3 other offenders in the case of creating an artificial volume of digital assets in the amount of 18 coins in the digital asset exchange Bitkub (exchange center Bitkub) of Bitkub demanding a total payment of 75.01 million baht. In addition, the MSD imposed a measure to ban trading in digital assets or digital asset derivatives for 4 months and a ban on being a director or manager for 8 years.
While listed companies (listed companies) have been subject to the highest civil penalties by the SEC, particularly in cases where executives of Thai Union Group Public Company Limited or TU were guilty of using inside information. Disclose inside information to other people. Or witnessing the crime There are 9 people, namely Mr. Kraisorn Chansiri (who while committing the crime as Chairman of the Board of TU), Mr. Dispol Chansiri, Mr. Chan Hon Kit (who while committing the crime as a director of TU affiliates), Mr. Chan Tin Su, Ms. Cai Nguyen Ju, Mr. Chuan Tangchansiri (while committing a crime he was a director of TU), Ms. Chen Yu Zhen, Mr. Chan Hon Hung and Ms. Hui Pui Wah, with a total civil fine of nearly 9 million baht.
However, civil penalties and reparations restore the benefits received from such crimes. It is the national income that will be remitted to the Ministry of Finance. Civil penalties are an alternative to dealing with securities infringers. This helps make law enforcement more efficient. with a fair trial
There is a Civil Sanctions Review Committee (MSP), chaired by the Attorney General. and experts involved in the capital market Jointly consider the appropriateness of civil penalties. But if the offender is found to fail or fail to pay in full as agreed or fail to comply with civil penalties, the SEC can ask the civil court to enforce the case. And it can also charge the investigator with prosecution if the payment is not continued
