Bị hại vụ Tân Hoàng Minh “nhẹ lòng”

The case involving Tân Hoàng Minh has seen new developments as the People’s Procuracy of Hanoi proposed sentences for the accused. Đỗ Anh Dũng, the former Chairman of the Board of Directors of Tân Hoàng Minh Hotel Trading and Service Co., along with 14 accomplices, is facing charges of “Fraud and Misappropriation of Assets.”

Numerous illegal activities

The proposed sentence for Đỗ Anh Dũng is 9-10 years in prison, while Đỗ Hoàng Việt, the former Deputy General Director of Tân Hoàng Minh (and son of Đỗ Anh Dũng), is facing 5-6 years. Phùng Thế Tính, the former Director of the Finance and Accounting Department of Tân Hoàng Minh, and Hoàng Quyết Chiến, the former Deputy Director of the same department, are both facing 4-5 years. The remaining defendants are facing sentences ranging from 24 to 36 months.

According to the indictment by the People’s Procuracy, Tân Hoàng Minh faced financial difficulties in June 2021 due to large debts, unrealized projects, and the impact of the COVID-19 pandemic. To overcome these challenges, Đỗ Anh Dũng directed the lower levels of Tân Hoàng Minh to issue private corporate bonds to raise funds.

Severe consequences for society and individuals

The defendants committed several illegal acts, including signing “fake” contracts to transfer bonds and manipulating funds to transfer 9 bond lots from three companies – Cung Điện Mùa Đông, Soleil, and Ngôi Sao Việt (subsidiaries of Tân Hoàng Minh) – to Tân Hoàng Minh. As a result, this group defrauded over 6,600 investors of a total of more than 8,643 billion VND.

The People’s Procuracy considered the defendants’ actions to be dangerous to society, as they infringed upon the legal property rights of citizens, which are protected by law and the state. In this case, Đỗ Anh Dũng was the top decision-maker regarding the company’s economic activities, while Đỗ Hoàng Việt followed his father’s instructions.

“In this case, the defendant Dũng played a leading role in the issuance of 9 bond lots to illegally raise funds for Tân Hoàng Minh, with the assistance of the defendant Việt. The defendant Việt, as an advisor, actively implemented the instructions, providing significant support to Dũng in embezzling a large sum of money from the victims,” assessed the prosecutor. Furthermore, the remaining defendants played roles as accomplices, providing assistance and following the instructions of the father-son duo.

Significant compensation required

Regarding the mitigating factors, the People’s Procuracy pointed out that the defendants had good personal backgrounds, with families who had made significant contributions to the revolution and actively contributed to society. They also had no previous criminal records. Additionally, during the investigation and trial, they declared their guilt sincerely and actively cooperated with the investigating authorities. The full amount of money embezzled from the victims has been wholly repaid.

During the trial, defense attorney Giang Hồng Thanh, representing Đỗ Anh Dũng, argued that his client did not have the intention or consciousness to exploit the bond issuance to deceive the public and take their money. Refraining from repayment would have resulted in even greater damage due to the impact on Tân Hoàng Minh’s reputation and ongoing projects.

According to the defense attorney, the compensation amount in this case is the largest ever seen in property infringement cases. This amount reflects the remorse and acceptance of responsibility by the defendants, as well as their desire to minimize the damage to the investors.

The defense attorney also emphasized that according to the law, if comprehensive compensation has been made, the court should consider applying special criminal policy. Previous cases have seen offenders receive lenient sentences under these circumstances.

Based on various analyses, the defense counsel requested the court to consider applying the provisions of the law, granting Đỗ Anh Dũng a compassionate and humane punishment, which would allow him to contribute to economic development upon release.

Representing Đỗ Hoàng Việt, attorney Nguyễn Văn Tú highlighted the large number of victims in the case and their significant request for reduced sentences for the defendants. On the first day of the trial, hundreds of victims, despite the rain, came to the court to express their desire for leniency towards the defendants.

Attorney Tú emphasized the determined and comprehensive efforts made by the father-son duo to rectify the situation and repay the substantial amount of money. “The recovery of this amount in difficult economic circumstances is an extraordinary effort by the two defendants and many others,” the lawyer commented, suggesting a reduced sentence for the defendants.

The trial will continue with further arguments on the following day.

Request to accept the victims’ demands

Regarding civil liability, the People’s Procuracy stated that the principal amount invested by the victims, amounting to 8,643 billion VND, had been misappropriated. Therefore, the court should accept the majority of the victims’ demand to have their principal amount returned.

Some victims requested interest payments, but the prosecutor argued that the issuance of bonds in this case violated the law. The bond purchase contracts were deemed invalid and should be handled in accordance with the legal provisions regarding invalid contracts (i.e., returning to each other what has been received, with no interest paid by Tân Hoàng Minh after the commencement of legal proceedings).

During the trial, many victims voluntarily acknowledged Tân Hoàng Minh’s efforts and expressed their desire to immediately receive their funds.