He and three others are accused of running a fraudulent
scheme
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<!-- START OF : div id="storytext"--> THE man behind
multilevel marketer Sunshine Empire, which pulled in $189 million
from investors here, is facing 20 charges, including running a
fraudulent business and criminal breach of trust.
James Phang Wah, 49, appeared in the Subordinate Court
yesterday, more than a year after the Commercial Affairs Department
(CAD) launched a probe into the alleged scam which attracted tens
of thousands of unwitting investors.
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Another man, Sunshine's president (Asia Pacific) Jackie Hoo
Choon Cheat, 29, faced 10 charges including running a fraudulent
business. Two other people, including Phang's wife, also faced
related charges in court yesterday.
The main charge alleged that the two central figures were
running a Ponzi-like scheme involving many millions of dollars
raised from members of the public.
In Ponzi schemes, investors are lured to hand over cash on the
promise of high returns - but the returns simply come from funds
pumped in by new investors.
The charges allege that Sunshine, based at Toa Payoh HDB Hub,
was selling packages which offered returns in the form of cash
rebates. The returns were paid from the proceeds of packages bought
by later Sunshine participants.
According to Deputy Public Prosecutor April Phang, the revenue
generated by Sunshine, which has a paid-up capital of $150,000,
between August 2006 and November 2007 totalled $189 million.
It is believed that many investors have their money stuck with
the company and it is unclear whether they can get it back in
full.
Phang and Hoo also faced charges of failing to maintain proper
accounts.
The criminal breach of trust charges involve nearly $1 million.
Criminal breach of trust takes place when an offender has the
responsibility of holding money or assets on behalf of others but
misuses the funds by using them for other purposes. The maximum
penalty is life imprisonment, along with possible fines.
In addition, Phang faced six charges of falsifying accounts and
two related to possessing obscene films. Phang's wife, Neo Kuon
Huay, 46, was charged with falsifying accounts in relation to sums
exceeding $592,800.
A director of Empire Investment Group, Yong Wai Hong, 27, was
charged with making false declarations involving $1.45 million.
This had allegedly given Sunshine participants the false sense that
its affiliated firms have strong financial standing.
Yong is also chairman and chief executive of a Hong Kong-listed
firm Emcom International, which was acquired using Sunshine's sale
proceeds.
The prosecutor, Ms Phang, added that the bulk of Phang and Neo's
assets are in Hong Kong bank accounts.
Three of the accused, apart from Yong, were arrested on Monday
afternoon and spent that night in remand. Yong was on police bail
then.
Ms Phang stated that all four are considered a 'high flight
risk' as CAD has information that they are involved in some
business in Hong Kong.
Their passports were impounded and bail was set at $600,000 for
each of them. Last evening, they were released on bail and were
driven away in a convoy of Mercedes-Benzes and BMWs.
They were represented by lawyers Noor Mohamed Marican and Subhas
Anandan.
Phang, who has four children aged 15 to 23, was addressed as
'Lao Da' ('chief' in Mandarin) as he got into his car.
The Empire Group Alliance, a group spanning several Asian
countries, was set up in 2003. It claimed to have interests in
network marketing, entertainment, energy, real estate and
telecommunications.
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