Case Report Forensic Account

EXECUTIVE SUMMARY

(subject to modifications – according to facts/case presented)

At around 2003, Tan Chai Yoong (“TCY”) which is the Director of WORLD RESOURCES AMPLE UNITED SDN. BHD ("WRAU") formerly known as CHAT EZY VENTURE SDN. BHD (“Chat Ezy”) was introduced by Mohammed Azmi (“Azmi”) which is Director in AMPLE UNITED CONSTRUCTIONS to Lee Kian Voon ("LKV").

Azmi and LKV told TCY that Gerbang Perdana Sdn Bhd have has been awarded one project of design, construction, commissioning completion for integrated customs and immigration and complex quarantine ("the said project") in Johor Bahru worth for RM150-200 million from Jabatan Kerja Raya (“JKR”). Azmi and LKV informed TCY that Gerbang Perdana intends to appoint Chat Ezy as their sub-contractor.

At around November 2003, LKV and Azmi introduced Chai Hin ("Chai") to TCY when they did a site visit in Johor Bahru. TCY is advised that Chai is the person in charge of the said project and the supervisor in JKR. Chai informed them that Gerbang Perdana has been awarded the said project and Chai will discuss with Gerbang Perdana to get the Deed of Assignment and Direct Payment from the government.

In early of 2004, LKV, Azmi and Chai demanded from TCY RM3.75million for their consultation fees. TCY made the first payment via cheque for RM50,000 using Chat Ezy Maybank Account on 03.08.2004 for bills on quantity and drawing to LKV.

In March 2004, LKV and Azmi submitted to TCY the Deed of Assignment, Deed of Assignment Direct Payment to 3rd party, the Letter of Award from Gerbang Perdana to Chat Ezy and a letter from Gerbang Perdana to Chat Exy for instruction proceed ("the said documents").

On 17.3.2004, TCY made the second payment of RM1.5 milliono to LKV through two separate cheques amounting RM1million and RM500,000.00 from Chat Ezy Maybank Account. Nevertheless, TCY did not receive any BQ or drawings from LKV despite the payment.

On 11.5.2004, TCY sent a letter to Gerbang Perdana for verification of the said documents and the letter was addressed to Ir Yoong. TCY received two explanatory letters dated 12.5.2004 and 14.5.2002 from Gerbang Perdana stating that Gerbang Perdana never produced the said documents and had no knowledge. TCY also sent a letter to JKR on 2.7.2004 and the same reply received from JKR.

On 11.7.2004, TCY lodged a police report against LKV, Azmi and Chai.

IDENTIFICATION OF OFFENCES

Referring to the police report lodged by TCY, we could identify several possible offences that might have been committed based on facts transpired in the police report;

1. Section 420 Penal Code - Cheating and dishonestly inducing delivery of property

“Whoever cheats and thereby dishonestly induces the person deceived, whether or not the deception practiced was the sole or main inducement, to deliver any property to any person, or to make, alter, or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term which shall not be less than one year and not more than ten years and with whipping, and shall also be liable to fine.”

1. Ingredients:-

1. Whoever cheats and thereby dishonestly induces the person deceived;
2. to deliver any property to any person.

1. Possible suspects:

1. Notes:

1. Section 465 – Punisment of Forgery

“Whoever commits forgery shall be punished with imprisonment for a term which may extend to two years or with fine or with both”.

1. Ingredients:

1. Explanation under Section 463 Penal Code – Definition of forgery

1. Whoever makes any false document
2. with intent to cause damage or injury
3. or with intent to commit fraud or that fraud may be committed, commits forgery.

1. Explanation under Section 464 (a) Penal Code

1. who dishonestly or fraudulently makes, signs, seals or executes a document
2. with the intention of causing it to be believed

1. Possible suspects:

1. Notes:

1. Section 120B - Criminal Conspiracy

1. “Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for a term of two years or upwards shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.”

1. Ingredients:

1. Whoever is a party to a criminal conspiracy
2. to commit an offence punishable with imprisonment for a term of two years or upwards

1. Possible suspects:

1. Notes:

this classification of case will eliminate. Further explanation and justification will elaborate in elimination process section.

1. Section 191 - Giving false evidence

“Whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence.”