Witness admits brokerage did not conduct internal investigation into accounts despite CAD, MAS probe
SINGAPORE (Oct 22): Maybank Kim Eng Securities did not conduct internal investigations into accounts under broker Ong Kah Chye, even after receiving probes from the Commercial Affairs Department (CAD) and the Monetary Authority of Singapore (MAS), a representative of the brokerage admitted in court on Tuesday.
These accounts under Ong are believed to have been part of a web of trading accounts used by alleged masterminds John Soh Chee Wen and Quah Su-Ling to manipulate shares in Blumont Group, LionGold Corp and Asiasons Capital (now Attilan Group) in the 2013 penny stock crash.
Prosecution witness Kwek Thiam Buck, head of the retail brokerage trade support department at MBKE, said under cross-examination on Tuesday that the brokerage firm only knew of the severity of Ong’s involvement upon hearing from state prosecutors.
“There was no basis to investigate until or unless we have evidence that the account was in misuse,” Kwek said. As head of MBKE’s client services margin department between 2014 and April 26 this year, he oversaw the cash equities, margin financing and client services departments.
Kwek added that MBKE wanted to err on the side of caution and did not want to jeopardise the authorities’ investigations. As such, he claimed that MBKE had “held back on internal investigations,” even though the law enforcement agencies had not directed them to do so.
Further, Kwek noted that “there was no basis” for MBKE to conduct internal investigations as the brokerage often received queries from the authorities.
He added that the brokerage would only dig deeper when there was evidence of involvement in unauthorised activities or malpractice.
To this, Soh defence counsel, led by senior counsel N Sreenivasan of K&L Gates Straits Law, declared that Kwek’s testimony was “hypocritical”.
“[MBKE] did not bother about this,” Sreenivasan suggested.
Earlier, during examination-in-chief by deputy public prosecutor David Koh, Kwek stressed that account holders may “only apply for trading accounts for themselves and not behalf of any other person or third party”.
He elaborated that this is so the bank verifies the creditworthiness and background of the client to assess if he could be involved in money laundering or terrorist financing activities.
The practice is also to “make the account holder liable for all the trades made” in order to facilitate the recovery of losses, he added.
While this means that the account holder is the only one that can give trading instructions, Kwek added that written third-party authorisation may be given. He went on to say that such authorisations are processed immediately for immediate family members. In other cases, the processing is done personally by the trading representative, Kwek said.
In addition, Kwek emphasised that the brokerage is firmly against nominee trading.
In Soh’s situation, where instructions were given to trading representatives without the proper third-party authorisation, Kwek said he would issue a warning and reprimand the trading representative to stop such trades.
Earlier in the day, the court had also heard about the importance of third-party authorisation when Choo Lee Lee, an associate director at UOB Kay Hian’s Credit Control Department, returned to the stand.
In response to questions by Quah’s lawyer, Philip Fong of Eversheds Harry Elias, Choo revealed that the brokerage firm earns higher commissions from contra trading.
However, she added that the amount of benefits gained is dependent on the risk level and limiting amount available to the credit holder.
Contra trading occurs when the same shares are bought and sold without payment being made. But after a transaction, investors are given three days – known as the contra period – to transfer the cash to the brokerage as payment for the shares.
Such method of trading is said to have been favoured by Soh and Quah as part of their alleged market manipulation scheme.
Choo noted that the brokerage conducts extensive credit assessments before allowing clients to perform such trades. And even if they are deemed to be credit worthy, a client is “only given as much credit as he is assessed to be worthy of,” Choo added.
While the bank is not concerned with who advises clients on the trades performed through their accounts, Choo stressed that it is the responsibility of trading representatives to get third-party authorisation from their clients.
The trial resumes at 10.30am on Wednesday.
What the 2013 Penny Stock Crash trial is about
John Soh Chee Wen is the alleged mastermind behind the penny stock crash of 2013, which prosecutors have called “the most audacious, extensive and injurious market manipulation scheme ever in Singapore”.
Together with his alleged co-conspirator and girlfriend Quah Su-Ling, Soh and his associates are alleged to have been behind the massive rise and sudden collapse of shares in Blumont Group, LionGold Corp and Asiasons Capital (now Attilan Group), which wiped out some $8 billion in market value.
Subscribers can click here to read our 8-page special pullout on the penny stock crash trial.
Don’t miss out on these highlights in the penny stock saga so far:
Second tranche of witnesses (starting Oct 1, 2019)
John Soh trial resumes with a peek into deceit, betrayal in 'inner circle'
Prosecution witness Ken Tai reveals more stock brokers involved in 'market rolling' web
More tales of jealousy, betrayal emerge in penny stock trial
Witness Ken Tai 'disgusted' by the way boss John Soh treated his closest allies
Witness Ken Tai admits to market manipulation for his own gain after lengthy cross-examination
IPCO office was 'admin centre' for penny stock scandal, witness reveals
CGS-CIMB, DBS Vickers deny knowledge of unauthorised third-party instructions
Overseas calls from Malaysian phone number to Singapore 'traceable,' Singtel representative reveals
First tranche of witnesses (March 11, 2019 to May 24, 2019)
John Soh, alleged mastermind behind penny stock crash arrested; to be charged on Friday
Charges slapped on masterminds of penny stock scheme cast new light on old reports
Penny stock saga’s alleged mastermind John Soh denied bail; faces total of 188 charges
John Soh could face longest-ever jail term for financial crime in Singapore
John Soh's legal team from WongPartnership discharges itself
Defence lawyers for alleged masterminds attempt to pin 2013 penny stock crash on forced selling
Alleged 'treasurer' Goh Hin Calm to testify against Soh, Quah
Penny stock crash scandal's 'treasurer' sentenced to three years' jail
Goh Hin Calm confirmed as prosecution witness as penny stock crash trial kicks off
Inner workings of penny stock scandal revealed by first prosecution witness
Prosecution witness coached by investigating officer, claims John Soh's lawyer
Quah Su-Ling's lawyer accuses prosecution witness of 'inventing evidence', front-running
Ex-remisier admits to conducting trades without third-party authorisation from account holders
'Fearful' prosecution witness admits even third statement might not have been the whole truth
Prosecution witness Lee accused of lying and concealing facts in court
New witness claims Quah Su-Ling was 'hysterical' when asked about settlement of losses
SGX restrictions could have caused 2013 penny stocks crash, says Lim & Tan director
John Soh's former girlfriend had full control of bank account used in trading, court hears
Quah's employee delivered cash payments for 8 accounts, court hears
Witness cites 'clerical oversight' as defence alleges lack of anti-money laundering checks
Ex-Maybank Kim Eng dealer admits Soh gave orders on trades in 3 accounts
Counsels argue over how witnesses' conditioned statements were prepared and used
Witnesses say John Soh, Quah Su-Ling directed 2013 stock manipulation trades