Showing posts with label greed.. Show all posts
Showing posts with label greed.. Show all posts

Wednesday, 2 September 2020

Lim Oon Kuin charged with fraudulent trading.




If you think Najib was crooked, we have our very own here in local soil. There is no doubt that the rich will become richer, some through legitimate means, others through cheat and lies. 


Oil tycoon, Lim Oon Kuin, and his two children, Evan Lim (son) and Huey Ching (daughter) are being sued over $4.8b in debt. The evidence unearthed was as blatant as they were unbelievable. Court documents show they were charged with “fraudulent trading” and “breaching their fiduciary duties as directors.”


To start with, it is reported that they had paid themselves a whopping $90m in dividends even though their company was practically insolvent. ”They were accused of deliberately concealing (Hin Leong’s) losses and portraying it as a profitable company when in fact it was massively insolvent.”


The methodology is as simple as it is malicious. Fraud at all levels has its own elegance, and it is the elegance of a polished image seeking to deceive. That is essentially how the Lim family allegedly profited insanely from their ill-gotten gains. 


From the father to his children, the image was one of trust, lies and betrayal. That appears to be their modus operandi as reported.


“The alleged fraudulent activity included the creation of fictitious gains to conceal accumulated trading and losses, the forgery of documents, the manipulation of Hin Leong’s accounts through irregular accounting entries, the overstatement of Hin Leong’s inventory and the obtaining of financings through improper means.”


Seen from those allegations, the company was practically exploited as a prostitutional vehicle for the carnal pleasures of its controlling masters driven first and foremost by insatiable greed and incomprehensible desperation. And here is the polished or spruced up image part for your digest.


“As a result, they presented a vastly misleading picture of its financial health to external parties and deceived its lenders into extending financing, even though Hin Leong has been insolvent since the financial year ended Oct 31, 2012.”


Imagine perpetuating a lie to so many people (or institutions) who had trusted them and doing it for years so as to keep up with appearances and reap the status quo of immense wealth. And if this does not speak of a conscience that is not only broken, but also sold to the highest bidder in the marketplace of greed and avarice, then I do not know what it is. 


The lesson here is the lesson familiar to all of us. Social experiments on greed in real time have been done on mankind throughout history, and those who stumble and fall are generally in the majority. 


When placed in a position of inordinate power and wealth, the temptation itself is equally inordinate. And many will testify that none are exempted from it. Even the most seemingly pious of us all falls prey to their own unquenchable appetites for never having enough or believing that they are different. 


But confronting a universal reality or truth about us doesn’t mean that we have not seen or witnessed inordinate courage and moral stamina demonstrated by people existing in the continuum of the most ordinary to the most extraordinary. 


Some lead selfless lives. Others mislead with what is projected as selfless lives. However, both life choices over time define them. One will be remembered as a narrative of hope and moral courage in the face of the toughest, most visceral human temptation. The other will go down in history as a creator of his own misfortune, by blindly believing in his own invincibility.


Alas, what is reported about the Lims and how they had manufactured lies in fictitious accounts in order to feed their endless appetites for a lifestyle and a reputation that many can only dream shows not just a gapping hole in morality, but also a bankruptcy of humanity. 


FYI, this is what was reported. “Given the magnitude and extent of the fabricated gains and forged documents, Evan Lim and (his sister)...ought to have known that fictitious swap trades were created to conceal Hin Leong’s losses, interbank transfers were executed to give a false appearance that payment was received in respect of these swap trades, and that documents were forged to support these fictitious swap trades.”


You will have to read the suit and all its allegations to have a feel of that which cannot be denied, and that is, where one’s treasure is, there you will find his heart. 


At all times, we are driven by the lust of our nature. No one stands at an untouchable distance from it. When we give in to it, both willingly and unwittingly over time, we transform ourselves eventually to the worst that our nature has designed for us.


Indeed, our humanity cries out for salvation, for redemption from our nature, but our inhumanity accuses us of the weakness in our humanity to make unheeded cries, believing that we can change for the better. 


What therefore becomes of us depends on whether we give in to our cries to seek authentic change or we stand on the heap of our perceived achievements to accuse those who humble themselves as failures or underachievers, not knowing their fall from the top comes in many ways, and it doesn’t need to be material bankruptcy; it could be the bankruptcy of the soul.


So, where our treasure is, there is where our heart resides. And the treasure we seek defines us. Some ultimately seek to control us, to take over. Others, for the treasure that requires us to seek with earnest, faithfulness and hope, once found, they aim to transform us. The choice is still ours to make.

 

Thursday, 28 November 2019

Keppel trouble - Systemic Corruption.

Keppel is in the news again. 

One of her lawyers Jeffrey Shiu Chow was sentenced to probation and a fine of US$75,000 by a US district judge. He will be serving his probation in Singapore, where he resides with his wife. 

Jeffrey, 60, pleaded guilty to conspiring to violate the anti-bribery provisions of the Foreign Corrupt Practices Act. 

He drafted and approved contracts between KOM (Keppel Offshore & Marine) and its agents in Brazil, “knowing the contracts were fraudulent and meant to conceal bribes.”

He said: “although no one ever named the bribe recipients for me, I knew they were government party officials and (members of the then) ruling political party.”

In his defence, Jeffrey’s boss (Thomas Keaty) has this to say about him: “(Jeffrey) is one of the most honest people known in life.” 

Another colleague descibed the misconduct as Jeffrey’s “one lone mistake in 26 years of exemplary service to his company and his profession.”

Lesson? One, and it is a lamentation. 

KOM’s history with corruption has been a very long one. It goes back to 1997. And about one year ago, former AG Walter Woon ("WW") wrote an article to trace the paper trail. He highlighted this Straits Times headline at that time: -

"Keppel fined $300,000 for giving $8.53m in bribes for contracts". 

That was more than twenty years ago. 

Then, three years ago, in 2016, the former CEO and president of ST Marine "(pleaded) guilty in August and got 10 months' jail as well as a $100,000 fine." 

Between 2000 and 2011, the total bribe paid out was at least $24.9m, and in Dec 2017, Keppel eventually agreed “to pay US$422 million to resolve the corruption charges with the authorities in the US, Brazil and Singapore.”

Now, this morning, we hear of news of a lawyer admitting to “drafting contracts that were used to make bribe payments,” and he has “worked in the legal department of KOM for over 25 years.”

So, In 1997, Keppel was fined $300k. 20 years later, her top employees faced imprisonment and fine. 

And I believe the investigation is still ongoing as I write this, and this is surely a stain in our clean and corruption-free city-state. 

I recall our PM once said that “there is a Chinese proverb: "If the top beam is askew, the bottom beams will be crooked.”" He said keeping a system clean must start at the very top.

He’s right, but the question is, have we learned anything from KOM’s 20 years’ history of bribery? How askew is the Keppel’s top beam? And how far up the beam are we talking about in terms of accountability? 

What is disconcerting is that Jeffrey can’t be acting alone. 25 years of exemplary and honest service against one act of entrenching a clause to disguise bribery? In a nutshell, isn’t that about using what is legal to pursue what is illegal? Is the top beam not just askew, but discoloured at the core?

Mind you, to come to that stage, that is, drafting a public “over-the-top” contract to hide a private “under-the-table” sweetener, would one be faulted to say that this is a clear sign of systemic corruption of a government-linked corporation? 

It should be noted that hundreds of millions have been paid out to settle the corruption charges. Doesn’t this call for higher ministerial accountability since we as a nation are publicly intolerant of corruption at all levels? 

Indeed, if the top beam is askew, the bottom beams will be crooked. And by extension, if such askew-ness comes from the factory source, then it is no longer a case of ad-hoc corruption but a corporate wide coverup that needs to be addressed at the highest level. 

The irony is that in 1997, when Keppel was fined, the late JB Jeyaretnam asked whether action will be taken against the leaders in Keppel. The reply in essence was “there’s no personal gain.” 

Alas, with a recent payout of hundreds of millions to resolve the corruption charges, I guess personal gains do not enter directly into one’s pocket, but it comes (like the surreptitiously drafted clause in the contract) in the form of bonuses, perks, shares allotment, promotion and salary increments. Who will be ploughing back those indirect gains then since it is still the people’s money?

Are Singaporeans then that dense in the skull when it comes to detecting disguised rewards? 

With regards to these disguised rewards, Walter Woon described it as “more business translates into bigger profits" and this "in turn leads to enhanced bonuses and improve promotion prospects."

He also observed: “Just fining companies (at that time) is not enough; this only trims the weeds without digging out the roots." 

Alas, the roots had grown deeper as the weed bloomed taller from a bribe amount of $8.5m in 1997 to tripling that at $24.9m twenty years later.

Let me end with WW’s observation.

"Despite Singapore's supposedly squeaky clean image, corruption does still exist, even among government-linked companies...Eradication of corruption requires that the humans responsible for the offences account for their misdeeds, no matter how influential or well connected they may be. If we want to have standards, we must be willing and able to defend them.”