SINGAPORE: A former lawyer, who was convicted after tricking a director of two firms into disbursing more than S$8 million into his own company, was sentenced on Monday (Nov 10) to 10 years and three months’ jail.
In August, following a trial, Deputy Principal District Judge Luke Tan convicted Then Feng, 43, of 16 charges including multiple counts of cheating and forgery.
Then’s trial had centred on whether he had misrepresented to Mr Andrew Ling Hui, then a director at companies including Providence Asset Management, such that the latter believed he was procuring services from and dealing with Walkers, an international law firm.
Then, a Singaporean, was then employed by Walkers.
He had learnt that his firm was going to launch an affiliated corporate services firm in 2015 named Walkers Professional Services in the Cayman Islands.
In June 2015, Then incorporated a company of the same name in the British Virgin Islands without his then employer’s knowledge.
He admitted to basing the entire branding of his firm, from the name to its logo, on that of Walkers’ business.
Then, however, insisted that he had set up the firm at the time without any intention of it being associated with the law firm.
In 2018, Then told Ling that Walkers could provide escrow services for cryptocurrency transactions. Escrow is an essential service in capital markets that supports transactions such as mergers and acquisitions.
Then added that those services would be done with a bank account under Walkers Professional Services.
The prosecution stated in their submissions that Mr Ling had believed the services would be rendered to him by the international law firm, and not Then’s personal company.
In April 2018, Then and Ling agreed to buy a foreign bank together.
Under the agreement, Then told Ling that Walkers would provide escrow services for the transaction, and that monies provided for the acquisition would be held in a bank account controlled by Walkers.
Ling then arranged for various payments amounting to more than $8 million to be made to what he believed were Walkers’ bank accounts, but he unknowingly wired the money to Then’s company instead.
In earlier proceedings, Deputy Public Prosecutor Tan Pei Wei said Then had also given Mr Ling documents with a logo that is “indiscernible” from the logo used by Walkers.
In his defence, Then said he had incorporated a firm named after Walkers’ business due to his “quirky” sense of humour, and that it was done in “good fun”.
He added that he had meant for the branding of his company to be a “tongue-in-cheek insider thing”, and that the company would be known only to his friends and close business associates.
However, the prosecution said Then had got to know Ling only two months prior to telling him about the firm. Ling could scarcely be considered Then’s close friend or business partner at the point, it added.
DPP Tan also told Judge Tan that it was also unbelievable that an accomplished corporate lawyer such as Then would have found the arrangement “amusing”.
She pointed out that Then had concealed the existence of his identically named firm from his company. Then was also aware of the problems his incorporated company could pose to him, said the DPP.
In fact, Then was later terminated from the law firm after his incorporated company was discovered by another partner at Walkers.
The prosecution added that Ling had been candid and forthright on the stand during the trial. Then, however, had been “dishonest, evasive and disingenuous” on the stand, the prosecutors added.
The former lawyer, who is represented by lawyers Navin Naidu, V. Santhosh and Chloe Chen, will be appealing against his conviction and sentence.
He still has pending charges, including multiple counts of forgery, and these will be dealt with at a later date. - The Straits Times/ANN
