Five former bank employees charged with dishonest access to computer over customer data for bribes
2021-1-26
The ICAC today (January 26) charged five former employees of two banks in two cases with conspiracy to accept illegal commissions totalling at least about $250,000 for obtaining confidential customer information from a bank computer system and divulging it for touting personal loan business.
The ICAC investigation arose from a corruption complaint referred by DBS Bank (Hong Kong) Limited (DBS Bank). Subsequent enquiries revealed the alleged offences which took place between November 18, 2015 and December 5, 2016.
Four defendants charged in the first case are Yip Fai, 40, former treasures relationship manager of DBS Bank; Wong Hiu-yan, 35, and Shek Yin-yui, 32, both former direct sales representatives of DBS Bank; and Charlie Cha Yu, formerly known as Cha Lik, 31, former direct sales manager of DBS Bank.
Yip faces seven counts of conspiracy for agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance. Of the seven charges, three are jointly charged with Shek while two others are jointly charged with Wong and Cha respectively. The two remaining charges involved another then direct sales representative of DBS Bank.
Yip further faces 30 counts of access computer with criminal or dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance.
The defendants will appear at the Eastern Magistrates’ Courts on Thursday (January 28) for the case to be transferred to the District Court for plea.
At all material times, Yip was a treasures relationship manager of DBS Bank posted to its North Point Branch and was responsible for handling customers who held assets over $1 million in the bank. Cha was a direct sales manager of the bank’s unsecured lending department supervising a team of direct sales representatives to promote personal loan business.
DBS Bank maintained a computer system storing customers’ confidential information. Yip was granted access to the system while direct sales representatives such as Wong and Shek were not given access right to it.
Five of the bribery charges allege that Yip and Wong, Shek or Cha conspired together for Yip or Yip and Shek to, without lawful authority or reasonable excuse, accept commissions as an inducement to or reward for divulging confidential information of customers of DBS Bank.
Two other bribery charges allege that Yip conspired together with the aforementioned then direct sales representative of DBS Bank for Yip or Yip and the then direct sales representative to, without lawful authority or reasonable excuse, accept commissions as an inducement to or reward for divulging confidential information of customers of DBS Bank.
ICAC investigation revealed that Yip and Shek allegedly accepted illegal commissions totalling at least about $250,000 for obtaining confidential customer data stored in the abovementioned computer system.
The alleged illegal commissions were equivalent to certain percentage of the loan drawdown amount procured by Wong, Shek and other then employees of other financial institutions for each customer referred by Yip, Shek and/or the aforementioned then direct sales representative.
Thirty other charges allege that Yip obtained access to the aforesaid computer system of DBS Bank with a view to dishonest gain for himself or another, namely obtaining confidential information relating to customers of DBS Bank.
In the second case, Cheung Siu-lun, 33, former direct sales executive of China Construction Bank (Asia) Corporation Limited (CCB (Asia)), faces one count of conspiracy for agent to accept advantages. He will appear at the Eastern Magistrates’ Courts on Thursday for plea.
It is alleged that Cheung conspired together with a then direct sales representative of DBS Bank for the latter to, without lawful authority or reasonable excuse, accept commissions equivalent to certain percentage of the loan drawdown amount procured by Cheung for each customer referred by the then direct sales representative as an inducement or reward for divulging confidential information of customers of DBS Bank.
DBS Bank and CCB (Asia) have rendered full assistance to the ICAC during its investigation into the two cases.
All five defendants have been released on ICAC bail, pending their court appearance on Thursday.
The ICAC investigation arose from a corruption complaint referred by DBS Bank (Hong Kong) Limited (DBS Bank). Subsequent enquiries revealed the alleged offences which took place between November 18, 2015 and December 5, 2016.
Four defendants charged in the first case are Yip Fai, 40, former treasures relationship manager of DBS Bank; Wong Hiu-yan, 35, and Shek Yin-yui, 32, both former direct sales representatives of DBS Bank; and Charlie Cha Yu, formerly known as Cha Lik, 31, former direct sales manager of DBS Bank.
Yip faces seven counts of conspiracy for agent to accept advantages, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO) and Section 159A of the Crimes Ordinance. Of the seven charges, three are jointly charged with Shek while two others are jointly charged with Wong and Cha respectively. The two remaining charges involved another then direct sales representative of DBS Bank.
Yip further faces 30 counts of access computer with criminal or dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance.
The defendants will appear at the Eastern Magistrates’ Courts on Thursday (January 28) for the case to be transferred to the District Court for plea.
At all material times, Yip was a treasures relationship manager of DBS Bank posted to its North Point Branch and was responsible for handling customers who held assets over $1 million in the bank. Cha was a direct sales manager of the bank’s unsecured lending department supervising a team of direct sales representatives to promote personal loan business.
DBS Bank maintained a computer system storing customers’ confidential information. Yip was granted access to the system while direct sales representatives such as Wong and Shek were not given access right to it.
Five of the bribery charges allege that Yip and Wong, Shek or Cha conspired together for Yip or Yip and Shek to, without lawful authority or reasonable excuse, accept commissions as an inducement to or reward for divulging confidential information of customers of DBS Bank.
Two other bribery charges allege that Yip conspired together with the aforementioned then direct sales representative of DBS Bank for Yip or Yip and the then direct sales representative to, without lawful authority or reasonable excuse, accept commissions as an inducement to or reward for divulging confidential information of customers of DBS Bank.
ICAC investigation revealed that Yip and Shek allegedly accepted illegal commissions totalling at least about $250,000 for obtaining confidential customer data stored in the abovementioned computer system.
The alleged illegal commissions were equivalent to certain percentage of the loan drawdown amount procured by Wong, Shek and other then employees of other financial institutions for each customer referred by Yip, Shek and/or the aforementioned then direct sales representative.
Thirty other charges allege that Yip obtained access to the aforesaid computer system of DBS Bank with a view to dishonest gain for himself or another, namely obtaining confidential information relating to customers of DBS Bank.
In the second case, Cheung Siu-lun, 33, former direct sales executive of China Construction Bank (Asia) Corporation Limited (CCB (Asia)), faces one count of conspiracy for agent to accept advantages. He will appear at the Eastern Magistrates’ Courts on Thursday for plea.
It is alleged that Cheung conspired together with a then direct sales representative of DBS Bank for the latter to, without lawful authority or reasonable excuse, accept commissions equivalent to certain percentage of the loan drawdown amount procured by Cheung for each customer referred by the then direct sales representative as an inducement or reward for divulging confidential information of customers of DBS Bank.
DBS Bank and CCB (Asia) have rendered full assistance to the ICAC during its investigation into the two cases.
All five defendants have been released on ICAC bail, pending their court appearance on Thursday.