Ex-shipping manager and company director respectively jailed for $7.5m freight charges fraud and bribery

2003-7-7

A former shipping manager of a Germany-based ironware company and a director of a Japan-based trading company, charged by the ICAC in separate cases, were today (Monday) sentenced for their respective roles in a $7.5 million freight charges fraud and a br ibery scam.

In the first case, Lam Kwok-keung, formerly employed by Callisto Limited (Callisto), was sentenced to three years' imprisonment at District Court for using bogus invoices to deceive freight charges and duties from his former employer.

Lam, 43, today pleaded guilty to 21 counts of agent using document with intent to mislead his principal, contrary to Section 9(3) of the Prevention of Bribery Ordinance (PBO).

In sentencing, Judge Fung said an immediate custodial sentence was warranted, in view of a serious breach of trust by the defendant.

The judge said the starting point of six and a half years was reduced to three years, taking into account the defendant's guilty plea and early restitution of $7.5 million to his former employer.

Callisto is a company trading in barbecue grills and ironware, with a major clientele in the United States.

The court heard that while employed by Callisto, Lam was responsible for placing shipping orders and checking invoices issued by freight forwarders or transportation companies.

In September 1990, Lam set up Topstate Forwarding Company (Topstate), which in fact had no real business transactions.

Between January 2001 and July 2002, Lam had used false invoices of Topstate for a total amount of over $7.5 million to deceive Callisto.

Such invoices purportedly showed that Topstate had provided transportation service to Callisto and/or had paid duties for the goods of Callisto.

The prosecution was today represented by Senior Government Counsel Maggie Yang, assisted by ICAC officer Edith Kwok.

In the second case, Yoshio TAKEUCHI, director of Shop International Comfort Limited (SIC Limited), was today sentenced to five months' imprisonment, suspended for three years, at Eastern Magistracy for accepting a total of over $13,000 for approving payme nts of overtime allowances to two subordinates.

TAKEUCHI was also ordered to pay $13,000 in restitution.

TAKEUCHI, 59, pleaded guilty before Magistrate Mr Allan Wyeth to two counts of agent accepting an advantage, contrary to Section 9(1)(a) of PBO.

SIC Limited is a Japan-based company engaged in the trading of cosmetics.

The prosecution was today represented by Senior Government Counsel Peter Daryanani, assisted by ICAC officer Martin Tse.
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