Five jailed for fraud and bribery over courier service
2008-9-5
Five persons, charged by the ICAC, were today (Friday) sentenced to various jail terms at the District Court for their roles in a fraud and bribery scam whereby the service of a courier company was misused.
Fong Pui-fun, 37, former operator of Treasure Technology Development Limited (Treasure Technology), received an imprisonment of two years and four months.
Tsang Siu-nam, 26, former employee of Treasure Technology, and Tsang Siu-kei, 27, former team leader of Top-Win Express (Top-Win), were each jailed for two years and two months.
Chan Chi-wai, 29, and Au Cho-ming, 27, both former couriers of Top-Win, were each sentenced to one year and four months in jail.
Tsang Siu-kei, Chan Chi-wai and Au Cho-ming were also ordered to pay $27,500, $1,000 and $1,500 respectively as restitution to DHL Express (HK) Limited (DHL).
In sentencing, Deputy Judge Henry Mierczak said custodial sentences were imposed on the defendants as the scam was premeditated and their dishonesty had caused DHL a loss in courier fees.
The defendants earlier pleaded guilty to a joint charge of conspiracy to defraud. Fong Pui-fun and Tsang Siu-nam had admitted one count of conspiracy to offer an advantage to an agent, while Tsang Siu-kei, Chan Chi-wai and Au Cho-ming each pleaded guilty to one count of agent accepting an advantage.
The court heard that in July 2006, a Mainlander instructed Fong Pui-fun to set up Treasure Technology to run forwarding business in Hong Kong.
Top-Win had been engaged by DHL to collect parcels for courier service from buildings in Cheung Sha Wan and Lai Chi Kok since 2001.
At a meeting on the Mainland in late 2006, the Mainlander, who was the actual owner of Treasure Technology, discussed with Fong Pui-fun a fraudulent scheme by which the company would use the accounts of DHL’s clients to send Treasure Technology parcels without having to make payments.
Under the scheme, Tsang Siu-kei was tasked to collect account particulars of DHL’s clients and put Treasure Technology parcels into its courier system, while Chan Chi-wai and Au Cho-ming assisted in collecting and loading the parcels onto DHL’s trucks.
The defendants falsely represented that the shippers stated in the shipment airway bills had genuinely placed orders for shipment with DHL, and that the shippers/exporters stated in the commercial invoices had genuinely issued the said invoices for the sh ipment stated above.
As a result of the fraudulent scheme, the accounts of 92 registered clients of DHL were misused, involving 263 shipments. DHL had suffered a loss of over $1.3 million in courier fees.
To reward the assistance from Tsang Siu-kei, Chan Chi-wai and Au Cho-ming, Fong Pui-fun and Tsang Siu-nam conspired together with the Mainlander to offer a total of $30,000 to them.
Tsang Siu-kei, Chan Chi-wai and Au Cho-ming accepted $27,500, $1,000 and $1,500 respectively from Fong Pui-fun and the Mainlander for the same reason, the court was told.
DHL had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Jonathan Acton-Bond, assisted by ICAC officer Calvin Hung.
Fong Pui-fun, 37, former operator of Treasure Technology Development Limited (Treasure Technology), received an imprisonment of two years and four months.
Tsang Siu-nam, 26, former employee of Treasure Technology, and Tsang Siu-kei, 27, former team leader of Top-Win Express (Top-Win), were each jailed for two years and two months.
Chan Chi-wai, 29, and Au Cho-ming, 27, both former couriers of Top-Win, were each sentenced to one year and four months in jail.
Tsang Siu-kei, Chan Chi-wai and Au Cho-ming were also ordered to pay $27,500, $1,000 and $1,500 respectively as restitution to DHL Express (HK) Limited (DHL).
In sentencing, Deputy Judge Henry Mierczak said custodial sentences were imposed on the defendants as the scam was premeditated and their dishonesty had caused DHL a loss in courier fees.
The defendants earlier pleaded guilty to a joint charge of conspiracy to defraud. Fong Pui-fun and Tsang Siu-nam had admitted one count of conspiracy to offer an advantage to an agent, while Tsang Siu-kei, Chan Chi-wai and Au Cho-ming each pleaded guilty to one count of agent accepting an advantage.
The court heard that in July 2006, a Mainlander instructed Fong Pui-fun to set up Treasure Technology to run forwarding business in Hong Kong.
Top-Win had been engaged by DHL to collect parcels for courier service from buildings in Cheung Sha Wan and Lai Chi Kok since 2001.
At a meeting on the Mainland in late 2006, the Mainlander, who was the actual owner of Treasure Technology, discussed with Fong Pui-fun a fraudulent scheme by which the company would use the accounts of DHL’s clients to send Treasure Technology parcels without having to make payments.
Under the scheme, Tsang Siu-kei was tasked to collect account particulars of DHL’s clients and put Treasure Technology parcels into its courier system, while Chan Chi-wai and Au Cho-ming assisted in collecting and loading the parcels onto DHL’s trucks.
The defendants falsely represented that the shippers stated in the shipment airway bills had genuinely placed orders for shipment with DHL, and that the shippers/exporters stated in the commercial invoices had genuinely issued the said invoices for the sh ipment stated above.
As a result of the fraudulent scheme, the accounts of 92 registered clients of DHL were misused, involving 263 shipments. DHL had suffered a loss of over $1.3 million in courier fees.
To reward the assistance from Tsang Siu-kei, Chan Chi-wai and Au Cho-ming, Fong Pui-fun and Tsang Siu-nam conspired together with the Mainlander to offer a total of $30,000 to them.
Tsang Siu-kei, Chan Chi-wai and Au Cho-ming accepted $27,500, $1,000 and $1,500 respectively from Fong Pui-fun and the Mainlander for the same reason, the court was told.
DHL had rendered full assistance to the ICAC during its investigation.
The prosecution was today represented by prosecuting counsel Jonathan Acton-Bond, assisted by ICAC officer Calvin Hung.