Distraint, blockade over 2,300 billion

The People’s Procuracy of Ho Chi Minh City has just completed the indictment against defendant Nguyen Thai Luyen (Chairman of the Board of Directors and CEO of Alibab Real Estate Company a) and 21 other defendants on charges of “fraudulent appropriation of property”. In which, two defendants Vo Thi Thanh Mai (Luyen’s wife, holding 49.5% of the company’s shares) and Nguyen Thai Luc (Luyen’s younger brother) were also charged with “money laundering”. The defendant Huynh Thi Kim Thang was only prosecuted for the crime of “Money Laundering”.

According to the prosecution indictment, taking advantage of many people’s lack of understanding of the law in the transfer of land use rights, Nguyen Thai Luyen established 22 companies under Alibaba, assigned to his family members or relatives. Luyen’s confidant acts as the legal representative of the companies, and then organizes to buy a large amount of agricultural land.

Three defendants Nguyen Thai Luyen, Nguyen Thai Linh and Nguyen Thai Luc.

In order to have money to buy land, Alibaba and other companies in the same system set up residential projects, illegally divided plots, and gave false information such as these are fully legal projects. .

To create trust and attract customers, Nguyen Thai Luyen uses tricks such as: Commitment to buy back at a higher price from 30% after 12 months or 38% after 15 months from the date of payment; sublease at 2%/month from the date of signing and pay 95% of the contract value.

With this method, most customers who receive land transfer in the form of residential plots offered by Alibaba Company will not receive the Certificate of land use right in the form of residential as committed when it is due, but will be approved by the Company. Alibaba company switched to paying interest or buying back under options contracts or attached contract addendums.

In fact, all projects are illegally drawn by Alibaba Company on a particularly large area of ​​agricultural land, not yet allowed to separate plots, not residential land as advertised and shown by Alibaba Company. in the land use right transfer contract. The offering of options or attached contract addendums is only for the purpose of attracting more investors to the projects.

The time when the investigation agency searched the headquarters of Alibaba Real Estate Company.

Regarding the money laundering of 3 defendants: Vo Thi Thanh Mai, Nguyen Thai Luc and Huynh Thi Kim Thang, the indictment determined: Luc has 4 personal accounts at 4 banks, including 2 unused accounts. , 2 accounts, one to receive monthly salary, one to receive money from Mai to transfer and withdraw cash and deliver it to Mai.

On November 21, 2018, Mai directed Nguyen Thai Linh (Luyen’s younger brother) to pay 50 billion dong to Luc’s account number 179797988, then directed Luc to withdraw and open a savings book with the amount of 50 billion dong, term 6 month at ACB Bank. The source of 50 billion dong is all money paid by customers to buy land at Alibaba Company.

After that, under Mai’s direction, Luc withdrew 31 billion dong, opened a savings book for Thang in ACB’s name. Continuing to follow Mai’s direction, Thang withdrew 18 billion dong from his savings book and bought two houses in Dong Nai province. The remaining 13 billion dong is still kept in the savings book.

After the Public Security Agency prosecuted the case, executed the arrest warrant and searched on September 18, 2019, on September 19, 2019, Mai directed Thang to transfer the entire principal and interest amount of more than 13.9 billion VND to an account owned by Mai in ACB’s name. On the same day of September 19, 2019, Mai transferred 13 billion VND to Luc’s account, then directed Luc to withdraw and hand it back to Mai.

The defendants Mai, Luc and Thang all admitted to knowing that the amount of 13.9 billion dong mentioned above was collected from customers, because Luyen cheated to appropriate property but still followed Mai’s direction to cover it up. hide the origin of the money. As for the amount of 13 billion VND, Mai said that he had used all of it on personal matters and paid for external loans, so far, the Investigation Police Agency has not recovered.

The investigative agency works with the accused when serving decisions on prosecution and detention.

According to the indictment, Luyen and his accomplices fraudulently appropriated more than VND 2,264 billion from 4,316 customers using the above tricks.

During the investigation, the Investigation Police Agency has seized more than 9.2 billion VND in cash; 257 pieces of yellow metal worth more than 645 million VND; 15 other yellow metal pieces worth more than 359 million dong and 20 yellow metal ingots but not gold.

The investigative police agency has temporarily seized money in the accounts of 49 individuals who are employees and legal entities of Alibaba Company, with a total amount of more than 45 billion dong; 23 used cars and motorbikes, worth more than 16 billion VND.

Notably, for the Alibaba real estate case, the authorities have distrained 652 land plots (about 4 million square meters).²) with a total value of more than 1,536 billion VND. Thus, all assets distraint and blockaded in the case are estimated at over 2,300 billion VND.

Currently, the People’s Procuracy of Ho Chi Minh City has transferred the indictment and the entire case file to the People’s Court of Ho Chi Minh City for early trial according to the law.

Hoang Anh