Monday, November 23, 2015

Chew Eng Han: 'It seems like I've got so many enemies' (ST: 22 Nov 2015)

Chew Eng Han has been called many things. A traitor for breaking with City Harvest Church (CHC) and exposing its inner circle in court. Others call him courageous.

By his own admission, the 55-year-old investment manager is just a tired man.

"It seems like I've got so many enemies," he told The Sunday Times. "So many battles, I've got to fight so many people."

His fund management business has gone belly up. He is being sued for $21 million in unreturned investments by CHC. And the 142-day corruption trial ended on Friday with him and five other former and current church leaders sentenced to prison.

Chew now faces six years in jail.

The only one who received a longer sentence - eight years - was Kong Hee, the church's 51-year-old founding pastor. Last month, the six were convicted of misusing $24 million in church funds to bankroll the secular music career of Kong's wife, singer-pastor Ho Yeow Sun. A further $26 million was later used to cover up their tracks.

Judge See Kee Oon made it clear Chew shouldered a lot of the blame alongside Kong. In his written judgment, he called them "kindred spirits" who "fuelled each other's drive, one as a spiritual leader and the other as a finance expert".

On Friday, the judge said Chew's role as the church's investment manager meant several of the other accused relied on his opinion.

Chew was, after all, responsible for devising the bonds - which the court has declared as sham - through which the church's money was funnelled to the Crossover Project, which aimed to use Ms Ho's pop music to evangelise to the unchurched.

But Chew continues to insist that the bonds were legitimate. Instead, Crossover was the sham, he said pointedly during the interview, which took place before he was found guilty.

"We expected to make money from (Sun Ho's albums), and Sun was meant to get souls saved; this was the best thing the church would ever do. But, as it turns out, the album was a sham. The Crossover was a sham. The bond was a good bond - what went on behind the scene made it look like a sham."

The Crossover Project started in 2002, said Chew, seven years after he joined CHC. "Kong Hee said Sun Ho was making inroads among youth through her concerts."

Kong told the church God gave him the vision for the project, and it was a sacred mission, said Chew, one he initially believed in.

"I thought we were shaking Christians out from their slumber."

In 2003, church member Roland Poon went public with accusations that donations meant for CHC's building fund were being misused to fuel Ms Ho's music career.

And this, said Chew, prompted Kong to decide to distance the church from his wife's music career, at least on paper. And he had the church's backing, added Chew.

"Not everything done in secrecy is a conspiracy," he said, pointing out that members were told at church of the thousands of souls being saved at Ms Ho's concerts. To him, CHC seemed "so different from other churches, always at the forefront of new things".

Even when Ms Ho started raising eyebrows by gyrating in skimpy clothing in her music videos, Chew believed in the mission. "Deep inside, I was a bit uncomfortable, but I didn't express this because of my loyalty to Kong Hee and Sun."

That belief started to falter when he and 16 others from the church were questioned by the Commercial Affairs Department in 2010. He managed a glance at Kong while the latter was inside an interview room. The pastor met his eyes, then looked down. Later, in a meeting with the church's lawyer, Chew described how Kong kept silent, in stark contrast to how he reacted to the Poon incident seven years earlier. Kong had gone on the offensive then, announcing to the church that "not a single cent" was used to promote Ms Ho's pop career.

A report by the Commissioner of Charities (COC) later revealed that between December 2007 and May 2010, at least $2.1 million of church funds had been channelled through an affiliate church in Kuala Lumpur to Crossover.

The report also said church donations were transferred to a private fund, called the multi-purpose account. Through this account, money would be transferred to Kong - around $600,000 allegedly went to him this way.

Chew claimed in court that Kong was more interested in personal gain than the church.

He told The Sunday Times he had confronted Kong about the COC report in a private meeting in March 2013. "Several times... Kong said, 'Let's forget about everything that we are talking about. I just want to know are we good or not... Are you still on my side or not?' "

But Chew urged Kong to talk to CHC's board and executive members - to "just apologise and repent". When Kong did not, Chew quit the church after being a member for 17 years. Chew added that he bears "no grudge in my heart". But he hopes his departure would send a signal to other members and get them to think about the church more critically.

These days, strangers do come up to him to wish him well. One even paid for his meal at a Japanese restaurant and left him two Bible verses for encouragement.

"They actually thank me for having the courage to speak up," said Chew, who intends to write a book about his experience "once this is over". "It will make a good movie," he added with a smile. But it may be a while before the saga is over.

On Friday, he told the court that he will appeal against both the guilty verdict and his sentence.

Former City Harvest fund manager Chew Eng Han: 'I hardly have anything now' (TNP: 22 Nov 2015)

He was the loyal follower who rose quickly through the ranks at City Harvest Church (CHC).

But after Chew Eng Han and five others from the church, including founder Kong Hee, were arrested, that loyalty counted for nothing.

He grilled Kong Hee in court during the trial. He singled out the former pastor for the mess they were in.

He blamed vanity for Kong’s persistence in pursuing his wife’s pop-star ambition.

Chew let fly at in a two hour interview with The New Paper on Sunday.

Chew says he left CHC in 2013 partly because of how Kong Hee and his wife had misled a small group of donors who had been supporting the livelihood of the couple.

He adds that Kong did so by showing the donors “false accounts”.

The money was channelled to a multi-purpose account (MPA), a trust fund that comprised of personal donations — “love gifts” — from about 40 of Kong’s closest supporters, court proceedings showed.

The MPA was used by Kong Hee and Ms Ho, whose stage name was Sun Ho, for their personal expenses including travel, medical bills, hair and make-up.

The New Paper on Sunday had provided a breakdown on Nov 8 based on documents tendered in court.

Chew and his wife had donated “hundreds of thousands” in love gifts to the MPA from 2007 to 2009.

They gave to the MPA because Kong Hee and Ms Ho were “labouring for the Lord” and had announced that they had taken themselves off the CHC payroll in 2005.

“They need to survive. That’s what we think. No salary, poor thing. Let’s donate love gifts.”

They had no idea what the money was used on, or who else contributed to it, as Kong Hee and his subordinates did not reveal the full accounts for the monies from 2007 to 2009 to the donors.

The donors had no issue because the money was meant for the couple anyway, says Chew.
TURNING POINT

In 2010, Kong Hee held a meeting for all the MPA donors for the first time and presented a spreadsheet showing that the fund was in deficit.

Says Chew: “He wanted more money... So he gives us an impression that the collection from us is not enough to cover the expenses.

“Then, he gave us a form to write down how much more we think we can increase our gifts in the coming year, and the aim was to try to prod us to achieve a certain targeted amount.”

City Harvest Church founder and senior pastor Kong Hee (right) and his wife Ho Yeow Sun at the State Courts on Oct 21, 2015 for the verdict of the CHC trial. TNP FILE PHOTO

It turned out in later investigations that Ms Ho and Kong had been withdrawing more than $400,000 from the MPA as part of Ms Ho’s salary, royalties and bonuses for her music career.

This was not told to the MPA donors during the meeting, as Kong admitted in court that CHC had a practice of keeping its members’ income confidential.

Says Chew: “We had no clue before that first MPA meeting in 2010 that he had been collecting (more than) a million dollars.

“It was emotional (when he showed us the MPA was in deficit). It was like: ‘Poor Pastor Kong, he’s got so much expenses because he is involved in the Crossover Project.’

He says the Commercial Affairs Department questioned fellow accused Serina Wee why she kept two separate spreadsheets on the MPA cash-flow, one to show to the MPA donors and another showing that Sun Ho was paid monies from the account.

Chew says: “She (Wee) said that it was because Sun’s salary is very sensitive. But it should not be sensitive to the 50 of us because we already intended to give to her (Ms Ho) anyway.”

Chew quit the church in February 2013 after 18 years.

He said that ordinary church members who donated to the church, building fund and the Crossover Project sacrificed their own well-being instead.

He recalled a story of a CHC member who donated “a lot” of his earnings to the building fund.

Says Chew: “He came in early to the office to eat biscuits and save money. The office biscuits.

“So, my friend (who was his employer) asked him, why are you eating biscuits every morning? He said that it was so he could sacrifice and give more to the fund.”

Chew personally donated about $600,000 to the building fund and to Sun Ho’s artiste management company, Xtron Productions, in total, according to court proceedings.

He says: “These people are all living difficult lives, you know? Even for myself, for all the earnings I have given, I could have saved or multiplied it for my own children.

“I hardly have anything now, because I believed in this vision, in serving God.”

Kong and Ms Ho did not reply to our repeated requests for comment.
JUDGE: KONG HEE EXPLOITED CHEW

Kong Hee had exploited Chew, said State Courts Presiding Judge See Kee Oon in his written judgement last month.

“Eng Han’s forceful personality, coupled with his determination and drive to achieve his objectives, was recognised and exploited by Kong Hee,” said Judge See.

“They tapped on and fuelled each other’s drive, one as a spiritual leader and the other as a finance expert.

But Chew had his failings too.

The judge found that Chew expected no losses from using the building fund to fund the Crossover Project because he thought “everything in City Harvest that was done, succeeded”.

“That is surely a bold and sweeping exaggeration that gives the lie to the extravagant overconfidence that characterised his conduct and mindset,” he said.

Chew Eng Han first joined City Harvest Church (CHC) in December 1995 after he was introduced to the church by his nephew.

He converted to Christianity that day and rose through the ranks.

He started as a cell group leader in 1997 and became a CHC board member in April 1999.

Chew, 55, said: “(Kong Hee) picked me because I was very dedicated to the church. A very hardworking labourer for God.”

Chew then was also the head of State Street Bank.

“He probably chose me as well because at that time, there were not many professionals working in the church (who were) earning so much money.

“I never felt attracted to the position. To me was just a chance to serve even more effectively.”

The church also experienced a massive swell in its congregation size between 1995 and 1997, he says.

When he joined in 1995, there were just 1,300 members.

That number doubled the following year before increasing to 5,000 in 1997.

“At that time, we were still good. I think it was the presence of God (and) the pure worship. This was 1996, 1997, 1998.

“These three years the atmosphere was pure. The staff were all very hardworking and dedicated to the Kingdom,” he says.

Chew went on to become a key figure in the church’s hunt for a new worship premise as well as the structuring of the Xtron and Firna bonds.
DONATIONS

Chew Eng Han questioned the size of the medical expenses chalked up by the couple.

According to court documents, they spent around $140,000 in 2007, and around $180,000 in 2008 and 2009 on medical bills.

“I only see one issue of Kong and Sun who were living it up. But when they presented the MPA (to us), they make it seem like they are so sacrificial and are having a hard time,” says Chew.

Former CHC member Jean Jacques Lavigne tells TNP that he believes the way MPA was dealt with remained a sore point for him till today.

He left the church in 2013 after being a member for 15 years. By then, he had already donated a “five-figure sum” to support Kong believing that it had gone into the MPA.

This was on top of his regular tithes and donations to the church and the building fund.

Says Mr Lavigne, a CEO of a superyacht firm: “When he comes to the givers, he would say, ‘Oh you are so good to me, dear MPA givers, this is how much you gave me. But I’m spending so much. Could you give a bit more?’ So, people give a bit more.”

But he did not know that Sun Ho had been drawing out around $400,000 as royalties, bonuses and salaries every year.

He only found out when Chew told him about it.
He was the loyal follower who rose quickly through the ranks at City Harvest Church (CHC).
But after Chew Eng Han and five others from the church, including founder Kong Hee, were arrested, that loyalty counted for nothing.
He grilled Kong Hee in court during the trial. He singled out the former pastor for the mess they were in.
He blamed vanity for Kong’s persistence in pursuing his wife’s pop-star ambition.
Chew let fly at in a two hour interview with The New Paper on Sunday.
Chew says he left CHC in 2013 partly because of how Kong Hee and his wife had misled a small group of donors who had been supporting the livelihood of the couple.
He adds that Kong did so by showing the donors “false accounts”.
The money was channelled to a multi-purpose account (MPA), a trust fund that comprised of personal donations — “love gifts” — from about 40 of Kong’s closest supporters, court proceedings showed.
The MPA was used by Kong Hee and Ms Ho, whose stage name was Sun Ho, for their personal expenses including travel, medical bills, hair and make-up.
The New Paper on Sunday had provided a breakdown on Nov 8 based on documents tendered in court.
Chew and his wife had donated “hundreds of thousands” in love gifts to the MPA from 2007 to 2009.
They gave to the MPA because Kong Hee and Ms Ho were “labouring for the Lord” and had announced that they had taken themselves off the CHC payroll in 2005.
“They need to survive. That’s what we think. No salary, poor thing. Let’s donate love gifts.”
They had no idea what the money was used on, or who else contributed to it, as Kong Hee and his subordinates did not reveal the full accounts for the monies from 2007 to 2009 to the donors.
The donors had no issue because the money was meant for the couple anyway, says Chew.

TURNING POINT

In 2010, Kong Hee held a meeting for all the MPA donors for the first time and presented a spreadsheet showing that the fund was in deficit.
Says Chew: “He wanted more money... So he gives us an impression that the collection from us is not enough to cover the expenses.
“Then, he gave us a form to write down how much more we think we can increase our gifts in the coming year, and the aim was to try to prod us to achieve a certain targeted amount.”

City Harvest Church founder and senior pastor Kong Hee (right) and his wife Ho Yeow Sun at the State Courts on Oct 21, 2015 for the verdict of the CHC trial. TNP FILE PHOTO
It turned out in later investigations that Ms Ho and Kong had been withdrawing more than $400,000 from the MPA as part of Ms Ho’s salary, royalties and bonuses for her music career.
This was not told to the MPA donors during the meeting, as Kong admitted in court that CHC had a practice of keeping its members’ income confidential.
Says Chew: “We had no clue before that first MPA meeting in 2010 that he had been collecting (more than) a million dollars.
“It was emotional (when he showed us the MPA was in deficit). It was like: ‘Poor Pastor Kong, he’s got so much expenses because he is involved in the Crossover Project.’
He says the Commercial Affairs Department questioned fellow accused Serina Wee why she kept two separate spreadsheets on the MPA cash-flow, one to show to the MPA donors and another showing that Sun Ho was paid monies from the account.
Chew says: “She (Wee) said that it was because Sun’s salary is very sensitive. But it should not be sensitive to the 50 of us because we already intended to give to her (Ms Ho) anyway.”
Chew quit the church in February 2013 after 18 years.
He said that ordinary church members who donated to the church, building fund and the Crossover Project sacrificed their own well-being instead.
He recalled a story of a CHC member who donated “a lot” of his earnings to the building fund.
Says Chew: “He came in early to the office to eat biscuits and save money. The office biscuits.
“So, my friend (who was his employer) asked him, why are you eating biscuits every morning? He said that it was so he could sacrifice and give more to the fund.”
Chew personally donated about $600,000 to the building fund and to Sun Ho’s artiste management company, Xtron Productions, in total, according to court proceedings.
He says: “These people are all living difficult lives, you know? Even for myself, for all the earnings I have given, I could have saved or multiplied it for my own children.
“I hardly have anything now, because I believed in this vision, in serving God.”
Kong and Ms Ho did not reply to our repeated requests for comment.

JUDGE: KONG HEE EXPLOITED CHEW

Kong Hee had exploited Chew, said State Courts Presiding Judge See Kee Oon in his written judgement last month.
“Eng Han’s forceful personality, coupled with his determination and drive to achieve his objectives, was recognised and exploited by Kong Hee,” said Judge See.
“They tapped on and fuelled each other’s drive, one as a spiritual leader and the other as a finance expert.
But Chew had his failings too.
The judge found that Chew expected no losses from using the building fund to fund the Crossover Project because he thought “everything in City Harvest that was done, succeeded”.
“That is surely a bold and sweeping exaggeration that gives the lie to the extravagant overconfidence that characterised his conduct and mindset,” he said.
Chew Eng Han first joined City Harvest Church (CHC) in December 1995 after he was introduced to the church by his nephew.
He converted to Christianity that day and rose through the ranks.
He started as a cell group leader in 1997 and became a CHC board member in April 1999.
Chew, 55, said: “(Kong Hee) picked me because I was very dedicated to the church. A very hardworking labourer for God.”
Chew then was also the head of State Street Bank.
“He probably chose me as well because at that time, there were not many professionals working in the church (who were) earning so much money.
“I never felt attracted to the position. To me was just a chance to serve even more effectively.”
The church also experienced a massive swell in its congregation size between 1995 and 1997, he says.
When he joined in 1995, there were just 1,300 members.
That number doubled the following year before increasing to 5,000 in 1997.
“At that time, we were still good. I think it was the presence of God (and) the pure worship. This was 1996, 1997, 1998.
“These three years the atmosphere was pure. The staff were all very hardworking and dedicated to the Kingdom,” he says.
Chew went on to become a key figure in the church’s hunt for a new worship premise as well as the structuring of the Xtron and Firna bonds.

DONATIONS

Chew Eng Han questioned the size of the medical expenses chalked up by the couple.
According to court documents, they spent around $140,000 in 2007, and around $180,000 in 2008 and 2009 on medical bills.
“I only see one issue of Kong and Sun who were living it up. But when they presented the MPA (to us), they make it seem like they are so sacrificial and are having a hard time,” says Chew.
Former CHC member Jean Jacques Lavigne tells TNP that he believes the way MPA was dealt with remained a sore point for him till today.
He left the church in 2013 after being a member for 15 years. By then, he had already donated a “five-figure sum” to support Kong believing that it had gone into the MPA.
This was on top of his regular tithes and donations to the church and the building fund.
Says Mr Lavigne, a CEO of a superyacht firm: “When he comes to the givers, he would say, ‘Oh you are so good to me, dear MPA givers, this is how much you gave me. But I’m spending so much. Could you give a bit more?’ So, people give a bit more.”
But he did not know that Sun Ho had been drawing out around $400,000 as royalties, bonuses and salaries every year.
He only found out when Chew told him about it.
- See more at: http://www.tnp.sg/news/singapore-news/former-city-harvest-fund-manager-chew-eng-han-i-hardly-have-anything-now#sthash.GZ3d2l1z.dpuf

CHC trial: Kong Hee jailed 8 years, others jailed between 21 months and 6 years (Today: 20 Nov 2015)

SINGAPORE — The six City Harvest Church (CHC) leaders convicted of criminal breach of trust and falsification of accounts have been sentenced, with founder Kong Hee getting the heaviest sentence of eight years.

Chew Eng Han received six years' jail, while Tan Ye Peng received five years and six months' jail. Serina Wee was sentenced to five years' jail and John Lam was sentenced to three years' jail. Sharon Tan received a jail sentence of 21 months.

Chew has said the will appeal, while the other said they have to think about it. If they appeal, they will have to file leave to appeal by Dec 2.

The six were sentenced this afternoon, after both sides presented oral submissions earlier today (Nov 20).

In a Facebook post this evening, Kong Hee said he is "saddened" by the length of his sentence. "I am presently studying the judgement and sentence carefully with my lawyers, and will make a meaningful decision whether to appeal in due course," he wrote.

He also wrote: "With the close of the court trial, this season of pain and turmoil for City Harvest Church should soon come to an end. As a spiritual family, we have all learned many valuable lessons of life. Moving forward, these lessons will make us better Christians and a stronger church."

Kicking off the three-hour session this morning, Senior Counsel Edwin Tong, who is defending church founder and senior pastor Kong Hee, stressed that the punishment for each co-accused person should fit the crime and be “appropriate to the offence and the offender”. He added that no harm was caused to the church and Kong did not make any personal gain ought to be significant mitigating factors. Mr Tong also pointed to a letter signed by by 173 executive members which pleaded for leniency on behalf of Kong, his deputy Tan Ye Peng, former accountant Serina Wee, former finance manager Sharon Tan, and former board member John Lam. The letter was submitted to the judge last Friday.
Senior Counsel Kenneth Tan, who represents Lam, said the former board member played a facilitating role in the misuse of funds, but was less involved than his co-accused persons. Lam trusted Kong, his “spiritual leader of many years”, Tan and Chew. “This trust, we submit, is a significant mitigating factor,” he said.
 
Lawyer Paul Seah, who acts for Sharon Tan, argued that the quantum involved should not be the sole factor in sentencing the accused persons involved in criminal breach of trust. He added that the prosecution failed to properly differentiate Tan from the other co-accused.

Chew Eng Han, who represents himself, spoke briefly on how he agreed with the defence lawyers that the co-accused persons meant to “do good for the church”. Chew, who has indicated that he is likely to appeal, did not make any written submission to the court.

In mitigating for Tan Ye Peng, Senior Counsel N Sreenivasan said that his client acknowledged that he could have foreseen and avoided the offending acts. Mr Sreenivasan also cited Tan’s contributions to the church and external humanitarian work.

Senior Counsel Andre Maniam, who presented the final mitigation plea for Wee, reiterated that the acts were not done for wrongful gain. “Whether rightly or wrongly, (we believe) that they were in the interest of the church,” he said. Mr Maniam added that the money was eventually returned to the church with interest and argued that Wee took the role of a “follower” in the round-tripping offences.

In response, Deputy Public Prosecutor Christopher Ong reiterated four aggravating factors in the co-accused persons’ criminal conduct. In particular, he stressed that their offences involved misuse of a large amount of charity funds, an abuse of their positions of trust, especially in Kong’s case.

DPP Ong also said their offences were premeditated and the covert measures taken in covering their crimes.

He added that their “good characters” were not significant mitigating factors. “How much weight can a claim of a good shepherd be if the person was also a wolf at the same time?”

The six were convicted of three to 10 charges last month of criminal breach of trust and falsification of accounts, after a trial that spanned over more than two years.

Judicial Commissioner See Kee Oon adjourned sentencing to 3pm.

The prosecution is seeking 11 to 12 years’ jail for Kong, Chew, Tan Ye Peng and Wee; eight to nine years for Lam; and five to six years for Sharon Tan.

CHC's Kong Hee jailed 8 years, others found less culpable (BT: 21 Nov 2015)

Judge says offences went beyond mere lapses in governance as they involved dishonesty; Commissioner of Charity removes 7 from church

[Singapore] IN a culmination of one of the biggest scandals to hit the charity sector, the six leaders of one of Singapore's megachurches, City Harvest Church (CHC), have been handed jail terms of between 21 months and eight years, with founder Kong Hee receiving the longest sentence for his role in misusing millions of dollars in church funds to prop up the music career of his wife, Sun Ho.

After 140 days of trial, the presiding judge of the State courts, See Kee Oon, on Friday said he found senior pastor Kong, 51, to be the most culpable, and sentenced him to eight years' imprisonment.

Former CHC fund manager and church member Chew Eng Han, 55, was given a six-year term; deputy senior pastor Tan Ye Peng, 42, received 51/2 years; ex-CHC finance manager Serina Wee, 38, got five years; former CHC committee member John Lam, 47, was jailed three years, and ex-CHC finance manager Sharon Tan, 40, received the lightest sentence, 21 months.

In a Facebook post on Friday night, Kong said he is "saddened by the length of it" and thanked supporters for their love towards him and his family.

Meanwhile, Chew has indicated he will appeal; the other five are considering their options.

All six are out on bail and expected to start serving their sentences on Jan 11.

The Attorney-General's Chambers said the prosecution will study the judge's grounds before deciding if it will file a notice of appeal.

Late last month, the six were found guilty of conspiring to misuse S$24 million in CHC Building Fund monies for the Crossover Project, which was aimed at evangelising through Ms Ho's secular music. Another set of charges involved the misappropriation of a further S$26 million to cover up the first sum through sham bond investments and to defraud auditors with falsified accounts.

In arriving at his decisions, Judge See pointed out the importance of deterring people entrusted with charity monies from misusing those funds - something prosecutor Christopher Ong urged the court to do.

But the judge said he was mindful that deterrence should not "entail the imposition of disproportionately crushing sentences"; he agreed with the defence that general deterrence has rather less cogency in the context of cases where there is no direct personal gain and no evidence of such motives.

The defence had said in mitigation that there had been no wrongful gain as the accused had not benefited from the use of the funds, that they had no intention to cause wrongful loss to the church, that the church did not suffer a loss as the monies were returned with interest, and that the actions were borne out of love for the church and to spread the gospel.

But the prosecution, which had pressed for a jail term of 11 to 12 years for Kong, argued that there were several aggravating factors, namely the profound quality and degree of trust abused by the accused, particularly Kong, the devious and conspiratorial pre-meditation and planning involved in the sophisticated offences, and the covert measures taken by the accused to prevent detection of their crimes.

In his oral grounds for decision, the judge said the issues at trial were not "mere lapses of corporate governance", but were serious offences in which the six acted dishonestly. Wider issues of personal integrity, transparency and accountability were also in the mix.

And while Judge See said he believed the six accused had no intention of causing long-term harm to the church through the permanent deprivation of those funds, he said the arrangements were unlawful and had effectively put CHC's funds into their hands to use as needed for the purposes of the Crossover Project and for round-tripping, and which were unauthorised.

The court heard that Kong was the most culpable in the sham bond investments as he was the church's spiritual leader, "prime mover and driving force" for the Crossover Project.

"Ye Peng and Serina, and to some extent, John Lam as well, also relied heavily on Eng Han's expertise. Both Kong Hee and Eng Han put forward dominant views and preferred strategies that all the other accused persons chose not to oppose or question," the judge said.

On the charges of round-tripping and falsification of documents, the judge found Chew to be the most culpable as the round-tripping transactions were devised and structured by him, while Sharon Tan, Tan Ye Peng and Wee played a lesser role.

In a Facebook post, the church thanked its members for their support. Some church members had turned up at the State Courts on Thursday evening to be assured of a seat in the public gallery the following day. The church urged them to "band together" and to continue praying for those who have been convicted.

Separately, the Commissioner of Charities (COC) issued a statement later on Friday, saying it has resumed regulatory action under the Charities Act to remove seven individuals from the church.

They are: Kong, Lam, Tan Ye Peng, Sharon Tan, Wee, Kelvin Teo Meng How and Jacqueline Tan Su Pheng.

"The removal proceedings aim to protect the charitable assets of the charity and do not prevent the said individuals from continuing with their religious duties, which are separate from the holding of any governance or management positions in the charity."

COC had earlier agreed to defer the removals until after the criminal proceedings of the six conclude.

As Chew is no longer part of the church, the question of his removal is irrelevant, the COC said. But it said it has ordered the church not to enter into any transactions with Chew and his related entities without the commissioner's consent.

An order issued in June 2012, which restricts CHC from paying the legal fees of those involved in the criminal and removal proceedings, as well as for services to the individuals and their related entities without the COC's approval, remains in place.

The church is also required to provide regular updates to the COC's office on its key activities and finances.

City Harvest 'issued illegal loans', court told (ST: 20 Nov 2015)

Ex-fund manager claims church lent millions at high interest rates; trial to decide if law broken

City Harvest Church (CHC) may have allegedly issued illegal loans worth millions in exchange for high interest rates - according to its former fund manager Chew Eng Han.

This was revealed yesterday, as a judge explained why he has allowed Chew to defend a $21 million civil suit brought against his investment firm by the church.

Chew is also embroiled in a separate criminal trial. He and five other church leaders, including its founder Kong Hee, were found guilty in September of misusing around $50 million of church funds. They are due to be sentenced today.

But 55-year-old Chew, who left CHC in June 2013 after 17 years, is also being sued by the church for $21 million, which was paid over four tranches, in unreturned investments. The money included $4.6 million in interest.

Last October, CHC obtained default judgment against Chew's firm AMAC Capital Partners and separately sought summary judgment against him. But in June, Chew was given the go-ahead to defend his case on condition the $21 million claim was paid to CHC first. He and AMAC appealed to the High Court.

Judicial Commissioner Chua Lee Ming in judgment grounds released yesterday found that Chew could enter his defence unconditionally on three of the tranches worth around $9.5 million. For the fourth tranche worth around $11.5 million, Chew was told to provide $1.5 million security upfront.

According to the court documents, Chew's firm was appointed the church's investment manager in 2007. Two years later, he was approached by one Oh Chee Eng, who hoped that the church could lend money to his firm Transcu Group.

Between March 2009 and the middle of 2010, the church provided 16 tranches of money, to be repaid within a short period. In most cases, the sum was at least $3 million. The interest rates were high.

For instance, in one tranche of $1.5 million, which was given for just a week, the interest rate worked out to 156 per cent a year. In another one-week tranche of $2.35 million, the interest was 52 per cent per annum. Most of the money was paid back by AMAC but for four tranches after Transcu defaulted.

Chew's lawyer A. Rajandran argued that CHC should not be allowed to claim the money since the church had in effect breached the Moneylenders Act by acting as an unlicensed moneylender.

The Judicial Commissioner agreed the loans could hardly have been made for CHC's business as a church and the purpose was "simply to earn a high rate of interest".

He held that for three of the tranches that were the subject of the suit, there was enough evidence to go to trial to decide if the church was breaking moneylending rules. Both Chew and AMAC are appealing against the Judicial Commissioner's ruling on the $1.5 million security to be provided.

Sunday, November 8, 2015

Kong Hee and Sun Ho paid for expenses from account made up of "love gift" donations (TNP: 8 Nov 2015)

Travel expenditure that ran into the hundreds of thousands.

Hair, make-up and medical costs that hit more than $100,000.

Although City Harvest Church (CHC) founder Kong Hee and his wife Ho Yeow Sun had struck their names off the church payroll in 2005, they had "love gifts" from a few churchgoers, which paid for such expenses.

As a singer, Ms Ho was earning more than $400,000 a year and this came from these gifts.

But the donors who gave the gifts did not know that Ms Ho had earned so much, Kong admitted in court.

The New Paper on Sunday examined court documents and learnt that the couple earned a total of around $1.4 million from 2006 to 2009 from her music artiste salary, royalties and bonuses.

But this money did not come from her artiste management firms, Xtron Productions and Ultimate Assets, as they wanted to reinvest the earnings back into the companies.

Instead, the monies were transferred to Kong and Ms Ho from a fund known as the multi-purpose account (MPA), made up of "love gifts" from church members, Kong said in court.

The MPA, which was set up in 2006 and closed in 2010, is shrouded in secrecy.

Only a handful of church members who were closest to Kong Hee knew of its existence. (See report on facing page.)

Revelations about the MPA were made during court proceedings.

Kong said in court: "For the MPA, it is more for the livelihood of me and Sun... and for other non-music production expenses in the US because we are off the church's salary."

One document showed what the money was spent on in that period - more than $300,000 was spent on travel, more than $100,000 on food and close to $100,000 on hair and make-up.

All these were paid for by around 40 of the couple's closest supporters, whose regular donations contributed nearly $3 million to the fund from 2006 to 2009.

Some of those who gave "love gifts" cut back on tithes to the church while others stopped completely, according to the Commissioner of Charities (COC) inquiry in 2012.

COC found that about $600,000 was purportedly spent by Kong Hee and $3 million by Sun Ho from the MPA between April 2007 and March 2010.

Kong, who had told the media in 2005 his salary was $8,000 a month before he took himself off the payroll that year, also earned an average of US$360,000 (S$500,000) per year from his speaking engagements. He also made money from merchandise sales.

TROUBLE

Globally, love gifts have landed church leaders in trouble over tax evasion and fraud charges.

In Charlotte, US, Reverend Anthony Jinwright and his wife Harriet of the Greater Salem City of God church were jailed in 2009 after their expensive cars and vacations were found to be paid for by "love gifts" from the church.

MPA donor and fellow accused Chew Eng Han accused Kong of being more interested in personal gain than the interests of the church by pointing out discrepancies in the MPA in court. (See report on facing page.)

While most MPA donors have kept silent, The New Paper on Sunday tracked down blogger Lu Jiahui, who claimed to be one.

The mother of three, whose blog is called Mum's The Word, tells TNPS: "The choice was given to us and it was also explained to us where the money would go.

"I made the decision that it was okay, because this is my money and I know where I want it to go. I gave with my free will. No one forced me to do it."

She declines to reveal how much she donated to the MPA over the years, but claims it did not affect her tithes to the church.

Ms Lu decided to write about MPA on her blog to defend her former pastor against Chew's allegations.

"I think I was the only one to come out publicly to say I am an MPA donor. Why? Because if I didn't, people would just be hearing about it from Eng Han."

She explains her decision to donate to the account, knowing that it was meant to pay for Kong's and Sun's living expenses.

Ms Lu says: "Think about this as though you are contributing to your boss' birthday and you can give however much you want. Someone sets up a birthday fund for the office and the money is put in there.

The multi-purpose account (MPA) was set up in 2006 to support the livelihoods of City Harvest Church (CHC) founder Kong Hee and his wife, Ms Ho Yeow Sun.

This private fund was financed by 28 couples and a few other individuals but its full amount or how the money was used was never fully disclosed - not even to the donors.

This means they allegedly did not know that Ms Ho pocketed about $450,000 in "salaries, bonuses and royalties" from the MPA each year from 2007 till 2009.

This was Kong's own admission in court in August last year during the criminal trial involving him and five other CHC leaders.

Kong told the court - as former CHC fund manager Chew Eng Han cross-examined him - that he and Ms Ho went off the church's payroll in 2005.

The MPA was later created and funded by about 40 donors, including Chew. They deposited over $700,000 into the MPA each year from 2007 to 2009.

Kong said: "All the donors, they knew that it's a freewill giving, we didn't coerce them, we didn't force them.

"Some of them did indicate that we should use it for nothing else except for our own livelihood. We always treated this as a third-party fund with accountability... We do not use it in a cavalier fashion."

He added that the money was primarily used for his wife and his livelihood as well as for the Crossover Project's expenses.

But Chew accused Kong of withholding the account's full details in 2010 by hiding the royalties, salaries and bonuses from the spreadsheet showed to donors and showing a deficit instead, so they would be spurred to give more money.

Chew said: "You defrauded the MPA givers by hiding the royalties and the salaries and the bonuses from the spreadsheet which you showed to them, so that they would be emotionally led to contribute more to you and to Sun."

Kong said his wife did not want the joint venture between her artist management company and Justin Hertz Management to pay for her royalties so the money could be maximised for the music album production.

Kong also claimed Xtron was tight with cash so his wife had to rely on the MPA as well. His wife then took out what she would have earned from the MPA instead of Xtron's accounts.

He also said he hid the figures from donors in 2008 because he did not have a chance to check with his wife whether she was comfortable revealing her salaries and royalties.

Kong said: "We do have a culture in CHC, as in many companies, that we keep our income as confidential."

The donors stopped giving to the MPA in 2010 after the Commercial Affairs Department's raid on CHC.







Gift or income?

While donations to a church fund or a private trust fund are not taxed, the "love gifts" received by religious leaders are, IRAS tells The New Paper on Sunday.

Corporate lawyer Robson Lee from Gibson, Dunn & Crutcher, explains: "The donors are not relatives, they are church devotees.

"The only reason why they give (to the MPA) is because they are the pastors... Otherwise, they would donate to the church.

"Unless the fund is open to all other devotees, for example, to help out in mishaps in their lives, then you can say that this is an exclusive pool of money meant solely for one or two persons.

"Then, this (MPA) would be an income structure instead of a gift... Such a 'love gift' system should not be exempted from review by inland revenue."

About the case
The six accused in the City Harvest Church (CHC) trial were convicted of all charges after Judge See Kee Oon said the evidence presented had overwhelmingly showed they had all acted dishonestly.

The accused - comprising founder Kong Hee, 51, former board member John Lam, 47, former finance manager Sharon Tan, 39, ex-fund manager Chew Eng Han, 55, deputy senior pastor Tan Ye Peng, 42, and former finance manager Serina Wee, 38 - were found guilty of criminal breach of trust and/or falsifying accounts.

At the end of the 140-day trial that stretched over two years, the court found them guilty of funnelling $24 million in church building funds into sham bond investments to bankroll the music ambitions of Kong's wife, Ms Ho Yeow Sun.

Later, they used a further $26 million to cover their tracks.

All six will appear in court again on Nov 20.
Travel expenditure that ran into the hundreds of thousands.
Hair, make-up and medical costs that hit more than $100,000.
Although City Harvest Church (CHC) founder Kong Hee and his wife Ho Yeow Sun had struck their names off the church payroll in 2005, they had "love gifts" from a few churchgoers, which paid for such expenses.
As a singer, Ms Ho was earning more than $400,000 a year and this came from these gifts.
But the donors who gave the gifts did not know that Ms Ho had earned so much, Kong admitted in court.
The New Paper on Sunday examined court documents and learnt that the couple earned a total of around $1.4 million from 2006 to 2009 from her music artiste salary, royalties and bonuses.
But this money did not come from her artiste management firms, Xtron Productions and Ultimate Assets, as they wanted to reinvest the earnings back into the companies.
Instead, the monies were transferred to Kong and Ms Ho from a fund known as the multi-purpose account (MPA), made up of "love gifts" from church members, Kong said in court.
The MPA, which was set up in 2006 and closed in 2010, is shrouded in secrecy.
Only a handful of church members who were closest to Kong Hee knew of its existence. (See report on facing page.)
Revelations about the MPA were made during court proceedings.
Kong said in court: "For the MPA, it is more for the livelihood of me and Sun... and for other non-music production expenses in the US because we are off the church's salary."
One document showed what the money was spent on in that period - more than $300,000 was spent on travel, more than $100,000 on food and close to $100,000 on hair and make-up.
All these were paid for by around 40 of the couple's closest supporters, whose regular donations contributed nearly $3 million to the fund from 2006 to 2009.
Some of those who gave "love gifts" cut back on tithes to the church while others stopped completely, according to the Commissioner of Charities (COC) inquiry in 2012.
COC found that about $600,000 was purportedly spent by Kong Hee and $3 million by Sun Ho from the MPA between April 2007 and March 2010.
Kong, who had told the media in 2005 his salary was $8,000 a month before he took himself off the payroll that year, also earned an average of US$360,000 (S$500,000) per year from his speaking engagements. He also made money from merchandise sales.
TROUBLE
Globally, love gifts have landed church leaders in trouble over tax evasion and fraud charges.
In Charlotte, US, Reverend Anthony Jinwright and his wife Harriet of the Greater Salem City of God church were jailed in 2009 after their expensive cars and vacations were found to be paid for by "love gifts" from the church.
MPA donor and fellow accused Chew Eng Han accused Kong of being more interested in personal gain than the interests of the church by pointing out discrepancies in the MPA in court. (See report on facing page.)
While most MPA donors have kept silent, The New Paper on Sunday tracked down blogger Lu Jiahui, who claimed to be one.
The mother of three, whose blog is called Mum's The Word, tells TNPS: "The choice was given to us and it was also explained to us where the money would go.
"I made the decision that it was okay, because this is my money and I know where I want it to go. I gave with my free will. No one forced me to do it."
She declines to reveal how much she donated to the MPA over the years, but claims it did not affect her tithes to the church.
Ms Lu decided to write about MPA on her blog to defend her former pastor against Chew's allegations.
"I think I was the only one to come out publicly to say I am an MPA donor. Why? Because if I didn't, people would just be hearing about it from Eng Han."
She explains her decision to donate to the account, knowing that it was meant to pay for Kong's and Sun's living expenses.
Ms Lu says: "Think about this as though you are contributing to your boss' birthday and you can give however much you want. Someone sets up a birthday fund for the office and the money is put in there.
"Eventually, whether the money is spent on the birthday cake or the decorations is besides the point. I just know that I gave the money away as a birthday present, and I trust the person to handle it."
- See more at: http://www.tnp.sg/news/singapore-news/kong-hee-and-sun-ho-paid-expenses-account-made-love-gift-donations#sthash.qgCz0VMf.dpuf
Travel expenditure that ran into the hundreds of thousands.
Hair, make-up and medical costs that hit more than $100,000.
Although City Harvest Church (CHC) founder Kong Hee and his wife Ho Yeow Sun had struck their names off the church payroll in 2005, they had "love gifts" from a few churchgoers, which paid for such expenses.
As a singer, Ms Ho was earning more than $400,000 a year and this came from these gifts.
But the donors who gave the gifts did not know that Ms Ho had earned so much, Kong admitted in court.
The New Paper on Sunday examined court documents and learnt that the couple earned a total of around $1.4 million from 2006 to 2009 from her music artiste salary, royalties and bonuses.
But this money did not come from her artiste management firms, Xtron Productions and Ultimate Assets, as they wanted to reinvest the earnings back into the companies.
Instead, the monies were transferred to Kong and Ms Ho from a fund known as the multi-purpose account (MPA), made up of "love gifts" from church members, Kong said in court.
The MPA, which was set up in 2006 and closed in 2010, is shrouded in secrecy.
Only a handful of church members who were closest to Kong Hee knew of its existence. (See report on facing page.)
Revelations about the MPA were made during court proceedings.
Kong said in court: "For the MPA, it is more for the livelihood of me and Sun... and for other non-music production expenses in the US because we are off the church's salary."
One document showed what the money was spent on in that period - more than $300,000 was spent on travel, more than $100,000 on food and close to $100,000 on hair and make-up.
All these were paid for by around 40 of the couple's closest supporters, whose regular donations contributed nearly $3 million to the fund from 2006 to 2009.
Some of those who gave "love gifts" cut back on tithes to the church while others stopped completely, according to the Commissioner of Charities (COC) inquiry in 2012.
COC found that about $600,000 was purportedly spent by Kong Hee and $3 million by Sun Ho from the MPA between April 2007 and March 2010.
Kong, who had told the media in 2005 his salary was $8,000 a month before he took himself off the payroll that year, also earned an average of US$360,000 (S$500,000) per year from his speaking engagements. He also made money from merchandise sales.
TROUBLE
Globally, love gifts have landed church leaders in trouble over tax evasion and fraud charges.
In Charlotte, US, Reverend Anthony Jinwright and his wife Harriet of the Greater Salem City of God church were jailed in 2009 after their expensive cars and vacations were found to be paid for by "love gifts" from the church.
MPA donor and fellow accused Chew Eng Han accused Kong of being more interested in personal gain than the interests of the church by pointing out discrepancies in the MPA in court. (See report on facing page.)
While most MPA donors have kept silent, The New Paper on Sunday tracked down blogger Lu Jiahui, who claimed to be one.
The mother of three, whose blog is called Mum's The Word, tells TNPS: "The choice was given to us and it was also explained to us where the money would go.
"I made the decision that it was okay, because this is my money and I know where I want it to go. I gave with my free will. No one forced me to do it."
She declines to reveal how much she donated to the MPA over the years, but claims it did not affect her tithes to the church.
Ms Lu decided to write about MPA on her blog to defend her former pastor against Chew's allegations.
"I think I was the only one to come out publicly to say I am an MPA donor. Why? Because if I didn't, people would just be hearing about it from Eng Han."
She explains her decision to donate to the account, knowing that it was meant to pay for Kong's and Sun's living expenses.
Ms Lu says: "Think about this as though you are contributing to your boss' birthday and you can give however much you want. Someone sets up a birthday fund for the office and the money is put in there.
"Eventually, whether the money is spent on the birthday cake or the decorations is besides the point. I just know that I gave the money away as a birthday present, and I trust the person to handle it."
- See more at: http://www.tnp.sg/news/singapore-news/kong-hee-and-sun-ho-paid-expenses-account-made-love-gift-donations#sthash.qgCz0VMf.dpuf

Friday, October 23, 2015

City Harvest Church trial: What the judge said (Today: 23 Oct 2015)

SINGAPORE — Presiding Judge of the State Courts See Kee Oon released his full written judgment grounds for the City Harvest Church trial today (Oct 22), in which he criticised the culture of insecurity that the six convicted former leaders of the mega-church operated under.
CHC founder Kong Hee, his deputy Tan Ye Peng, former church accountant Serina Wee, former church investment manager Chew Eng Han, former finance manager Sharon Tan and former church board member John Lam were found guilty on all of counts of criminal breach of trust and/or falsification of accounts. Here is an excerpt of what the judge said about each of the offenders’ roles and conduct.

Kong Hee, church founder and senior pastor
 


“In my assessment, Kong Hee’s evidence reveals his tendency to lapse readily into embellishment or exaggeration ... He does not appear to dispute that he demonstrates a penchant for hyperbole ... Kong Hee maintains that he is a pastor and not an expert in legality. But one does not need to be an expert in legality to appreciate certain fundamental aspects of honesty, truth and integrity. He maintains that he did not control Xtron, but the weight of the evidence contradicts this claim flatly. He had also previously maintained emphatically that no church funds were ever used (in his own words, ‘not a single cent’) to support Sun Ho’s music career and boost her sales prior to the Roland Poon incident, but this is again flatly contradicted by the evidence that emerged at the trial.”

Tan Ye Peng, deputy senior pastor



“A familiar pattern of Ye Peng’s that emerged during cross-examination was to concede that he ‘did not know how to answer’ the question or that he ‘wasn’t thinking so much about this’ ... They reflected the reality that he was not aware of the full range of details, but also showed the extent of his deference to Kong Hee and Eng Han and his unquestioning trust of his fellow CHC members within the inner circle ... He may have believed he was acting in CHC’s best interests as Kong Hee professed to have done, but I find that he had acted consciously and dishonestly in applying the Building Fund for a wrong use.”

John Lam Leng Hung, former church board member



“I accept that John Lam’s participation and involvement was much less extensive compared with that of the other accused. However, a lesser degree of participation does not immediately absolve him of culpability ... I am persuaded by the evidence and the prosecution’s submission that John Lam performed a special role that none of the conspirators could have fulfilled. He was the “inside man” from within CHC’s trusted inner circle, occupying key positions of financial responsibility as treasurer, finance committee member, investment committee chairman and audit committee member. Working from those positions, I agree that John Lam actively participated in the scheme to ensure that funding for Sun Ho’s music career would be obtained through the Xtron and Firna bonds.”

Chew Eng Han, former church investment manager and board member



“In my view, Eng Han’s forceful personality coupled with his determination and drive to achieve his objectives was recognised and exploited by Kong Hee. In this regard, they were kindred spirits and they tapped and fuelled each other’s drive, one as a spiritual leader and the other as a finance expert. The difficulty came when moral and ethical lines became ambiguous and subjective, in the name of having to be discreet to avoid disclosure of CHC’s funding for the Crossover. In Eng Han’s words: “I think most of us didn’t know where that line exactly was.” Notwithstanding that, Eng Han chose to cross the line with Kong Hee and Ye Peng leading the way.”

Serina Wee, former church accountant



“Serina cannot claim to be ignorant or unaware of the Crossover’s financing needs that culminated in the bond transactions. She was a key member of the ‘Crossover team’, being the one tasked with monitoring Xtron’s finances and alerting Kong Hee and Ye Peng about upcoming requirements, cashflow deficits, shortfalls or “valley points”. She was heavily and inextricably embroiled in the cashflow planning and projection process and was no unwitting accomplice. Her attempts to portray her motives as laudable do not detract from her guilty knowledge. I do not doubt her commitment to CHC’s vision for the Crossover and her love for CHC, but this did not ipso facto mean that she was thus incapable of criminal conduct.”

Sharon Tan Shao Yuen, former church finance manager



“Sharon says that she believed that Kong Hee “loves the church a lot and will never do anything to harm the church” ... Her defence is that she was an ignorant and unwitting accomplice, drawn into the tangled web ... Like the other accused persons who professed their love for CHC and support for the Crossover vision, I do not doubt Sharon’s evidence in this regard. I am of the view, however, that Sharon’s knowledge and involvement went far beyond that of a mere employee who was dutifully carrying out instructions. She supported Kong Hee’s vision and had chosen to help facilitate the round-tripping transactions, and it can hardly be said that she honestly believed that they were legally entitled to do so.”