The long-running legal battle over the misuse of City Harvest Church (CHC) funds yesterday resulted in all six accused being convicted of multimillion-dollar fraud.
Some of them, including the church's charismatic 51-year-old founder Kong Hee, were found guilty of secretly funnelling $24 million of church funds into sham investments to bankroll the controversial pop music career of his wife Ho Yeow Sun. And some were guilty of devising plans to use a further $26 million to cover these tracks.
In a courtroom packed with close to 70 church supporters, Judge See Kee Oon ruled that the six had "acted dishonestly" and were involved in conspiracies to misuse church building funds for the Crossover Project - a CHC mission to evangelise through Ms Ho's music. They also defrauded auditors by falsifying accounts.
"Each of them participated and functioned in their own way as crucial cogs in the machinery," said Judge See, who singled out Kong as the spiritual leader the other defendants had trusted.
They are: former CHC fund manager Chew Eng Han, 55; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; deputy senior pastor Tan Ye Peng, 42; and former CHC finance committee member John Lam, 47.
The mammoth trial has captured public attention as tales of extravagant spending by Kong and his wife emerged along with details of an intricate financial fraud.
After 140 days of trial proceedings which began in May 2013, all six arrived in court to hear the verdict in good spirits with their families in tow. Minutes before the hearing began, they were chatting and joking with each other in the dock.
Chew told The Straits Times he was at peace and unafraid, while Tan Ye Peng flashed a thumbs up sign at the defence lawyers.
Some of the church's supporters had queued overnight for a coveted pass into the courtroom, and about 60 people who did not manage to get a ticket were outside, eyes glued to their phones for updates.
But moments after Judge See started delivering his verdict, the mood darkened. Smiles faded and the six stared glumly ahead.
The judge addressed them in sequence, pronouncing the six guilty of all charges - which involved varying counts of criminal breach of trust and falsifying accounts.
Most of them hung their heads low in the dock. Sharon Tan and Wee were seen wiping away tears.
After the hearing, Senior Counsels Edwin Tong, Andre Maniam and N. Sreenivasan - lawyers for Kong, Wee and Tan Ye Peng, respectively - said it was still "too early" to say whether or not their clients would appeal.
Lawyers on both sides are due back in court on Nov 20 to deliver oral submissions on sentencing.
A maximum cumulative sentence of 20 years can be imposed on the accused, in addition to a fine.
In a statement released by the church, Kong's wife Ho, who is also CHC's executive director, said: "We have placed our faith in God and trust that whatever the outcome, He will use it for our good."
Some of those found guilty stuck to their guns. "It's been a very long trial, and someone prudent would have been prepared for conviction. But, of course, we were always believing in our acquittal," said Lam.
Chew said: "I still believe in justice, that the innocent will be set free. And I believe I am innocent."
Hiding unlawful conduct, siphoning funds, fraud...
They had engaged in covert operations and concealed their unlawful conduct. They had knowingly siphoned millions from the church to fund the expensive music career of the pastor's wife.
And they had defrauded auditors with falsified accounts and conspired with the intention to cause wrongful loss to City Harvest Church (CHC).
The list of misdeeds at the end of Judge See Kee Oon's 15-page oral judgment read like a damning coda to the City Harvest trial.
In the judgment, he wrote that the weight of the evidence had led him to find all six City Harvest co- accused guilty of all the charges made out against them.
The six - including senior pastor Kong Hee, 51 - had stood trial on varying charges of criminal breach of trust and falsifying accounts.
For each count of criminal breach of trust, the six could face up to 10 years' jail and a fine. The falsification of accounts carries a jail term of up to 10 years and a fine.
The maximum jail sentence that District Court judges can impose is 10 years per charge, or a cumulative sentence of up to 20 years.
The other accused are deputy senior pastor Tan Ye Peng, 42; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; former CHC finance committee member John Lam, 47; and former CHC fund manager Chew Eng Han, 55.
Bail of $1 million was extended to Kong, Tan Ye Peng, Chew and Lam. It was set at $750,000 for Sharon Tan and Wee. Wee was previously out on bail for $500,000. All six are barred from travelling overseas.
Judge See noted that although there was no evidence of any wrongful gain by the accused, this did not factor in his decision as the prosecution's case was "premised on wrongful loss caused to CHC through the misappropriation of CHC's funds".
Nor did it matter ultimately if the accused had "trusted completely the leadership of Kong Hee" and acted in accordance with his instructions.
"But no matter how pure the motive or how ingrained the trust in one's leaders... these do not exonerate an accused person from criminal liability if all the elements of an offence are made out," he wrote.
The six had misused some $50 million in church building funds earmarked for building-related expenses or investments.
First, $24 million was invested in bonds from music production company Xtron and glass-maker Firna that were in fact used to fund the Crossover Project - a mission to evangelise through Ms Ho Yeow Sun's music.
Later, $26 million was used to cover up the initial misdeed.
Judge See noted that Xtron and Firna bonds were not genuine investments but were "wrong use" of the building fund.
Furthermore, he said, the accused went ahead with the $13 million Xtron bonds, even though album sales projections indicated that only about 200,000 copies would be sold, making far less money than that needed to redeem the bonds on time. The defendants then devised plans to funnel funds to Xtron "under the guise of legitimate transactions" to help it solve its cashflow difficulties.
They also hid the fact from auditors that the company was controlled by Kong and Tan Ye Peng.
"I do not accept that they genuinely believed that the sale of Sun Ho's music albums would generate sufficient profit for CHC to enjoy financial return," wrote Judge See, noting that Ms Ho's "perceived success" was inflated as album sales were boosted by the church.
Similarly, the "primary purpose" of the $11 million in Firna bonds was to channel money from the church to the Crossover Project.
Judge See said he did not buy the defence's argument that money spent on Crossover had a dual purpose of being an investment and serving a "missions" purpose.
"These are creative labels tacked on in an attempt to strain and stretch the plain meaning of the word 'investment'," he said.
He said the "round-tripping" transactions devised were merely to give the appearance the bonds were redeemed. "The substance of it was that CHC was channelling money through various conduits in order to pay itself," he wrote.
Judge See noted the paper trail left by the accused did not indicate innocence, as the defence claimed, but was "more suggestive of a mindset of presumptuousness or boldness".
"The weight of the evidence, however, points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise," he wrote.
They had acted dishonestly and were involved in conspiracies to misuse church funds, says judge
The long-running legal battle over the misuse of City Harvest Church (CHC) funds yesterday resulted in all six accused being convicted of multimillion-dollar fraud.
Some of them, including the church's charismatic 51-year-old founder Kong Hee, were found guilty of secretly funnelling $24 million of church funds into sham investments to bankroll the controversial pop music career of his wife Ho Yeow Sun. And some were guilty of devising plans to use a further $26 million to cover these tracks.
In a courtroom packed with close to 70 church supporters, Judge See Kee Oon ruled that the six had "acted dishonestly" and were involved in conspiracies to misuse church building funds for the Crossover Project - a CHC mission to evangelise through Ms Ho's music. They also defrauded auditors by falsifying accounts.
"Each of them participated and functioned in their own way as crucial cogs in the machinery," said Judge See, who singled out Kong as the spiritual leader the other defendants had trusted.
They are: former CHC fund manager Chew Eng Han, 55; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; deputy senior pastor Tan Ye Peng, 42; and former CHC finance committee member John Lam, 47.
The mammoth trial has captured public attention as tales of extravagant spending by Kong and his wife emerged along with details of an intricate financial fraud.
After 140 days of trial proceedings which began in May 2013, all six arrived in court to hear the verdict in good spirits with their families in tow. Minutes before the hearing began, they were chatting and joking with each other in the dock.
Chew told The Straits Times he was at peace and unafraid, while Tan Ye Peng flashed a thumbs up sign at the defence lawyers.
Some of the church's supporters had queued overnight for a coveted pass into the courtroom, and about 60 people who did not manage to get a ticket were outside, eyes glued to their phones for updates.
But moments after Judge See started delivering his verdict, the mood darkened. Smiles faded and the six stared glumly ahead.
The judge addressed them in sequence, pronouncing the six guilty of all charges - which involved varying counts of criminal breach of trust and falsifying accounts.
Most of them hung their heads low in the dock. Sharon Tan and Wee were seen wiping away tears.
After the hearing, Senior Counsels Edwin Tong, Andre Maniam and N. Sreenivasan - lawyers for Kong, Wee and Tan Ye Peng, respectively - said it was still "too early" to say whether or not their clients would appeal.
Lawyers on both sides are due back in court on Nov 20 to deliver oral submissions on sentencing.
A maximum cumulative sentence of 20 years can be imposed on the accused, in addition to a fine.
In a statement released by the church, Kong's wife Ho, who is also CHC's executive director, said: "We have placed our faith in God and trust that whatever the outcome, He will use it for our good."
Some of those found guilty stuck to their guns. "It's been a very long trial, and someone prudent would have been prepared for conviction. But, of course, we were always believing in our acquittal," said Lam.
Chew said: "I still believe in justice, that the innocent will be set free. And I believe I am innocent."
Hiding unlawful conduct, siphoning funds, fraud...
They had engaged in covert operations and concealed their unlawful conduct. They had knowingly siphoned millions from the church to fund the expensive music career of the pastor's wife.
And they had defrauded auditors with falsified accounts and conspired with the intention to cause wrongful loss to City Harvest Church (CHC).
The list of misdeeds at the end of Judge See Kee Oon's 15-page oral judgment read like a damning coda to the City Harvest trial.
In the judgment, he wrote that the weight of the evidence had led him to find all six City Harvest co- accused guilty of all the charges made out against them.
The six - including senior pastor Kong Hee, 51 - had stood trial on varying charges of criminal breach of trust and falsifying accounts.
For each count of criminal breach of trust, the six could face up to 10 years' jail and a fine. The falsification of accounts carries a jail term of up to 10 years and a fine.
The maximum jail sentence that District Court judges can impose is 10 years per charge, or a cumulative sentence of up to 20 years.
The other accused are deputy senior pastor Tan Ye Peng, 42; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; former CHC finance committee member John Lam, 47; and former CHC fund manager Chew Eng Han, 55.
Bail of $1 million was extended to Kong, Tan Ye Peng, Chew and Lam. It was set at $750,000 for Sharon Tan and Wee. Wee was previously out on bail for $500,000. All six are barred from travelling overseas.
Judge See noted that although there was no evidence of any wrongful gain by the accused, this did not factor in his decision as the prosecution's case was "premised on wrongful loss caused to CHC through the misappropriation of CHC's funds".
Nor did it matter ultimately if the accused had "trusted completely the leadership of Kong Hee" and acted in accordance with his instructions.
"But no matter how pure the motive or how ingrained the trust in one's leaders... these do not exonerate an accused person from criminal liability if all the elements of an offence are made out," he wrote.
The six had misused some $50 million in church building funds earmarked for building-related expenses or investments.
First, $24 million was invested in bonds from music production company Xtron and glass-maker Firna that were in fact used to fund the Crossover Project - a mission to evangelise through Ms Ho Yeow Sun's music.
Later, $26 million was used to cover up the initial misdeed.
Judge See noted that Xtron and Firna bonds were not genuine investments but were "wrong use" of the building fund.
Furthermore, he said, the accused went ahead with the $13 million Xtron bonds, even though album sales projections indicated that only about 200,000 copies would be sold, making far less money than that needed to redeem the bonds on time. The defendants then devised plans to funnel funds to Xtron "under the guise of legitimate transactions" to help it solve its cashflow difficulties.
They also hid the fact from auditors that the company was controlled by Kong and Tan Ye Peng.
"I do not accept that they genuinely believed that the sale of Sun Ho's music albums would generate sufficient profit for CHC to enjoy financial return," wrote Judge See, noting that Ms Ho's "perceived success" was inflated as album sales were boosted by the church.
Similarly, the "primary purpose" of the $11 million in Firna bonds was to channel money from the church to the Crossover Project.
Judge See said he did not buy the defence's argument that money spent on Crossover had a dual purpose of being an investment and serving a "missions" purpose.
"These are creative labels tacked on in an attempt to strain and stretch the plain meaning of the word 'investment'," he said.
He said the "round-tripping" transactions devised were merely to give the appearance the bonds were redeemed. "The substance of it was that CHC was channelling money through various conduits in order to pay itself," he wrote.
Judge See noted the paper trail left by the accused did not indicate innocence, as the defence claimed, but was "more suggestive of a mindset of presumptuousness or boldness".
"The weight of the evidence, however, points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise," he wrote.
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/71722-six-accused-in-city-harvest-trial-guilty-of-all-charges#sthash.RKlDRsKv.dpuf
The long-running legal battle over the misuse of City Harvest Church (CHC) funds yesterday resulted in all six accused being convicted of multimillion-dollar fraud.
Some of them, including the church's charismatic 51-year-old founder Kong Hee, were found guilty of secretly funnelling $24 million of church funds into sham investments to bankroll the controversial pop music career of his wife Ho Yeow Sun. And some were guilty of devising plans to use a further $26 million to cover these tracks.
In a courtroom packed with close to 70 church supporters, Judge See Kee Oon ruled that the six had "acted dishonestly" and were involved in conspiracies to misuse church building funds for the Crossover Project - a CHC mission to evangelise through Ms Ho's music. They also defrauded auditors by falsifying accounts.
"Each of them participated and functioned in their own way as crucial cogs in the machinery," said Judge See, who singled out Kong as the spiritual leader the other defendants had trusted.
They are: former CHC fund manager Chew Eng Han, 55; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; deputy senior pastor Tan Ye Peng, 42; and former CHC finance committee member John Lam, 47.
The mammoth trial has captured public attention as tales of extravagant spending by Kong and his wife emerged along with details of an intricate financial fraud.
After 140 days of trial proceedings which began in May 2013, all six arrived in court to hear the verdict in good spirits with their families in tow. Minutes before the hearing began, they were chatting and joking with each other in the dock.
Chew told The Straits Times he was at peace and unafraid, while Tan Ye Peng flashed a thumbs up sign at the defence lawyers.
Some of the church's supporters had queued overnight for a coveted pass into the courtroom, and about 60 people who did not manage to get a ticket were outside, eyes glued to their phones for updates.
But moments after Judge See started delivering his verdict, the mood darkened. Smiles faded and the six stared glumly ahead.
The judge addressed them in sequence, pronouncing the six guilty of all charges - which involved varying counts of criminal breach of trust and falsifying accounts.
Most of them hung their heads low in the dock. Sharon Tan and Wee were seen wiping away tears.
After the hearing, Senior Counsels Edwin Tong, Andre Maniam and N. Sreenivasan - lawyers for Kong, Wee and Tan Ye Peng, respectively - said it was still "too early" to say whether or not their clients would appeal.
Lawyers on both sides are due back in court on Nov 20 to deliver oral submissions on sentencing.
A maximum cumulative sentence of 20 years can be imposed on the accused, in addition to a fine.
In a statement released by the church, Kong's wife Ho, who is also CHC's executive director, said: "We have placed our faith in God and trust that whatever the outcome, He will use it for our good."
Some of those found guilty stuck to their guns. "It's been a very long trial, and someone prudent would have been prepared for conviction. But, of course, we were always believing in our acquittal," said Lam.
Chew said: "I still believe in justice, that the innocent will be set free. And I believe I am innocent."
Hiding unlawful conduct, siphoning funds, fraud...
They had engaged in covert operations and concealed their unlawful conduct. They had knowingly siphoned millions from the church to fund the expensive music career of the pastor's wife.
And they had defrauded auditors with falsified accounts and conspired with the intention to cause wrongful loss to City Harvest Church (CHC).
The list of misdeeds at the end of Judge See Kee Oon's 15-page oral judgment read like a damning coda to the City Harvest trial.
In the judgment, he wrote that the weight of the evidence had led him to find all six City Harvest co- accused guilty of all the charges made out against them.
The six - including senior pastor Kong Hee, 51 - had stood trial on varying charges of criminal breach of trust and falsifying accounts.
For each count of criminal breach of trust, the six could face up to 10 years' jail and a fine. The falsification of accounts carries a jail term of up to 10 years and a fine.
The maximum jail sentence that District Court judges can impose is 10 years per charge, or a cumulative sentence of up to 20 years.
The other accused are deputy senior pastor Tan Ye Peng, 42; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; former CHC finance committee member John Lam, 47; and former CHC fund manager Chew Eng Han, 55.
Bail of $1 million was extended to Kong, Tan Ye Peng, Chew and Lam. It was set at $750,000 for Sharon Tan and Wee. Wee was previously out on bail for $500,000. All six are barred from travelling overseas.
Judge See noted that although there was no evidence of any wrongful gain by the accused, this did not factor in his decision as the prosecution's case was "premised on wrongful loss caused to CHC through the misappropriation of CHC's funds".
Nor did it matter ultimately if the accused had "trusted completely the leadership of Kong Hee" and acted in accordance with his instructions.
"But no matter how pure the motive or how ingrained the trust in one's leaders... these do not exonerate an accused person from criminal liability if all the elements of an offence are made out," he wrote.
The six had misused some $50 million in church building funds earmarked for building-related expenses or investments.
First, $24 million was invested in bonds from music production company Xtron and glass-maker Firna that were in fact used to fund the Crossover Project - a mission to evangelise through Ms Ho Yeow Sun's music.
Later, $26 million was used to cover up the initial misdeed.
Judge See noted that Xtron and Firna bonds were not genuine investments but were "wrong use" of the building fund.
Furthermore, he said, the accused went ahead with the $13 million Xtron bonds, even though album sales projections indicated that only about 200,000 copies would be sold, making far less money than that needed to redeem the bonds on time. The defendants then devised plans to funnel funds to Xtron "under the guise of legitimate transactions" to help it solve its cashflow difficulties.
They also hid the fact from auditors that the company was controlled by Kong and Tan Ye Peng.
"I do not accept that they genuinely believed that the sale of Sun Ho's music albums would generate sufficient profit for CHC to enjoy financial return," wrote Judge See, noting that Ms Ho's "perceived success" was inflated as album sales were boosted by the church.
Similarly, the "primary purpose" of the $11 million in Firna bonds was to channel money from the church to the Crossover Project.
Judge See said he did not buy the defence's argument that money spent on Crossover had a dual purpose of being an investment and serving a "missions" purpose.
"These are creative labels tacked on in an attempt to strain and stretch the plain meaning of the word 'investment'," he said.
He said the "round-tripping" transactions devised were merely to give the appearance the bonds were redeemed. "The substance of it was that CHC was channelling money through various conduits in order to pay itself," he wrote.
Judge See noted the paper trail left by the accused did not indicate innocence, as the defence claimed, but was "more suggestive of a mindset of presumptuousness or boldness".
"The weight of the evidence, however, points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise," he wrote.
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/71722-six-accused-in-city-harvest-trial-guilty-of-all-charges#sthash.RKlDRsKv.dpuf
They had acted dishonestly and were involved in conspiracies to misuse church funds, says judge
The long-running legal battle over the misuse of City Harvest Church (CHC) funds yesterday resulted in all six accused being convicted of multimillion-dollar fraud.
Some of them, including the church's charismatic 51-year-old founder Kong Hee, were found guilty of secretly funnelling $24 million of church funds into sham investments to bankroll the controversial pop music career of his wife Ho Yeow Sun. And some were guilty of devising plans to use a further $26 million to cover these tracks.
In a courtroom packed with close to 70 church supporters, Judge See Kee Oon ruled that the six had "acted dishonestly" and were involved in conspiracies to misuse church building funds for the Crossover Project - a CHC mission to evangelise through Ms Ho's music. They also defrauded auditors by falsifying accounts.
"Each of them participated and functioned in their own way as crucial cogs in the machinery," said Judge See, who singled out Kong as the spiritual leader the other defendants had trusted.
They are: former CHC fund manager Chew Eng Han, 55; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; deputy senior pastor Tan Ye Peng, 42; and former CHC finance committee member John Lam, 47.
The mammoth trial has captured public attention as tales of extravagant spending by Kong and his wife emerged along with details of an intricate financial fraud.
After 140 days of trial proceedings which began in May 2013, all six arrived in court to hear the verdict in good spirits with their families in tow. Minutes before the hearing began, they were chatting and joking with each other in the dock.
Chew told The Straits Times he was at peace and unafraid, while Tan Ye Peng flashed a thumbs up sign at the defence lawyers.
Some of the church's supporters had queued overnight for a coveted pass into the courtroom, and about 60 people who did not manage to get a ticket were outside, eyes glued to their phones for updates.
But moments after Judge See started delivering his verdict, the mood darkened. Smiles faded and the six stared glumly ahead.
The judge addressed them in sequence, pronouncing the six guilty of all charges - which involved varying counts of criminal breach of trust and falsifying accounts.
Most of them hung their heads low in the dock. Sharon Tan and Wee were seen wiping away tears.
After the hearing, Senior Counsels Edwin Tong, Andre Maniam and N. Sreenivasan - lawyers for Kong, Wee and Tan Ye Peng, respectively - said it was still "too early" to say whether or not their clients would appeal.
Lawyers on both sides are due back in court on Nov 20 to deliver oral submissions on sentencing.
A maximum cumulative sentence of 20 years can be imposed on the accused, in addition to a fine.
In a statement released by the church, Kong's wife Ho, who is also CHC's executive director, said: "We have placed our faith in God and trust that whatever the outcome, He will use it for our good."
Some of those found guilty stuck to their guns. "It's been a very long trial, and someone prudent would have been prepared for conviction. But, of course, we were always believing in our acquittal," said Lam.
Chew said: "I still believe in justice, that the innocent will be set free. And I believe I am innocent."
Hiding unlawful conduct, siphoning funds, fraud...
They had engaged in covert operations and concealed their unlawful conduct. They had knowingly siphoned millions from the church to fund the expensive music career of the pastor's wife.
And they had defrauded auditors with falsified accounts and conspired with the intention to cause wrongful loss to City Harvest Church (CHC).
The list of misdeeds at the end of Judge See Kee Oon's 15-page oral judgment read like a damning coda to the City Harvest trial.
In the judgment, he wrote that the weight of the evidence had led him to find all six City Harvest co- accused guilty of all the charges made out against them.
The six - including senior pastor Kong Hee, 51 - had stood trial on varying charges of criminal breach of trust and falsifying accounts.
For each count of criminal breach of trust, the six could face up to 10 years' jail and a fine. The falsification of accounts carries a jail term of up to 10 years and a fine.
The maximum jail sentence that District Court judges can impose is 10 years per charge, or a cumulative sentence of up to 20 years.
The other accused are deputy senior pastor Tan Ye Peng, 42; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; former CHC finance committee member John Lam, 47; and former CHC fund manager Chew Eng Han, 55.
Bail of $1 million was extended to Kong, Tan Ye Peng, Chew and Lam. It was set at $750,000 for Sharon Tan and Wee. Wee was previously out on bail for $500,000. All six are barred from travelling overseas.
Judge See noted that although there was no evidence of any wrongful gain by the accused, this did not factor in his decision as the prosecution's case was "premised on wrongful loss caused to CHC through the misappropriation of CHC's funds".
Nor did it matter ultimately if the accused had "trusted completely the leadership of Kong Hee" and acted in accordance with his instructions.
"But no matter how pure the motive or how ingrained the trust in one's leaders... these do not exonerate an accused person from criminal liability if all the elements of an offence are made out," he wrote.
The six had misused some $50 million in church building funds earmarked for building-related expenses or investments.
First, $24 million was invested in bonds from music production company Xtron and glass-maker Firna that were in fact used to fund the Crossover Project - a mission to evangelise through Ms Ho Yeow Sun's music.
Later, $26 million was used to cover up the initial misdeed.
Judge See noted that Xtron and Firna bonds were not genuine investments but were "wrong use" of the building fund.
Furthermore, he said, the accused went ahead with the $13 million Xtron bonds, even though album sales projections indicated that only about 200,000 copies would be sold, making far less money than that needed to redeem the bonds on time. The defendants then devised plans to funnel funds to Xtron "under the guise of legitimate transactions" to help it solve its cashflow difficulties.
They also hid the fact from auditors that the company was controlled by Kong and Tan Ye Peng.
"I do not accept that they genuinely believed that the sale of Sun Ho's music albums would generate sufficient profit for CHC to enjoy financial return," wrote Judge See, noting that Ms Ho's "perceived success" was inflated as album sales were boosted by the church.
Similarly, the "primary purpose" of the $11 million in Firna bonds was to channel money from the church to the Crossover Project.
Judge See said he did not buy the defence's argument that money spent on Crossover had a dual purpose of being an investment and serving a "missions" purpose.
"These are creative labels tacked on in an attempt to strain and stretch the plain meaning of the word 'investment'," he said.
He said the "round-tripping" transactions devised were merely to give the appearance the bonds were redeemed. "The substance of it was that CHC was channelling money through various conduits in order to pay itself," he wrote.
Judge See noted the paper trail left by the accused did not indicate innocence, as the defence claimed, but was "more suggestive of a mindset of presumptuousness or boldness".
"The weight of the evidence, however, points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise," he wrote.
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/71722-six-accused-in-city-harvest-trial-guilty-of-all-charges#sthash.RKlDRsKv.dpuf
The long-running legal battle over the misuse of City Harvest Church (CHC) funds yesterday resulted in all six accused being convicted of multimillion-dollar fraud.
Some of them, including the church's charismatic 51-year-old founder Kong Hee, were found guilty of secretly funnelling $24 million of church funds into sham investments to bankroll the controversial pop music career of his wife Ho Yeow Sun. And some were guilty of devising plans to use a further $26 million to cover these tracks.
In a courtroom packed with close to 70 church supporters, Judge See Kee Oon ruled that the six had "acted dishonestly" and were involved in conspiracies to misuse church building funds for the Crossover Project - a CHC mission to evangelise through Ms Ho's music. They also defrauded auditors by falsifying accounts.
"Each of them participated and functioned in their own way as crucial cogs in the machinery," said Judge See, who singled out Kong as the spiritual leader the other defendants had trusted.
They are: former CHC fund manager Chew Eng Han, 55; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; deputy senior pastor Tan Ye Peng, 42; and former CHC finance committee member John Lam, 47.
The mammoth trial has captured public attention as tales of extravagant spending by Kong and his wife emerged along with details of an intricate financial fraud.
After 140 days of trial proceedings which began in May 2013, all six arrived in court to hear the verdict in good spirits with their families in tow. Minutes before the hearing began, they were chatting and joking with each other in the dock.
Chew told The Straits Times he was at peace and unafraid, while Tan Ye Peng flashed a thumbs up sign at the defence lawyers.
Some of the church's supporters had queued overnight for a coveted pass into the courtroom, and about 60 people who did not manage to get a ticket were outside, eyes glued to their phones for updates.
But moments after Judge See started delivering his verdict, the mood darkened. Smiles faded and the six stared glumly ahead.
The judge addressed them in sequence, pronouncing the six guilty of all charges - which involved varying counts of criminal breach of trust and falsifying accounts.
Most of them hung their heads low in the dock. Sharon Tan and Wee were seen wiping away tears.
After the hearing, Senior Counsels Edwin Tong, Andre Maniam and N. Sreenivasan - lawyers for Kong, Wee and Tan Ye Peng, respectively - said it was still "too early" to say whether or not their clients would appeal.
Lawyers on both sides are due back in court on Nov 20 to deliver oral submissions on sentencing.
A maximum cumulative sentence of 20 years can be imposed on the accused, in addition to a fine.
In a statement released by the church, Kong's wife Ho, who is also CHC's executive director, said: "We have placed our faith in God and trust that whatever the outcome, He will use it for our good."
Some of those found guilty stuck to their guns. "It's been a very long trial, and someone prudent would have been prepared for conviction. But, of course, we were always believing in our acquittal," said Lam.
Chew said: "I still believe in justice, that the innocent will be set free. And I believe I am innocent."
Hiding unlawful conduct, siphoning funds, fraud...
They had engaged in covert operations and concealed their unlawful conduct. They had knowingly siphoned millions from the church to fund the expensive music career of the pastor's wife.
And they had defrauded auditors with falsified accounts and conspired with the intention to cause wrongful loss to City Harvest Church (CHC).
The list of misdeeds at the end of Judge See Kee Oon's 15-page oral judgment read like a damning coda to the City Harvest trial.
In the judgment, he wrote that the weight of the evidence had led him to find all six City Harvest co- accused guilty of all the charges made out against them.
The six - including senior pastor Kong Hee, 51 - had stood trial on varying charges of criminal breach of trust and falsifying accounts.
For each count of criminal breach of trust, the six could face up to 10 years' jail and a fine. The falsification of accounts carries a jail term of up to 10 years and a fine.
The maximum jail sentence that District Court judges can impose is 10 years per charge, or a cumulative sentence of up to 20 years.
The other accused are deputy senior pastor Tan Ye Peng, 42; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; former CHC finance committee member John Lam, 47; and former CHC fund manager Chew Eng Han, 55.
Bail of $1 million was extended to Kong, Tan Ye Peng, Chew and Lam. It was set at $750,000 for Sharon Tan and Wee. Wee was previously out on bail for $500,000. All six are barred from travelling overseas.
Judge See noted that although there was no evidence of any wrongful gain by the accused, this did not factor in his decision as the prosecution's case was "premised on wrongful loss caused to CHC through the misappropriation of CHC's funds".
Nor did it matter ultimately if the accused had "trusted completely the leadership of Kong Hee" and acted in accordance with his instructions.
"But no matter how pure the motive or how ingrained the trust in one's leaders... these do not exonerate an accused person from criminal liability if all the elements of an offence are made out," he wrote.
The six had misused some $50 million in church building funds earmarked for building-related expenses or investments.
First, $24 million was invested in bonds from music production company Xtron and glass-maker Firna that were in fact used to fund the Crossover Project - a mission to evangelise through Ms Ho Yeow Sun's music.
Later, $26 million was used to cover up the initial misdeed.
Judge See noted that Xtron and Firna bonds were not genuine investments but were "wrong use" of the building fund.
Furthermore, he said, the accused went ahead with the $13 million Xtron bonds, even though album sales projections indicated that only about 200,000 copies would be sold, making far less money than that needed to redeem the bonds on time. The defendants then devised plans to funnel funds to Xtron "under the guise of legitimate transactions" to help it solve its cashflow difficulties.
They also hid the fact from auditors that the company was controlled by Kong and Tan Ye Peng.
"I do not accept that they genuinely believed that the sale of Sun Ho's music albums would generate sufficient profit for CHC to enjoy financial return," wrote Judge See, noting that Ms Ho's "perceived success" was inflated as album sales were boosted by the church.
Similarly, the "primary purpose" of the $11 million in Firna bonds was to channel money from the church to the Crossover Project.
Judge See said he did not buy the defence's argument that money spent on Crossover had a dual purpose of being an investment and serving a "missions" purpose.
"These are creative labels tacked on in an attempt to strain and stretch the plain meaning of the word 'investment'," he said.
He said the "round-tripping" transactions devised were merely to give the appearance the bonds were redeemed. "The substance of it was that CHC was channelling money through various conduits in order to pay itself," he wrote.
Judge See noted the paper trail left by the accused did not indicate innocence, as the defence claimed, but was "more suggestive of a mindset of presumptuousness or boldness".
"The weight of the evidence, however, points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise," he wrote.
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/71722-six-accused-in-city-harvest-trial-guilty-of-all-charges#sthash.RKlDRsKv.dpuf
They had acted dishonestly and were involved in conspiracies to misuse church funds, says judge
The long-running legal battle over the misuse of City Harvest Church (CHC) funds yesterday resulted in all six accused being convicted of multimillion-dollar fraud.
Some of them, including the church's charismatic 51-year-old founder Kong Hee, were found guilty of secretly funnelling $24 million of church funds into sham investments to bankroll the controversial pop music career of his wife Ho Yeow Sun. And some were guilty of devising plans to use a further $26 million to cover these tracks.
In a courtroom packed with close to 70 church supporters, Judge See Kee Oon ruled that the six had "acted dishonestly" and were involved in conspiracies to misuse church building funds for the Crossover Project - a CHC mission to evangelise through Ms Ho's music. They also defrauded auditors by falsifying accounts.
"Each of them participated and functioned in their own way as crucial cogs in the machinery," said Judge See, who singled out Kong as the spiritual leader the other defendants had trusted.
They are: former CHC fund manager Chew Eng Han, 55; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; deputy senior pastor Tan Ye Peng, 42; and former CHC finance committee member John Lam, 47.
The mammoth trial has captured public attention as tales of extravagant spending by Kong and his wife emerged along with details of an intricate financial fraud.
After 140 days of trial proceedings which began in May 2013, all six arrived in court to hear the verdict in good spirits with their families in tow. Minutes before the hearing began, they were chatting and joking with each other in the dock.
Chew told The Straits Times he was at peace and unafraid, while Tan Ye Peng flashed a thumbs up sign at the defence lawyers.
Some of the church's supporters had queued overnight for a coveted pass into the courtroom, and about 60 people who did not manage to get a ticket were outside, eyes glued to their phones for updates.
But moments after Judge See started delivering his verdict, the mood darkened. Smiles faded and the six stared glumly ahead.
The judge addressed them in sequence, pronouncing the six guilty of all charges - which involved varying counts of criminal breach of trust and falsifying accounts.
Most of them hung their heads low in the dock. Sharon Tan and Wee were seen wiping away tears.
After the hearing, Senior Counsels Edwin Tong, Andre Maniam and N. Sreenivasan - lawyers for Kong, Wee and Tan Ye Peng, respectively - said it was still "too early" to say whether or not their clients would appeal.
Lawyers on both sides are due back in court on Nov 20 to deliver oral submissions on sentencing.
A maximum cumulative sentence of 20 years can be imposed on the accused, in addition to a fine.
In a statement released by the church, Kong's wife Ho, who is also CHC's executive director, said: "We have placed our faith in God and trust that whatever the outcome, He will use it for our good."
Some of those found guilty stuck to their guns. "It's been a very long trial, and someone prudent would have been prepared for conviction. But, of course, we were always believing in our acquittal," said Lam.
Chew said: "I still believe in justice, that the innocent will be set free. And I believe I am innocent."
Hiding unlawful conduct, siphoning funds, fraud...
They had engaged in covert operations and concealed their unlawful conduct. They had knowingly siphoned millions from the church to fund the expensive music career of the pastor's wife.
And they had defrauded auditors with falsified accounts and conspired with the intention to cause wrongful loss to City Harvest Church (CHC).
The list of misdeeds at the end of Judge See Kee Oon's 15-page oral judgment read like a damning coda to the City Harvest trial.
In the judgment, he wrote that the weight of the evidence had led him to find all six City Harvest co- accused guilty of all the charges made out against them.
The six - including senior pastor Kong Hee, 51 - had stood trial on varying charges of criminal breach of trust and falsifying accounts.
For each count of criminal breach of trust, the six could face up to 10 years' jail and a fine. The falsification of accounts carries a jail term of up to 10 years and a fine.
The maximum jail sentence that District Court judges can impose is 10 years per charge, or a cumulative sentence of up to 20 years.
The other accused are deputy senior pastor Tan Ye Peng, 42; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; former CHC finance committee member John Lam, 47; and former CHC fund manager Chew Eng Han, 55.
Bail of $1 million was extended to Kong, Tan Ye Peng, Chew and Lam. It was set at $750,000 for Sharon Tan and Wee. Wee was previously out on bail for $500,000. All six are barred from travelling overseas.
Judge See noted that although there was no evidence of any wrongful gain by the accused, this did not factor in his decision as the prosecution's case was "premised on wrongful loss caused to CHC through the misappropriation of CHC's funds".
Nor did it matter ultimately if the accused had "trusted completely the leadership of Kong Hee" and acted in accordance with his instructions.
"But no matter how pure the motive or how ingrained the trust in one's leaders... these do not exonerate an accused person from criminal liability if all the elements of an offence are made out," he wrote.
The six had misused some $50 million in church building funds earmarked for building-related expenses or investments.
First, $24 million was invested in bonds from music production company Xtron and glass-maker Firna that were in fact used to fund the Crossover Project - a mission to evangelise through Ms Ho Yeow Sun's music.
Later, $26 million was used to cover up the initial misdeed.
Judge See noted that Xtron and Firna bonds were not genuine investments but were "wrong use" of the building fund.
Furthermore, he said, the accused went ahead with the $13 million Xtron bonds, even though album sales projections indicated that only about 200,000 copies would be sold, making far less money than that needed to redeem the bonds on time. The defendants then devised plans to funnel funds to Xtron "under the guise of legitimate transactions" to help it solve its cashflow difficulties.
They also hid the fact from auditors that the company was controlled by Kong and Tan Ye Peng.
"I do not accept that they genuinely believed that the sale of Sun Ho's music albums would generate sufficient profit for CHC to enjoy financial return," wrote Judge See, noting that Ms Ho's "perceived success" was inflated as album sales were boosted by the church.
Similarly, the "primary purpose" of the $11 million in Firna bonds was to channel money from the church to the Crossover Project.
Judge See said he did not buy the defence's argument that money spent on Crossover had a dual purpose of being an investment and serving a "missions" purpose.
"These are creative labels tacked on in an attempt to strain and stretch the plain meaning of the word 'investment'," he said.
He said the "round-tripping" transactions devised were merely to give the appearance the bonds were redeemed. "The substance of it was that CHC was channelling money through various conduits in order to pay itself," he wrote.
Judge See noted the paper trail left by the accused did not indicate innocence, as the defence claimed, but was "more suggestive of a mindset of presumptuousness or boldness".
"The weight of the evidence, however, points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise," he wrote.
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/71722-six-accused-in-city-harvest-trial-guilty-of-all-charges#sthash.RKlDRsKv.dpuf
The long-running legal battle over the misuse of City Harvest Church (CHC) funds yesterday resulted in all six accused being convicted of multimillion-dollar fraud.
Some of them, including the church's charismatic 51-year-old founder Kong Hee, were found guilty of secretly funnelling $24 million of church funds into sham investments to bankroll the controversial pop music career of his wife Ho Yeow Sun. And some were guilty of devising plans to use a further $26 million to cover these tracks.
In a courtroom packed with close to 70 church supporters, Judge See Kee Oon ruled that the six had "acted dishonestly" and were involved in conspiracies to misuse church building funds for the Crossover Project - a CHC mission to evangelise through Ms Ho's music. They also defrauded auditors by falsifying accounts.
"Each of them participated and functioned in their own way as crucial cogs in the machinery," said Judge See, who singled out Kong as the spiritual leader the other defendants had trusted.
They are: former CHC fund manager Chew Eng Han, 55; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; deputy senior pastor Tan Ye Peng, 42; and former CHC finance committee member John Lam, 47.
The mammoth trial has captured public attention as tales of extravagant spending by Kong and his wife emerged along with details of an intricate financial fraud.
After 140 days of trial proceedings which began in May 2013, all six arrived in court to hear the verdict in good spirits with their families in tow. Minutes before the hearing began, they were chatting and joking with each other in the dock.
Chew told The Straits Times he was at peace and unafraid, while Tan Ye Peng flashed a thumbs up sign at the defence lawyers.
Some of the church's supporters had queued overnight for a coveted pass into the courtroom, and about 60 people who did not manage to get a ticket were outside, eyes glued to their phones for updates.
But moments after Judge See started delivering his verdict, the mood darkened. Smiles faded and the six stared glumly ahead.
The judge addressed them in sequence, pronouncing the six guilty of all charges - which involved varying counts of criminal breach of trust and falsifying accounts.
Most of them hung their heads low in the dock. Sharon Tan and Wee were seen wiping away tears.
After the hearing, Senior Counsels Edwin Tong, Andre Maniam and N. Sreenivasan - lawyers for Kong, Wee and Tan Ye Peng, respectively - said it was still "too early" to say whether or not their clients would appeal.
Lawyers on both sides are due back in court on Nov 20 to deliver oral submissions on sentencing.
A maximum cumulative sentence of 20 years can be imposed on the accused, in addition to a fine.
In a statement released by the church, Kong's wife Ho, who is also CHC's executive director, said: "We have placed our faith in God and trust that whatever the outcome, He will use it for our good."
Some of those found guilty stuck to their guns. "It's been a very long trial, and someone prudent would have been prepared for conviction. But, of course, we were always believing in our acquittal," said Lam.
Chew said: "I still believe in justice, that the innocent will be set free. And I believe I am innocent."
Hiding unlawful conduct, siphoning funds, fraud...
They had engaged in covert operations and concealed their unlawful conduct. They had knowingly siphoned millions from the church to fund the expensive music career of the pastor's wife.
And they had defrauded auditors with falsified accounts and conspired with the intention to cause wrongful loss to City Harvest Church (CHC).
The list of misdeeds at the end of Judge See Kee Oon's 15-page oral judgment read like a damning coda to the City Harvest trial.
In the judgment, he wrote that the weight of the evidence had led him to find all six City Harvest co- accused guilty of all the charges made out against them.
The six - including senior pastor Kong Hee, 51 - had stood trial on varying charges of criminal breach of trust and falsifying accounts.
For each count of criminal breach of trust, the six could face up to 10 years' jail and a fine. The falsification of accounts carries a jail term of up to 10 years and a fine.
The maximum jail sentence that District Court judges can impose is 10 years per charge, or a cumulative sentence of up to 20 years.
The other accused are deputy senior pastor Tan Ye Peng, 42; former CHC finance managers Serina Wee, 38, and Sharon Tan, 40; former CHC finance committee member John Lam, 47; and former CHC fund manager Chew Eng Han, 55.
Bail of $1 million was extended to Kong, Tan Ye Peng, Chew and Lam. It was set at $750,000 for Sharon Tan and Wee. Wee was previously out on bail for $500,000. All six are barred from travelling overseas.
Judge See noted that although there was no evidence of any wrongful gain by the accused, this did not factor in his decision as the prosecution's case was "premised on wrongful loss caused to CHC through the misappropriation of CHC's funds".
Nor did it matter ultimately if the accused had "trusted completely the leadership of Kong Hee" and acted in accordance with his instructions.
"But no matter how pure the motive or how ingrained the trust in one's leaders... these do not exonerate an accused person from criminal liability if all the elements of an offence are made out," he wrote.
The six had misused some $50 million in church building funds earmarked for building-related expenses or investments.
First, $24 million was invested in bonds from music production company Xtron and glass-maker Firna that were in fact used to fund the Crossover Project - a mission to evangelise through Ms Ho Yeow Sun's music.
Later, $26 million was used to cover up the initial misdeed.
Judge See noted that Xtron and Firna bonds were not genuine investments but were "wrong use" of the building fund.
Furthermore, he said, the accused went ahead with the $13 million Xtron bonds, even though album sales projections indicated that only about 200,000 copies would be sold, making far less money than that needed to redeem the bonds on time. The defendants then devised plans to funnel funds to Xtron "under the guise of legitimate transactions" to help it solve its cashflow difficulties.
They also hid the fact from auditors that the company was controlled by Kong and Tan Ye Peng.
"I do not accept that they genuinely believed that the sale of Sun Ho's music albums would generate sufficient profit for CHC to enjoy financial return," wrote Judge See, noting that Ms Ho's "perceived success" was inflated as album sales were boosted by the church.
Similarly, the "primary purpose" of the $11 million in Firna bonds was to channel money from the church to the Crossover Project.
Judge See said he did not buy the defence's argument that money spent on Crossover had a dual purpose of being an investment and serving a "missions" purpose.
"These are creative labels tacked on in an attempt to strain and stretch the plain meaning of the word 'investment'," he said.
He said the "round-tripping" transactions devised were merely to give the appearance the bonds were redeemed. "The substance of it was that CHC was channelling money through various conduits in order to pay itself," he wrote.
Judge See noted the paper trail left by the accused did not indicate innocence, as the defence claimed, but was "more suggestive of a mindset of presumptuousness or boldness".
"The weight of the evidence, however, points to a finding that they knew they were acting dishonestly and I am unable to conclude otherwise," he wrote.
- See more at: http://www.singaporelawwatch.sg/slw/index.php/headlines/71722-six-accused-in-city-harvest-trial-guilty-of-all-charges#sthash.RKlDRsKv.dpuf
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