Tuesday, January 14, 2014

Use of building fund not breach of church’s constitution: Witness (CNA: 15 Jan 2014)

City Harvest Church’s subscription to Xtron bonds are authorised under agreement, says external auditor
 
 SINGAPORE — The external auditor of the City Harvest Church testified today (Jan 15) that there was no breach in the church’s constitution when the Building Fund was used in bond subscription.

Taking the stand for a third day, Ms Tiang Yii of Baker Tilly agreed with the defence that the church’s subscription to Xtron bonds was authorised. Xtron was the firm managing singer Sun Ho’s music career. It had a bond subscription agreement with the church to raise funds for Ho’s music.

Under the agreement, money from the church was used in the production of the singer’s albums. Ms Tiang agreed that “the use of the proceeds were in line with the stated objectives in the bond”, but the prosecution’s case is that Xtron was a financial vehicle used by church founder Kong Hee and five deputies, to channel the church’s Building Fund into Sun Ho’s career, through what they called “sham bond investments”.

Today, the court also heard that Ms Tiang’s colleague, Mr Foong Daw Ching, had been communicating with the accused on bond issues and the use of the Building Fund, but Ms Tiang said she was not aware. The defence’s point is that the accused had been seeking Mr Foong’s advice proactively, but this information was not shared with Ms Tiang and that he had failed in his duty.

Previously, Mr Foong testified that he had dispensed general advice to the accused in his personal capacity.

Another point made was that the accused John Lam was roped in to help with the discussion on the church’s accounts and its bond subscription with Xtron because of his educational qualifications. His lawyer, Mr Kenneth Tan, pointed out to Ms Tiang that Lam had studied accounting.

Sharp exchanges at trial of CHC leaders (CNA: 14 January 2014)

SINGAPORE: Sharp exchanges and multiple objections took place on Tuesday at the trial involving six leaders of the City Harvest Church.

The trial got off to a fiery start with the defence grilling the prosecution witness, who was on the stand for a second day.

During the cross-examination of the Baker Tilly auditor, it emerged that Ms Tiang Yii was aware that funds were used to further Ms Sun Ho's career from as early as 2001.

Ms Ho's husband and church founder Kong Hee, along with five deputies, is accused of misusing millions of church funds to boost her career.

As Xtron's auditor, Ms Tiang said that it was only in December 2007 that she was aware that the church's money, which was used to purchase Xtron bonds, was used for the production of Ms Ho's music albums.

"You were fully aware that the money that went by way of bonds into Xtron was used for the production of music albums of Sun Ho, spouse of Kong Hee?" asked defence lawyer N Sreenivasan.

"Yes, as at December 2007," Ms Tiang replied.

The defence pointed out that this was why Ms Tiang was not surprised to hear that the church was involved in Ms Ho's English album.

Ms Tiang agreed, adding that was when Serina Wee told her that "the church will be investing its Building Fund monies in the bonds".

"But from the Xtron perspective, when you were told that, in fact, the beneficial owner of the bonds is CHC, it didn't come as a surprise to you that CHC had some involvement with this album project, right?" asked defence lawyer Andre Maniam.

Ms Tiang replied: "Yes, when we were told by Serina Wee that CHC would be investing their Building Fund monies in the bonds."

At one point, the defence chided Ms Tiang as a "bad witness".

This drew the prosecution's rebuttal that the defence only said so because they did not get the answers they had wanted.

Earlier in the day, Mr Sreenivasan made the point that Ms Tiang's fellow auditor, Mr Foong Daw Ching, had information given by the church.

This was an email dated 21 July 2008 from accused Tan Ye Peng detailing the relationship between Xtron, CHC and AMAC Capital Partners.

Ms Tiang, who was Xtron's auditor then, said she was not aware of this.

Another point made by the defence was that Ms Tiang was not able to do her audit properly, if she did not communicate with Xtron's directors at all.

The defence grilled Ms Tiang on how she tried to distance herself from Mr Foong, who was also a prosecution witness who had testified in the second leg of the trial. 

City Harvest trial: Church funds used as early as in 2001 to fund Ho Yeow Sun's music career (ST: 14 January 2014)


City Harvest Church funds were already used as early as in 2001 to fund the secular pop music career of founder Kong Hee's wife Ho Yeow Sun, court documents showed on Tuesday.

An item in the church's 2001 audit indicated "cost of production - MTV". That audit was managed by Baker Tilly's Ms Tiang Yii, who continued on the stand for a second day as a prosecution witness in the ongoing trial against Kong and five others for varying counts of criminal breach of trust and falsifying accounts.

Ms Tiang was later the engagement partner for the church from January 2006 to June 2007, and for music production firm Xtron from January to December 2007.

Defence counsel Andre Maniam, who represents former church finance manager Serina Wee, argued that Ms Tiang's awareness of such investments meant it would not come as a surprise to her when told by Wee that the church had invested monies from their Building Fund in $13 million bond purchases in Xtron in 2007 and 2008.

However, in a heated cross-examination earlier by defence counsel N. Sreenivasan, who represents the church's deputy senior pastor Tan Ye Peng, Ms Tiang insisted that she had not raised any warnings or red flags because Wee had only told her "verbally", without any corresponding documentation for the church's 2008 financial year audit.

"We didn't have the information at the time; it was all preliminary information gathering," Ms Tiang said. "The agreement that we saw for Xtron's side did not say where the source of the City Harvest Church funds were from ... That's only verbal representation (for) which we have to seek corroborative evidence."

Mr Sreenivasan countered: "So if somebody tells you that $1 million has been stolen, as auditor you will wait for corroborative evidence before you do anything?



(blogger's note: i guess lying behind the pulpit is not a crime. cos pst rev dr kong stated unequivocably that no church funds were used for Sun Ho's career.)

Monday, January 13, 2014

City Harvest trial: 3rd leg begins (ST: 13 January 2014)

Witnesses from audit firm Baker Tilly to take stand

THE third leg of the high-profile City Harvest trial starts today as the prosecution continues to build its case against the church's founder, Kong Hee, and five of his deputies accused of misappropriating church funds.

The first prosecution witness set to take the stand is Ms Tiang Yii, an auditor from Baker Tilly, the church's external audit firm.

Other witnesses who are expected to appear in court include church trustee Tan Yew Meng and two other auditors from Baker Tilly. One of the two is Mr Sim Guan Seng, who had repeatedly raised concerns about money that had been channelled to one of the church-linked firms.

This leg of the trial will mainly feature evidence of witnesses from the audit firm, said a spokesman for the Attorney-General's Chambers.

The six church leaders are alleged to have funnelled $24 million meant for the church's new building into sham bond investments in church-linked firms Firna and Xtron Productions.

Church accounts were then reportedly falsified to the tune of $26.6 million so the bonds appeared to have been "redeemed", said prosecutors. This was allegedly done to finance the pop music career of Kong's wife, Ms Ho Yeow Sun.

A spokesman for the church said that the defence has yet to finalise its witness list.

The case will unfold in Court 1 of the Subordinate Courts. For each of the morning and afternoon sessions, 55 seat passes will be distributed to the public outside the courts from 7.15am on each day of the trial. The trial is expected to run until September.

The church has organised nightly prayer sessions at various locations, such as its Jurong West church building. Ms Teo Hsin Yi, a 40-year-old church member, said: "Whatever the situation, we will be standing with our leaders. Since the case started 31/2years ago, they have not stopped serving the church fervently and helping people."



Background Story

The case so far
CHURCH founder Kong Hee and five of his deputies are accused of criminal breach of trust. They had allegedly funnelled $24 million of church funds into sham bond investments in church-linked companies Xtron Productions and Firna to bankroll the music career of Kong's pop-singer wife Ho Yeow Sun, and purportedly taken another $26 million to cover it up.

• First leg: May 15 to May 23, 2013
This began with prosecutors questioning church accountants. In one instance, prosecutors showed that two of the accused had unilaterally decided on the interest returns for a bond investment that was different from the original rate, resulting in one of the church's former assistant accountants having to "work backwards" for the accounts to tally.
Deputy Public Prosecutor Tan Kiat Pheng also pointed out that external auditor Sim Guan Seng had raised repeated concerns over the accounts. Prosecutors ended the trial highlighting discrepancies in Xtron documents. They tried to show that Xtron was not independent of the church and that its former director Koh Siow Ngea was merely doing the bidding of the accused.
But the defence said that if the church had directly funded the project, it might have "defeated the purpose" of the Crossover Project, which sought to evangelise via Ms Ho's secular music career, and so the church needed external companies to fund and manage her career.

• Second leg: Aug 26 to Sept 20, 2013
This opened with prosecutors painting a more detailed picture that Xtron and Firna were vehicles for the sham transactions. They also tried to show that Xtron director Choong Kar Weng and Firna owner Wahju Hanafi simply rubber-stamped deals.
But the defence sought to show that the transactions were legitimate and that the accused had acted "in good faith" on the advice of auditors and lawyers.
Other witnesses included two church trustees and Mr Foong Daw Ching, whose accounting firm Baker Tilly TFW audited the church.

Sunday, January 12, 2014

美女被告 is back!

@STcom Serina Wee is the first defendant to arrive in court for the City Harvest trial, followed by Tan Ye Peng

Wednesday, October 2, 2013

Breakdown of repayment schedule for the 2 loans

For the $50m Galaxy Loan taken up in 2010, the repayment schedule was as follows:

In year 2011: $10m principal + $1.5m front end fee + $5m interest = $16.5m
In year 2012: $10m principal + $1.6m front end fee + $4m interest = $15.6m
In year 2013: $30m principal + $1.5m front end fee + $3m interest = $34.5m
3-YEAR TOTAL: $50m principal + $4.6m front end fee + $12m interest = $66.6m

The total cost for this loan would be $16.6m ($4.6m front end fee + $12.0m interest). That's 33.2% of the principal amount. Over 3 years, that's 11.06% financing cost per annum.




For the $46m Glory Loan taken up recently, the repayment schedule is as follows:

In year 2014: $0 principal + $2.6m front end fee + $3.6m interest = $6.2m
In year 2015: $0 principal + $2.6m front end fee + $3.6m interest = $6.2m
In year 2016: $0 principal + $2.6m front end fee + $3.6m interest = $6.2m
In year 2017: $0 principal + $2.6m front end fee + $3.6m interest = $6.2m
In year 2018: $0 principal + $2.6 front end fee + $3.6m interest = $6.2m
In year 2019: $45m principal + $0 front end fee + $3.6m interest = $48.6m
6-YEAR TOTAL: $45m principal + $13m front end fee + $21.6m interest = $79.6m

The total cost for this loan would be $34.6m ($13m front end fee + $21.6m interest). That's 76.8% of the principal amount. Over 6 years, that's 12.8% financing cost per annum.

Based on this simplistic way of looking at the financing cost, it would appear that the new loan is more costly than the previous one, contrary to the leaders' claim that they have taken up a lower-cost loan (by merely looking at the interest of 10% p.a. for the Galaxy Loan versus the 8% p.a. for the Glory Loan).

Summary of Suntec deal