Appeal court gives out death and life sentences in OceanBank case

12:00 | 05/05/2018
The appeal trial upheld almost the entire first verdict, sentencing Nguyen Xuan Son to death, and Ha Van Tham to life imprisonment, identifying them as the masterminds behind the scheme that cost VND1 trillion ($44 million) to OceanBank.
appeal court gives out death and life sentences in oceanbank case
Nguyen Xuan Son (left) and Ha Van Tham (right) at the appeal court of appropriation case in OceanBank. Photo: Vnexpress

Yesterday, the Hanoi People’s Court sentenced Ha Van Tham, Nguyen Xuan Son, and other defendants who caused more than VND1 trillion ($44 million) damages to OceanBank after two weeks of trial and deliberation.

The appeal trial upheld almost the whole first instance verdict and only reduced penalty for the former directors of OceanBank units.

The appeal verdicts for the 26 defendants are as follows:

No.

Defendants

Position

Charge

First instance verdict

Grounds for appeal

Appeal trial verdict

1

Ha Van Tham (46)

Former chairman of OceanBank

Embezzling property

Life imprisonment

Innocent

Life imprisonment

0

0

0

Deliberately acting against the state’s regulations on economic management, causing serious consequences

19 years of imprisonment

Civil compensation

19 years of imprisonment

0

0

0

Abusing position and/or powers to appropriate property

20 years of imprisonment

Innocent

20 years of imprisonment

0

0

0

Breaching regulations on loan provision in the operations of credit institutions

18 years of imprisonment

No appeal

18 years of imprisonment

2

Nguyen Xuan Son (56)

Former general director of OceanBank

Embezzling property

Death

Innocent

Death

0

0

0

Abusing position and/or powers to appropriate property

Life imprisonment

Innocent

Life imprisonment

0

0

0

Deliberately acting against the state’s regulations on economic management, causing serious consequences

17 years of imprisonment

No appeal

17 years of imprisonment

3

Nguyen Minh Thu (45)

Former general director and chairman of OceanBank

Abusing position and/or powers to appropriate property

9 years of imprisonment

Review the crime and reduce penalty

9 years of imprisonment

0

0

0

Deliberately acting against the state’s regulations on economic management, causing serious consequences

13 years of imprisonment

Reduce penalty

13 years of imprisonment

4

Nguyen Van Hoan (41)

Former deputy general director of OceanBank

Abusing position and/or powers to appropriate property

10 years of imprisonment

Review the crime

10 years of imprisonment

0

0

0

Breaching regulations on loan provision in the operations of credit institutions

12 years of imprisonment

Reduce the penalty

10 years of imprisonment

5

Le Thi Thu Thuy (41)

Former deputy general director of OceanBank

Deliberately acting against the state’s regulations on economic management, causing serious consequences

6 years of imprisonment

Reduce the penalty to suspended imprisonment

4 years of imprisonment

6

Vu Thi Thuy Duong (38)

Former director of accounting and domestic transaction of OceanBank

(As above)

4 years of imprisonment

Reduce the penalty to suspended imprisonment

42 months of imprisonment

7

Nguyen Thi Nga (38)

Chief of accountant of OceanBank

(As above)

42 months of imprisonment

Reduce the penalty to suspended imprisonment

30 months of imprisonment

8

Nguyen Hoai Nam (41)

Former director of capital resources of OceanBank

(As above)

42 months of imprisonment

Reduce the penalty to suspended imprisonment

36 months of imprisonment

9

Nguyen Thi Thu Ba (45)

Former director of retail banking of OceanBank

(As above)

36 months of imprisonment

Pleaded for suspended imprisonment

30 months of imprisonment

10

Do Dai Khoi Trang (42)

Former director of individual customers of OceanBank

(As above)

36 months of imprisonment

Pleaded for suspended imprisonment

24 months of imprisonment

11

Pham Cong Danh (53)

Former chairman of Thien Thanh Corporation

Breaching regulations on loan provision in the operations of credit institutions

14 years of imprisonment

Appealed against the whole first instance verdict

14 years of imprisonment

12

Hua Thi Phan (71)

Former chairman of Phu My Investment Co., Ltd.

Breaching regulations on loan provision in the operations of credit institutions

17 years of imprisonment

Appealed against the whole first instance verdict

17 years of imprisonment

13

Trinh Xuan Ha (36)

Former director of OceanBank’s Long Bien branch

Deliberately acting against the state’s regulations on economic management, causing serious consequences

24 months of non-custodial re-education

Exemption of criminal liability, reduce penalty

24 months of non-custodial re-education

14

Nguyen Thi Loan (38)

Former director of OceanBank’s Trung Yen branch

(As above)

18 months of suspended imprisonment

Exemption of criminal liability, reduce penalty

18 months of suspended imprisonment

15

Nguyen Phan Trung Kien (35)

Former director of OceanBank’s Dong Do branch

(As above)

24 months of non-custodial re-education

Exemption of criminal liability, reduce penalty

24 months of non-custodial re-education

16

Ngo Hai Nam (43)

Former director of OceanBank’s Quang Ninh branch

(As above)

22 months of suspended imprisonment

Reduce penalty

22 months of suspended imprisonment

17

Tran Anh Thiet (41)

Hanoi

(As above)

18 months of suspended imprisonment

Exemption of criminal liability, and move to non-custodial re-education

18 months of suspended imprisonment

18

Nguyen Huu Nam

Former director of OceanBank’s Quy Nhon branch

(As above)

18 months of suspended imprisonment

Reduce penalty

18 months of suspended imprisonment

19

Luu Hong Van

Former director of OceanBank’s Ha Dong branch

(As above)

18 months of suspended imprisonment

Move to non-custodial re-education, and reduce penalty

18 months of suspended imprisonment

20

Ngo Hoang Long

Former director of OceanBank’s Au Co branch

(As above)

18 months of suspended imprisonment

Move to non-custodial re-education, and reduce penalty

18 months of suspended imprisonment

21

Le Bao Kien

Former director of OceanBank’s Hoan Kiem branch

(As above)

20 months of suspended imprisonment

Exemption of criminal liability, and reduce penalty

20 months of suspended imprisonment

22

Mai Van Cuong

Former director of OceanBank’s Haiphong branch

(As above)

20 months of suspended imprisonment

Exemption of criminal liability, and reduce penalty

20 months of suspended imprisonment

23

Ta Hoang Phuong

Former director of OceanBank’s Khanh Hoa branch

(As above)

20 months of suspended imprisonment

Exemption of criminal liability, and reduce penalty

20 months of suspended imprisonment

24

Tran Thi Thien Ngan

Former director of OceanBank’s Danang branch

(As above)

20 months of suspended imprisonment

Exemption of criminal liability, and reduce penalty

20 months of suspended imprisonment

25

Nguyen Hong Quan

Former director of OceanBank’s Ca Mau branch

(As above)

18 months of suspended imprisonment

Reduce penalty

18 months of suspended imprisonment

26

Nguyen Van Duc

Former director of OceanBank’s Thanh Hoa branch

(As above)

20 months of suspended imprisonment

Exemption of criminal liability, and reduce penalty

20 months of suspended imprisonment

However, at the appeal court, the wife of Nguyen Xuan Son returned VND5 billion ($0.22 million) and expressed the desire of returning additional VND32 billion ($1.4 million) which is come from assistance of a Son’s close friend.

Total of these two amount is equivalent to 75 per cent of the total amount VND49 billion ($2.16 million) that Nguyen Xuan Son has to pay PetroVietnam according to the first instance verdict in September 2017.

“The appeal court will propose the Supreme People’s Court to consider reducing penalty of Son from death to life imprisonment if he returns at least 75 per cent of total damages,” noted the verdict.

As a result, if Nguyen Xuan Son returns 75 per cent of the damage caused ($1.63 million), the Supreme People’s Court will consider reducing the penalty to life imprisonment. Regarding Ha Van Tham, the court issued conditions to reduce his life sentence.

Accordingly, Tham will be in prison for 12 years, after which the Supreme People's Court will decide whether he returned a sufficient portion of the appropriated money, in light of which they might reduce his life sentence to a limited-time imprisonment.

By Nguyen Huong

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