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Shell MGO bunker heist: Former Intertek, Inspectorate surveyors receive fines, jail sentences

A Duraisamy received a SGD 42,870.60 fine and 10-month jail sentence while Lee Been Lian was fined SGD 6,795 and received a two-month jail term due to offences under the Prevention of Corruption Act.

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Two former surveyors employed by Intertek Testing Services Pte Ltd (Intertek) and Inspectorate Singapore Pte Ltd (Inspectorate) received fines and jail sentences at the State Courts of Singapore on Monday (29 August) due to their involvement in the misappropriation of Shell gasoil at Shell Pulau Bukom, according to court documents obtained by Manifold Times.

A Duraisamy received a SGD 42,870.60 fine and 10-month jail sentence due to offences punishable under Section 6(a) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (PCA), which charges are combined under Section 124(4) of the Criminal Procedure Code 2010.

He first served as a surveyor at Intertek between 2013 to 2015 and was employed for a similar role by Inspectorate between 2016 to 2017.

Between 2014 and 2015, Duraisamy corruptly accepted total gratification of USD 15,000 (SGD 20,514) from Juandi bin Pungot to inaccurately report the amount of cargo loaded onto vessels which Intertek was engaged to inspect.

Sometime in April 2017, he accepted a bribe of USD 10,000 (SGD 14,070) from Richard Goh Chee Keong, the former Loading Master of Shell Eastern Petroleum Private Limited (Shell).

The bribes were for Duraisamy to omit inspection of non-nominated tanks and to falsely understate in his ullage reports the amount of cargo loaded onto receiving vessels. They were also for him to turn a blind eye and remain quiet about any misappropriation of Shell gasoil.

As a result of Duraisamy’s assistance in concealing the misappropriation of gasoil, three incidents of misappropriation of Shell gasoil (worth USD 1.78 million) went undetected by Shell between 2016 to 2017.

Lee Been Lian, who was surveyor employed by Intertek during the time of offence, was fined SGD 6,795 and received a two-month jail sentence due to offences punishable under Section 6(a) of the PCA.

Sometime in October 2017, Mr Lee received USD 5,000 (SGD 6,795) from Mr Goh in exchange for not inspecting the non-nominated tanks of a receiving vessel which loaded Shell gasoil without Shell’s authorisation.

The monies were also for Mr Lee to turned a blind eye to and keep quiet about any misappropriation of Shell gasoil.

His action of helping Goh and his co-conspirators conceal one incident of misappropriation of Shell’s gasoil resulted in Shell losing gasoil (worth USD 1. 20 million) during October 2017.

Notably, court documents highlighted Shell taking numerous “costly measures” to improve its systems and processes at Shell Pulau Bukom since the discovery of large-scale misappropriation.

These include:

  • Installation of new and additional custody transfer meters and anti-theft CCTV;
  • Development of a monitoring software to detect potential theft of gasoil;
  • Creation of new permanent positions to strengthen the supervision of key processes;
  • Focus on improving frontline staff performance.

By end 2020, the estimated cost directly incurred or to be incurred by Shell to manage the consequence of the long-term misappropriation, including the implementation of the measures detailed above, was in the region of SGD 6 million.

Earlier coverage of developments by Manifold Times regarding the Shell MGO bunker heist can be found below:

Related: Shell MGO bunker heist: Ex-CCIC Singapore surveyor pleads guilty to misconduct, receiving USD 12k in bribes
RelatedShell MGO bunker heist: Ex-Process Technician receives 184-month prison sentence over illicit involvement
RelatedShell MGO bunker heist: Syndicate member’s nephew jailed over concealment of safe containing valuables
RelatedShell MGO bunker heist: 12 former surveyors from Intertek, Inspectorate, CCIC, SGS charged for corruption
RelatedShell MGO bunker heist: Former Shore Loading Officer receives 29-year jail sentence over total 85 charges
RelatedShell MGO bunker heist: Ex-Process Technician received minimum SGD 735,000 in benefits, faces 43 charges
RelatedShell MGO bunker heist: Ex-Shell employee admits leading role in illicit operation
RelatedShell MGO bunker heist: Sentek ex-Director faces 40 fresh charges
RelatedShell MGO bunker heist: Two former Shell employees jailed over theft
RelatedShell MGO bunker heist: High Court affirms ‘Prime South’ forfeiture to Singapore State
RelatedShell MGO bunker heist: Three ex-Shell employees charged with bribing surveyors
RelatedShell MGO bunker heist: Second ex-Shell employee pleads guilty to nine charges
RelatedShell MGO bunker heist: First ex-Shell employee to plead guilty over involvement
RelatedShell MGO bunker heist: Director of Singapore bunkering firm released from police custody
RelatedShell MGO bunker heist: Oil tanker ‘Prime South’ forfeited by State Courts of Singapore
RelatedShell MGO bunker heist: Director of Singapore bunkering firm face charge at State Courts
RelatedShell Singapore oil heist: Third offender pleads guilty for gas oil theft
RelatedCaptain of “Prime South” jailed in Shell Pulau Bukom gas oil theft
RelatedShell Singapore oil heist: Ex-Chief Officer of Prime South jailed
RelatedSingapore: Shell MGO bunker heist amount balloons to USD$142 million
RelatedShell MGO bunker heist update: Fresh charges issued at Singapore court
RelatedShell Singapore oil heist: More charges issued at court
RelatedShell Singapore oil heist: Breakdown of stolen oil cargoes
RelatedIntertek Singapore employee among Shell oil heist suspects

 

Photo credit: Manifold Times
Published: 1 September, 2022

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Legal

Former CEO of Singapore-listed New Silkroutes Group amongst three others facing 31 charges at court

Dr Goh Jin Hian was the ex-Director of former Singapore bunker supplier and bunker craft operator Inter-Pacific Petroleum; he faced a USD 156 million civil trial at the Singapore High Court in April 2023.

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Former Chief Executive Officer of Singapore-listed New Silkroutes Group Limited (NSG), Dr Goh Jin Hian, former Chief Corporate Officer, Oo Cheong Kwan Kelvyn, and former Finance Director, Teo Thiam Chuan William, were charged in court on Wednesday (20 September) with false trading offences under the Securities and Futures Act (SFA).

A fourth individual, Huang Yiwen, the sole director of GTC Group Pte Ltd (a commercial market maker engaged by NSG during the material time), was also charged with similar offences.

The four men were each charged with 31 counts of Section 197(1)(b) of the SFA read with Section 109 of the Penal Code for engaging in a conspiracy to create a misleading appearance with respect to the price of NSG securities.

They allegedly placed orders and executed trades in NSG securities for a purpose of pushing up the price of NSG securities on 31 trading days between 26 February 2018 and 27 August 2018. The alleged price manipulative orders and trades include share buy-backs conducted through NSG’s corporate trading account.

Dr Goh faces a further eight counts of Section 197(1)(b) of the SFA for allegedly placing orders and executing trades in NSG securities through his personal trading account for a purpose of pushing up the price of NSG securities on eight trading days between 31 August 2018 and 4 December 2018.

The charges above arose from a joint investigation carried out by the Commercial Affairs Department of the Singapore Police Force and the Monetary Authority of Singapore which started in September 2020.

If convicted of an offence under Section 197 of the SFA, offenders may be liable to an imprisonment term not exceeding seven years, or a fine not exceeding $250,000, or both.

Inter-Pacific Petroleum

Dr Goh, who was the ex-Director of former Singapore bunker supplier and bunker craft operator Inter-Pacific Petroleum (IPP), in April 2023 faced a USD 156 million civil trial initiated by IPP liquidator Deloitte & Touche over alleged breach of his director’s duties for IPP.

The Singapore branch of Maybank and Societe Generale (SocGen), both IPP’s largest creditors, are respectively looking to recover from exposure of an estimated USD 88.3 million and USD 81.3 million.

Reportedly, Dr Goh has said it was not the responsibility of the director to authenticate documents from management and he disputes against the banks’ own due diligence and credit risk assessments.

International Energy Group 

NSG in late March 2019 announced subsidiary New Silkroutes Capital signing a share sale and purchase agreement with Hong Kong-based TK Energy Limited for the disposal of the entire shareholding interests in International Energy Group Pte. Ltd. (IEG) for US $10 million in cash.

Singapore-headquartered IEG, which trades mainly gas oil and fuel oil, sells its products to international counterparties including oil majors and national oil companies.

In January 2021, stakeholders of IEG decided the firm can no longer continue business due to its liabilities and proceeded to summon a creditors’ meeting.

A meeting to distribute intended dividend to IEG creditors was later held in March 2023.

A timeline organised list of events preceding the current development of Inter-Pacific Petroleum has been recorded by Manifold Times below:

Related: Singapore: Civil trial between Inter-Pacific Petroleum and Dr Goh Jin Hian begins
Related: Former Singapore Director of Inter-Pacific Petroleum sued for USD 156 million
Related: Inter-Pacific Petroleum creditors authorised to fund lawsuit against former Director
RelatedNew Silkroutes under investigation over possible breach of Securities and Futures Act
Related: Judicial Managers considering to take former Singapore Director of Inter-Pacific Petroleum to court
Related: Singapore: Inter-Pacific Group receives winding up order from High Court
Related: Singapore: Inter-Pacific Group files for winding up application at High Court
Related: MPA revokes Inter-Pacific Petroleum Pte Ltd bunker supplier licence
Related: Co-heads of Trade and Commodities Finance for Asia-Pacific leave SocGen
Related: Inter-Pacific Group, Inter-Pacific Petroleum to hold creditors’ meet
Related: NewOcean detains Singapore-flagged bunker tanker “Pacific Energy 28”
Related: SocGen lawsuit against NewOcean Petroleum dropped, party to counterclaim
Related: MPA revokes Inter-Pacific Petroleum bunker craft operator licence
Related: Magnets on MFMs: Trial starts for former bunker clerk of “Consort Justice
Related: First suspect charged over MFM tampering in landmark case
Related: With nearly $180 million of debt, IPP proposes interim judicial management
Related: Inter-Pacific Group, Inter-Pacific Petroleum under judicial management
Related: Magnets on MFMs: “Consort Justice” crew pleads ‘not guilty’ to tampering charge
Related: IPP responds to temporary suspension of bunker craft operator licence
Related: MPA temporarily suspends IPP bunker craft operator licence
Related: Singapore: Bunker Cargo officer, crew face charges over alleged MFM tampering

A timeline organised list of events preceding events of International Energy Group is as follows:

Related: New Silkroutes under investigation over possible breach of Securities and Futures Act
Related: Singapore: Gas oil, fuel oil trading firm IEG disposed for $10 million
Related: Singapore: International Energy Group to be wound up; calls for creditors meeting
Related: Singapore: Liquidator issues notice of intended dividend to IEG creditors

Photo credit: Manifold Times
Published: 21 September, 2023

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Winding up

Singapore: AGM and creditors meeting scheduled for An Hui Shipping, Nan Yi Maritime

Purpose of the AGMs is for stakeholders to receive an update on the liquidation, and for creditors to receive an account of the liquidators’ acts and dealings.

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RESIZED BENJAMIN CHILD

An annual general meeting (AGM) and creditors meeting has been scheduled for An Hui Shipping Pte Ltd and Nan Yi Maritime (Pte) Ltd, said their liquidator on a Tuesday (19 September) Government Gazette post.

The event will be held on 3 October; timing as follows:

  • AGM of An Hui Shipping (10:00am)
  • AGM for creditors of An Hui Shipping (11:00am)
  • AGM of Nan Yi Maritime (2:00pm)
  • AGM for creditors of Nan Yi Maritime (3:00pm)

The purpose of the AGMs is for stakeholders to receive an update on the liquidation, and for creditors to receive an account of the liquidators’ acts and dealings, and of the conduct of the winding up.

Details of the liquidator for both An Hui Shipping and Nan Yi Maritime are as follows:

Ho May Kee
Liquidator c/o 8 Marina View
#40-04/05 Asia Square Tower 1 Singapore 018960

Photo credit: Benjamin Child
Published: 21 September 2023

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South African Revenue Service issues media statement on detention of bunkering vessels

Detentions of bunker barges done in the normal course of investigating whether provisions of the Customs and Excise Act have been contravened, says SARS.

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The South African Revenue Service (SARS) on Wednesday (20 September) issued a media statement concerning the detention of five vessels involved in the fuel bunkering supply chain:

From 2016 SARS has been engaging with the fuel industry to encourage compliance with the legislation concerning the importation, the trading in and other operational activities of vessels engaged in the supply of fuel.

Alongside these engagements, SARS has also been conducting investigations around compliance in fuel bunkering, and the detention of the vessels mentioned in the media article is part of this on-going investigation.

SARS confirms that several vessels were detained in terms of the Customs and Excise Act, 91 of 1964. This was done in the normal course of investigating whether the provisions of the Act have been contravened. SARS is of the view that the detention is lawful and, as the investigation is ongoing, no decision to seize such vessels has been taken.

SARS Commissioner Mr Edward Kieswetter said “SARS is obliged to administer the law fairly, without fear, favour or prejudice and to conduct investigations in a responsible manner in accordance with a fair procedure. SARS has no interest in jeopardising economic growth nor of contributing to the problem of unemployment, poverty and inequality.”

The Commissioner implored taxpayers and traders to comply with their tax and Customs obligations. He emphasised that SARS will not hesitate to act firmly and robustly to ensure that non-compliance is hard and costly for those that wilfully and intentionally ignore their obligations. The clarion call to all taxpayers and traders is: “comply or face the consequences”.

Related: ENGINE: Algoa Bay bunkering at a standstill as authority detains barges – sources

Photo credit: steve pb from Pixabay
Published: 21 September, 2023

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