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Ben Smith not willing to fight the case: Lawyer

 

FOLLOWING the Central Investigation Bureau (CIB) issuing arrest warrants for Mr. Ben Smith, aka Benjamin Mauerberger, and his wife Ms. Katriya Beaver on charges of transnational investment fraud, his lawyer said today (March 3) that his client is not prepared to fight the case because of lack of trust in the judicial system with the swift handling of the case pointing to political motives, PPTVHD36 said.

Mr. Witthayoon Kengngan, Ben Smith’s lawyer, said allegations made by CIB in issuing the arrest warrants claiming he is a money launderer and scammer were fabricated and intended to be used as a political tool to attack de facto Pheu Thai boss/inmate Thaksin Shinawatra and de facto Klatham boss Thammanat Prompao.

The charges stem from a dispute between Ben Smith and a company in Laos with this showing that he is just a businessman or broker not a scammer as stated by Caretake Prime Minister Anutin Charnvirakul, Witthayoon said, adding accusation by People’s MP Rangsiman Rome at Parliament accusing his client of being a scamming kingpin do not hold up as this case is not about scamming Thai people or committing illegal acts.

Witthayoon also told Rangsiman who yesterday praised CIB’s action in a Facebook post and called for an Interpol Red Notice to be issued for him that under the arrest warrant issued Ben Smith merely faces a civil case concerning possible breach of contract in the sale of company shares. 

“Rangsiman Rome’s post seems like an attempt to deflect the defamation lawsuit he’s facing from Mr. Ben Smith,” he said.

“As a lawyer, I can’t help but wonder if there’s a political motive. Yesterday’s case involved a complaint alleging damages of 991 million baht, yet Mr. Ben Smith’s assets worth over 10 billion baht have been seized. If they wanted to find him guilty, they should have seized only the 991 million baht and returned the over 10 billion baht; then everything would be over. 

“The proportion of assets seized in this case is disproportionate; over 10 billion baht was seized, but the underlying case submitted to the Anti-Money Laundering Office (AMLO) is 991 million baht, and it’s mostly a civil dispute,” Witthayoon said.

He added that the worrying aspect of this case is the attempt to distort the facts, transforming a normal share purchase into a criminal case. 

While details cannot be divulged, the case filed by the Lao company with CIB has three main irregularities: Firstly the name of the company filing the complaint has not yet been revealed. Secondly the case details show that a police report was filed in 2024. Initially, the power of attorney document from Laos lacked certified signatures. Then, on Feb. 9, a police officer from CIB contacted the victim in Laos, instructing the party to file a new police report and provide another power of attorney document. This was done on Feb. 9, but the case number was dropped on Feb.12, and an arrest warrant was issued on February 26, he said.

“The surprisingly rapid pace of the case is quite alarming. I would like to see this process move more quickly and with the same standards for all cases,” he added.

Witthayoon also raised another suspicious point and that is the victim said he was defrauded in 2022 yet a police report was filed in 2024, with the standard timeframe for filing a complaint in a criminal fraud case being only three months from the date of discovery. While the statute of limitations expired over a year ago, CIB still accepted the report.

CAPTION:

Mr. Ben Smith and his lawyer Mr. Witthayoon Kengngan, above and Front Page, and his lawyer with his assistant, inserted. Photos  – PPTVHD36


Earlier report: 

 Arrest warrants out for Ben Smith and wife on fraud charges


 

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