Originally Posted by
Horatio Hornblower
Here's more info on Ian rance.
Thai Justice system offers no protection to foreign investors or expat families.
British businessman, Ian Rance (57), from Hertfordshire, moved to Phuket, Thailand in 2001. In 2008-9 Suda, his Thai wife of 7 years, conspired with mafia style money lenders in Phuket, forging his signature to gain control of his two businesses, family home, a lakeside property, restaurant and vehicles worth around £2 million.
Threatened
In the Summer of 2010, the scam was uncovered by accident by Mr Rance’s lawyer resulting in Suda fleeing leaving Mr Rance caring for their three children then aged 2, 6 & 7. Not long after came the threats that the children would be kidnapped and of violence if the family home was not immediately vacated.Family-Destroyed
Exiled from Phuket and now homeless, Ian sought refuge in Central Thailand to avoid the mafia reprisals likely from the several court cases against those responsible for the fraud and conspiracy.
Systemic Corruption
So was the beginning of a five year nightmare through the Thai legal system, riddled with corruption and infested with racist, cheating lawyers, a money laundering bank and culminating in a series of judgements which defy understanding.
Suda was committed to prison for three years in 2011 for forging company documents and another 18 months in 2014 for the fraudulent power of attorney used to cancel the lease held on the family home. The court however acquitted her, along with the money lender and his agent of theft of the company assets despite the earlier conviction for fraud. Suda was also found to have every right to sell the family home as owner despite the fraudulent lease cancellation.
The two civil cases brought to protect and recover the assets of Mr Rance’s two companies were recently dismissed on grounds of public order. Apparently under Thai law the judge decided that the fraudulent act of removing Mr Rance as Director and Shareholder of the Companies meant he was thereby dis-empowered to sue on behalf of the companies. In the same judgement the court awarded the Directorship and shareholding be restored to Mr Rance because of the fraud.
One might think that there is a basic principle of justice that no benefit can be gained in law from an illegal act. That does not seem to be so in Thailand.
Mai-Khao-001-GonetMoney Laundering
This must be of interest to foreign investors considering Thailand as a base for business since losing control of the businesses was so quick and easy and even if uncovered quickly, the Director is powerless to protect the assets from sale. Once the assets are converted to money it is impossible to recover.
It is also interesting to note that the court did accept an application to protect the assets of one company. The process took several months. During the adjournment between hearings the money lender took a mortgage with the a major Thai Bank which has now seized the property and the money lender has stopped paying the interest which accrues. So much for the court protection!
This is the normal method employed by money lenders to convert the stolen asset into money as the true owner is held liable to the bank for the mortgage taken by the conspiring money lender. The same Thai bank, money lender and the seller of the stolen asset were already being sued together by Mr Rance in a separate case for theft involving the asset of his other company.
So even though in current litigation the same branch of the same bank approved the mortgage with practically no checks at all. Now it is defending a mortgage that amount to money laundering.
The civil case taken to recover the family home was also dismissed by Phuket Court despite the conviction for the fraudulent cancellation of the lease.
The court decided that the lease was irrelevant because Mr Rance was living in the house as a family with Suda and their three children and therefore had decided to buy the house for family living and not for profit.
The fraudulent cancellation of the lease by meant nothing.
Legal Trickery
This-is-Home-FraudIn an even more bizarre twist, one of the money lenders sued Mr Rance back on grounds of perjury, saying he knew all along about the fraud. There is of course no evidence but the money lenders lawyer made certain the case was accepted by making sure papers relating to the case never reached Mr Rance until the day after the court accepted the case by default. The court has now seized the passport, requiring multiple trips to Phuket to comply with the resulting visa requirements. Worse is that Mr Rance is now denied the opportunity to earn to support his family.
Legal cases are extremely expensive and with no income it is extremely hard for justice to be served. No one appears to be interested least of a;; the British Embassy.
Empty Promises
Despite seeking help from the Prime Ministers Office, the Ministry for Justice, the Office of Attorney General, the Governor of Phuket, the Royal Thai Navy (whilst in control of Phuket at the beginning of the coup), none was forthcoming.
This is how foreign investors are cheated of their assets and life savings in Thailand. This is how families are destroyed by money lender gangs in Thailand. This is how corruption throughout the Justice system helps criminals get away with the fraud and encourage more.
Mr Rance is now seeking help from the Royal Thai Police, looking to join the investigation just started for Colin Vard, an Irishman subject to a similar fraud and is waiting to see if that materializes.
In the meantime Ty, Ian’s son has set up a Facebook page and hashtag #TySaysNo to get support and expose the corruption against his family. The videos there offer a lot of detail and insight.
see the facebook page of interest.
Sad to see Rance has involved his kids in this.