Recent ICAC Cases

25
Sep 2023
Duo charged as ICAC probe reveals construction machines rental fraud amount to $7.3m

A former supervisor and a former engineer of a construction company were charged by the ICAC last Friday (September 22) after a corruption investigation revealed that the duo allegedly defrauded the construction company of machinery rental payments amount to $7.3 million by submitting false invoices with inflated amount.

Mo Po-tai, 59, former supervisor of Right Lead Construction Co Ltd (Right Lead), faces two counts of fraud, contrary to section 16A of the Theft Ordinance. Mo and So Kwun-piu, 37, former engineer of Right Lead, further jointly face one count of conspiracy to defraud, contrary to Common Law.

The duo were released on ICAC bail to appear at the Eastern Magistrates’ Courts tomorrow (September 26) for transferring the case to the District Court.

At the material time, Mo was a supervisor of Right Lead responsible for overseeing its works at various construction sites. He also operated Sunny Wealth Engineering Ltd (Sunny Wealth) which engaged in machinery rental business. So was an engineer of Right Lead tasked to monitor the progress of subcontractors of Right Lead at site.

In June 2019, Right Lead was awarded the construction works for the ventilation adit of a carriageway and Mo was responsible for supervising the works, which would use cranes and involve drilling. Mo suggested Right Lead to hire cranes and source drilling subcontractors in the name of Sunny Wealth as it was better known in the field. Right Lead agreed to Mo’s suggestion and instructed him to source the relevant suppliers.

Mo subsequently engaged a crane subcontractor and two drill works subcontractors for the works. He was required to submit to Right Lead the original invoices issued by the subcontractors to show the actual amounts involved.

It is alleged that between March 2020 and May 2021, Mo falsely represented to Right Lead 24 invoices and a quotation worth about $5.2 million purportedly issued to Sunny Wealth by two of the contractors, and with intent to defraud, induced Right Lead to settle payments with Sunny Wealth.

Mo and So also allegedly conspired together between February and March 2020 to defraud Right Lead by submitting two invoices purportedly issued to Sunny Wealth by the remaining contractor totalling over $2.1 million, causing Right Lead to settle payments.

The ICAC investigation arose from a corruption complaint. Enquiries revealed that the invoices and quotation concerned were false and they were not issued by the three contractors. The total invoice and quotation sum was inflated by over $3.1 million.

Right Lead and the three contractors concerned has rendered full assistance to the ICAC during its investigation into the case.

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