Recent ICAC Cases

28
Aug 2024
Ex-manager of green wall installation company charged by ICAC guilty of business diversion fraud

A former marketing manager of a green wall installation company, charged by the ICAC for diverting the company’s business to another company to which she was related through fraudulent means, was today (August 28) convicted of two counts of fraud at West Kowloon Magistrates’ Courts.

Lee Man-ling, 38, former marketing manager of Midori Creation International Limited (Midori), was found guilty of two counts of fraud, contrary to section 16A of the Theft Ordinance.

The defendant was granted bail by Magistrate Mr Pang Leung-ting, and the case was adjourned to September 20 for sentence, pending a community service order report.

The court heard that at the material time, the defendant was responsible for sourcing business for Midori, which specialised in green wall installation and maintenance services. She tendered her resignation in early October 2018 and left the company in early November the same year.

In July 2018, the defendant provided a quotation of green wall installation to a client of Midori upon the latter’s request. In late October of the same year, the defendant falsely represented to the client that the company was going to rename to Plant Plant Holding Company Limited (Plant Plant) to cope with the business development. The defendant later submitted two quotations to that client under the name of Plant Plant, facilitating Plant Plant to obtain the service contract.

In addition, during the business discussion process with another Midori’s client in October 2018, the defendant misled the client into engaging Plant Plant to provide the relevant service.

The ICAC investigation arose from a corruption complaint about the relevant service contracts. Inquiries revealed that Midori had never changed its name, and Plant Plant and Midori were two unrelated companies. It was also revealed that the defendant would join Plant Plant as marketing manager after leaving Midori. As the two aforementioned clients was misled by the defendant’s representation, they engaged Plant Plant to provide services and paid the company over $110,000 and about $50,000 respectively. Had the clients known that Midori and Plant Plant were unrelated, they would not have accepted Plant Plant’s quotations or engaged the company to provide services.

Midori had rendered full assistance to the ICAC during its investigation into the case.

The prosecution was today represented by prosecuting counsel Annie Lai, assisted by ICAC officer Cody Chung.

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