Recent ICAC Cases


29
Aug 2023
Ex-district manager of insurer and downline trio charged by ICAC over $750,000 commissions fraudA former district manager of an insurer and three downline agents of different tiers were today (August 29) charged by the ICAC for allegedly conspiring together to defraud the insurer of commissions, overriding commissions and bonuses totalling over $750,000 by making false representations that the lowest tier agent had handled various insurance policy applications. The illegal activities were revealed in the course of a corruption investigation.Hui Ngai-hing, 59, former district manager of FTLife Insurance Company Limited (FTLife); Monica Wong Fung-yee, 64, and Yee Sheung-wai, 38, both former agency managers of FTLife; and Chau Ching-man, 31, former insurance agent of FTLife; jointly face one count of conspiracy to defraud, contrary to the Common Law.The four defendants were released on ICAC bail to appear at the Eastern Magistrates’ Courts on Thursday (August 31) for mention, pending the prosecution’s application for transferring the case to the District Court.At the material time, Hui was a district manager of insurer FTLife. Wong, Yee and Chau were her downline agents working in different tiers in descending order. When an insurance product was successfully sold by Chau, she and her upline managers, including Yee, Wong and Hui, would respectively receive commission and overriding commissions. They would also be entitled to bonuses when sales targets were achieved.It is alleged that between July and September 2020, the four defendants conspired together to defraud FTLife by dishonestly falsely representing that 32 insurance policy applications in which Chau was named as the handling agent were genuinely made by the relevant policyholders, causing FTLife to approve the applications and release wage payments, commissions and bonuses.The ICAC investigation arose from a corruption complaint. Investigation revealed that Chau was not in Hong Kong when the insurance policies were taken out. In addition, most of the policyholders had no knowledge of the insurance policies and they did not take them out. Those insurance policies eventually lapsed due to default payment of premiums.Had FTLife known that Chau was not the actual handling agent of the 32 applications or the applications contained false information, it would not have approved them and released the commissions, overriding commissions and bonuses totalling over $750,000 to the defendants.FTLife has rendered full assistance to the ICAC during its investigation into the case.The ICAC will continue to collaborate with the industry in providing integrity training to practitioners of the insurance industry and tips on managing staff integrity for managerial staff. For more information, please visit the Ethics Promotion Website for the Insurance Industry produced by the Hong Kong Business Ethics Development Centre.
22
Aug 2023
Ex-insurance agent jailed for $750,000 commission fraud revealed in ICAC graft probeA former insurance agent, charged by the ICAC, was today (August 22) sentenced to 30 weeks’ imprisonment at the Kowloon City Magistrates’ Courts for defrauding an insurer of commissions totalling about $750,000 by making false representations in five insurance policy applications about the occupations and monthly incomes of the applicants or the relevant handling agent. The illegal activities were revealed in the course of a corruption investigation.Chow Tsz-sin, former known as Zhou Chuqian, 30, former insurance agent of Sun Life Hong Kong Limited (Sun Life), was earlier found guilty of four counts of agent using document with intent to deceive her principal, contrary to section 9(3) of the Prevention of Bribery Ordinance, and one count of fraud, contrary to section 16A of the Theft Ordinance.In sentencing, Magistrate Mr Kestrel Lam Tsz-hong remarked that the defendant’s behaviour obviously constituted a breach of trust and it was the only option for the court to mete out a custodial sentence to the defendant.Upon the defendant’s application, the magistrate granted her bail pending her appeal.The court heard that Sun Life provided different insurance products to its clients. When processing an application for taking out an insurance policy, Sun Life would consider the client’s occupation and income, etc. At the material time, the defendant was an insurance agent of Sun Life. When an insurance product was sold, the defendant and her up-line manager would be entitled to a commission and an overriding commission respectively.The court heard that between August 2016 and July 2018, the defendant, with intent to mislead Sun Life, made false representations in four insurance policy applications about the occupations and monthly incomes of the applicants. She also falsely represented that she was the handling agent of another insurance policy.Believing the information stated on the application forms of the five insurance policies was genuine, Sun Life approved those insurance policy applications and paid commissions totalling about $750,000 to the defendant and her up-line manager.The ICAC investigation arose from a corruption complaint. Investigation revealed that the defendant had paid part of the premiums for the policies. The insurance policies concerned eventually lapsed after subsequent premiums were not paid.Sun Life had rendered full assistance to the ICAC during its investigation into the case.The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau, assisted by ICAC officers William Leung and Gary Lam.
18
Aug 2023
Three former bank staff charged by ICAC jailed for bribery for divulging customer dataThree former employees of a bank, charged by the ICAC, were today (August 18) sentenced to jail terms ranging from 10 to 45 months for bribery and dishonest access to computer for conspiring together to accept bribes of over $200,000 so as to divulge confidential information of over 680 customers in the bank computer system to others for touting personal loan business.Yip Fai, 43, former treasures relationship manager of DBS Bank (Hong Kong) Limited (DBS Bank), was sentenced to 45 months’ imprisonment. Wong Hiu-yan, 38, and Shek Yin-yui, 35, both former direct sales representatives of DBS Bank; were jailed for 10 months and 13 months respectively.The sentencing of co-defendant Charlie Cha Cheuk-wang, formerly known as Cha Yu and Cha Lik, 34, former direct sales manager of DBS Bank, was adjourned to September 11, pending his community service order report.In sentencing, Deputy District Judge Mr Daniel Tang Siu-hung reprimanded the four defendants for committing the offences premeditatedly in an organised manner. The offences constituted a breach of trust, undermined the reputation of the bank and eventually affected the public’s confidence in the banking system.Yip was earlier found guilty of 37 charges – seven of conspiracy for agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance and section 159A of the Crimes Ordinance; and 30 of access computer with criminal or dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance. Wong, Shek and Cha were all convicted after trial for five of the bribery charges.The offences took place between November 2015 and December 2016. At the material time, Yip was a treasures relationship manager of DBS Bank posted to the North Point Branch. He was responsible for handling customers who held assets over $1 million in the bank. Cha was a direct sales manager of DBS Bank’s unsecured lending department. A team of direct sales representatives was under his supervision to promote personal loan business.DBS Bank maintained a computer system storing customers’ confidential information. Yip was granted access to the system while staff members promoting personal loan business did not have access right to it.The court heard that Yip individually made an agreement with five staff members promoting personal loan business, including the three co-defendants, for Yip to provide confidential customer information obtained from the bank computer system for four of them, including Wong and Shek, to tout personal loan business. Should the four persons successfully procure any loan for a customer, they were required to pay a certain percentage of the net loan amount to Yip as rewards.Yip also instructed Shek to divulge the information obtained by him from the bank computer system to two other persons for touting personal loan business. The duo were a financial intermediary and an employee of another bank. They were required to pay a certain percentage of the net loan amount to Shek and Yip for successfully procuring any loan.ICAC enquiries revealed that at the material time, Yip obtained confidential information of over 680 customers from the bank computer system and divulged the information to others for touting personal loan business. As a result, Yip and Shek accepted illegal commissions totalling over $200,000.DBS Bank did not allow its staff members to accept an advantage in relation to its affairs or business, or to communicate its confidential customer information to any unauthorised party for the purpose of promoting loans.DBS Bank had rendered full assistance to the ICAC during its investigation into the two cases.The prosecution was today represented by Acting Senior Public Prosecutor Douglas Lau and prosecuting counsel Scottie Yan, assisted by ICAC officer Emily Cheung.An ICAC spokesperson noted that the ICAC attaches great importance to the integrity standard of the banking industry. Bank staff are reminded to uphold a high standard of integrity and abide by the laws. To promote probity culture in the banking sector, an Ethics Promotion Programme for the Banking Industry was launched to help managerial and other ranks of bank staff understand common corruption loopholes. In addition, the ICAC had earlier organised a two-day Professional Anti-Corruption Training in Banking Management and launched the “Corruption Prevention Guide for Banks” to assist banks in managing corruption risks in core operations.
09
Feb 2023
Security supervisor jailed for soliciting bribes from subordinateA security supervisor, charged by the ICAC, was today (February 7) sentenced to five months’ imprisonment at the Shatin Magistrates’ Courts for soliciting bribes of over $10,000 from a subordinate security guard for assisting the latter to get promoted to assistant security supervisor.Luk Pui-suet, 54, supervisor of Hong Kong Guards Limited (HKGL), was earlier found guilty of two counts of agent soliciting an advantage, contrary to Section 9(1)(a) of the Prevention of Bribery Ordinance (POBO).In sentencing, Magistrate Mr Pang Leung-ting reprimanded Luk for showing no remorse. The offences involved were serious in nature since Luk solicited advantages from a subordinate in her capacity as a direct supervisor so as to exert influence over the subordinate’s promotion. The magistrate took a starting point of six months’ imprisonment and reduced Luk’s jail term by one month after taking into account various mitigating factors.The court heard that at the material time, Luk was an assistant supervisor of HKGL posted to Shui Chuen O Estate, a public housing estate in Shatin. She was one of the three assistant supervisors of the estate responsible for assisting to manage about 40 security guards.In November 2020, one of the security guards Tang Kam-ngau asked Luk about his chance of promotion. Tang believed that Luk would succeed the then supervisor after the latter’s retirement in mid-December 2020, leading to an assistant supervisor vacant post.Afterwards, Luk told Tang on two occasions that she would assume the post of supervisor and solicited two bribes, one of $5,000 to $8,000 and another of at least $5,000, from Tang for assisting him to get promoted to assistant supervisor.Tang gave Luk a red packet containing $2,000 cash, but Luk did not accept the red packet as the amount did not meet $5,000.HKGL prohibited its staff members from soliciting and accepting advantages in relation to their official duties. HKGL had rendered full assistance to the ICAC during its investigation into the case.Tang Kam-ngau, the security guard concerned, was earlier charged by the ICAC with bribery in a separate case. He pleaded guilty to three counts of offering an advantage to an agent and sentencing was adjourned to this Friday (February 10).The prosecution was today represented by Senior Public Prosecutor Rosa Lo, assisted by ICAC officer Jeff Ng.
08
Aug 2022
Two ex-insurance agents charged by ICAC sentenced for $700,000 commission and compensation fraudTwo former insurance agents, charged by the ICAC, were respectively sentenced to 18 months’ jail and 160 hours of community service at the District Court today (August 5) for deceiving an insurer into releasing commissions and compensation totalling about $700,000 by making false representations on the occupations and incomes of nine insurance policy applicants, and falsely representing that they were injured after the insurance policies were successfully taken out.Leung King-kei 36, former insurance agent of AIA International Limited (AIA), was sentenced to 18 months’ imprisonment. He earlier pleaded guilty to five counts of fraud, contrary to Section 16A of the Theft Ordinance; and four counts of conspiracy to defraud, contrary to Common Law.Co-defendant Yu Shing-yin, 36, former insurance agent of AIA, who earlier pleaded guilty to one count of conspiracy to defraud jointly charged with Leung, was today ordered to perform 160 hours of community service.Judge Mr Gary Lam Kar-yan reprimanded the defendants for their breach of trust. In sentencing Leung, the judge said he took a starting point of 30 months’ imprisonment and reduced the jail term to 18 months having considered Leung’s guilty plea and repayment to his former employer. A community service order was imposed on Yu in view of the relatively minor role he played in the scam.The court heard that AIA provided different insurance products to its clients. When processing an application for taking out an insurance policy, AIA would consider the client’s occupation, annual income and medical history, etc.The offences took place between July 2016 and July 2018. At the material time, Leung was an insurance agent of AIA. After being promoted to unit manager in December 2017, he was entitled to receive overriding commissions. Yu was Leung’s down-line insurance agent.The court heard that Leung had alone or conspired together with Yu, another down-line insurance agent and four policyholders to defraud AIA by making false representations on the occupations of the policyholders and monthly incomes of nine policyholders in nine insurance policy applications.AIA approved the nine insurance policy applications and paid commissions totalling about $95,000 to Leung and his down-line insurance agents.ICAC investigation revealed that false representations were made on the policyholders’ injuries in the relevant insurance claims, causing AIA to release insurance compensations totalling about $600,000 to the policyholders.The investigation arose from a corruption complaint filed with the ICAC. Upon completion of the investigation, the ICAC sought legal advice from the Department of Justice, which advised charging Leung and Yu. Some of the above policyholders and down-line insurance agents were earlier charged by the ICAC in separate cases and pleaded guilty to their respective charges. Their cases are adjourned to mid-August for sentence.AIA had rendered full assistance to the ICAC during its investigation.The prosecution was today represented by Public Prosecutor Caddy Mo, assisted by ICAC officer Keaton Ma.The ICAC will continue to join hands with the industry to promote integrity and anti-corruption messages to insurers and insurance practitioners. In collaboration with the industry, the Commission had produced a guidebook which assisted insurers to strengthen their corruption prevention capabilities in key operational areas such as verification of commissions and claims.ICAC’s dedicated webpage tailor-made for the insurance industry“Corruption Prevention Guide for Insurance Companies”

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