Crime and no punishment in Thai real estate
Promoting and actively selling real estate that has not been built on land that is not even owned, is fraudulent. When the fraud is perpetrated using the name of a highly respected international organisation that seems to be disinterested in the fact, it evokes surrealism. But there is such a case involving hundreds of millions of baht.
In Thailand it seems there is no Common Law, only Statute Law. In other words, precedence has no role in offering broad guidance in legal procedure, as in other countries. Only that which is documented in any specific case is the subject for consideration of that case.
While it is perfectly clear that other parties are involved in the alleged violation of the law, the only party facing prosecution is the name on the documentation. Others who have clearly benefited from the funds enjoy their full liberty. But strangely there is no investigation into the movement of the funds either. And this while very expensive cars are blatantly cruising the streets and associated properties are being completed without challenge.
The lack of broadly based Common Law would seem to restrict the application of realistic common sense to investigate beyond documented wording and the rigid guidance of a statute.
Even when the fraud is proven, the guilty party is free from prosecution provided the monies are returned in full to the plaintiff: the crime therefore goes unpunished.
Once a case is accepted by the court, a summons is issued to the defendant. Failure to comply results in an arrest warrant. A few thousand baht in the hand of the arresting officer aborts the arrest, and so it goes on, and has done for three years in this particular case.
JC Wilcox
