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Amlo Scandal: Thaksingate?

Even before the dust had a chance to settle after the Defense Energy Department’s suspension of Nation Multimedia Group’s news programs on its 9o.5 MHZ radio station, Thaksin’s government has launched another strike on media, the “fishy” order of Anti-Money Laundering Office (AMLO) to 17 commercial banks to disclose the assets of prominent journalists and publishers as well as their family’ members.

While the findings of a panel set up by the government concluded the Amlo order was wrongfully issued, without solid grounds to justify the investigation and that officials involved would face disciplinary actions, it fails to clear one big question regarding who masterminded the order.

Prime Minister Thaksin Shinawatra who by law supervises this quasi-independent body has distanced himself from the order. He said only sane man can do that and such investigation could only be initiated only if there were sufficient grounds. Nevertheless, at the height of his administration’s heavy-handed approaches to silence critics among the media, Thaksin failed to dispel doubts over why those who were being investigated by Amlo appeared to include strong critics of himself and his administration.

Click here to find news clips complied from Bangkok Post and The Nation that followed the events surrounding the Amlo’s unlawful investigation since it was leaked to the public on March 6, 2002

AmloScandal:
March 7, 2002

Furore over probe into bank accounts of media members
Nation Group editor slams `Thaksingate'

Source: Bangkok Post

The government yesterday ordered a probe into whether the Anti-Money Laundering Office (Amlo) had arbitrarily launched an investigation into the assets of media figures and their families.

The order followed revelations that Pol Col Seehanart Prayoonrat, director of Amlo's evaluation centre, had issued a letter to executives of 17 banks asking them to provide information on the finances of 34 juristic entities, opposition politicians and journalists.

Nation Multimedia Group Plc, Nation Multimedia Publishing Group and NMG News Co, which is also under the Nation umbrella, were among the organisations investigated by Amlo, as well as Thai General Group and Kilen Printing, which are affiliated with the Thai Post newspaper.

Fourteen individuals also were mostly prominent journalists of the Nation Multimedia Group such as Suthichai Yoon, Thepchai Yong and Sophon Onk-gara, Roj Ngammaen of Thai Post, and their wives and children.

Initially, the government and concerned officials dismissed the letter as a fake.

Prime Minister Thaksin Shinawatra, when asked about the matter, denied knowing anything.

He said the Amlo had no power to do this. The agency could act in this manner only after having sufficient information to believe assets of those firms and individuals had been acquired illegally through seven types of wrongdoing.

The seven types under article 40 of the Anti-Money Laundering Act are related to trade in narcotics; sexual offences under the Penal Code such as procuring and seducing women and children for prostitution; public fraud; violence against property or dishonest conduct under the law on commercial banking; corruption; extortion and blackmailing involving secret societies or criminal associations, and smuggling of contraband.

---------------------------------

Banks told to open books

Source: Bangkok Post

The Anti-Money Laundering Office has sent a letter to the managing directors of 17 banks, asking them to provide financial information on five juristic entities and 14 individuals.

The letter, dated Feb 25 and citing article 40 of the Anti-Money Laundering Act of 1999, asked the banks to co-operate by gathering the information in secret and sending it in the form of Microsoft Office Excel spreadsheet by email to info@amlo.go.th.

The banks were required to provide information on transactions and balances in the bank statements from 2001 to the present.

Transactions on other assets such as mortgages and leases of safe deposit boxes were also required.

The letter was signed by Pol Col Seehanart Prayoonrat, director of Amlo's centre of information technology and evaluation.

Mr Thaksin said the Amlo could not take any action at will, but had to act on solid information.

Pol Col Seehanart, the man who allegedly signed the order, declined to comment, saying his boss has forbidden him.

Asked if the allegation was true, he said he couldn't say anything at this time, only that he signed thousands of such orders and could not remember having signed any against the well-known journalists.

Gen Thammarak Issarangkul na Ayuthaya, the PM's Office minister overseeing Amlo, strongly denied the agency had issued an order for such action.

``I've asked the Amlo secretary about this and he has denied his office had issued such a letter,'' said Gen Thammarak, referring to Pol Col Peeraphan Premputi.

When contacted, Pol Col Peeraphan denied any knowledge of such a letter.

Gen Thammarak cast doubt over its authenticity, noting the document might have been forged. He said a panel would be set up to investigate whether Amlo was directly responsible for issuing the order.

The former armed forces intelligence chief said that as minister directly in charge of the office, he had to be consulted first since ``this is quite a serious matter''.

``I wasn't aware of this. No-one consulted me over the matter,'' Gen Thammarak said.

But several bankers confirmed that the Amlo had in fact submitted various lists of names over the past several months for ``special monitoring'' of their bank accounts.

``These letters, classified as secret, went directly to the president of each local bank. The Amlo did not specify the reason for the inquiry, only that there was cause for suspicion of questionable activities based on other information,'' one top banker said.``The Amlo did not ask for specific reports to be sent on each person's banking transactions, only that each institution monitor activity of their accounts,'' said the banker.

Another senior banker confirmed the latest lists contained the names of several leading journalists, which was in contrast to previous requests that had focused mostly on opposition politicians. Altogether there were 34 names on the lists.

``In practice, a request from the Amlo means we have to collate all the transaction records of a given individual for submission if requested,'' he said.

Suthichai Yoon, editor of Nation Multimedia Group, said if Amlo had really acted this way, Prime Minister Thaksin would have to be held responsible since the agency came directly under the PM's Office.

Mr Suthichai said he did not think the work of the mass media would be in the proximity of the seven types of wrongdoing used by the Amlo to take action against suspected money launderers.

``This reminds me of Watergate. But we will have to call this one Thaksin-gate,'' Mr Suthichai said.

Varin Pulsirivong, chairman and managing director of the Naew Na newspaper, who was also on the list of people subject to having their assets examined, said he yesterday sent a letter to Pol Col Seeha-nart, director of Amlo's centre of information technology and evaluation, seeking an explanation.

Mr Varin said if Amlo had really acted in this manner it would be tantamount to a severe violation of individual rights since he was only an ordinary businessman who should not have been suspected of committing any of the specified wrongful acts.

Roj Ngnammaen, a wellknown columnist under the pen name Plaew Si-ngern and shareholder of Thai Post, said he was not aware he had been suspected of involvement in any illegal activities that warranted Amlo's action.

``If the action was taken on an order from the prime minister, then Mr Thaksin would be digging his own grave.'' he said.

``In hitting the media, the government would be hitting its own shadow. It would be absurd if the government blamed its shadow for not dancing as well as it should.''

Gothom Arya, a former election commissioner and a veteran human rights advocate, said the government might be trying to emulate Malaysia's method of dealing with the media.

``The guiding motto of either government seems to be `You've got power, use power; you've got the law, use the law','' said Mr Gothom, now the registrar at the Asian Institute of Technology.

He urged the media to invoke the constitutional right of freedom of expression.

``Make use of the law. Take your case to the Administrative Court or the Constitutional Court. Put your case forward to the ombudsman or the National Human Rights Commission.''

March 8, 2002

House asked to take up fight
Inquiry sought as court appeal lodged

Source: Bangkok Post

Media professionals are going to ask the parliament president and the senate speaker to investigate the conduct of the government over alleged media intimidation, which could lead to an impeachment process against Prime Minister Thaksin Shinawatra.

An open letter signed by hundreds working in print and electronic media would be submitted on Monday to Parliament President Uthai Pimchaichon and Senate Speaker Maj-Gen Manoonkrit Roopkachorn.

The letter charges the government with gross infringement of press freedom and acting in violation of the constitution during a series of recent moves against the media, the latest being the termination of a radio programme broadcast by Nation Multimedia Group, and investigations into the assets of a number of top media figures and their families.

The government had intensified its hostility towards the media despite several warnings from academics and press associations, the letter claims.

The Senate possesses the authority to dismiss holders of any political office found guilty of power abuses that violate the constitution.

The government's war with the local press erupted on March 4, when the Defence Energy Department abruptly banned radio broadcasts on the Nation Multimedia Group's FM 90.5 MHz frequency.

Subsequent revelations that the Anti-Money Laundering Office (Amlo) had ordered 17 banks to examine the financial backgrounds of prominent media figures critical of the government _ including Nation Group editor-in-chief Suthichai Yoon, Thai Post adviser and columnist Roj Ngammaen, and Naew Na managing-director Warin Poonsiriwong _ sparked uproar.

Mr Suthichai, Nation Group editor Thepchai Yong and senior editor Sopon Onkgara yesterday petitioned the Administrative Court to revoke the Amlo order. Their suit named as defendants Prime Minister Thaksin Shinawatra, in his capacity as Amlo chairman, Amlo secretary-general Peerapan Premmabhuti and information centre director Sihanart Prayoonrat.

According to Mr Thepchai, the National Human Rights Commission had recommended the suit after agreeing Amlo had openly infringed on personal rights and freedom.

According to Mr Suthichai, ``The government is using state mechanisms to harass those who think differently.''

As Amlo chairman, the prime minister could not deny responsibility, he added.

``This is the first time in 10 years that we have a civilian government that preaches democracy, but it is in fact an authoritarian entity using state power to eliminate its political enemies,'' Mr Suthichai said.

Ten groups representing the media industry will hold a public forum tomorrow at Thammasat University to be attended by senators, rights activists, lawyers, representatives of non-governmental organisations, journalists, pollsters and academics.

March 9, 2002

Activists look at legal action
Office could be sued for exceeding remit

Source: Bangkok Post

Rural activists were considering their course of action yesterday after it was revealed that many members of non-governmental organisations had been targeted for assets probes by the Anti-Money Laundering Office.

Peeraphan Prempooti, Amlo secretary-general, arrives at Government House to report on Amlo inquiries into the wealth of senior media figures. _ APICHIT JINAKUL

The revelation followed similar moves by Amlo this week against prominent media figures.

Varathep Ratanakorn, deputy finance minister overseeing the Bank for Agriculture and Agricultural Co-operatives, confirmed BAAC executives had ordered branch managers nationwide to report to Amlo on the assets of 64 NGO members, comprising 20 Thais and 44 foreign nationals.

Amlo had requested the information in an official letter, he added.

Among those included on the list were Wanida Tantiwithayapitak, Bamrung Khayotha and Chaiyaphan Prapasawat from the Assembly of the Poor; Banjong Nasae, an opponent of the Thai-Malaysian gas-pipeline project; Charoen Wat-aksorn, leader of a protest against the Bo Nok power plant project in Prachuap Khiri Khan; Pakphum Witharntirawat, an advocate of the community forest project; farm activist Asok Prasarnsorn; and Prayong Doklamyai, a member of the Northern Network.

Mr Prayong said the leaders of many local groups would join lecturers from the Midnight University lobby group in demanding the government clarify who was behind the move and if the action was lawful. They would also demand Amlo be ordered to publicise its findings.

The protest group was considering whether to sue Amlo in the Administrative Court for power abuse, while seeking further support from NGOs.

According to Mr Prayong, the government was using intimidation as a method to silence its dissenters.

``The government is scheduled to make a final decision on several large projects in April. Some opponents of these projects are among those being investigated by Amlo,'' he said. ``There has been no progress towards solving outstanding disputes and this is simply an attempt by the government to distort information.''

Leading social activist Auychai Watha, chairman of the Assembly of Northeastern Farmers, said he believed the investigations were ordered by close aides of Prime Minister Thaksin Shinawatra without the premier's approval.

``The people around the prime minister planned this, thinking it would please him,'' said Mr Auychai.

Meanwhile, eight Thai Rak Thai executives and MPs _ Suranan Vejjajiva, Watana Sengpairoh, Sansanee Nakpong, Pimook Simaroj, Sqn-Ldr Sitha Divari, Siri Wangboonkerd, Pattarasak Osathanukhroh and Pramon Kunakasem _ issued a statement opposing violations of press freedom, while calling on the media to continue reporting the news in an accurate and balanced fashion.

They urged Mr Thaksin to order a probe if evidence suggested irregularities in the Amlo investigations.

March 10, 2002

PM denies `senseless' orders
Too busy to bother intimidating the press

Source: Bangkok Post

Prime Minister Thaksin Shinawatra says no sane man would tell the Anti-Money Laundering Office to pry into bank accounts of his critics.

``I am not crazy. I did not and would not do something senseless like that,'' Mr Thaksin said.

In his regular Saturday radio address, Mr Thaksin said examining the finances of executives from The Nation, Thai Post and Naew Na newspapers would do him no good, while the damage to the government could be enormous.

The prime minister said he was too busy to bother about intimidating the press. ``I've felt unhappy about that all week. I have no idea how such a thing could happen,'' he said.

Media figures subject to Amlo scrutiny have blamed Mr Thaksin, saying that as Amlo chairman the prime minister could not deny responsibility.

The opposition said Amlo could not act in such a way without getting an order from its political supervisors.

Mr Thaksin, however, denied interfering in its operations, saying Amlo was independent. He said it was wrong for Amlo to look into bank statements unless it had evidence that someone had committed the seven offences under anti-money laundering law which justified financial checks.

The prime minister said the foreign media would certainly see the Amlo scandal as good fodder for stories and that their criticism could affect the investment climate.

He told cabinet secretary-general Visanu Krue-ngam, who chairs a fact-finding panel, to find out who gave the probe order and whether it was genuine.

Mr Thaksin said wrongdoers would be punished whether they were his close aides or Amlo authorities.

Amlo secretary-general Peeraphan Prempooti has denied ordering 17 banks to check the accounts. He also doubted the order was real.

The order allegedly was signed by Amlo information centre director Sihanart Prayoonrat.

Democrat MP Peeraphan Saleeratwipak, as chairman of the House anti-corruption committee, said Amlo officials would not do anything to break the law even if they could defy their political masters.

Mr Peeraphan said Pol Col Sihanart once guaranteed the anti-money laundering law would never be used in a way that infringed on people's rights and freedom. The law allowed investigations only where Amlo had evidence to substantiate money-laundering activities through financial institutions.

Mr Peeraphan said Amlo could not just tell banks it suspected some of their customers had broken the law and ask to see their statements.

``That is unlawful. Pol Col Sihanart has breached the law himself,'' he said.

Mr Peeraphan said findings of the Visanu panel must be revealed publicly.

--------------------------------

Activist urges PM to apologise over probe

Source: Bangkok Post

A leading Assembly of the Poor adviser has demanded Prime Minister Thaksin Shinawatra apologise to the people for violating their privacy.

Chaiyapan Prapasawat is one of 64 people, most of them media professionals and members of NGOs, whose bank accounts were checked at the order of the Anti-Money Laundering Office.

Mr Chaiyapan said he was disappointed with the government, given that he had always considered himself its supporter.

He said Deputy Agriculture Minister Praphat Panyachartrak asked him to help end protests in the provinces on several occasions, adding the minister helped pay his travelling expenses.

``I don't understand why Amlo has targeted me since the money comes from Mr Praphat,'' Mr Chaiyapan said.

The activist was speaking at a Thammasat University forum on press freedom held yesterday by print and broadcast associations.

The signatures of more than 1,000 journalists, NGO workers, senators, former charter writers and academics have already been gathered to back a petition seeking an end to the intimidation of the press through Parliament President Uthai Pimchaichon and Senate Speaker Manoonkrit Roopkachorn.

The petition would be handed to Mr Uthai and Maj-Gen Manoonkrit tomorrow.

Kanin Boonsuwan, a former charter writer, said media groups should ask the ombudsman to check the legality of Amlo's financial scrutiny order.

The forum agreed that Amlo's intrusion of the people's privacy was testament to the prime minister's insincerity towards democratic development.

Reform advocate Prawase Wasi also joined a chorus of criticism against a string of media censorship, which included a ban on certain radio programmes and checks of financial records of some media figures who have been vocal against the government.

In his statement read at the forum, Dr Prawase, a widely-respected scholar, said the government might have to pay a high price for intimidating the media.

He said the government could fall victim to its own action if threats against press freedom did not stop.

The media were not without flaws, he said, but use of power definitely was not the right way to correct them.

Rules should be set for the government and its critics to have equal access to the media and use them in a way fair to both sides, he said.

Dr Prawase said he understood Mr Thaksin became intolerant of criticism because he felt what he was doing was purely for the good of politics, society and the country.

Neither the government nor the people could fight the ``new form of foreign intrusion of Thai sovereignty'' alone and needed to unite, he said.

``At present, external threats are becoming more dangerous than any other time in our history. The superpowers have used economic tools, weapons and communications to subdue other countries.

``We have already lost our economic sovereignty. Next will be political sovereignty and the right of Thai people to chart their own future.

``The foreign media's strong attacks on the government are part of the superpowers' efforts to rule the world,'' Dr Prawase said.

The prime minister could not overcome greater obstacles with ``aggressiveness'', which caused disunity, he said.

Mr Thaksin first needed to command the people's trust and then use them as forces against all difficulties, he said.

March 11, 200

Resignations demanded
Agency slammed as government's puppet

Source: Bangkok Post

The Anti-Money Laundering Office has failed to explain why it ordered inquiries into media figures and NGO officials, say democracy and civic groups.

In a joint statement, 31 democracy and civic organisations demanded that Peeraphan Prempooti, Amlo secretary-general, and Sihanart Prayoonrat, director of the information technology and evaluation centre, resign to show responsibility.

They had failed to justify Amlo's order to 17 banks asking them to report on the assets of media professionals, politicians and NGO leaders.

Suriyasai Katasila, secretary-general for Campaign for Popular Democracy, said the group was concerned Amlo had allowed itself to be manipulated by the government to silence opposition.

``We once considered Amlo an arm of the justice system set up to solve drug and corruption problems.

``Unfortunately, the agency has now become the government's puppet,'' Mr Suriyasai said.

He said Amlo's order to 17 banks to investigate the bank accounts of media members infringed on the people's right to privacy.

Boonthan Tansuthepweerawong, of the Human Rights and Resource Centre, said the government should apologise for violating people's privacy and reveal the names of the 10,000 people Amlo said were having their assets checked.

The group said it would petition the National Counter Corruption Commission to investigate Amlo if the government failed to respond to its demands by Friday, March 15

Amnesty International Thailand yesterday called for an immediate stop to Amlo's inquiries.

The government had suppressed people's right to freedom of expression as guaranteed in the International Convention on Civil and Political Rights which Thailand ratified in 1997, it said.

The government should review its policy to ensure that the freedom of expression was respected and protected.

March 12, 2002

Senate accepts media petition against govt
PM could lose job if found guilty of abuse

Source: Bangkok Post

Prime Minister Thaksin Shinawatra could face senate inquiries into allegations he abused press freedom, for which he is liable to expulsion from office if found guilty.

Senate Speaker Manoonkrit Roopkachorn yesterday accepted from Veera Prateepchaikul, president of the Thai Journalists Association, the media's petition signed by 1,195 reporters, for parliament to decide if the government had breached constitutional provisions guaranteeing freedom of speech, the public's rights to information and individual privacy.

Pradit Charoenthaithawee, a National Human Rights commissioner, pledged to forward the government's alleged threats against the media to the ombudsman and the Administrative Court for investigation.

Dr Pradit also called on Mr Thaksin, Deputy Prime Minister Chavalit Yongchaiyudh and PM's Office Minister Thammarak Issarangkura na Ayuthaya to step down to take responsibility for allegedly ordering the secret probe of assets of media figures and activists of non-governmental organisations.

In presenting the media petition, Mr Veera said: ``We hope the legislative branch, as one of the three sovereign powers, will prove a dependable mechanism of the check-and-balance system at this time when the government is misusing its authority.''

Media professionals felt the need to protect their freedom after the government took a series of actions against its critics, which included the revocation of visas of two Far Eastern Economic Review reporters, a scrutiny of an Abac poll, a ban on an issue of The Economist and an order for the Anti-Money Laundering Office to look into bank accounts of 64 journalists, NGOs members and their families.

Nation Group editor Suthichai Yoon and his son, Prabda, group editor Thepchai Yong and senior editor Sopon Onkgara also handed in their letter calling on the Senate to investigate the government for allegedly breaking the anti-money laundering law and discrediting them. The four are among the people facing Amlo's asset checks.

Mr Suthichai said an inquiry into the Amlo's financial scrutiny by a government-appointed panel chaired by cabinet secretary-general Visanu Krue-ngam was insufficient.

``How can a panel at such a level question the head of the government who is also the Amlo chairman?'' Mr Suthichai said. ``We hope the legislative branch is fearless in making leaders of the executive branch speak.''

Maj-Gen Manoonkrit said he would proceed with urgency. Senate whips will meet today and may resolve to assign the task of investigating Amlo to the committee dealing with independent organisations, and alleged media interference to the panel promoting people's participation in national administration.

Or a special inquiry panel comprising outsiders could also be set up at the media's request, Maj-Gen Manoonkrit said. The whips will seek the Senate's endorsement for their resolutions on Friday.

Maj-Gen Manoonkrit said if the Senate found anyone guilty of power abuse under Article 303 of the constitution, and the National Counter Corruption Commission agreed with its resolution, senators could vote that person out of office.

The senate speaker's eagerness to do his job was in contrast to that of Parliament President and House Speaker Uthai Pimchaichon, who also received the petition yesterday but said he could do nothing because he was powerless.

Mr Uthai, a list MP of the ruling Thai Rak Thai party, said the media should petition directly to concerned House panels such as the House committee on justice and human rights.

``I suggest that you go from bottom-up instead of top-down,'' Mr Uthai told Mr Veera. ``I want you to understand that the parliament president has no power to expel anyone. That is the job of MPs.''

The House is expected to debate a motion on problems between the media and the government on Thursday.

Nation Group's Mr Thepchai, meanwhile, turned down the premier's chief adviser Sanoh Thienthong's offer to help broker peace between the government and the media, saying he preferred to wait until the people who ordered the financial scrutiny were unmasked.

A talk now, Mr Thepchai said, would make the public misunderstand that the row was between his Nation Group and the government only, despite the fact that violations of freedom of expression had already become one of society's problems.

----------------------------------------------------

Agency did order checks on journalists

Source: Bangkok Post

The Anti-Money Laundering Office did order banks to check accounts of a number of journalists and activists, cabinet secretary-general Visanu Krue-ngam admitted yesterday.

The Amlo's action was prompted by tip-offs, probably in the form of telephone calls from neighbours or letters, Mr Visanu said but did not elaborate.

Mr Visanu chairs a government-appointed panel looking into whether Amlo had ordered 17 banks to send to the agency the financial statements of 35 journalists and their family members, as well as how information about such secret inquiries was leaked to the media.

The Visanu panel yesterday began its work by interviewing the Amlo's secretary-general Peeraphan Prempooti and its information centre director Sihanart Prayoonrat.

The panel also studied relevant documents.

Mr Visanu said Amlo authorities told the panel it did not target any particular individual or profession in its checks.

As a fledgling agency, Mr Visanu said, the Amlo was bound to make some mistakes.

While its asset checks were legal, they might not be fair, he added.

Mr Visanu said his panel was trying to find out where the problems lay so as to suggest corrections through Deputy Prime Minister Chavalit Yongchaiyudh, who has been assigned by Prime Minister Thaksin Shinawatra to supervise the campaign against money laundering. ``Amlo may have to adjust its work to guarantee it will not invade anybody's privacy,'' he said.

Mr Visanu said he expected his panel to conclude the investigation by Friday.

Senator Chirmsak Pinthong, meanwhile, doubted the credibility of the probe by the Visanu panel.

``The matter involves government leaders but the investigation is being done by their subordinates,'' he said.

There was also criticism over the appointment of Pramote Chotemongkol, the ombudsman secretary-general, to the six-member Visanu panel since it was likely the journalists facing the Amlo scrutiny would turn to the ombudsman to conduct an inquiry.

Mr Pramote quit the panel yesterday.

March 13, 2002

Editor says PM told him to sack writer
Advertisers of `Naew Na' scared away

Source: Bangkok Post

Prime Minister Thaksin Shinawatra desperately wanted to get Naew Na columnist Prasong Soonsiri sacked because of his sharp criticisms of the government, said Warin Poonsiriwong, the paper's owner.

Testifying before the Senate Committee on Public Participation at parliament following tracking of his bank accounts at the order of the Anti-Money-Laundering Office, Mr Warin said Mr Thaksin personally asked him to get rid of the columnist.

He said he rejected the request and received another request from a former director of Thai Rak Thai.

``One of the premier's men came to see me twice with a proposition that I have Sqn Ldr Prasong's column terminated from my paper in exchange for eight [libel] lawsuits against me being dropped,'' he said.

Sqn Ldr Prasong was critical of the government and was accused of being a source for the Far Eastern Economic Review.

Mr Warin said many of his customers, including state firms, stopped putting their ads in his paper at the request of the government.

Meanwhile, Thai Post owner Roat Ngammaen, whose bank accounts were also probed, blamed Amlo secretary-general Pol Col Piraphan Prempooti for the ``unjust'' orders. He said the alleged harassment of members of the media were ``the acts of the devils''.

``The AMLO secretary-general must take full responsibility, no matter who he may have taken such orders from,'' he said.

Pol Col Piraphan earlier denied he was involved in the orders.

Senate committee chairman Chirmsak Pinthong said he would hear testimony next week from the Amlo chief, Amlo head of information, the Nation's Suthichai Yoon and the premier.

---------------------------------

Rights team plans probe

Source: Bangkok Post

The National Human Rights Commission has promised to investigate the government's recent conduct with regard to media intimidation.

The commission's pledge followed a petition lodged by the Thai Journalists Association.

The petition cited several incidents deemed an infringement of freedom of expression, right to privacy and free access to information at the government sector.

Among them the Defence Energy Department's order to abruptly ban radio broadcasts on the Nation Multimedia Group's FM 90.5 MHz frequency and the Anti-Money Laundering Office order to ask 17 banks to examine the financial backgrounds of prominent media figures critical of the government.

Saneh Chamarik, one of the commissioners, said the panel was closely watching the situation and raised the issue with the upper and lower houses.

The alleged infringement on individual rights reflected shortcomings in the legislation, he said.

The law should not allow the asset investigations to be carried out in a non-transparent manner.

March 14, 2002

Court suspends checks on editors
Chavalit says agency need not obey order

Source: Bangkok Post

The Administrative Court yesterday suspended temporarily the scrutiny of accounts of three Nation Group editors by Siam Commercial Bank, Bank of Ayudhya and Krung Thai Bank.

The court told Siam Commercial Bank's Wireless road, Ratchayothin and Klong Tan branches, Bank of Ayudhya's Nation Tower branch and Krung Thai Bank's Nana Nua branch to stop checking or sending to the Anti-Money Laundering Office financial statements of editor-in-chief Suthichai Yoon, editor Thepchai Yong and senior editor Sopon Onkgara.

Deputy Prime Minister Chavalit Yongchaiyudh, however, said Amlo would not comply with the court order.

Gen Chavalit, who oversees Amlo, said the agency would have to continue with its job or it could face legal action for negligence.

``The court's suspension order has nothing to do with Amlo. People have nothing to fear. Is it good to tell somebody not to do his job?

``We will go on with the asset probes on Mr Suthichai and others until we can arrive at a conclusion,'' he said.

But Sangsith Viriyarangsan, vice-chairman of the Govenrment's National Economic and Social Advisory Council, said Amlo had no power to check the assets of the Nation Group's executives or any other person without proven evidence that they were criminals.

Mr Sangsith, who had researched into the country's unconventional monetary system which led to the anti-money laundering law, said both Amlo chief Peeraphan Prempooti and the agency's information centre director Sihanart Prayoonrat had to be sacked outright for exceeding their authority.

The prime minister also needed to take immediate action to show he was not behind the probes, he said.

Nakhon Chompoochart, the lawyer for the three editors, said if the Amlo continued with the probes, its action would be in complete contempt of the court as well as a criminal offence.

The Nation editors had asked for a court protection of their financial information after leaks were made to the press that Amlo had ordered 17 banks to look into the accounts of 35 journalists, including the three editors, and their family members.

The secret investigation sparked a huge media outcry. Members of the press demanded that parliament look into whether the government had breached the constitution, which guarantees freedom of speech and individual privacy.

The court said its suspension order would in no way disrupt the Amlo's work as a whole.

Pol Col Sihanart, the Amlo information director, claimed the probe order was made following a complaint from ``an outsider''. So far, none of the 17 banks had sent Amlo the information, he said.

The court said Pol Col Sihanart failed to seek endorsement from an Amlo panel dealing with probes on financial transactions for his order, which was wrong under the anti-money laundering law.

March 15, 2002

Panel finds agency at fault for assets checks
Report to reveal who gave orders today

Source: Bangkok Post

The government-appointed committee found the Anti-Money Laundering Office at fault yesterday for conducting investigations into the assets of senior media figures, politicians and social activists.

Visanu Krue-ngam, cabinet secretary-general and head of an investigation into the Amlo probes, told reporters last night it was up to the government to decide what course of action to take with the agency.

``It's not my responsibility,'' he said. ``The country may be dismayed to learn that Amlo lacks good governance.''

According to Mr Visanu, the government was not responsible for ordering the asset checks.

``The probes were not launched on political orders,'' he said. ``They stem from repeated complaints since December.''

The identities of those who ordered the probes would be revealed in a report to be presented today to Gen Chavalit Yongchaiyudh, deputy prime minister.

The committee recommended in its report that Amlo adjust its working practices.

``Although the agency has been effective in preventing money-laundering, it should also respect individual freedom,'' Mr Visanu said, speaking a few hours after an opposition member distributed a document at parliament revealing more targets of Amlo scrutiny.

The list included businessmen Somsak Leesawattrakul, Veena Cherdboonchart, Narong Chokewattana and Chumpol Pornprapa; Gen Sunthorn Kongsompong, late former supreme commander, his wife Khunying Orachorn and his common-law wife, Ampapan; former navy chief Prapat Krissanachan; Phetchabun senator Prasong Kositanond and academic Nath Bhamarapravati.

American citizen Peter Jensen, former husband of Princess Ubonrat, was also on the list.

The document was passed on to reporters by Thavorn Sen-nium, a Democrat MP for Songkhla, who said he received a copy from ``a reliable source'' and was assured it was genuine.

The list was attached to an order for asset probes signed by Amlo information centre director Sihanart Prayoonrat.

Part of the order read: ``Please investigate confidentially, avoiding contact with bank branches, the bank accounts, financial transactions and safe-custody items of the following people.''

Issued last year, it requested checks be carried out as far back as Jan 1, 1999.

The document is likely to increase the pressure on Prime Minister Thaksin Shinawatra, who has been dogged by recent allegations of violations of press freedom and civil liberties.

Mr Thaksin, who is also Amlo chairman, has repeatedly denied involvement in the asset checks.

Meechai Ruchphan, a former senate speaker currently serving as the prime minister's legal adviser, said the power bestowed upon Amlo through the anti-money laundering law could prove to be a double-edged sword.

In an article published at www.meechaithailand.com, Mr Meechai said the law was helpful in allowing Amlo to crack down on criminals, but could cause harm if it was used to persecute innocent people for political gain.

He said the prime minister, the deputy prime minister and the PM's Office minister overseeing Amlo could not deny responsibility and could not avoid being perceived as having abused their power.

Mr Meechai said the law stated only in broad terms the authority held by the Amlo secretary-general and its assets investigation panel, adding the agency could be misinterpreted as being able to wield more power than it is allowed.

He added Amlo would not be able to cite article 40 of the law in justifying the asset probes.

``Nothing in that provision gives Amlo the authority,'' he said.

According to Mr Meechai, legal amendments would go further towards solving the problem than punishing the officials responsible.

``We must be able to guarantee to the public that authorities will not exercise more power than is afforded to them by law,'' he said.

March 16, 2002

Panel blames two chiefs over probes
Top officials face disciplinary action

Source: Bangkok Post

A government panel yesterday recommended two top officials of the Anti-Money Laundering Office be disciplined for ordering unauthorised investigations into the assets of top media figures and NGO representatives.

Headed by Visanu Krue-ngam, cabinet secretary-general, the panel ruled Peeraphan Prempooti, Amlo secretary-general, and Sihanart Prayoonrat, the agency's information centre chief, be punished for power abuses.

Panel sources said the pair had been found guilty of negligence and failing to carry out their duties, charges liable to disciplinary procedures.

Prime Minister Thaksin Shinawatra confirmed the order to launch the probes had not originated from his government.

``Amlo acted alone,'' he said.

PM's Office Minister Thammarak Issarangkura na Ayuthaya, who oversees Amlo, said the agency had ordered the checks without his approval.

``I was not told anything,'' he said. ``Had I known, I would not have let it happen.''

According to Gen Thammarak, an Amlo commitee chaired by Pol Col Peeraphan was responsible for ordering the investigations.

One cabinet minister speaking on condition of anonymity said Pol Col Peeraphan and Pol Col Sihanart would likely be removed from their positions.

Mr Thaksin said the panel's findings should be released on Monday at the latest, adding Amlo's work procedures would have to be adjusted and its jurisdiction clarified to prevent the targetting of innocent people.

The anti-money laundering law could be reviewed in co-operation with the National Human Rights Commission.

Saying it was damaging to national interests, the prime minister blasted the opposition for disclosing the names of the 247 individuals targetted by Amlo.

Government agencies such as Amlo, the National Counter Corruption Commission and the Revenue Department had legal authority to ask banks for information regarding the financial affairs of anyone under investigation, he said.

Mr Thaksin said he would reveal some of the panel's findings during his weekly radio address today.

Mr Visanu said he had been informed by Amlo that financial checks on some of the 247 targetted individuals were necessary. For example, he said the assets of the late Gen Sunthorn Kongsompong, former supreme commander, had been scrutinised to extract ``some special pieces of information.''

Checks on foreign nationals had been requested directly from overseas, Mr Visanu said, but declined to elaborate.

He said Amlo denied targetting business people, claiming these individuals could be under investigation by other agencies, such as the Revenue Department, and had been mistakenly included on the list of Amlo targets.

Amlo had admitted only to having ordered 17 banks to check the accounts of 35 journalists and their family members, he added.

Mr Visanu declined to confirm who had instructed Amlo to investigate the assets of top media figures, saying he would allow the agency's supervisors to decide whether to make public the findings of his 40-page investigation report.

Meanwhile, the Senate yesterday established a panel to look into alleged infringements on press freedoms and civil liberties by Amlo.

Senator Kaewsan Atipho said key government figures, including Gen Thammarak, Pol Col Peeraphan and Pol Col Sihanart, would be called to testify before the panel.

The case would be handled confidentially by both the panel and the Senate, he added.

The senator said Democrat Thavorn Sen-nium could face legal action for publicising the names of the Amlo targets.

Pol Col Peeraphan said the list Mr Thavorn showed to the press was inaccurate and did not originate from Amlo.

But he admitted the assets of the late Gen Sunthorn and his family were investigated by his agency.

March 17, 2002

Peeraphan likely to be the only scapegoat
Democrats doubt Thaksin's claim

Source: Bangkok Post

The secretary-general of the Anti-Money Laundering Office, Peeraphan Prempooti, will be sacked if he cannot justify his office's investigation into the assets of top media figures and NGO representatives, said a minister attached to the PM's Office.

Thammarak Issarangkul na Ayudhya, who supervises the office, said Amlo was legally empowered to order probes of suspects believed to be involved in irregular activities, but it must not abuse its authority or improperly exercise its power.

``Someone has to be responsible if power has been mismanaged by Amlo,'' Gen Thammarak said.

He also said the government never ordered such probes.

``I want to reiterate once more that there was no political order calling for such probe.''

Gen Thammarak was Thai Rak Thai's campaign director in the Northeast during the last general elections.

He said Gen Chavalit Yongchaiyudh, the deputy prime minister, called a meeting for tomorrow to study an investigation report conducted by Visanu Krue-ngam, the cabinet secretary general.

``Amlo has to explain during the meeting why it called for a probe of these people and if the order was backed by substantiated evidence,'' Gen Thammarak said.

He dismissed calls from leading social activists, who urged himself, Gen Chavalit and Prime Minister Thaksin Shinawatra to resign over the case.

``If the investigation panel ruled that I was responsible for ordering the probe, then I will accept it. But this is not the case,'' Gen Thammarak said.

Meanwhile, Democrat MPs were yesterday bemused by Mr Thaksin's claim that he and his family were also investigated by Amlo.

They said the claim was ``hard to believe'' but urged Amlo to explain why Mr Thaksin might have been investigated.

Peerapan Saleeratthawipak said the country was in trouble if Mr Thaksin's claim was true.

``The public might think the prime minister was involved in a certain kind of business if he was being investigated. He was an accused criminal so he couldn't stay on as the prime minister,'' he said.

Mr Thaksin made the claim yesterday during his weekly radio address to assure the public the Amlo investigations were not ordered by the government.

The anti-money laundering law requires all financial transactions worth more than 2 million baht be reported to Amlo. So far, 60,000 cases were reported to Amlo since its establishment.

``My name was on a list of 2,395 people,'' Mr Thaksin said.

``The investigation was ordered when I was appointed prime minister. But nothing illegal was found.

``If the allegations did not crop up, there was no way I would find out I was also under probe,'' he said.

Mr Thaksin said he received the information from a government panel headed by Visanu Krue-ngam, cabinet secretary-general, which investigated the Amlo action.

The panel chairman was expected to go public with the findings on Monday. The report was handed over to Gen Chavalit Yongchaiyudh, who oversees Amlo.

The panel reportedly ruled that Mr Peeraphan and Sihanart Prayoonrat, Amlo's information centre chief, be punished for power abuses.

Mr Peerapan was also less than convinced with the premier's disclosure.

``The opposition was threatened with legal action when it submitted the list of Amlo targets to the press. Why does the prime minister have the right to know he, his family members and other cabinet ministers were investigated?''

Democrat MP Ongart Klampaibool said he believed the prime minister was behind the probes.

``He is ruining the country's image. He is infringing on the freedom of the people only to maintain the government's stability,'' he said.

Anek Laothammatat, a Democrat list MP, proposed that the anti-money laundering law be amended to make Amlo a totally independent agency.

Under the current law, the prime minister acts as Amlo chairman.

Democrat secretary-general Anant Anantakul said it was not too late for Amlo to adjust its work procedures to ensure the merits of the law.

``Financial examinations are an infringement of an individual's rights and freedom. If Amlo is not careful with its work, those people will be affected,'' he said. Agencies must clarify the matter to restore the public faith and adjust work procedures, he said.

Asked how the related officials should be held responsible, the secretary-general said it depended on what grounds they acted.

``This should serve as a lesson to those in power. The freedom of the people cannot be taken for granted,'' he said.

March 18, 2002

Thaksin calls for agency's restructure
Inability to keep secrets irks premier

Source: Bangkok Post

Prime Minister Thaksin Shinawatra says he wants to restructure the Anti-Money Laundering Office, citing the agency's inability to keep secrets.

The move followed doubts whether the government was behind Amlo's move to examine the assets of many media professionals and workers of non-governmental organisations.

Mr Thaksin said a committee chaired by him will consider improving Amlo's work by plugging loopholes, improving work co-ordination with other agencies, and setting up a system to protect the agency's confidential matters.

``To improve the work of Amlo, many parties should take part. First, the probe panel must check and try to fix any weak points in work procedures. Second, the anti-money laundering law must be amended if it allows the overuse of power which could lead to human rights violations.

``In addition, a review must be made about its system of secrecy. Problem-solving needs co-operation at different levels,'' the prime minister said.

Mr Thaksin said he learned from cabinet secretary-general Visanu Krue-ngam that he himself was also investigated by the Amlo after taking up the premiership but they had found nothing wrong.

He said it was common for those making transactions of more than two million baht to be checked by the Amlo.

Yesterday, secrecy was among the issues Mr Thaksin raised for his discussions with the United States' Federal Bureau of Investigation director Robert S Mueller, who met him at Government House.

Meanwhile, Democrat executive Jurin Laksanavisit said strong evidence had finally forced the government to admit having pried upon the private financial affairs of many people although some authorities had denied that earlier.

He accused the Visanu-led probe team of intentionally neglecting to find those behind the move since it wanted to put the blame on three scapegoats: high-level Amlo officials, financial institutions revealing information, and the anti-money laundering law.

Mr Jurin also alleged that the prime minister's remark that he was also investigated by Amlo was aimed at distracting the people's attention from the irregularities.

According to him, the Democrat party has assigned its Phetchaburi MP Alongkorn Pollabutr to file an interpellation on the issue in parliament.

He said the premier falsely accused the opposition of disclosing the namelist of those being investigated by Amlo.

He alleged the government was interfering with media work by buying, controlling or intimidating the press.

Mr Alongkorn said the opposition wants the prime minister to tell parliament who really was behind Amlo's probes. The prime minister was trying to distort information about his government's threats against the press, the Democrat MP added.

--------------------------------------------

Agency rocked by new list
Calls mount for action against leaks

Source: Bangkok Post

The credibility of the Anti-Money Laundering Office has been dealt another blow by revelations from the opposition that top businessmen, senators and military leaders are under ``financial surveillance''.

Defence permanent-secretary Sampan Boonyanan said Amlo ruined his reputation and demanded the agency be punished for failing to protect confidential information.

Gen Sampan was on a list of 247 people whose assets were checked by Amlo. The list was handed to the press by Democrat MP Thavorn Sen-nium on Thursday.

Two senators on the list also demanded justice.

Senator Prasong Kositanond, from Phetchabun, slammed Amlo's probe and said he engaged in ``clean businesses which yielded more profits than drug trafficking''.

He admitted having close ties with former Democrat secretary-general Sanan Kachornprasat but did not think he should be scrutinised for that.

Senator Niwet Pancharoenvorakul, from Ayutthaya, said arbitrary power abuse by Amlo could cause distrust in society and damage the economy.

``Businessmen and foreign investors will fear they can also be probed that way. Businesses might come to a halt and the country immensely damaged,'' Mr Niwet said.

The Board of Trade of Thailand called for an urgent inquiry into the assets scrutiny to protect the country's investment atmosphere.

BoT president Ajva Taulananda said he believed the people on the list had done nothing wrong.

The business people on the list included Chumpol Phornprapa, Narong Chokwatana, some members of the Osathanukroh family, Udomlak Poolworaluk, Siriluck Thanasarnsilp and Pramote Pavarolarnvitthaya.

Two leading financial institutions _ Capital Nomura Securities and Merrill Lynch _ were also on the list.

Mr Ajva said he was not certain the list was genuine but insisted businessmen had the right to protect their reputation.

Amlo earlier conceded it ordered 17 banks to check accounts of editors of The Nation , Thai Post and Naew Na newspapers.

A top executive at Capital Nomura Securities said the company was never aware of the financial scrutiny.

``We are a listed company on the stock market _ meaning we have to show the public our financial records every quarter. Our financial statements are audited by an authorised auditor.''

He said the company's transactions were made by cheques, which were very easy to trace.

``We never deal business in cash.''

The executive said the company did not understand why it was being investigated.

``The report affected us and we are very busy today reassuring our clients,'' he said.

A Merrill Lynch Phatra Securities spokesman said the company was checking with its parent company to see if it was really the target.

``The name, as listed by all newspapers, is Merrill Lynch Corporation. However, as far as we know, the Merrill Lynch group had never had any subsidiary bearing that name,'' he said.

He said the parent company in the United States was called Merrill Lynch and Company. The subsidiary in Singapore is Merrill Lynch (Singapore), the subsidiary in Hong Kong is Merrill Lynch Asia Pacific, and the one in Thailand is Merrill Lynch Phatra Securities.

March 19, 2002

Opposition, press scoff at findings
Faulted duo are just scapegoats, they say

Source: Bangkok Post

The press and the opposition yesterday scoffed at a government panel's findings against two top executives of the Anti-Money Laundering Office in the assets probe scandal, saying they are only scapegoats in the government's attempts to save its own skin.

The panel has found against Amlo secretary-general Peeraphan Prempooti and the agency's information centre director, Sihanart Prayoonrat, said cabinet secretary-general Visanu Kreu-ngam, who heads the panel, yesterday.

It recommended that a committee be set up to consider disciplinary action against the pair for negligence, he said.

Pol Col Sihanart could not cite article 38 of the anti-money laundering law in ordering banks to check the accounts of journalists targeted by Amlo, he said.

Only the five members of Amlo's financial transactions investigation committee, its secretary-general and officials authorised by him, had that authority, said Mr Visanu. He added there were flaws in Amlo's operations that must be improved.

On Amlo's claim that the assets checks were based on some anonymous letters, Mr Visanu said that generally anonymous complaints were not to be believed, but such tip-offs may be of some use.

Veera Prateepchaikul, president of the Thai Journalists Association, however, said threats against press freedom and individual rights and privacy would not go away just because ``the wrongdoers'' had already been found.

``The government is avoiding damage by holding civil servants solely responsible for all the mess,'' Mr Veera said.

The Visanu panel's acceptance that Amlo's operations had flaws meant there were loopholes that could be exploited by politicians to destroy their opponents, he said.

The association demanded Prime Minister Thaksin Shinawatra state clearly what his government would do to protect individual privacy, people's right to know and freedom of speech.

Opposition leader Chuan Leekpai said the panel's findings were mainly about how Amlo did its job, but details about the people who ordered Amlo to check the accounts of journalists remained shrouded in secrecy. ``What people want to know the most is who's behind all those checks. But I don't think the panel bothered to find out,'' he said.

Democrat MP Abhisit Vejjajiva said the findings were ``inadequate''. ``It's like certain facts are being concealed.''

Meanwhile, Deputy Prime Minister Chavalit Yongchaiyudh, who oversees Amlo, said he would have his decision in the next few days on how Pol Col Peeraphan and Pol Col Sihanart should be punished.

Gen Chavalit said he would have to look at the panel's investigation report first but assured the pair would face ``some forms of punishment''.

PM's Office Minister Thammarak Issarangkura na Ayuthaya, however, said the disciplinary panel may not find the Amlo executives at fault. Neither would they be relieved from duty during the panel's investigation, he added.

-----------------------------------------

Public 'not satisfied'

Source: Bangkok Post

An inquiry into the Anti-Money Laundering Office (AMLO) asset-checking scandal led by Cabinet Secretary-General Vishanu Khrua-ngarm has done little to dispel the public's doubts about the matter, the leader of the Opposition said yesterday.

Democrat Party and Opposition leader Chuan Leekpai said he had listened to the presentation of the findings of Vishanu's inquiry committee, in which, he said, Vishanu merely tried to explain the AMLO's operating procedures and failed to answer the crucial question of who had initiated and engineered the "unlawful" scrutiny of the assets of senior journalists and non-governmental organisation workers.

However, committees of the House of Representatives and the Senate are conducting their own probes into the issue, Chuan said. He expected the committees would come up with findings that were "more satisfactory" to the public.

According to the Opposition leader, the lesson of Vishanu's presentation is that it is "very easy" to make accusations, thereby prompting the AMLO to investigate any person's assets and related transactions. Apparently any unsigned letter of allegation will do, Chuan said.

Chuan said he believed Vishanu's committee had limited its inquiry to an exploration of the AMLO's working procedures in relation to the controversial asset checks. The committee apparently made no effort to identify the "masterminds" behind the checks, he said. Nonetheless, the public still wants to know who these masterminds were, he said.

"The people do not believe the AMLO would think to check on asset transactions of journalists, ordinary citizens or Opposition politicians on its own," Chuan said.

Abhisit Vejjajiva, deputy Democrat leader, echoed Chuan's remarks. At the very least, the results of inquiries by both the Administrative Court and Vishanu's committee show that certain AMLO officials did not strictly adhere to proper procedure, he said.

The public, Abhisit said, has voiced concerns that the checks of journalists' assets constituted an abuse of authority and were "unnatural". The public wants to know what prompted the AMLO to conduct the checks, he said.

Meanwhile Veera Prateepchaikul, chairman of the Thai Journalists' Association (TJA), dismissed Vishanu's presentation as an attempt by the government to resolve the problem by scapegoating certain AMLO officials. At the root of the problem, Veera said, is an attempt to suppress the basic rights and liberties of the people.

"It's not right to make the AMLO solely responsible for this scandal," said Veera. The TJA will continue to monitor independent probes into the matter by other organisations including the National Human Rights Commission, Veera said.

---------------------------

PM's probe claim surprises bankers
`Verbal blunder' as media wants details

Source: Bangkok Post

Senior bankers yesterday disputed Thaksin Shinawatra's claim of having been the subject of the Anti-Money Laundering Office's financial scrutiny after he assumed the premiership.

``After the prime minister said he also had been under an Amlo investigation, bankers immediately looked to their operations department to see if this was true.

``But no formal Amlo request for information regarding Mr Thaksin has ever been made to any of us,'' one top banker said.

He said it would be highly irregular for an investigation to be made into financial accounts and transactions of a sitting prime minister or his family.

It also would be ``impossible'' for the prime minister not to have been aware earlier if he was the subject of an inquiry, local bankers agreed.

Indeed, the Shin group, founded and controlled by Mr Thaksin's family, is one of the major shareholders of Thai Military Bank.

``If there was a query, it's hard to believe the TMB management would not pass the information on, at the very least,'' one banker said.

One official of the Thai Bankers Association said it would be highly unethical, not to mention illegal, for a financial institution to reveal information about their clients to unauthorised parties.

The leak of Amlo targets to the media had jeopardised the credibility of not only that agency, but also the entire banking system, he said.

He suggested that a new framework for handling such requests be made to balance the need for confidentiality with the necessity of honouring information requests by law enforcement agencies.

Mr Thaksin had tried to play down Amlo's scrutiny of the assets of a number of journalists by saying he too had once been investigated by the agency.

That could prove to be a verbal blunder, as the media and the opposition are now demanding to know more.

Veera Prateepchaikul, president of the Thai Journalists Association, alleged Mr Thaksin was trying to twist the fact that the people's basic rights and freedoms were under threat by saying he had also been targeted by Amlo.

``The prime minister wants the public to think that Amlo's checks are normal as even he himself is not spared,'' Mr Veera said.

He said Mr Thaksin must now tell the people on what grounds did Amlo investigate him.

Amlo could not look at financial transactions of anyone if it did not have evidence to prove that person had committed one of the seven crimes under the anti-money laundering law, Mr Veera said.

Democrat MP Abhisit Vejjajiva said Amlo must reveal how it came to investigate the prime minister.

Mr Abhisit said allegations that Mr Thaksin had transferred money and shares to some islands known as money-laundering centres were a totally different case from the financial scrutiny against media figures, which were based on a few allegedly anonymous complaints.

Cabinet secretary-general Visanu Krue-ngam said Amlo had investigated Mr Thaksin when Pol Lt-Gen Vasana Perm-larb, now an election commissioner, was secretary-general of Amlo. The probe followed a complaint about Mr Thaksin's transfer of shares abroad. The case was closed after Amlo found nothing irregular.

----------------------------------------------------

Panel findings

Source: The Nation

The key findings of Vishanu Khrua-ngam's committee on how to improve the efficiency of the Anti-Money Laundering Office (AMLO) are:

AMLO employees should have broad foresight and respect for constitutional rights with respect to liberty. The organisation should be staffed with a higher ratio of non-police officers.

AMLO officials seeking information from banks should give their exact titles, since letters requesting information simply from the AMLO tend to command awe from employees of banks. The AMLO should keep its own records of missions, registrations, assignments and keep check with AMLO's electronic reporting system (AERS) for accuracy. Precise articles of law should be cited.

AMLO accepts unsigned letters as leads for further investigation. It should build a foolproof mechanism to determine if the letters should be accepted or rejected outright. This mechanism should be put in place quickly.

AMLO's operational committee should be consulted over decisions rather than them exclusively being made by the secretary-general and director, the only officials whose decisions currently count. Collation with AERS is also necessary. A ministerial regulation review should be made upon consultation with the operating committee. The AMLO secretary-general should not deputise his/her duties to others.

AMLO should make sure that access to banking information is restricted. Currently, almost 10 people have access to the information. Access via fax should stop, being replaced by access via registered mail or electronically. Every official should be assigned a level of confidentiality and documents marked to confirm their confidentiality.

AMLO staff should conduct themselves in the way that intelligence officials do (with concealed identities). They should operate behind the scenes and provide operatives with information necessary for action.

AMLO should build its own code of conduct and ethics for its staff, whose conduct in office and punishments must comply with these guidelines.

AMLO should not allow its secretary-general or staff to act as investigators for government agencies, since the access of these officials to information might compromise their impartiality.

AMLO has been known to act like "the tail wagging the dog" by ordering an end to inquiries into businesses when, citing the law, its committee decided that the questioning was illegitimate even though a court granted leave to pursue the inquiry.

March 20, 2002:

AMLO AFFAIR: Thaksingate probe takes a fresh turn

Source: The Nation

Anti-graft agency and Administrative Court poised to investigate if the illegal assets inquiry was politically motivated

It's not over yet. One day after a government-appointed committee concluded that there was no political motive behind the Anti-Money Laundering Office's (AMLO) probe into journalists critical of the government, it appeared that real efforts to get to the bottom of the "Thaksingate" scandal would be made by two independent organisations.

The Administrative Court and the National Counter Corruption Commission (NCCC) are poised to squeeze the AMLO for evidence to support its claim that the investigation into the journalists' finances was only an honest mistake.

The imminent action by the two bodies is prompted by lingering doubts about the Vishanu Khrua-ngarm committee report, which calls for disciplinary action against two senior AMLO officials for the "unlawful" probe yet dismisses charges that the AMLO was acting on a secret Government House order.

Many see the Vishanu report as a whitewash and an attempt to shield the real culprits.

The Senate committee on public participation yesterday decided to initiate a number of proceedings, including an NCCC inquiry to mete out penalties for the AMLO's wrongful investigation.

Senator Karun Saingam said the forthcoming proceedings would target the AMLO and its three political bosses: Prime Minister Thaksin Shinawatra, Deputy Prime Minister Chavalit Yongchaiyudh and PM's Office Minister Thamarak Isarangura.

The AMLO and its three political overseers must be held responsible for the wrongful probes into media critics and social activists, Karun said.

The proceedings include:

Launching an NCCC inquiry into AMLO secretary-general Peeraphan Prempooti and its information director Sihanart Prayoonrat for civil and criminal violations.

Petitioning the Office of Parliamentary Ombudsmen to represent the 3,095 targets of allegedly wrongful AMLO investigations in seeking justice in the Administrative Court.

Recommending that the Senate initiated a signature campaign to impeach Peeraphan.

Asking the Senate to demand that political responsibility is taken by Thaksin, Chavalit and Thamarak.

Meanwhile, National Human Rights Commission member Pradit Charoenthaithawee said he had received a number of threatening phone calls demanding that he stop his criticism of the government's handling of the AMLO scandal.

During yesterday's Senate hearing on the AMLO's performance, a group of victims of wrongful investigation expressed disappointment at the Vishanu report, saying its intent was to pin the blame on the AMLO rather than its overseers.

Nation Multimedia Group (NMG) editor-in-chief Suthichai Yoon said he was considering whether to file civil and criminal suits against the AMLO.

Suthichai said that since his row with the AMLO broke out, his reputation had been tarnished and the NMG had received three bomb threats, causing undue anxiety.

He believed that the AMLO had been misused to intimidate government critics, although the Vishanu committee found no outside influences on AMLO procedures.

NMG group editor Thepchai Yong also expressed his suspicions that the AMLO had acted on a political order.

Social activist Chaiyaphan Prapaswat said coalition members like Deputy Agriculture Minister Prapat Panyachatraksa had tried to approach him on a fence-mending mission.

"I refused to attend a dinner that Prime Minister Thaksin was trying to host as a gesture of apology about what had happened to his government's critics," he said.

The Administrative Court, meanwhile, issued a summons for the Vishanu committee's report to be submitted as evidence in relation to its review of a case in which the NMG editors are accusing the AMLO of wrongful investigation into their banking records.

The court and NCCC will then have a chance to scrutinise a piece of crucial evidence - an anonymous letter that the AMLO claimed tipped it off about the activities of the journalists who were targeted. Whether the letter is genuine or not has been the subject of much speculation.

Legal experts remain divided, however, on how the Administrative Court should proceed with the case.

The court might dismiss the case if the AMLO drops the probes now, Justice Ministry permanent secretary Thongthong Chantarangsu said.

Thongthong contended that the court might find the case moot should the alleged cause of the grievances be removed before the completion of its review.

The court earlier issued an injunction that temporarily suspended the AMLO investigation into the journalists' financial transactions, pending its review.

The Vishanu committee ruled on Monday that the investigation was wrongful. It also called for an immediate stop to all probes into the media representatives and the other 50 targets based on Article 40 of the Money Laundering Act.

Thongthong said that the committee's recommendation that the AMLO investigation be terminated should pave way to settling the litigation.

"I see [the recommendation] as an amicable way for an out-of-court settlement," he said.

He also suggested that the AMLO should quickly abandon its inquiries if it wanted to avoid further embarrassment and a lengthy court battle.

Opposing Thongthong's view, Justice Courts Office secretary-general Krongkiart Komson said that the AMLO should not end its investigations before the completion of the Administrative Court review.

The AMLO could face a score of suits for malfeasance if it terminated the probes on the order of the government instead of a court verdict, he said.

He predicted that the AMLO would choose to fight a court battle with the NMG editors instead of opting for a settlement.

Administrative Court secretary-general Chanchai Sawaensak said his court was likely to pursue a full review of the NMG-AMLO row to its completion.

March 21, 2002:

AMLO SCANDAL: House probe unlikely

Source: The Nation

Government will use majority to block further investigation, opposition predicts

The government will flex its majority muscle in the House to reject the opposition's call to set up an ad-hoc parliamentary committee to investigate the administration's alleged intimidation of the media, the opposition said yesterday.

The opposition plans to ask the House today to set up a panel to investigate the Anti-Money Laundering Office's (AMLO) unlawful probes against journalists critical of the administration.

However, government whips voted last week not to set up a House committee to investigate the issue.

Democrat MP Jurin Laksanavisit, who is chief opposition whip, said the government wanted to end the controversy as soon as possible, and would therefore not allow the House to investigate the issue.

The government set up a fact-finding committee to investigate the Anti-Money Laundering Office over the probes into the assets and transactions of journalists and other critics.

The panel - headed by Cabinet secretary-general Vishanu Khrua-ngarm - decided that AMLO secretary-general Peeraphan Prempooti and its information director Sihanart Prayoonrat had violated

proper procedures in ordering the probes.

Jurin said the public could not rely solely on the finding by Vishanu's committee because it represented only the administration.

"But press freedom is an important issue and the House should be allowed to handle the investigation because the House is the representative of the people," Jurin said.

"In short, the government is afraid of the truth so it will try all means to make this end soon, although many questions are left unanswered. This is another example of trying to close public eyes from the truth."

Thai Rak Thai MP Manit Sangkhapum, a government whip, said that since the Vishanu committee had investigated the issue, the House did not need to repeat the task.

In another development, the House committee on justice and human rights condemned Prime

Minister Thaksin Shinawatra, Peeraphan and Sihanart for not testifying to the panel over the AMLO's investigations into journalists' assets.

Thavorn Sennium, chairman of the House committee, said the prime minister had not even explained why he could not attend a hearing over the issue, even though the panel had invited him twice.

He added that Peeraphan and Sihanart had given several excuses for not testifying.

Thavorn said he would send another invitation to the prime minister to come to testify before the House panel.

--------------------------

Committee wants action

The Senate committee on public participation will today request the National Counter Corruption Commission (NCCC) and the Office of Parliamentary Ombudsmen initiate proceedings in the Anti-Money Laundering Office (AMLO) scandal.

The committee will ask the NCCC to investigate the AMLO's civil and criminal violations in connection with its wrongful probes into journalists critical of the government, Senator Karun Saingam said.

However, Senator Seri Suwanapanont called on the public participation committee to delay initiating proceedings against the AMLO until the Senate's special committee has completed its scrutiny on performance.

In the meantime, the Ombudsmen will focus on pending litigation before the Administrative Court on behalf of the 3,095 victims targeted by the AMLO, he said.

The Senate has assigned two panels to look into the AMLO scandal: the committee on public participation is responsible for investigating harassment of the media, while a newly formed special committee will check the Anti-Money Laundering Office's performance.

--------------------------

Leaks traced by agency to two banks
Thai Danu, state-run BAAC key suspects

Source: Bangkok Post

The Anti-Money Laundering Office says DBS Thai Danu Bank was the source of the leak of sensitive documents about the office's investigation targets.

Other leaked documents calling for checks on financial transactions of key NGO members have been traced to the state-run Bank for Agriculture and Agricultural Co-operatives (BAAC).

Sources said Amlo was considering whether criminal charges should be filed against bank executives involved or whether a formal warning would be sufficient.

The revelation that hundreds of top businessmen, media figures and opposition politicians had been under an Amlo-directed investigation had rocked the government in recent weeks.

A government inquiry concluded earlier this week that Amlo secretary-general Peeraphan Prempooti and information chief Sihanart Prayoonrat had violated regulations in approving the probes.

Amlo sources said two banks were originally under suspicion. Thai Farmers Bank and DBS Thai Danu Bank were suspected because of their close business ties to the Nation group, they said.

But checks of the documents leaked to the media narrowed the source to DBS Thai Danu Bank, identified through the individual codes marked on each document sent to the banks.

A similar trace led to the discovery that other documents had been leaked by the Bank of Agriculture and Agricultural Co-operatives as well.

Pol Col Peeraphan declined to comment on the source of the leaks, although he confirmed each paper sent to local banks was coded with a special symbol.

Pornsanong Tuchinda, president of DBS Thai Danu Bank, said he had not yet received any formal notification from Amlo about the alleged leaks.

He had heard gossips that his bank was the source of the leaks several weeks ago, but a review of its internal systems had shown no missing documents.

``If the documents really came from the bank, then we would have to go look at who is responsible and see what changes are necessary to our internal systems,'' Mr Pornsanong said.

Amlo requests for information are directed to the president or managing directors of each institution. But after that, processing is usually handled by lower-level operations staff.

Mr Pornsanong said inquiries about certain client documents, for instance, would have to be passed to branch managers for verification. In any case, a leak could potentially occur at several different points in the operational chain.

But one official of the Thai Bankers' Association said it was possible the leaked documents could have come from Amlo itself, using a copy of the forms submitted to DBS Thai Danu.

``The government is looking for someone to take responsibility for this whole thing. It's not inconceivable that the bank is being singled out as a scapegoat,'' the official said.

Mar 22, 2002 :

Tip-off letter was incoherent, govt panel admits

Source: The Nation

The Vishanu committee, set up to investigate possible political motives in the "Thaksingate" scandal, admits in its report that it felt very sceptical about the anonymous letter that the Anti-Money Laundering Office claimed prompted it to probe the assets of journalists critical of the government.

The government-appointed committee, led by Cabinet Secretary-General Vishanu Khrua-ngarm, failed to mention this scepticism at a press conference on Monday when it endorsed the AMLO's claim that its probes were initiated in good faith.

However, the committee's 38-page report, a copy of which was obtained by The Nation yesterday, makes it clear that the panel found that the allegations made in the anonymous letter were not convincing enough to warrant investigation.

On page 22, the committee said the anonymous letter sounded "incoherent". Three pages later the panel said it felt the letter did not provide enough information to support charges that the journalists and their media organisations were involved in extortion, blackmail and customs-tax fraud.

"Although committee members feel the complaints, or the allegations made in the anonymous letter, did not provide clear information or evidence, we are not supposed to apply our feelings or knowledge against data available by the AMLO. And more so when two high-ranking AMLO officials - the secretary-general and the head of information division - insisted that the information was enough [to warrant a probe]. It was impossible for us to call upon all information to compare this case with others," the report said.

The anonymous letter was typed. It named 19 people and entities, most of which were linked to Nation Multimedia Group. "The complaints sound incoherent, but from what we can understand it names people who might have been involved in triad crime - extortion, blackmail as well as customs offences," the Vishanu committee said.

The AMLO cited the letter to deny charges that it was following a secret Government House order. But a source familiar with the AMLO's working philosophy said that if the letter was genuine, and not a fake used to cover up abuse of state power, then it was handled in a very unusual manner. The AMLO had never pursued cases based on anonymous letters alone, unless they were backed up by police information, the source said.

March 23, 2002

Panel set up to deal with two chiefs
Visanu expects result in about a month

Source: Bangkok Post

Another investigative panel has been set up to consider disciplinary action against two executives of the Anti-Money Laundering Office found to have abused their authority in probing the assets of government critics.

Cabinet secretary-general Visanu Krue-ngam said the panel was formed on Thursday by Deputy Prime Minister Chavalit Yongchaiyudh, acting on behalf of Prime Minister Thaksin Shinawatra.

The panel comprised Chaiyos Hemarachata, a law professor at Chulalongkorn university and Amlo board member, Pol Maj-Gen Vichienchote Sukchoterat, deputy permanent secretary of the Justice Ministry, Thananuch Tritipayabut, inspector-general and expert on information technology from the PM's Office, assistant police chief Pol Lt-Gen Somchai Praphasphakdi, and Supawadee Vejjasilp, disciplinary and ethics promotion director of the Office of the Civil Service Commission.

The panel would consider disciplinary action against Amlo secretary-general Peeraphan Prempooti and Sihanart Prayoonrat, the agency's information centre chief.

The regulation of the Civil Service Commission requires the disciplinary investigation to be concluded in 270 days. But Mr Visanu said the probe might actually be done in a month.

Mr Visanu's investigative committee last week blamed both Amlo executives for abusing their power by ordering unauthorised investigations into the assets of some media figures and NGO representatives.

Mr Visanu said he already proposed the names of 20 panel members to PM's Office Minister Thammarak Issarangkura na Ayuthaya, who oversees Amlo.

He said the selected members were acceptable. Mr Chaiyos was the most senior boss at Amlo and a member of the Royal Institute, Pol Maj-Gen Vichienchote would oversee Amlo after its transfer to the Justice Ministry in October, and Mrs Thananuch, as an IT expert, could examine Amlo's computer programme _ the Amlo Electronic Reporting System.

March 25, 2002

Nation to pursue lawsuits

Source: The Nation

The Nation Group's lawyer is moving ahead with plans to take the Anti-Money Laundering Office (AMLO) to criminal and civil court, arguing that the public prosecutor's statement that the AMLO acted legally, contradicts the findings of the Vishanu Khrua-ngarm committee.

Nakorn Compoochat, a committee member of the Law Society of Thailand who is acting as the Nation Group's lawyer, said that the public prosecutor's statement indicated the defendant had completely disregarded the findings of the Vishanu committee.

The findings called for disciplinary action against two senior AMLO officials for conducting "unlawful" probes of journalists' and other government critics' assets.

The public prosecutor's statement said that AMLO had ordered the probes legally. Nakorn is examining the statement and will make a formal objection to it by Wednesday.

Nakorn said a problem was that the statement did not include the "anonymous letter" that initiated the probes.

"This should not drag on for long. There are many issues, but not enough facts. The Nation Group will take its case to both the criminal and civil courts and sue for damages," Nakorn said.

The damages would be examined from various angles, including motive, abuse of power and vested interests, he said.

April 2, 2002

No Guarantee of No Future Intimidation

Source: The Nation

A pay cut is not the proper penalty for two senior officials of the Anti-Money Laundering Office (Amlo) charged with abusing their authority in investigating critics of the government, an academic and an activist said yesterday.

Ubonrat Siriyuwasak, a communication art lecturer at Chulalongkorn University, said a pay cut would not guarantee the government would not again threaten the freedom of the public and the media.

It would also not provide justice to those whose assets were wrongfully examined, she noted.

Miss Ubonrat was responding to the report that Amlo secretary-general Peeraphan Prempooti and Amlo information centre chief Sihanart Prayoonrat face only a pay cut for probing the assets of government critics including some members of the press last month.

``That would be disciplinary action just to show society that something was being done.

``We don't care if the Amlo executives are punished hard or not. We want to know about Amlo's work and those behind its actions.

``Are there long-term solutions to the Amlo problem and a guarantee of public freedom and rights?'' Miss Ubonrat said.

She urged the prime minister to answer, instead of only insisting that he had nothing to do with Amlo's action.

Suriyasai Katasila, secretary to the Campaign for Popular Democracy movement, said a pay cut would be a kind of protection for both Amlo executives and a reflection of the insincerity of the government in handling the issue.

``The government is finding a way out with this lightest of punishments, just to prevent the Amlo bosses from revealing who gave the order [for the asset probe],'' he said.

Mr Suriyasai said activist groups would consider their next move, which could include a petition asking the Administrative Court to scrap the assets examination.