CLARIFICATION: The Phuket News has been asked to clarify the story below, in which the DSI reported that foreigners arrested were involved in selling villas built by award-winning developer Anchan Villas.
The Phuket News stands by its story, which was fully based on the public report by the DSI.
Anchan Villas were NEVER accused of any wrong-doing.
Officers moved in and arrested US citizen “Mr David” (surname withheld), 58, at the front entrance to Jomtien Hospital, in Chon Buri, about 11am last Thursday (Mar 14), the DSI noted in its report.
“Mr David” was wanted under an arrest warrant issued by the Criminal Court on Dec 19, the DSI report added.
The specific charge was given as “being a partner director or authorised person to act on behalf of a juristic person consented on the commission of an offense by a juristic person according to Section 36 or Section 37, or failed to take appropriate measures to prevent the commission of such offense according to Section 41 of the Foreign Business Act, B.E. 2542.”
The case involved a legal consulting firm operating in Surat Thani and Phuket through British national “Mr Markus” (surname reserved) and US citizen “Mr Paul” (surname reserved), the DSI report said.
As an executive, the men arranged for a Thai employee to act as a “camouflage agent” to establish Sunny Shores Property Co Ltd, then led that company to own shares in various companies in Surat Thani and Phuket, the report continued.
“When foreigners come to buy land, those companies holding it will sell or sell their own shares or close the original company to allow foreign customers to take over and continue to occupy it,” the DSI noted.
“The benefits received from the land sale will go to the above foreigners. This has been investigated to completion and the investigation file will be presented to the Public Prosecutor to prosecute according to law,” the report added.
Mr David was an authorised director and representative of Leaf Lucky Co Ltd, jointly investing with those purchasing land from Anchan Villas Co Ltd to operate a real estate development business, the DSI explained.
"The purchased land was sold by means of changing shareholders with Ms Oksana [no further details given] who came to act as an authorized director in place of Mr David (the accused)", the report said.
“Such circumstances were therefore a business of buying and selling real estate, which is a land trade which is a business that does not allow foreigners to operate due to special reasons as specified in the list attached to the Foreign Business Act BE 2542, list one (9), in violation of the law,” the DSI said in its release.
“He fled and the investigators requested the court to issue an arrest warrant. Later, he was arrested,” the DSI confirmed.
This report noted that the arrest of “Mr David” was in accordance with the orders of DSI Deputy Director-General Pol Lt Col Yutthana Praedam, who is currently Acting Director-General of the DSI.
The arrest of ‘Mr David’ in Jomtien came on the same day that Lt Col Yutthana was in Phuket to follow up on the agency’s investigation into the elephant park operated by Swiss expat Urs Fehr and his wife, Khanuengnit, and the land that his rented luxury villa is on.
Of note, Anchan Villas did not develop the luxury villa estate where the Fehr incident, namely him allegedly kicking a woman doctor for trespassing.
Also of note, the DSI report did not clarify whether the developer Anchan Villas was wanted for any wrong-doing, despite its properties being involved in the illegal diversion of profits to foreigners.
Anchan Villas head office is in Cherng Talay and currently has four luxury villa projects underway in Phuket: Anchan Indigo (55 units) at Pru Jampa in Mai Khao; Anchan Mountain Breeze (88 units) in the Pakrongcheep-Khao Phra Thaew area in Tambon Thepkrasattri; Anchan Horizon (5 units, described as “4 Bedroom Grand Luxury Villa”) near the Thalang Victory Memorial Field in Tambon Thepkrsattri; and Anchan Flora (54 units) also at Pru Jampa in Mai Khao.
The developer has twice been bestowed the award ‘Best Developer Phuket’ at the Dot Property Thailand Awards, and ‘Best Luxury Villa Developer of Southeast Asia 2022’ at the Dot Property Southeast Asia Awards,