Apirak and 4 others were sentenced to a combined total of 49,110 years in prison, with the maximum sentence capped at 20 years per defendant under the law, and ordered to pay fines and compensation totaling 4.911 billion baht in the Forex-3D pyramid scheme fraud case. Pinky, her mother, and brother were acquitted.
At courtroom 806 of the Criminal Court at 10:30 a.m. on 13 Aug 2021 GMT+7, the court announced its verdict in the Forex-3D pyramid scheme fraud case, case number A 853/2021, with the Special Case Prosecutor 4 as plaintiff, charging Apirak Kodth, an executive, along with Ms. Savika Chaiyadej, known as Pinky, a famous actress, Mrs. Sarinya Chaiyadej, mother, and Mr. Kittichet or Sarayut Chaiyadej, brother, among 24 defendants, with jointly borrowing money by fraud against the public and violations of the Computer Crime Act.
The plaintiff alleged that between 24 Nov 2015 and 8 Sep 2020, the defendants jointly deceived the public by advertising and inviting people to invest in online foreign exchange trading via the website and Facebook page named “Forex-3D” (www.Forex-3D.com) and using the fund name “Forex 30.” The companies RMS Familia (defendant 2) and Meedipay (defendant 3), managed by defendant 1, claimed a professional team invested on behalf of investors, with a minimum investment starting at 500 US dollars (15,000 baht), later raised to 2,000 US dollars (50,000 baht). No knowledge of forex trading was required; investors only needed to deposit money and wait for guaranteed 100% principal profit dividends without loss. This misled 9,822 people to invest over 2.473 billion baht. In reality, defendants did not invest the money nor conduct actual forex trading as claimed. Plaintiff requested defendants jointly compensate 2.489 billion baht to victims in Din Daeng District, Bangkok, and other areas nationwide. All defendants denied the charges.
Upon consideration, it was found that Forex-3D trading from 24 Nov 2015 to 8 Sep 2020 involved investment in global currency fluctuations, with 9,822 victims in this case totaling over 2.473 billion baht in damages. Defendant 1 was the executive of defendant companies 2 and 3, who advertised and invited investment via social media, promising profits with guaranteed no losses, causing victims to be deceived. Bank of Thailand witnesses confirmed that Forex-3D and defendants 1-3 never obtained permission, with no international financial transactions or authorized forex business in Thailand. Defendant 2 was only licensed for currency exchange. Defendant 1 had many mule accounts transferring money to victims, indicating dishonesty and efforts to evade state scrutiny and taxes by concealing financial trails.
The court found that plaintiff's victim witnesses gave consistent testimonies confirming event details accurately, unlikely fabricated, and credible. It was believed that defendants 1-3 used the Forex-3D investment scheme as a ploy to lure people into a pyramid scheme. Defendants 1-3 committed the offenses as charged.
Regarding Mr. Sarayut or Kittichet Chaiyadej, Pinky's brother (defendant 6), Ms. Savika Chaiyadej or Pinky (defendant 7), a former famous actress, and Mrs. Sarinya Chaiyadej, Pinky's mother (defendant 8), the court considered that defendants 6-8 may have been unaware Forex-3D was fraudulent, since if they knew, they likely would not have transferred investment funds back to defendant 3 due to risk of loss. Defendant 7 is a well-known actress, and the amount invested was consistent with her legitimate earnings and returns, indicating genuine investment rather than a fake portfolio to deceive the public. Therefore, the court gave defendants 6-8 the benefit of the doubt and acquitted them. Reporters noted that upon hearing this verdict, Pinky, her mother, and brother wept with joy.
As for Mr. Supinyo Meesomphrach (defendant 5), the programmer for the Forex-3D website; Mr. Natthit Peerachairam (defendant 9), personal secretary to defendant 1; Mr. Thassiwat Chantanukul (defendant 11), company document officer; and Ms. Phakamon Silun (defendant 21), former wife of Apirak, the court found clear evidence that they were accomplices with defendant 1 in committing the offenses.
The court sentenced defendants 1, 5, 9, 11, and 21 for jointly borrowing money by fraud against the public, the most severe offense. Each was sentenced to 5 years in prison per count, totaling 9,822 counts, amounting to 49,110 years each; however, the law limits imprisonment to a maximum of 20 years per defendant. They were ordered to jointly repay the 9,822 victims the defrauded amounts plus 7.5% annual interest. Additionally, companies RMS Familia (defendant 2) and Meedipay (defendant 3) were each fined 500,000 baht per count, totaling 4.911 billion baht in fines.
Defendants 4, 6-8, 10, 12-20, and 24, including Ms. Savika or Pinky, her brother, and mother, were acquitted.
After the verdict was read, Pinky told reporters outside the courtroom only that she would not give interviews at the Criminal Court, as she was preparing to pick up her mother from the Central Women's Correctional Institution later that evening, and expressed great happiness at the court's acquittal of her, her brother, and mother.