Explosive chemicals and fake military contracts: wealthy business owners lose millions of dollars in alleged scam

Thuzar Myint Htun, whose brother was a high-ranking military MP, is on trial for ‘cheating’ friends and others out of over 20 billion kyat.

Published on Mar 28, 2019
Published on Mar 28, 2019
Thuzar Myint Htun had allegedly scammed her wealthy contacts out of more than 20 billion kyat, roughly $13 million. She was seen at a court hearing in Thingagyun township in Yangon in January this year.
Thuzar Myint Htun had allegedly scammed her wealthy contacts out of more than 20 billion kyat, roughly $13 million. She was seen at a court hearing in Thingagyun township in Yangon in January this year.

Ohnmar Phyu and her husband Tin Win grew increasingly uneasy as they sat waiting in the lobby of CB Bank’s headquarters in downtown Yangon one February morning last year.

Just days earlier the pair, who own a jewellery business, had given almost six billion kyats, roughly four million US dollars, to help a borrower repay an installment on a loan.

After re-paying the installment, the borrower would then be able to loan more money from the bank, and would use this to pay the couple back with interest.

Or at least that’s what they had been told by the woman who took their money, a friend they had known for 15 years named Thuzar Myint Htun, who claimed to be acting as the broker.

After handing over the money, the couple learned that their friend was facing some financial problems, so they arranged to meet with her and the bank’s loans officer, hoping to be reassured that they would get their money back.

But as the minutes turned into hours it became obvious Thuzar Myint Htun wasn’t going to show.

Eventually, the loans officer arrived with bad news: the bank had no idea about the deal they had made with their friend, and wouldn’t be taking any responsibility for it.

Ohnmar Phyu and Tin Win, it seemed, had been duped, and they weren’t the only ones.

Over the next few days it emerged that Thuzar Myint Htun had allegedly scammed her wealthy contacts out of more than 20 billion kyat, roughly $13 million.

The alleged victims included business people and former civilian and military officials.

But for now Tin Win, a retired customs official, was still hoping that there had been some kind of mistake.

He called Thuzar Myint Htun and put her on the phone to the loans officer to clear things up.

But the loans officer, Soe Soe Thin, gave the phone back almost immediately, explaining that whatever the problem was, it had nothing to do with the bank.

“Just try to settle it with her,” she told the couple.

Tin Win left the bank and headed for Thuzar Myint Htun’s home, a luxury waterfront villa in Yangon’s Thingangyun township.

Ohnmar Phyu waited behind in the lobby, where for the last couple of hours a woman in a bright red blouse had also been waiting, just like them.

A chance meeting at the villa

Thuzar Myint Htun did not appear to be home when Tin Win reached the Mya Yamon Waterfront Villa, a complex beside Pazundaung creek of over 100 homes worth up to 1.2 billion kyats. So he waited.

Not long after Tin Win’s arrival, a car pulled up, and the lady in the red blouse from the bank lobby got out.

Her name was San San Win, and she was also looking for Thuzar Myint Htun after handing her seven billion kyat for a similar deal.

They tried in vain to reach Thuzar Myint Htun by phone. Then a couple of hours later, more people showed up.

This time it was a group of three Shan-Chinese business people, led by a woman named Yan Yone Li, who had invested 900 million kyat into the loan scheme.    

Thuzar Myint Htun never showed, and a few days later Yan Yone Li and San San Win opened a case against her at the local police station.

She was arrested and charged under section 420 of the penal code for cheating, and section 468 for forgery with the intention of cheating.

If found guilty on both charges she faces up to 14 years in prison. Judges have denied her requests for bail.

San San Win, the lady in the red blouse, pressed charges against Thuzar Myint Htun for forging documents in a separate deal.

The Voice, a local news outlet, AS reported in March last year that Thuzar Myint Htun was charged with forging a land ownership document to give the impression she owned a property worth 1.4 billion kyats. San San Win agreed to buy that property from her, and paid 1.3 billion kyats towards the sale.  

She was among nine people who say they lost money to Thuzar Myint Htun in a complaint letter sent to the President’s office in November last year.

The letter does not address the 1.3 billion kyat property deal, and instead focuses on the CB Bank case and another alleged scam involving a fake contract to supply explosive chemicals to the military.

In the letter, San San Win and others wrote that they were “very concerned about corruption in the court and justice system,” adding that they feared Thuzar Myint Htun “might use the money she got dishonestly from us to pay bribes to weaken the case or make it go away.”

The complaint letter was signed by San San Win, Ohnmar Phyu, Ei Myat Sandi, Aye Yadanar Myint, Zay Lat Win, Htet Ko Ko, Yan Yone Li, Aung Myo Htun and Zaw Moe Win.

It is believed that, although they are not named in the letter, family members of top military and civilian officials and even celebrities also lost money in the scheme.   

The Bureau of Special Investigations is still investigating the case, while the military reportedly concluded an internal investigation into parts of Thuzar Myint Htun’s conduct last year.  

‘Forged documents’

Yan Yone Li, who moved to Yangon from Lashio 10 years ago, was introduced to Thuzar Myint Htun by a friend in early 2018.

Not long after, Thuzar Myint Htun offered her the opportunity to make a quick three percent profit on a loan of nine billion kyat.

She showed Yan Yone Li letters from CB Bank which confirmed the loan had been made and that the bank was demanding the borrower repay 30 percent of the principle.

Yan Yone Li sent over the money, but when she tried a few days later to cash the cheque to reclaim it, the bank said the chequing account had nothing in it.  

A CB Bank spokesperson told Myanmar Now that the letters Thuzar Myint Htun showed to Yan Yone Li were fake.

In their letter to the president, the alleged victims of the CB Bank loan scam claimed that the bank itself was complicit.

Yan Yone Li and San San Win said they gave Thuzar Myint Htun their money only after getting approval from the loans officer at CB Bank.

Soe Soe Thin, CB bank’s loans officer, strongly denied this.

All she did was to confirm that the bank does indeed offer loans and that Thuzar Myint Htun was one of their customers, she told Myanmar Now.

She did not sanction any deal that involved lending money to a borrower to help them repay a portion of their loan, she said, but merely explained what was written in leaflets that the bank gives to loan applicants.

“I only answered their questions according to the bank’s rules and regulations. They are just trying to include the bank in the scandal [to try to get back the] money they lost,” Soe Soe Thin said.

CB Bank’s chief compliance officer, U Oo Thein Myint, said the Bureau of Special Investigations, the military, the police and the Criminal Investigation Department had all questioned the bank and concluded that it did nothing wrong.  

Explosive chemicals

In late 2017 Khine Sandar Lwin, a wealthy businesswoman with interests in gems and property, met with Thuzar Myint Htun at a restaurant to discuss a deal to import batches of an explosive chemical for the military.

Thuzar Myint Htun brought along her brother, a lieutenant colonel named Maung Bo who at the time was serving as a military MP, as well as a representative from a Taiwanese chemicals supplier.

Thuzar Myint Htun said that the military was calling for tenders to supply it with ammonium nitrate and that Zay Man Taing, a company for which she was on the board of directors, had a good chance of winning the contract.

Khine Sandar Lwin’s role would be to bankroll the purchase of the chemicals, and in return she would get the money back with interest.

Like others who said they were cheated, she had successfully done business with Thuzar Myint Htun in the past. And the presence of a senior military official at the meeting made her even more confident about the deal, she told Myanmar Now.

When she heard Zay Man Taing had won the contract, she sent 1.3 billion kyat to the company’s account. But then Thuzar Myint Htun asked for more money.

This time it was 2.1 billion, which she said was needed urgently to pay a deposit to the office of the commander-in-chief to secure the contract.

Thuzar Myint Htun would be able to pay her back for this second sum in just a couple of days, she said. But when Khine Sandar Lwin took her cheque to the bank, she was told, like Yan Yone Li, that the chequing account had no money in it.

Growing angry, she called Thuzar Myint Htun to her house and demanded the money back. But thuzar Myint Htun responded that she didn’t have it.

Instead, she signed an agreement saying she would pay it back in six months.

Then she left Khine Sandar Lwin’s house in such a hurry that she forgot to bring her phone with her. A few days later, it started ringing.

When Khine Sandar Lwin answered, she discovered she was not the only one who had sunk money into the ammonium nitrate scheme.

The man on the end of the phone was Aung Myo Tun, a former naval officer and a longtime friend of Thuzar Myint Htun.

He had sent her eight billion kyat, a sum that included money from his family and colleagues at the Myanmar Economic Bank in Lashio, where he works as an assistant manager.  

Like Khine Sandar Lwin, he had trusted Thuzar Myint Htun because he had made reliable profits on his previous investments with her. What’s more, he and her brother Maung Bo attended military training school together.

But after the chance phone call Aung Myo Tun knew something was wrong, so he sent a letter to the commander-in-chief, Senior General Min Aung Hlaing, to ask if the contract for ammonium nitrite did indeed exist.

“The senior general read the letter on Monday, and gave orders on Tuesday,” Aung Myo Tun said.

Military investigation

After receiving his letter, the military launched an internal investigation headed by a brigadier general, he added. Months later, high-ranking officials told him that Thuzar Myint Htun’s story about the call for tender was false, he said.

The military said it had no plans to take legal action but that its officers would appear in court as witnesses if the complainants wished to press charges.

Military investigators also said that lieutenant colonel Maung Bo was transferred to another position because he acted outside of his authority, according to Khine Sandar Lwin’s daughter, Ei Myat Sandi.

But the investigators stressed to her that he was not involved in any scam, she said.

It is unclear if Maung Bo is still serving in the military or was transferred to a civilian position. Myanmar Now was unable to reach him for comment.

Maung Bo was removed from his position as a military MP on May 15, 2018. No reason was given for his replacement, as is standard military practice, but Aung Myo Tun speculated that it was a result of his complaint.

“I would have complained to the speaker of the pyithu hluttaw if the military hadn’t investigated,” he said.

Brigadier General Zaw Min Tun of the military’s True News Information Team said he was not aware of the scandal when contacted by Myanmar Now.

At a court hearing in Thingangyun township in January, Thuzar Myint Htun was briskly escorted in handcuffs from a small room with wire caged windows to the courtroom.

The hearing lasted less than 10 minutes, and Myanmar Now was unable to get comment from the defendant or her lawyer as she was whisked away.

After the hearing she was sent back to Insein prison, a far cry from the waterfront villa where she used to enjoy her wealth.

Htun Khaing is Assistant Editor with Myanmar Now.

Win Nandar is a reporter with Myanmar Now.

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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