By A. Ananthalakshmi and Erin Geiger Smith
SINGAPORE/NEW YORK, Dec 21 (Reuters) - A former Singapore
banker was arrested in Los Angeles on Thursday and accused of
helping "liquidate" hundreds of millions of dollars in an
accounting fraud at Olympus Corp, one of the biggest corporate
scandals in Japan's history.
Chan Ming Fon, a one-time bank vice president, is the latest
former executive and the first from outside of Japan to become
ensnared in the $1.7 billion accounting cover-up at the camera
and medical equipment maker.
The company has admitted it used improper accounting to
conceal massive investment losses under a scheme that began in
the 1990s.
Court papers in the United States said Chan was paid $10
million by Olympus or entities controlled by Olympus for his
role in the fraud. The case against Chan was filed in a federal
court in New York.
"The defendant had a direct role in the secret liquidation
of hundreds of millions of dollars of Olympus investments. He
then waged a six-year campaign to conceal that misdeed by lying,
certifying to auditors that the investments still existed years
after liquidation," said FBI Assistant Director-in-Charge George
Venizelos.
Olympus declined to comment.
Chan's arrest comes after three former Olympus executives
pleaded guilty in September to charges related to the fraud.
Chan, a Taiwan national, was interviewed by the Federal
Bureau of Investigations this week, U.S. authorities said. He is
being held in custody ahead of a scheduled appearance in a
federal court in Los Angeles on Friday.
The former banker at Commerzbank and Societe Generale in
Singapore is charged with one count of conspiracy to commit wire
fraud, which carries a maximum penalty of 20 years.
Commerzbank and Societe Generale could not be reached for
comment.
Chan, 50, is currently listed as a director of three
Singapore companies, GIT Capital, GIT Consulting and SJ New
Energy.
OLYMPUS STRUGGLE
The accounting fraud at 93-year-old Olympus was exposed in
October 2011 by chief executive Michael Woodford, who was fired
after he questioned dubious deals that were later found to have
been used to hide losses.
The three former executives who pleaded guilty had been
identified by an investigative panel, commissioned by Olympus,
as the main suspects in the fraud seeking to delay the reckoning
from risky investments made in the late-1980s bubble economy.
Former chairman Tsuyoshi Kikukawa, former executive vice
president Hisashi Mori and former auditor Hideo Yamada said they
inflated the company's net worth in financial statements for
five fiscal years to March 2011. They are awaiting sentencing.
Revelations of the huge accounting fraud have revived calls
for more outside scrutiny of its boardrooms but have failed to
trigger sweeping corporate governance reforms similar to those
introduced a decade ago in the wake of U.S. scandals such as at
Enron.
Forced to re-issue several years of financial statements,
Olympus has been left financially weakened, and it booked a loss
of $581 million in the year to March 31. Its shareholder equity
to total assets has dipped as low as 2.2 percent, well below the
20 percent level regarded as a minimum for stability.
The liquidity crunch has prompted it to accept $592.49
million from Sony Corp in return for an 11.46 percent stake and
an agreement to set up a joint venture to develop medical
equipment. The two companies on Friday said that plans to
establish that company had been delayed as they wait regulatory
approval overseas.
Olympus shares in Tokyo dipped 1.4 percent on Friday
compared with a 0.8 percent fall in the benchmark Nikkei 225
index.
TRAIL OF INTRIGUE
Chan's family in Singapore could not be reached for comment
on Friday. A neighbour, who described the family as "avid piano
players," said they kept to themselves. Nobody answered the door
at GIT Capital's office in downtown Singapore.
An investigative panel report, commissioned by Olympus last
year, mentioned a banker but used only the name Chan. It said
the banker was an outside collaborator who first met Olympus
executives Yamada and Mori in 1998.
At the time "Chan" was working at Commerzbank in Singapore,
but resigned in 2000, it said. After leaving Societe Generale in
2004, the report said Chan formed his own company where he
continued to work for former Olympus executives.
A statement from the U.S. Attorney's Office in New York said
Chan was a former bank vice president, without naming the firm.
It said that from 1995-2004 he was employed as an executive
at two financial institutions, and his primary responsibilities
at one of them was to service accounts maintained by Olympus and
entities that Olympus controlled.
The complaint said that in 2005 Chan established an entity
in the Cayman Islands called SG Bond Plus Fund.
Until about 2010, Chan submitted false and misleading
documents to Olympus's outside auditor regarding hundreds of
millions of dollars' worth of assets purportedly maintained by
Chan at SG Bond for the benefit of Olympus, it said.
Chan had actually transferred the assets to a British Virgin
Island-based entity controlled by Olympus, the complaint said.
($1 = 84.3900 Japanese yen)
(Additional reporting Rachel Armstrong, Saeed Azhar, Tim Kelly
and Nathan Layne)
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