We often hear of fraudulent behaviour and activities between joint venture partners but it is not so often that we hear from innocent defendants, normally because having been wrongfully wrapped up in proceedings, they may wish to completely forget about the experience and move on.
Hughes Krupica’s litigation team were presented by a very difficult problem encountered by a long standing non-Thai Asian businessman operating a manufacturing and distribution business, employing a large number of employees and involved in cross border distribution requiring dealing with regulatory and licensing issues, customs and inspections.
A third party fraudulently created a document which it used in part of its process, completely unconnected to our client. However, the authorities decided to prosecute our client which resulted in our client being dragged through a criminal prosecution process, a highly stressful and challenging experience especially when the victim of the unfair prosecution is aware that the case has been incorrectly filed against him.
Unfortunately, the burden of producing a defense is high on the defendant in such matters. The Hughes Krupica litigation team therefore worked on an multi-pronged approach to prove that certain persons conducting investigations were forced to provide testimony under cross examination in different Provinces due to the nature of the proceedings of the case. Further, forensic experts were called to demonstrate documents our client used were real.
In the end, the case and all charges against our client were dismissed. This is because our client was not guilty, and also because our client had a certain amount of information and was credible. These factors combined with a well prepared legal team made the result that occurred, likelier.