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Will 'The Galt' go to jail?


Central Scrutinizer

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Not a response to CTO (he's just the last post I read), but my several Satang:

 

1. IHMO, this whole dispute illustrates the basic problem with laws that make words illegal. Doesn't this whole dispute illustrate how Thailand's LM and criminal defamation laws can be manipulated to private ends?

 

2. Who knows if there was any bribery here, but these sorts of laws certainly create strong incentives for that sort of activity. Sort of a running theme in Thailand's legal and regulatory framework - strong incentives for crooked behavior. And this means that even when everything is straight, you cannot be confident of the result because everything hasn't been straight here in so many other matters.

 

3. This is a policy question rather than a comment on the merits of either side in this dispute, but I see the real problem here as backwards laws and policies.

 

4. And so, why are two Farangs fighting this out in a legal system that suffers from these sorts of fundamental flaws? Use a civilized forum where the nonsense you see here is not tolerated. Absolutely lunacy to do otherwise.

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Important :

 

The latest piece of this Stickman showed a photo of a man sitting on a chair and kind of between his legs showed a female subject , heavily tattoed , wearing kind of cut off jeans . Sort of .

 

Where , oh fello boarzmen , did he take this photo do you think ?

 

A friend of mine wishes to kow .

 

 

 

 

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Since both parties live and work in Thailand, which legal system should they use? I guess one party should have just hired Uncle Somchai to settle the matter.

 

Aren't Galt and the property developer U.S. nationals. The U.S. has "long arm jurisdiction", and that could be used. Better there than here.

 

More important, why would two Farangs want to fight out a dispute in the less than transparent Thai legal system applying its draconian laws?

 

Guess who will really benefit when this ridiculous saga is over? It's certainly neither of the disputants. Sheer lunacy.

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... another thought. If the parties or anyone of them are U.S nationals or Australians or New Zealanders, they have another problem and face a major risk. And this applies to activities in Thailand.

 

If there is even a hint of funny business, the U.S. Foreign Corrupt Practices applies, even if everything happens outside of the U.S. Recall the LA movie producer couple involved in that deal with the TAT Governor. They face sentencing - possibly the rest of their lives - in December in a LA Court. Bourke of purse fame was recently sentenced to federal prison in New York on FCPA charges after he got into a dispute on some other business deal in one of "stans" in the former soviet union.

 

The US Department of Justice has made this a major priority. There is a U.S. Attorney (federal prosecutor) attached to the U.S. Embassy, and he spoke on the issue at a Joint Foreign Chamber of Commerce meeting last week. I am sure he'd love to more about this.

 

Australia and New Zealand signed the OECD Convention and have similar laws. Not sure active they are, but if someone from one of those countries is using a violation of the OECD Convention against a U.S. national, the U.S. will press - and has in the past (Siemens) - press the home country to come down hard on its own national. Siemens, as you may recall, had to pay US$1.6 billion (not a typo) in fines. The UK jailed someone recently on charges that are identical to the US FCPA.

 

The locals, that is, the Thais, are beyond the jurisdiction of the U.S., Australian and New Zealand authorities. So they can turn in any of them without fear from the Thai government. Bounties are offered for tips and there is a website where this can be reported anonymously. Check the U.S. Department of Commerce website on trade barriers. In the interest of fair play, I will post the link.

 

If these guys are playing that sort of game, they are playing with fire. They are vulnerable to extortion by the Thais, and they face prison back in their home countries. This is one of many reasons why this sort of lawsuit in a country by two foreigners is sheer folly.

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I would think that Wade used the Thai legal system because his business is in Thailand and they both live in Thailand. There would be little satisfaction in filing a civil slander suit in the US.

 

My understanding of the situation is that Wade filed a civil suit against Summers and actually won that, with an award of only a couple thousand baht. But, based on that, the Thai legal system allowed a criminal action to be pursued and thus we get to where we are today, with Summers facing criminal charges.

 

I don’t think Wade is using any bribe to influence this case, it would be pretty unusual to bribe a prosecutor or judge to convict someone, isn’t it usually that a bribe is made to make something go away not the other way around? I agree with Stick that such insinuations are uncalled for and border on slander themselves.

 

I don’t think the FCPA applies anyway as there is a business purpose test that I don’t think this case would pass. This is more a personal action then any business purpose.

TH

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Since both parties live and work in Thailand, which legal system should they use? I guess one party should have just hired Uncle Somchai to settle the matter.

 

Aren't Galt and the property developer U.S. nationals. The U.S. has "long arm jurisdiction", and that could be used. Better there than here.

 

More important, why would two Farangs want to fight out a dispute in the less than transparent Thai legal system applying its draconian laws?

 

Guess who will really benefit when this ridiculous saga is over? It's certainly neither of the disputants. Sheer lunacy.

 

There are only particular crimes, like murder or pedo, that can be brought in the USA. Since neither biz has a USA branch, USA anti-bribery laws do not apply. Neither one would have standing. Nor could a USA court enforce an order in Thailand.

 

It is ridiculous for you to maintain that two people, that live and work in Thailand, should get their dispute settled in another country!

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