October 20, 2024: It is easy to determine if the iCon Group exists legally in accordance with the law on direct sale.
The authorities say the law is clear on its definition of direct sale, stating that sellers’ main income must come from other people buying the products, not from finding or helping to find new sellers. Also, the law says direct sale companies “must not force” sellers to buy products beforehand (which could create a false impression that the products are selling well).
While “forcing” may be a legally-slippery word, because companies can always argue that they never force, and that sellers take temporary possession of products out of their own freewill, the law is clear that sellers must not be persuaded or lured or tempted in this regard.
“Unreasonable” amounts of products in sellers’ possession which they had to pay for is against the law.
The restrictions are the main content of the direct sale law and designed to prevent business from morphing into a pyramid scheme.
So, if the law is so clear, why did the authorities allow the allegedly illegal activities of the iCon Group to go on for so long?
One possible answer is that sellers’ complaints are needed to establish a case against iCon Group. One or more sellers needed to come forward first to say that they had to pay for products in advance, otherwise legal action cannot be taken.
Some iCon sellers are still selling products despite the crackdown on the company’s executives. Experts say those sellers may not be able to keep saying that they work for iCon Group, because if it is established, through testimonies of several other sellers, that the company exists in violation of the law, the firm will not be able to continue.
Did Thaksin influence only Pheu Thai?
October 19, 2024: The “summit” meeting at Thaksin Shinawatra’s residence before the parliamentary selection of his daughter Paetongtarn as prime minister was attended by leaders of other parties in addition to Pheu Thai as well. Did he guide them, too?
If so, if Pheu Thai is to be dissolved for being under his wrongful influences, what about them?
These are intriguing questions for the Election Commission and likely the Constitutional Court judges later. Things can move shockingly fast like what has befallen the iCon bosses.
Evidence like video and audio clips may be needed by the investigators and accusers, because defence lawyers can always argue that the meeting venue was selected out of courtesy and convenience. Claims like “It was near” or “There was wine” or “It was never my choice of location” might be heard. In fact, those excuses can be used by Pheu Thai as well.
iCon uproar knows no bounds
October 18, 2024: Buddhism frowns upon worldly richness, and this is the main reason why one of Thailand’s most famous monks has been landed in the hot seat in the endlessly-expanding iCon scandal.
During a sermon given to both senior and junior iCon Group members, V Vajiramedhi talked a lot about how to get rich quickly. Make no mistake, he might be referring to spiritual wealth, meaning wisdom and not material possessions.
But you be the judge. The sermon was given at an iCon event, where listeners probably were not that interested in things they could not physically touch. (YouTube clips featuring the controversial speech are all aplenty. Check them out and decide for yourself.)
He basically said you had to keep working hard to enrich yourself, and that attending training seminars like ones provided by iCon Group could be one way to sharpen skills. This made critics including popular news host Kanchai Kamnerdploy think he was too materialistic for comfort.
With the media attention focusing on entertainment stars for much of the past few days, V Jajiramedhi was mostly flying under the radar. Not anymore. With the beautiful faces locked up, albeit temporarily, it’s now his turn.
He’s fighting back, issuing a statement saying iCon invited other senior monks too and what they all are supposed to do is say nice things about the host. Clips were edited and selectively presented to paint him in a bad light, V Jariramedhi said.
Parts of the sermon were meant to make it funny in order to keep listeners’ attention, he insisted, pointing out that editing manipulation could damage any speaker’s reputation.
His lengthy statement called Kanchai a serial killer who felt no remorse if the TV personality’s programmes wrongly sent innocent people to jail. This also surprised many, who pointed out that Buddhism is about total detachment from anger.
Nationalism goes out the window
October 17, 2024: Nothing says sports and politics (in this case “history”) shall never mix better than England hiring a German as its national football team coach.
In the immediate aftermath of World War II, Thomas Tuchel’s appointment would equal the Lebanese team getting an Israeli manager.
The English national team has had a foreign coach before, and German coaching has been embraced or considered by English football clubs, but national pride has played a much bigger part when it came to English players representing their nation.
“Adolf Hitler must be rolling in his grave cracking up,” said an X user. This led to a lengthening thread, with the name of Winston Churchill added to the humour.
Many nationalists did not like it when, a few months ago, Germany’s Jürgen Klopp made much of England stop to listen to his farewell speech delivered at Liverpool’s Anfield stadium. They did not know that their worst nightmare was still to come.
It goes so far beyond Bt125 million
October 16, 2024: Surprises keep accumulating in the iCon Group scandal and one of them concerns the amount of frozen assets. However, investigators must have a way to establish a big pattern from tiny pieces of evidence, so all critics can do is watch the Anti-Money Laundering Office (AMLO) closely at the moment.
Reports are charging that the controversial business empire has a lot bigger wealth. If the frozen assets were the Earth, iCon Group’s net worth might allegedly be the Saturn, so to speak.
To cut a long story short, just about Bt125 million has been frozen. To be fair to AMLO, in every scam, schemers would not be too naïve to put dishonest money in “obvious” bank accounts, the first ones that the authorities would look into. They must have smart ways to hide their loots. Freezing suspects’ bank accounts, therefore, may not lead to earth-shattering findings.
So, patience may be the key. This case is very complex, because, it seems, allegedly illegal activities would not have been possible with beautiful (teary lately) faces alone.
Some reports suggest money involved may have hit a hundred billion baht. Entertainment celebrities are used to handling a lot of money, but allegedly that much money? We can never be so sure.
How easy it is to investigate iCon Group
October 15, 2024: Like every high-profile case, the iCon scandal is actually so simple to investigate that detectives’ work can last just a few weeks. In reality, though, a probe can drag on so inexplicably long.
The “Red Bull heir” incident is still unsettled as of today. The justice process concerning alleged forest encroachment by leading politicians goes on forever. It’s the same for financial crimes involving star business people accused of defrauding massive numbers of people.
All unfinished cases _ mind you, some even directly or indirectly involves opposition figures _ have one thing in common. They have high-flying political names behind them. The iCon case first rattled the entertainment circles but it is now hitting a bigger bump, because leaked audio clips indicated politicians may have been involved. There have also been gossips about police and military involvement.
Truth is a small room full of determined financial investigators can look at iCon Group business documents and wrap up their work in weeks, if not days. Key questions are so easy to answer:
Where did the empire’s assets come from? How much was gained from product sales to real customers and how much was income received from products “sold” to “investors” or members who wouldn’t actually use them? How much income each “presenter” has received? What is the system of getting and sharing “commissions”? How big were the commissions?
How did the company treat complaints initially? Did they go to middle-ranking networks and end there, or did they go higher but receive no response? From reports, substantial “bribes” were allegedly paid, so how were they documented in official business reports that iCon Group was required to file? Whose voices were in the clips? (This last question may have nothing to do with financial investigators but it is a piece of cake for any detective armed with standard technology.)
These are simple questions that new graduates from detectives’ schools will just need days to answer without influences of their bosses.
If tax authorities can pinpoint minuscule yet unreported payments in a country of more than 70 million citizens, getting answers to those questions is super easy.
Everyone loves talking about “political reform”. Many people assume that changing the Constitution or major laws will help. Thais are probably barking up the wrong tree.
Resolve this kind of cases quickly in the same manner of those involving man on the street instead of allowing them to fade away when public attention dies down, and the rest will take care of itself.
iCon scandal hits the fan
October 14, 2024: There was a time when people loved to be called “Boss” and everyone hated to be a victim. When Thailand’s biggest controversy at the moment is concerned, it’s the other way around.
The iCon Group scandal is fast-expanding, covering more and more famous people and ordinary men on the street. Entertainment celebrities are rushing to either go on camera or post online messages denying that they were part of an alleged pyramid scam. They insist that they were either victims losing a lot of money to fraudulent lures or innocent objects in the same selfies or gala photos of iCon bosses.
Singers, athletes, actors, actresses, DJs _ you name it. Everyone now is claiming to be fooled into misguided investment or unknowingly taking photos that became part of a grand promotion.
As the list of lesser-known “victims” is lengthening (approaching a thousand now as of today), the high-profile explanations will be heard more or more. But as famous news host Sorrayuth Suthassanachinda said it, there are fine lines dividing normal investors, naïve presenters and presenters who know full well what they are doing, albeit being part of a credibility-building plan designed to allegedly defraud people.
Thai and Cambodian social media warriors won’t end battle easily
October 13, 2024: Warnings that social media content regarding the Miss Grand International controversy would disturb regional peace shall not be taken with a grain of salt.
Nationalism is coming into play in full force, so much so that both countries’ journalistic associations have issued a joint statement expressing their deep concern.
Comments, posts, degrading captions between the warring camps and their supporters have increased in volumes and intensity. Although the Thai organisers insisted that it was a business and private matter, the whole issue is fast becoming a bilateral feud with misguided patriotism overshadowing everything else.
Pro-Thai content has mentioned efficiency and extravaganza on the Thai side while belittling the Cambodians for alleged unpreparedness. The pro-Cambodian one has deplored alleged superiority complex of the Thais and the apparent lack of national or contractual respect.
With both countries always at odds over territories, the origins of martial arts and some cultural innovations, the Miss Grand International controversy will add one more straw to the strained camel’s back. Even when the issue dies down, which it will, the dispute can stay forever in the lengthening list of bilateral problems.
And don’t forget the Thaksin-Hun Sen connection which can become highly political in the very near future.
What iCon Group case tells us
October 12, 2024: Thailand’s most controversial company of the hour has denied all charges and is absolutely entitled to self-defense. It will have to fight allegations that it resorted to proven methods of fraud.
The first method is a promise of hefty profits. The hundreds of complainants said the same thing _ that they invested because they had been told of, and then expected, greater returns than putting money in the bank.
That there is no such thing as a free lunch couldn’t deter the hope, or some may say greed. This is what keeps stock markets going, and they even paper over the danger with such words as “speculation” and a widely-ignored and dutiful warning that “every investment carries risks”.
That is the second method. Fraudsters will say every promise is not foolproof, and some blame has to be placed on the “customers”. Such a notice will be very small, of course. If it is written, a magnifying glass will be needed to read it. If it is spoken, it will be on such a speed that a normally 10-second sentence will last just 3 seconds (A smart way of belittling warnings, isn’t it? If the danger is real and serious, why do they do it in such a perfunctory manner?)
The third method is the use of “credible” or well-known “presenters”. The more “trustworthy” the promoter the greater the chances of success. People are often shocked when celebrities are accused of being involved in allegedly-fraudulent schemes but it should never be a surprise, in fact.
There are two equally-wonderful houses in equally-great locations, and you will buy the one that has the handsome face of an actor on the advertising billboard. Wi-Fi providers spend billions hiring popular singers to tell prospective users their connections are the best. Political choices must be endorsed by “honorable” figures.
How “watertight” is the Constitutional Court complaint?
October 11, 2024: To many legal experts and critics of the government, the petition that has been submitted to the Constitutional Court against Thaksin Shinawatra and the ruling Pheu Thai Party is deceptively incoherent and thus harmless.
The complaint, in fact, was smartly written and laid down landmines shrewdly to ensure that if the accused survived the first one, they would face a tougher challenge next time, it is said.
The first deadly trap is the Police Hospital privileges. The next one is the events leading to the rise to power of Prime Minister Paetongtarn Shinawatra, Thaksin’s daughter. Then there are accusations that Pheu Thai, under Thaksin’s covert guidance, will be engaged in a national resource sell-out, and that the party will conspire with those deemed to have ill intentions toward the Thai political system to change the Constitution in their favour.
The complainants seek to connect the dots to paint a worrisome picture of Pheu Thai and Thaksin, the experts and critics of the government say.
Even if the “dots” cannot be connected, each accusation can be fatal on its own, they point out.
“There are many swords in that complaint,” said former red-shirt leader Jatuporn Prompan. “If the first sword can’t kill them, the next one will.”
Believers into doubters
October 10, 2024: As far as many football fans are concerned, Jürgen Klopp joining Red Bull as head of its global soccer is like the Pheu Thai Party forming a government with the conservatives. The Guardian, in an article, calls it a “dagger in the heart” of any football idealist.
For anyone who is not a footy enthusiast, Red Bull is largely perceived as unhealthy for traditional football culture that cherishes fan, not corporate, power. The company has taken over some football clubs _ officially or else _ and allegedly used technical loopholes in certain affairs.
Klopp, one of the world’s most popular football coaches, shockingly announced a sabbatical last year saying he would take a one-year break at least because he had “run out of energy”. That broke Liverpool fans’ hearts.
Not only did the Red Bull news emerge way too early, his association with the energy drink giant belied what he had often said earlier about the power of fandom, football development and how much commercialism should play a part in sports.
In particular, fans of Borussia Dortmund, a club he coached before joining Liverpool, have started to be badly aggrieved. Liverpool fans are absorbing the news with great confusion. Both the German and English teams have a Red Bull-controlled club, RB Leipzig, as their domestic and European rivals respectively.
What will Klopp do or say when the Red Bull club square off with Borussia Dortmund or Liverpool in the future? It will be hard for everyone.
Red Bull owns Red Bull Salzburg, New York Red Bulls, Brazilian club Red Bull Bragantino and recently acquired a stake in an English team, Leeds United. It is financing RB Leipzig while not technically owning the Bundesliga club.
Klopp’s new job, starting in January, will be to supervise development of those teams, so far a sketchy responsibility pending more clarification. It won’t be as hard as being a coach and he will not have to watch football everyday.
Before he left Liverpool, Klopp successfully promised to “turn doubters into believers”. It became one of the most sacred statements in modern football. He meant to say that anyone doubting Liverpool were going in the right direction must start believing that they are.
Most analysts believe that Klopp’s clout would finally prevail although his reputation is taking a big hit. An acceptable narrative would finally emerge to cushion the “Hypocrite!” uproar which is resounding at the moment, they say.
To many romantic fans digesting the Red Bull news, however, doubts _ fresh or old _ are creeping into their beliefs.
Tongue-in-cheek Musk no laughing matter
October 9, 2024: It looks like the US presidential election next month is reviving some “conspiracy theories”, and one man striving to be in the middle of the frenzy is one of the richest and best-known beings on earth.
Pro-Harris media are suggesting Elon Musk was joking during an interview with another big-name influencer, former mainstream news host Tucker Carlson, but if you are a Democrat, you can hardly laugh.
Here’s what the X and Tesla big boss said: Donald Trump can’t win because the former president would otherwise seek the release the names of those connected to late sex trafficker Jeffrey Epstein; and he (Musk) could be locked away under a non-Trump White House.
Conspiracy theories used to be associated with suspicious loners or basement computer hackers. Musk is the latest celebrity big name who is making much of the world unable to look at some “conspiracy theories” the same way again.
Recently, a well-known US politician tipped to run as an independent in the November presidential election, Robert F. Kennedy Jr., admitted that the collapse of Building 7 at the World Trade Centre complex in the aftermath of the 9/11 attack was strange. Also, America’s Green Party’s Jill Stein has all but endeared herself to the 9/11 “Truth Movement” which is campaigning against the government’s official narrative regarding the terror attack.
Meanwhile, the case of Sean ‘Diddy’ Combs is increasing doubts about things not being as they seem in America. The arrest of the famous rapper and entertainment mogul, who allegedly had wielded dark influences of immense proportions, blackmailed important people, was involved in heinous and covered-up sexual crimes, and twisted the justice system time and again is bringing the spotlight back to the Epstein affair which Musk coincidentally is trying to resuscitate.
Conservatives take central bank’s independence seriously
October 8, 2024: A group of followers of late Luangta Maha Bua has strongly warned the government against politically infiltrating the Bank of Thailand.
The no-nonsense warning came in a letter to Prime Minister Paetongtarn Shinawatra at a time when it appears that the interest rate showdown between the government and the central bank will not end easily and can even intensify.
Also, the selection process related to creation of the bank’s new board has been heavily scrutinised. To add to that, it seems the Pheu Thai administration and the central bank have not seen eye to eye on Digital Wallet, the government’s flagship policy.
“We humbly quote Luang Ta’s sermon (given more than two decades ago) which stated that true power shall belong to the people, not just a few lawmakers who establish themselves as the utmost power-holders who can do anything to trample on the Thai nation. …,” the letter said.
“We urgently urge you the prime minister to avoid bringing politics and people with political hearts to interfere with the job of the Bank of Thailand. Otherwise we the followers (of Luang Ta Maha Bua) will not be able to accept the interference.”
The monk was politically influential during the economic crisis in late 1990s and early 2000s. His gold bar collection campaign was both symbolic and impactful regarding the country’s political course. Government leaders, dominated by the Shinawatras at the time, admitted that the late monk’s crusade underlined “Thai willingness to sacrifice for the nation.”
Is it fair to call her “Reading-from-the-tablet PM”?
October 7, 2024: Like her auntie Yingluck, Paetongtarn Shinawatra now has to depend a lot on notes as public and international functions keep piling up. That has sparked as much criticism as sympathy, which, as expected, go largely in line with political prejudices.
The latest uproar has to do with her bilateral meeting with Iranian President Masoud Pezeshkian at the ACD (Asia Cooperation Dialogue) meeting in Doha where she kept looking at her tablet, not his face, the whole time.
Nothing’s wrong, the sympathisers insist. She was discussing issues with one of the world’s most important men of the hour, and adding to that she was new to global diplomatic language where everything has to be precise. And many world leaders including the US president read from prepared content or prompters.
There’s a fine line between caution and ignorance or unpreparedness, the critics argue. In other words, it’s one thing to check the notes so you don’t give wrong figures or information and it’s another to be seen as you know nothing about what you are talking about. Also, while the audiences don’t feel disrespected when the speech givers read from their notes, the same can’t be said if your conversation partner does that all the time.
The jury is still out on Paetongtarn, but barely just, and the scrutiny is getting more and more intense. The upcoming Asean meeting is always a big stage for any politician with issues she is supposed to know by heart.
Whether she will keep looking at the tablet or not, the rest of Thailand will keep looking at her.
How times have changed, and ideologies evolved
October 6, 2024: As Thailand remembers one of its darkest days, it is also reminded of stark contrasts between then and now.
What happened exactly 48 years ago dented the “Land of Smiles” image badly and provided one of the biggest life lessons for practically everyone. Fighters then gunned for “equality” for the ordinary people and so do their present-day counterparts, but it was the shadow of Karl Marx at the time and it is democracy/capitalism nowadays.
Who should we believe? If the Marxism people were wrong then today’s activists must be right, and vice versa.
We know one thing for certain, which is that any ideology is slippery. Ideological students denounced “Ugly Americans” in those days (because we are young and know better) but their grandchildren are begging to differ and most of them are frowning on Russia and China instead (again, because we are young and know better).
To cut a long story short, before October 6, 1976, a large number of leftists, including students, workers and other activists had been holding vociferous protests or demonstrations against the return from exile of former dictator Thanom Kittikachorn, whose much-hated government crumbled in the October 14, 1973 uprising.
The focus on Thanom, however, turned into a proxy in an escalating ideological conflict, with idealistic demands and issues stacking up and conservative anxiety rocketing about ballooning political influences of strongly-united student activists.
The rest is history, one of Thailand’s saddest events. Angry mobs stormed the Thammasat University, killing and injuring protesting students. Countless activists subsequently joined the communist insurgents in the jungles.
While we Thais reluctantly remembers one of our gloomiest days, we actually want to lock it up in the box of unwanted history. Yet although time changes and ideologies evolve, one fact is unchangeable, which is that revolution and counter-revolution are always accompanied by violence.
Bad news: We are not the friendliest
October 5, 2024: Countless social media clips featuring westerners saying they were “duped” by unpleasant portrayals of Thailand in their own countries apparently helped little, as Bangkok has been named just the fourth friendliest city in the world.
At the first glance, it seems like a big achievement being only after Singapore (1st), Sydney (2nd) and Las Vegas (3rd) in a long, new list of friendly cities, but we are the Land of Smiles for crying out loud. That calls for a bit of entitlement, doesn’t it?
The list was determined by Condé Nast Traveler’s readers, who constituted a credible survey. Several Asian cities have been lauded as the friendliest, but an interesting fact is that while Thailand came third in the “friendliest countries” category, Bangkok was fourth.
So, aside from being behind Singapore, Sydney and Las Vegas, Bangkok appears to have been perceived as comparatively less warm than the rest of Thailand.
This flies in the face of favourable social media content concerning Bangkok and Thais in general. Clips generating hundreds of thousands of views on YouTube highlighted how western tourists thought they were fooled by mainstream reports depicting Thailand as a backwater where visitors must take considerable precautions.
Friendliness is the biggest message in those clips, with western visitors to Bangkok and other parts of Thailand saying they have never found such an overwhelming hospitality anywhere else, even in their own countries. They all said they have never witnessed so much smiling willingness to help foreigners before.
Bangkok and Tokyo (6th) being relatively less friendly than Las Vegas is understandable, though. If they want your money, they always come with big grins and polite gestures.
People’s Party: We won’t weaponise justice against PM
October 4, 2024: If we act against the prime minister, it will not be through the National Anti-Corruption Commission or the Constitutional Court, the main opposition camp has promised.
The assurance from the People’s Party’s secretary-general was apparently based on its “belief” that independent agencies were prone to abuse and hence it will look hypocritical if the party seeks to overthrow Prime Minister Paetongtarn Shinawatra using the apparatus.
The key message from Sarayut Jailak, therefore, is that a non-parliamentary downfall of Paetongtarn will not be the responsibility of the People’s Party.
He strongly suggested, though, that Paetongtarn should enjoy it while it lasts, because nothing would stop his party from being able to form a single-party government after the next election.
His comment about Paetongtarn followed reporters’ expression of curiosity regarding why it seemed the People’s Party never went all-out against the prime minister and her father Thaksin Shinawatra, who many “democracy” lovers say was a victim of political persecution.
From Gaza to Lebanon and back to Israel and then potentially Iran
October 3, 2024: Israel and Iran have been physically and verbally quarrelling for much of the past five decades, but this is the moment where bystanders seriously run for cover.
Pro-Israel media have played down damage caused by Iranian missile attacks on Israel earlier this week, whereas the other side has claimed the opposite, saying the assaults have shown how the “Iron Dome” (Israel’s much-proclaimed air defense system) was overrated.
Whatever the truth is, Israel will definitely respond, and its leader Benjamin Netanyahu said Iran would pay a very heavy price. To add to that, Israel’s allies have been more united behind it than when the innocent Gazans died in large numbers or when Israel and Iran were engaged in previous standoffs.
At first, the world prayed for Gaza and it also prayed that the war did not spread from the territory. Then Lebanon was attacked, and after that Iran fired its missiles, prompting a revenge vow from Israel and no-nonsense pledge of support from the United States.
Let’s give them biggest honour
October 2, 2024: The nation has become sadly harmonised, and that’s the least yet perhaps most meaningful thing Thailand can do for the pure school souls.
For once, newscasters are in gloomy unison without a shred of sarcasm. For once, the social media think truly about others and not themselves. For once, the politicians are sincerely solemn.
We can’t reverse the immense and tragic loss, but we can still give those who have passed away the best honour we can possibly give them. And there is no bigger honour than making the earnest empathy evident at this very moment last.
It will be extremely difficult, especially when the situation might seem to require finding who was (or were) at fault, but we must try.
Pros and cons of “Double Majority”
October 1, 2024: If a country wants to change its Constitution, how many of its citizens have to give consent?
The logical answer is the majority, of course.
The simplicity stops there. The Senate and the House of Representatives disagree with each other over what actually constitutes majority agreement on whether the charter should be or should not be changed.
The Senate thinks more than half of eligible voters have to be involved in saying whether they want changes or not, and then what more than half of those involved think will decide “Yes” or “No” wins. They call it “Double Majority”.
Reasonable, proponents say. If more than half of eligible voters stay home, there is no point making changes that the “majority of Thais” is not interested in. Is it fair to effect constitutional changes that only 20 million people in a 71-million-people nation want?
Much ado about nothing and possibly time-consuming, the opponents argue. How can you give “lazy” people who choose to stay home the right to determine the country’s future? To add to that, if they are dragged out of their homes to vote, they may even vote “Yes (I do want changes)”, which is a huge irony if their absence cancels the whole amendment process.
Also, the proponents say many countries adhere to the “Double Majority” when it comes to public referendums. Check it out, the opponents insist, because most of those countries are republics (with possibly different or clashing needs and cultures) which is what makes “Double Majority” come in handy.
(With ideological divide considerably deep in Thailand, being a republic or not does not quite matter, though, some may argue.)
As for the matter of how long it takes, one side will say what’s the rush and the other will ask what the point is for the delay.
What do you think?
Daily updates of local and international events by Tulsathit Taptim.
