For two years, the giants demanded 122 billion dong to save money

On January 25, Mr. Toan, a resident of Hang Tre Street, Hoan Kiem District, handed him VnExpress I know that I am a great investor in many fields, often sending short-term savings to banks. In 2017, through social relationships, she met Nguyen Thi Ha Thanh when she appeared as a fundraiser for four major banks in Hanoi.

In early 2018, Mr. Toan participated in the land auction in an urban area in Thanh Hoa province with a starting price of VND 512 billion. Because the auctioneer requires the participating company to have experience in large projects, Toan’s business does not meet the conditions.

Thanh introduced him to meet with Nguyen Thanh Tung (an accessory in the Thanh bank fraud case) to borrow the legal entity of Tung’s MHD construction company. Then Mr. Toan used the legal entity MHD to deposit more than VND 52 billion to advance and participate in the auction, but it failed. The money is returned.

“These 52 billion dong, I deposited into three savings books at PVComBank. When I found out that he had money, Thanh proposed to borrow the savings book to raise capital for the bank, committing to pay the correct interest rate on the bank. which is currently the bank. I gave the three books to Thanh and received this interest. Then it happened that Thanh forged his signature, compromising my savings book to borrow from the bank, “Toan said.

After a long time at work, in March 2019 PVComBank returned three savings books to Mr. Toan. “PVcomBank issued guidance documents four times to resolve the matter, committing to pay when the investigation agency’s conclusion becomes available, but the money is still stagnant,” Toan said.

The giant also deposited a 20 billion VND savings book with VietABank, 4 savings books worth 50 billion VND at NCB National Bank. In this year, Toan gave Thanh Cam to receive “a bonus equal to the interest rate of the bank.” In the first few months, he was paid the interest in full, but since Thanh was arrested (in late 2018) this has stopped and he has not been able to withdraw his savings.

“During two years of asking for help everywhere, I was ‘stuck’ with a total of 122 billion VND in three banks. Family life, businesses were disrupted. The bank is frozen,” Toan said.

What Mr. Toan mentioned is the content of defendant Thanh’s chain of bank fraud. On January 4, Hanoi VKSND indicted Thanh, Tung and 17 former bank officials, after a two-year investigation.

According to the indictment, the defendant Thanh asked the couple to send money to the NCB or PVComBank and then hand over the savings book to him to manage. Thanh will pay the out-of-contract interest rate of 4.2% per month (many times higher than the bank interest rate). When it expires, Thanh will return his passbook to Mr. Toan so he can go to the bank to withdraw principal and interest.

When he obtained Toan’s passbook, Thanh used it as collateral, then forged his signature and fingerprints to impersonate money borrowed from banks. With the above tricks, Thanh appropriated VND 47.5 billion from NCB Bank and VND 49.4 billion from PVComBank. “Thanh’s behavior was helped by many bank employees,” determined the prosecutor’s agency.

The bank reported Mr. Toan knowing that Thành used his savings book to cheat and steal money from the bank. However, upon verification, the authorities concluded that Thanh and Tung concealed Toan’s fake signature. The litigation agency said there was insufficient evidence to show that Toan made a commitment to Thanh to appropriate the money as reported by the bank, according to the indictment.

PVComBank said in the last move that the three passbooks are evidence of a criminal case, so they cannot pay. However, the indictment did not specify whether the 52 billion VND savings deposited with PVComBank were evidence of the case or not.

Prior to the information from the indictment, Toan confirmed that she did not compromise her passbook to obtain high interest rates as she claimed. During the process of working with the investigating agency, he mentioned that Thanh claimed to be an employee of the bank, giving evidence. “However, this content was not recorded in the indictment,” said Mr. Toan.

“I am just a normal savings customer, so my only wish is that in the next trial process, the court will force the banks to pay the principal, interest and interest due on the savings deposit and restore my honor.” Toan said.

From a legal perspective, lawyer Truong Anh Tu (president of the TAT law firm) A passbook is a secure financial instrument and the bank is responsible for managing deposits. This is understood as a real estate loan agreement. After the customer deposits the money, the bank becomes the owner of the money and takes it at risk.

Unfortunately, if the passbook “falls” into the hands of other people, no one can take advantage of it because only the owner or an authorized person can pay or commit to credit activities.

In the case caused by Thành, lawyer Tu said that the defrauded was a bank (the victim). Toan and his wife still consider themselves savings depositors. When a deposit is lost, the bank is responsible for returning both principal and interest to the client as prescribed.

In the case of not withdrawing the savings, Toan and his wife can sue the bank, claim compensation in other civil cases, because according to article 87 of the Civil Code “The legal person must assume civil responsibility for the fulfillment of the civil rights and obligations established and carried out by its representative on behalf of the legal person “.

For those who send large sums of money, the lawyer recommends inviting the redundant unit to the bank to set up the violation for the entire transaction process.

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