AfricaPress-Tanzania: VIETTEL Tanzania PLC (Halotel) and five senior officials were yesterday arraigned at the Kisutu Resident Magistrates Court in Dar es Salaam facing ten criminal charges, including money laundering and occasioning over 78bn/- loss to the Tanzania Communication Regulatory Authority (TCRA).
The company officials in the dock, who are all Vietnamese nationals, are Son Anh Nguyen (46), the Managing Director, Nguyen Binh Minh (40), a Manager; Ha Min Tuan (39), whose official capacity identified was mentioned as CTO, Vu Van Tiep (30), a Manager, and Nguyen Thanh Cong (35), the Chief Finance Officer.
Other charges against them are leading organised crime, failure to observe assignment requirements, fraudulent use of network facility and fraudulent traffic.
The accused persons were not allowed to enter plea to the charges because they fall under the Economic and Organised Crime Control Act.
Principal Resident Magistrate Thomas Simba, who conducted the proceedings, informed the accused persons that the court lacked jurisdiction to entertain anything, including trying the case and the question of bail because the economic case involved money laundering, which is unbailable offence.
As a result, therefore, the magistrate ordered all accused persons to remain in remand until April 9, 2020, when the case comes up for mention.
Investigations into the matter, according to the prosecution, led by Principal State Attorney Monica Mbogo, are incomplete.
Prosecuting, the trial attorney, who was assisted by Senior State Attorney Wankyo Simon and State Attorney Tilumanywa Magigo, told the court that the accused committed the offences between 2016 and 2020 within United Republic of Tanzania, in particular, in the Commercial City of Dar es Salaam.
It is alleged that on diverse dates between June 8, 2017 and March 26, 2020 at Mikocheni area in Kinondoni District and at various places within the United Republic of Tanzania, jointly and together and with intent to reap profit, all the accused persons intentionally organised a criminal racket.
The court heard that within the same period and places, jointly and together, the accused persons allegedly used radio frequency spectrum with microwave frequency of two different channels without obtaining relevant individual assignment from TCRA.
It is alleged also that between July 7, 2016 and March 26, 2020 at Mikocheni area and various places within the country and unknown places within the Socialist Republic of Vietnam, all accused persons created a system designated to fraudulently use network facility, which is Virtual Private Network (VPN).
The prosecution alleged that within the same period at Mikocheni area in Dar es Salaam, with intent to avoid payments to TCRA, the accused persons fraudulently used telecommunication facilities by setting up VPN connection between Viettel Tanzania PLC and Vietel Vietnam.
On diverse dates between June 8, 2017 and March 26, 2020 at Mikocheni area in Kinondoni District and at various places within the United Republic of Tanzania, by their willful acts, the accused persons allegedly used the radio frequency channels, thereby causing TCRA to suffer pecuniary loss of 75bn/-.
The prosecution alleged that between July 7, 2016 and March 26, 2020 at Mikocheni area and various places within Tanzania, by their willful acts, the accused created the system designated to fraudulently use network facility to Socialist Republic of Vietnam, thus causing loss of 3,036,000,000/- to TRCA.
The Halotel officials were charged with money laundering in that within the same period and places in Tanzania, they acquired 3.036bn/- while knowing at the time of acquisition the money was proceeds of predicate offence of fraud and related offences and participating in organised criminal group and racketing.
Viettel Tanzania PLC was also separately charged with money laundering involving the same amount.
The court heard further that between June 8, 2017 and March 26, 2020 at Mikocheni area in Kinondoni District, company officials and Halotel, respectively, acquired a total of 75bn/-.
The prosecution alleged that at the time of such acquisition, the money involved was proceeds of predicate offence of participating in an organised criminal group and racketing.
Immediately after the court session, TCRA Director of Legal Services, Mr Joannes Karungura, sounded a strong warning to mobile service provider companies to follow the required procedure and laws of the land in conducting their duties for the interest of both parties.
He warned that no one will be spared if caught violating laws.
“We urge them to follow the laws of the land and pay the exact revenues as required by the rules and regulations. This is the third time the company is involved. To show that we are serious, we will not spare anyone,” he warned.
