The risk-return tradeoff is the trading principle that links high risk with high reward. If you want to achieve a high reward, you must take a high risk willingly. It is definitely a high risk when you get in such as an oil and gas industry.
We can not always meet and cooperate with the nice guys in business world, especially when there are great amount of money involved. Indeed, business can be very tough, and rough. We can learn this from the Chong Ket Pen's scandal.
What is The Scandal?
Major shareholder of Protasco Berhad, Global Capital Limited filed a civil suit against the company’s Group Executive Vice-Chairman and Managing Director, Dato’ Sri Chong Ket Pen for alleged abuse of power.
This case makes the oil and gas industry of neighboring countries Indonesia and Malaysia is currently being a highlight.
The suit revolves around an Investment Guarantee Agreement initiated by Chong Ket Pen with an Indonesian venture capital and asset management company Global Capital Limited on November 3rd, 2012.
Chong Ket Pen, under his personal capacity approached Global Capital Ltd to assist in buying over major shares of Malaysia’s Protasco Bhd from its former beneficial owner – also known as business take-over.
In return, shall nominate Global Capital Ltd’s investors as Board member in Protasco Bhd, and all that he wanted is to maintain his position as the company’s Group Managing Director.
In the deal, Chong Ket Pen assured Global Capital Ltd that he will propose to the Board of Protasco Bhd to undertake a new oil and gas business subsidiary. Following that, Global Capital Ltd acquired a 27.11% stake in Protasco for USD 24 million or a 33% premium over the market price.
The acquisition of the shares at a huge premium was a risk for the plaintiff, given the performance and financial situation of Protasco Bhd. Nevertheless, that risk was undertaken, given that the plaintiff was under the impression that their investment was protected by the assurance given by the defendant, inter alia his guarantees and obligations under the Investment Guarantee Agreement.
Soon after, Protasco Bhd announced that it was set to buy 76% of equity interest of an Indonesian oil and gas company, PT Anglo Slavic Utama (PT ASU) with a value of USD 55 million (Rp800 billion). The deal, however, did not materialize due to non-fulfillment of conditions.
The Indonesia-based company is claiming USD 88 million from Chong Ket Pen over his act of contract breach, including loss of investment and future profits for the stake in Protasco Bhd.
Subsequently, it was discovered that Chong Ket Pen had made the proposal for the transaction of Protasco Bhd’s shares without disclosing to the Board that he has personal interest in obtaining control over the company, through the Investment Guarantee Agreement.
Following this discovery, Chong Ket Pen maneuvered by putting the blame on Global Capital Ltd’s investors under the limelight in 2014 on allegations of criminal breach of trust due to the non-disclosure of interest in a transaction involving USD 20.3 million.
They, however, were granted a discharge not amounting to an acquittal by the sessions court in September 2017, which also proved what was brought by Chong Ket Pen as sham documents. Ouch, that is really hurt! You know, I hate liar very much.
Read this article: I Have Zero Tolerance for Liar!
Bursa Malaysia public information also revealed that Chong Ket Pen has been drawing unrealistic remunerations from Protasco Bhd at the peak of USD 576,000 in 2017 and USD 1 million in 2016 respectively, after he gained control over the company.
What We Can Learn From Here?
The suit is waiting for justice. I wish the best for all. Because this scandal gives the wide impact for both countries. Just prepare ourself to know well our business risks as careful as counting the expected profit.