Fugitive financier Ben Smith refuses to return to Thailand after the Criminal Court issues arrest warrants. Police say he’s in the UAE as investigators review new evidence and consider Interpol action while his lawyer questions the probe and claims politics may have become a factor in the case against his client.
A high-powered lawyer for South African financier Ben Smith said Tuesday his client will not return to Thailand. Witoon Kengngan alleged political pressure behind the priority now given to the case being built by police and state agencies. He also signalled a possible legal challenge to arrest warrants just issued for Mr Smith and his wife. Meanwhile, Pol. Maj. Gen. Anek Taosupap of the Economic Crime Suppression Division confirmed Mr Smith, believed to be in the United Arab Emirates, will face arrest if he returns. The senior officer added that Interpol notices are under review by investigators.
The lawyer representing South African financier Ben Smith said this week that his client will not return to Thailand. The statement followed the issuance of arrest warrants by the Criminal Court earlier this week.
The warrants target Mr Smith under several identities. He is also known as Benjamin Mauerberger and Benjamin Bauerberger. Consequently, Thai police now hold legal authority to arrest him if he enters the country.
Mr Smith’s lawyer, Witoon Kengngan, on Tuesday addressed reporters after the warrants became public. He stated firmly that his client will not travel to Thailand. Instead, he indicated that Mr Smith intends to remain abroad. However, the lawyer also raised concerns about the investigation itself. In particular, he questioned the priority the case is receiving from the Central Investigation Bureau.
Lawyer questions priority and political pressure after arrest warrants issued for financier Ben Smith
According to Mr Witoon, the investigation appears to be moving with unusual speed and visibility. Therefore, he suggested the possibility of a political dimension. He did not present direct evidence. Nevertheless, he indicated that the pace of the case raised questions. Furthermore, he noted that the Central Investigation Bureau is giving the matter strong attention.
The Central Investigation Bureau operates under the Royal Thai Police. It supervises complex criminal investigations nationwide. Meanwhile, its Economic Crime Suppression Division is leading the operational inquiry in this case.
That division specialises in financial crimes and economic offences. Consequently, it often handles cases involving fraud, financial manipulation and cross-border financial dealings.
Mr Witoon also questioned the legality of the arrest warrants issued by the Criminal Court. Specifically, he suggested that the process used to obtain them could face scrutiny. Therefore, the defence intends to review the warrants carefully. However, he did not provide detailed legal arguments at this stage. Instead, he indicated that the legal team will examine the court documentation closely.
Part of the defence team’s claims is that the new evidence against Mr Benjamin Smith, or Mauerberger, is in fact a civil matter. It is being suggested that pressure is being applied politically. At the same time, Mr Mauerberger is known to be friendly with Deputy Prime Minister Thamanat Prompow, a powerful political maverick in Thai politics.
Nevertheless, this week, Mr Thamanat made clear that the latest charges against Mr Smith predate his friendship with the financial adviser.
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Notably, Mr Witoon is known for involvement in major criminal cases. Previously, he represented defendants in the high-profile Icon Group fraud case. That case drew national attention and involved extensive financial allegations. Consequently, his comments regarding the current investigation attracted notice within legal circles.
Meanwhile, Thai police confirmed that the arrest warrants remain active. Authorities say the court orders provide legal grounds to detain Mr Smith if possible. Furthermore, the warrants enable investigators to pursue him internationally if required. Police say the investigation has intensified after the discovery of additional evidence.
On Wednesday, Pol. Maj. Gen. Anek Taosupap briefed reporters about the case. He serves as commander of the Economic Crime Suppression Division. During the briefing, he confirmed that the Criminal Court had issued arrest warrants earlier this week. As a result, investigators are authorised to proceed with enforcement actions.
Furthermore, Pol. Maj. Gen. Anek said international law enforcement measures are under consideration. In particular, Thai authorities may request Interpol Red notices. Such notices alert police agencies worldwide to the presence of a suspect. Consequently, they can support international cooperation between law enforcement agencies.
Police confirm Interpol red notices under review as suspect financier believed to be in UAE
However, officials have not yet confirmed whether such notices have been formally requested. Instead, they indicated that the option remains under review. Investigators are currently examining the legal framework for international action. Meanwhile, police continue gathering information connected to the investigation.
Authorities also confirmed that they know Mr Smith’s current location. According to police, he and his wife are presently in the United Arab Emirates. Officials disclosed this information during the Wednesday briefing. However, they declined to specify the city where the couple is located.
Similarly, police did not say how long Mr Smith has been in the United Arab Emirates. Nevertheless, they confirmed that investigators are aware of his presence there. Consequently, authorities may explore international cooperation mechanisms if necessary. For now, however, officials say the investigation remains focused on evidence gathering.
The case has attracted attention because of Mr Smith’s profile in Thailand. Over the past decade, he developed connections within business and political circles. During that period, he gained a reputation as a financial fixer. Some individuals viewed him as a facilitator capable of arranging complex financial deals.
South African financier built a reputation in Thai business and political circles over the past decade
As a result, Mr Smith became known among certain figures in the country’s leadership networks. Over time, he developed a reputation for solving complicated financial problems. In addition, some contacts described him as someone who could get things done quickly. Others associated him with reliability and probity.
Consequently, his name appeared periodically in discussions involving financial arrangements and negotiations. These activities contributed to his visibility in influential circles. However, investigators are now reviewing those activities in detail. Police say newly discovered evidence has prompted renewed scrutiny.
According to police sources, the investigation intensified after the emergence of additional evidence. That material reportedly relates to alleged financial wrongdoing. However, authorities have not disclosed the exact nature of the evidence. Instead, they emphasised that the inquiry remains ongoing.
As a result of the new information, investigators sought arrest warrants from the Criminal Court. Judges reviewed evidence submitted by the Economic Crime Suppression Division. Subsequently, the court approved the warrants against Mr Smith. This decision marked the most significant legal step taken so far in the case.
Criminal court approves arrest warrants after new evidence presented by economic crime police
However, police have not publicly outlined the specific charges involved. Officials also declined to release detailed descriptions of the alleged wrongdoing. Nevertheless, investigators say the evidence justified seeking court authorisation. Consequently, the warrants were issued earlier this week.
Meanwhile, Prime Minister Anutin Charnvirakul addressed the matter during remarks to reporters. He stated that the case is entirely a matter for the Royal Thai Police. According to the prime minister, the government is not directing the investigation. Instead, he emphasised that law enforcement authorities must manage the case independently.
However, Mr Anutin also said the investigation must proceed. He stressed that credible allegations of wrongdoing require examination. Therefore, he indicated that police should continue their work without interference. At the same time, he avoided discussing specific operational details.
Prime minister says investigation into Ben Smith is solely a matter for the Royal Thai Police
Meanwhile, police commanders emphasised that investigators are following established procedures. The Economic Crime Suppression Division is reviewing financial records and related documents. Additionally, investigators are examining possible connections between individuals involved in relevant transactions.
Consequently, authorities are analysing documentary evidence linked to Mr Smith’s activities. Financial records and associated materials are under review. Investigators say this work will continue as the inquiry progresses. Additional evidence could emerge during this process.
Furthermore, police are assessing relationships between individuals connected to Mr Smith. These connections developed during his years operating in Thailand. Some of those contacts reportedly involved financial arrangements and advisory roles. Therefore, investigators are examining the context of those dealings.
Meanwhile, the case remains under the supervision of the Central Investigation Bureau. This bureau coordinates complex criminal investigations across Thailand. It also works closely with specialised police divisions. Consequently, the Economic Crime Suppression Division is responsible for operational aspects of the inquiry.
Economic Crime Suppression Division reviews financial records and contacts linked to the suspect financier
Police say the investigation is still developing. Officials declined to outline a timeline for possible next steps. However, they indicated that further legal actions may occur depending on the evidence.
At the same time, Mr Smith’s lawyer continues to challenge aspects of the case. Mr Witoon reiterated that his client will not return to Thailand. Therefore, any potential arrest would require international cooperation.
Additionally, the lawyer repeated concerns regarding the arrest warrants. He suggested that legal questions may arise about the process used to secure them. Consequently, the defence intends to examine the court documents carefully.
However, police insist the warrants were obtained lawfully. According to investigators, the Criminal Court reviewed the evidence before granting authorisation. Only after that review did judges approve the arrest warrants.
Arrest warrants issued under Thai law allow police to pursue the suspect financier internationally
Under Thai law, investigators must present evidence linking a suspect to alleged offences. Judges then decide whether that evidence justifies issuing a warrant. In this case, the court concluded that the legal threshold had been met.
As a result, the warrants now remain in force. They permit police to arrest Mr Smith if the opportunity arises. Additionally, they provide a basis for possible international cooperation.
Meanwhile, the broader investigation continues in Thailand. Authorities say they are examining financial records connected to the case. Investigators are also analysing documents linked to alleged transactions.
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Consequently, the case remains active with police identifying new potential victims and complaints against the South African. Police expect further investigative work in the coming weeks. However, officials say updates will be provided only when appropriate.
For now, the central development remains the arrest warrants issued by the Criminal Court. Mr Smith remains outside Thailand, currently in the United Arab Emirates. Meanwhile, Thai police continue reviewing evidence. Certainly, they are actively considering possible international measures should the circumstances warrant it.
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Further reading:
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Former cabinet minister and Pheu Thai highflyer clarifies Ben Smith and luxury Gulfstream jet story
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