Yusfiyanto is a partner with the Fraud, Asset Recovery & Investigations Practice at Rajah & Tann LLP. He was called to the Singapore bar in 2003 and joined the firm’s Commercial Litigation Practice Group in 2011.
With over two decades of practice in criminal litigation, Yusfiyanto has amassed considerable experience in criminal defence work. He specializes in financial and economic crimes, corruption and regulatory offences. Over the years, he has acted for clients in criminal and enforcement proceedings at State Court and High Court level, in hearings, trials and appeals.
Yusfiyanto regularly acts for companies and businesses prosecuted for regulatory offences by various government agencies.
Outside of court proceedings, Yusfiyanto provides advisory work and services to companies and businesses. He advises clients in investigations into fraud, misappropriation of assets and funds, anti-corruption practices, disclosure obligations and regulatory and compliance matters.
Yusfiyanto’s broad range of criminal practice extends to ‘blue’ collar crime cases, including representing clients in capital offences in the High Court. Apart from defence counsel work, he conducts private prosecution proceedings on behalf of individual and corporate clients.
Yusfiyanto had served on the Supreme Court of Singapore’s panel of assigned counsel in Legal Aid Scheme For Capital Offences (‘LASCO’) and as advocacy trainer for the Law Society of Singapore. Over the years, he has served as a volunteer for the Subordinate Courts Criminal Legal Clinic and the Law Society of Singapore Criminal Legal Aid Scheme (‘CLAS’).
EXPERIENCE
- Advising on and conducting internal investigations for major Asia Pacific companies, including filing criminal complaints and suspicious transaction reports to various government authorities and agencies, including the Commercial Affairs Department (‘CAD’).
- Advising several financial institutions in relation to multi-million-dollar trade financing fraud committed by a Singapore commodity trading house.
- Advising and representing foreign parties in relation to the release of US$42.5 million in bank accounts seized by the CAD under the Criminal Procedure Code (‘CPC’).
- Advising a publicly listed company in Singapore in relation to internal investigations of fraud committed against its Indonesian subsidiary and reporting and disclosure obligations to Singapore Exchange (‘SGX’).
- Advising a shipping company in respect of internal investigations over fraud and dishonest misappropriation of over US$1 million by its senior employees.
- Representing a foreign trading company in relation to the release of over US$400,000 in a bank account seized by the CAD under the CPC and Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.
- Representing a director of an established IT company who was prosecuted for numerous cheating offences committed against a financial institution, involving over S$2.5 million.
- Representing a director-shareholder of an established construction company who was prosecuted for breach of director’s duty and numerous charges of falsification of accounts relating to transactions worth over S$1 million under a credit facility.
- Representing a director of an import and export company who was prosecuted for cheating a financial institution of US$500,000.
- Representing the assistant general manager of a well-established club who was prosecuted for misappropriating club funds amounting to over S$500,000.
- Representing an individual in criminal prosecution of the largest ever syndicated GST and tax fraud case in Singapore.
- Successfully representing a former director-shareholder of a leading metal fabrication company in criminal prosecution for corruption offences by the Corrupt Practices Investigation Bureau (“CPIB”), resulting in an acquittal of all charges at trial.
- Successfully representing a former assistant manager of a well-known foreign company registered in Singapore in the construction and engineering industry in criminal prosecution for a cheating offence by the CPIB, resulting in an acquittal at trial.
- Successfully representing a foreign national who was team leader of a Russian syndicate operating in United States, Europe and Macau in an appeal against sentence in connection with charges of cheating Singapore casinos under the Casino Control Act.
- Representing a shareholder and director charged for corruption charges by the CPIB in the much publicised corruption scandal involving Moove Media and ComfortDelgro.
- Representing directors of a local company charged for bribery offences by CPIB in connection with the much publicised corruption scandal involving Wildlife Reserves Singapore.
- Representing an individual charged by the CPIB for corruption offences in the much publicised football match-fixing case.
- Representing a grassroots leader with a distinguished public service record who was prosecuted for misappropriating grassroots funds.
- Advising the managing director of a private educational business group in a rare prosecution under the Multi-Level and Pyramid Selling (Prohibition) Act.
- Representing an individual in one of the first prosecutions for offences under the Organised Crime Act.
- Representing individuals prosecuted in Court for offences under the Remote Gambling Act.
- Representing sole proprietors of licensed moneylending businesses who were prosecuted by a government agency for numerous offences under the Moneylenders Act and Moneylenders Rules.
- Successfully resisting an extradition request from the United States of America in highly contentious and complex extradition proceedings.
- Appointed external counsel for advising and representing a local port authority in relation to investigations or prosecution by various government agencies.
- Representing a regional subsidiary of a foreign government linked company in prosecutions by a government agency for regulatory offences.
- Representing major Asian construction and engineering companies and its employees prosecuted in Court by the Ministry of Manpower for offences under the Work, Health & Safety Act (‘WHSA’).
- Representing an engineer prosecuted in Court for offences under the WHSA and Building Control Act in the much publicised PIE viaduct collapse case.
- Representing a company in one of the first prosecutions by a government agency for exportation of hazardous materials under the Hazardous Waste (Control of Export, Import and Transit) Act.
- Representing major construction companies in court prosecutions by the Energy Market Authority for alleged offences under the Gas Act.
- Representing major corporations in court prosecution by the National Environment Agency for alleged offences under the Environment Protection and Management Regulations.
- Representing a director of an established educational institution for offences under the Employment of Foreign Manpower Act 1990.
- Representing individuals detained without trial by the Criminal Investigation Department and Minister for Home Affairs under the Criminal Law Temporary Provisions Act.
- Successfully representing an individual whose capital offence of culpable homicide was reduced in the much publicised fatal AYE case of driving against traffic.
- Successfully representing a senior human resource executive from Ministry of Social and Family Development who was originally charged for the capital offence of murder.
- Successfully representing a South Korean national in a capital offence of syndicated drug trafficking.
- Representing individuals in the much publicised online vice ring cases.
- Advising and representing corporate entities and individuals in prosecution under the COVID-19 (Temporary Measures) Act.
Selected Reported Judgments
- Public Prosecutor v Lee Jun Xiao [2022] SGDC 146 (money laundering case)
- Public Prosecutor v. CPG Facilities Management Pte Ltd [2021] SGDC 28 (prosecution under WSHA)
- Public Prosecutor v. Lim Chai Heng [2020] 3 SLR 1275 (widely reported AYE traffic case of committing a rash act not amounting to culpable homicide)
- Logachev Vladislav v. Public Prosecutor [2018] 4 SLR 609 (one of the first prosecutions under the Casino Control Act)
- Public Prosecutor v Lai Tuck Meng and Tan Jwee Shen [2016] SGDC 13 (bunkering case regarding stolen marine fuel oil)Pu
- Public Prosecutor v. Hergobind s/o ArjandasGoklani [2014] SGDC 398 (money laundering and receiving stolen property)
- Public Prosecutor v Ding Si Yang [2014] SGDC 295 (major international match fixing case)
- Public Prosecutor v Lee Pit Chin [2013] SGDC 188 (unlicensed money lending business)
- Wong Yuh Lan v Public Prosecutor & other matters [2012] 4 SLR 845
- Public Prosecutor v Lim Yong Nam [2012] 2 SLR 596
- In the Matter of Wong Yuh Lan, Lim Yong Nam, Lim Kow Seng & Hia Soo Gan Benson [2012] SGDC 34 (widely reported extradition case relating to components found in Improvised Explosive Devices (IED) recovered in Iraq)
- Public Prosecutor v. Tan Thiam Wee [2011] SGDC 427 (cheating case)
MEMBERSHIPS / DIRECTORSHIPS
- Member, Inquiry Committee, Law Society of Singapore
- Volunteer, Criminal Legal Aid Scheme, Law Society of Singapore
- Member, Public Defenders Board, Public Defender’s Office, Ministry of Law