1 MDB-Malaysia
1 MDB-Malaysia
1 MDB-Malaysia
Presentation By :
MOHAMAD ZAMRI BIN ZAINUL ABIDIN (CFE ,CFI, CeIO)
DEPUTY C OMMISSIONER
AMLFOP DIVISION
MACC HEADQUARTERS
PUTRAJAYA, MALAYSIA
MALAYSIAN ANTI-CORRUPTION COMMISSION
MACC INVESTIGATION
& ASSET RECOVERY
“EXPERIENCE SHARING IN
RELATIONTO 1MDB CASE”
MALAYSIAN ANTI-CORRUPTION COMMISSION
The 300ft superyacht Equanimity built for US$250 million with money from the
2012 1MDB bond issues and a 2014 Deutsche Bank loan to 1MDB.
MALAYSIAN ANTI-CORRUPTION COMMISSION
Introduction
MACC started investigation of 1MDB in 2015 in collaboration with
Royal Malaysia Police (RMP) and Central Bank of Malaysia. To
c oordinate and fac ilitate investigation, Task Force was formed and
led by the Attorney General of Malaysia. MACC focus on the
investigation of the RM2.6 billion credited into Prime Minister of
Malaysia, Najib Razak (NR) personal’s account, while RMP
concentrating on other cases related to 1MDB.
MALAYSIAN ANTI-CORRUPTION COMMISSION
Issues?
1) Mechanisms of Hiding the Money
Trail
2 3 4 Option
Phase 1 Good Star Aabar-BVI Tanore
Buyback
Source of RM5 bil Islamic Medium Term Notes First and second USD3.5 bil bond
Third USD3 bil bond underwritten by
USD1.23 bil syndicated loan from
(IMTN) underwritten by underwritten by banks led by
Funds AmBank (M) Berhad Goldman Sachs International
Goldman Sachs International
Deutsche Bank Singapore
Amount
USD1.83 bil USD1.37 bil USD1.26 bil USD850 mil
Diverted
slides 3-
5 TOTAL AMOUNT: USD373.51 mil TOTAL AMOUNT: USD457.04 mil TOTAL AMOUNT: USD1.11 bil TOTAL AMOUNT: USD270.6 mil
12
Phase 1: Good Star Phase
I II III IV V
Source of Funds Main Recipients Sub Recipients POI Assets Involved
Purpose: 1. *Wolf of Wall Street
40:60 JV between 1MDB and 2. L’ermitage Property
PetroSaudi Holdings (Cayman) 3. Park Laurel Condominium
Limited to exploit energy concession 4. *Hillcrest Property 1
rights in Turkmenistan and Argentina Good Star Limited 5. *Stratton Penthouse &
owned by PetroSaudi B/O: Low Taek Jho
AmPrivate Banking – MR Flat
Between 30/09/09 – 25/10/11
23/02/11 & 14/06/11 6. Qentas Townhouse and
USD1,030,000,000
11116073, RBS Coutts, USD19,999,940 Parking Space 2
Switzerland (EM60,629,839.43) 7. Time Warner Penthouse
Tarek Obaid 8. Palantir Technologies
05/10/09 9. EMI Music
USD 85,000,000 1. 2 transactions between 23 10. Viceroy Hotel Group
Unknown A/C, JP Morgan
RM 5 Billion IMTN (Suisse), Geneva – 24 Feb 2011 and 11. Bombardier Jet
between 13 – 14 June 12. *27 Ladbroke Square
(AmBank) to 1MDB Prince Faisal Bin Turki 2011 in the value of
18/02/11 & 10/06/11
USD25,500,000
USD9,999,970
SA5320000002550041759941, (RM30,179,909.46) and TOTAL PURCHASE AMOUNT
Issuance of Bond: Riyad Bank, Saudi Arabia USD9,999,970 = Approx. USD401,978,029.18
1. TIA/1MDB: 1MDB-PetroSaudi Limited
Entities beneficially owned by (RM30,449,929.97)
RM4,386,000,000 Between 30/09/09 – 14/09/10 respectively *Rights seized by DOJ. Red Granite
Jho Low & Eric Tan i.e Alsen
2. Secondary Subscribers:
USD800,000,000
Chance, ADKMIC Pictures paid settlement of
7619400, JP Morgan
a. Country Group (Suisse), Switzerland >USD550,000,000 USD60,000,000 to the US
Securities (CGS): GBP Bank Accounts in UK Government (Source: The Guardian)
USD1,300,000 and Switzerland
i. ACME 27/05/10 – 04/08/10 Official Conduct
Time GBP 53,000,000
Limited Unknown Account, Rothschild 1. Issuing of Federal
Private Bank (Switzerland) and
(through Government Guarantee
Royal Bank of Scotland (UK)
a Put (1st April 2009)
Option Red Granite Productions 2. Directing Board of
Agreeme 12/04/11 – 10/09/12 Members on the JV
USD10,173,104
nt with 123284291, Citi National Bank,
CGS): USA
USD113, Interest on Lawyers Accounts
426,210. (Sherman & Sterling)
73 21/10/09 – 13/10/10
b. Aktis Capital USD 368,539,770
Singapore: 9951714384, Citibank, USA
RM82,900,000
Approx. USD 480m
3. Fees and Trading Gains
unaccounted for
(AmBank & AmInvestment
Bank: RM81,500,000
13
Phase 2: Aabar-BVI Phase
I II III IV IV
Source of Funds Main Recipients Sub Recipients POI Assets Involved
Purpose: 1. Matching Diamond Ring
Acquisition of Tanjong and Genting Red Granite Capital and Earrings
power assets 18/06/12 – 14/11/12 2. Metropolis Poster
Acquisition of Tanjong Energy USD238,000,000 3. Dumb and Dumber To
Acquisition: USD785,670,000
6C02250A, BSI Bank, 4. Daddy’s Home
Singapore AmPrivate Banking – MR 5. Park Laurel Condominium
Transaction Cost: USD192,500,000
Working Capital/Corporate Spending: 30/10/12 & 19/11/12 6. Hillcrest Property 1
USD30,000,000
USD194,886,510
2112022009694, AmIslamic
7. Qentas Townhouse and
Bank Berhad Parking Space 2
Goldman Sachs bond Aabar Investments PJS Limited Blackstone Asia Real 8. Oriole Mansion
9. Walker Tower Penthouse
issuance of USD 1.75b (Aabar BVI) Estate Partners
Official Conduct 10. Laurel Beverly Hills
by 1MDB Energy 22/05/12 28/05/12 – 14/12/12
Mansion
80009830, Falcon Private Bank, USD576,943,490 USD637,000,088 Approval on Proposed Acquisition
Hong Kong 81134378.200, BSI AG, Lugano 01-7-026066-6, Standard of the Entire Equity Interest in 11. Greene Condominium
Chartered Bank, Singapore 12. Hillcrest Property 2
Tanjung Energy Holdings Sdn Bhd up
25/10/12 to RM10.6B – 9 Feb 2012 13. One Madison Park
USD285,000,000 out of Condominium
the USD291,243,827
14. Viceroy Hotel Group
Goldman Sachs bond Aabar Investments PJS Limited
received
15. Electrum Group
issuance of USD 1.75b (Aabar BVI) Fund BV
by 1MDB Energy Langat 19/10/12 23/10/12
80010060, Falcon Private Bank, USD790,350,000
USD291,243,827
Hong Kong 81134378.200, BSI AG, Lugano
0020041322, ING Bank N.V.,
TOTAL PURCHASE AMOUNT
Netherlands = Approx. USD482,234,325
Acquisition of Genting Energy 25/10/12 – 09/11/12
Acquisition: USD709,860,000 USD170,000,000 out of
Transaction Cost: USD110,000,000 the USD173,581,889
Working Capital/Corporate Spending: received
Enterprise Emerging
USD139,790,000
Market Fund
23/10/12 & 07/11/12
USD173,581,889
0020009852, ING Bank N.V.,
Netherlands
14
Phase 3: Tanore Phase
I II III IV IV
Source of Funds Main Recipients Sub Recipients POI Assets Involved
15
Phase 4: Option Buyback Phase
I II III IV IV
Source of Funds Main Recipients Sub Recipients POI Assets Involved
Vista Equity
Aabar International Investments International Partners
Limited (Account 1 & 2) Limited
USD191,773,000 27/10/14 – 07/11/14
(USD71,773,000 to Account 1 & USD120,000,000
USD120,000,000 to Account 2) 1021120012020101,
Amicorp Bank and Trust
Limited, Barbados
16
MALAYSIAN ANTI-CORRUPTION COMMISSION
DOMESTIC COOPERATION
MALAYSIAN ANTI-CORRUPTION COMMISSION
BENEFITS OBTAINED
SHARING FACTS & EVIDENCE – SOME FACTS ARE NOT BEING DISCLOSED
UPON OFFICIAL REQUEST MADE BY ATTORNEY GENERAL CHAMBERS OR
VIA EGMONT CHANNEL.
1MDB
NEW MANAGEMENT
Appointment
• On 25 June 2018, 1Malaysia Development Berhad (“1MDB” or
“the Company”):
1) Formed the Executive Committee (“EXCO”)
2) Appointed members of EXCO:
- Dato’ Mohammad Faiz Azmi
- Datin Rashidah Mohd Sies
- Dato’ Wan Mohd Fadzmi Wan Othman
Title Detail
Case SRC International
Suspect Former Prime Minister, Najib Razak
Date 4 July 2018
Charge Was charged with three counts of Criminal Breach Of Trust
Section 409 under Penal Code, and one count of Power Abuse
in misappropriating RM42 million in funds from SRC International,
Section 23 under Malaysian Anti-Corruption Commission Act
2009.
Title Detail
The 300ft superyacht Equanimity built for US$250 million with money from the
2012 1MDB bond issues and a 2014 Deutsche Bank loan to 1MDB.
MALAYSIAN ANTI-CORRUPTION COMMISSION
MALAYSIAN ANTI-CORRUPTION COMMISSION
Title Detail
Charge Malaysian Anti Corruption Commission (MACC) and 21 charge under Section (4) (1)
AMLATFA 2001 by Royal Malaysian Police (RMP)
21 charge under Section (4) (1) AMLATFA 2001 by Royal Malaysia Police
MALAYSIAN ANTI-CORRUPTION COMMISSION
Title Detail
Case Receive 2 cheques from former Prime Minister, Najib Razak amounting to
RM9.5 million
Suspect Shafee Abdullah, lawyer of former Prime Minister Najib Razak
Four charges of receiving money from the proceeds of illegal activities under
Charge Section 4 (1) (b) of the Anti-Money Laundering and Anti-Terrorism Financing Act
(AMLA) 2001 by Malaysian Anti Corruption Commission (MACC) .
2. Second charge, Shafee was accused of receiving another cheque of the same
nature and from the same sender on February 17 2014, this time amounting to
RM5.2 million.
3. Third charge of not declaring his earnings accurately for the financial year that
ended on Dec 31 2013, in which he did not include the RM4.3 million in his tax
filings.
Title Detail
Suspect Rosmah Mansor, wife of former Prime Minister Najib Tun Razak
Title Detail
OUTCOME
CHARGES
MAIN CASE
1)SRC (AMLA & Predicate) - 10 Charges CBT, 2 AMLA
2)1MDB –USD2.6b (AMLA and Predicate ) –4 Charges MACCA, 21
Charges AMLA (PDRM)
RELATED CASE
6) Bailout ( Predicate ) – 6 Charges (409 & 34 PC)
7) Audit Report ( Predicate ) – 1 Charge (DSN), 1 Charge (Arul Kanda)
MALAYSIAN ANTI-CORRUPTION COMMISSION
OUTCOME
ASSET RECOVERY - MYR 1.2 Billion
CURRENCIES
NO DETAILS AMOUNT
RECENTNEWS
1. OFFICIAL MEETING BETWEEN U.S, MALAYSIA & SINGAPORE AUTHORITY IN
RELATION TO COORDINATE LEGAL APROACH TOWARDS GOLDMAN
SACHS OVER 1MDB FUNDS – 7 MAY 2019
https://www.thestar.com.my/news/nation/2019/05/07/rm236dot5mil-
returned-so-far-to-malaysia-in-1mdb-recovery-says-thomas/
https://www.thestar.com.my/news/nation/2019/05/07/rm236dot5mil-
returned-so-far-to-malaysia-in-1mdb-recovery-says-thomas/
https://www.straitstimes.com/asia/se-asia/us-returns-78m-of-1mdb-
funds-to-malaysia
MALAYSIAN ANTI-CORRUPTION COMMISSION
https://www.bloomberg.com/news/articles/2019-05-07/officials-said-
to-meet-to-coordinate-goldman-approach-over-1mdb
MALAYSIAN ANTI-CORRUPTION COMMISSION
2 CIVIL FORFEITURE
FILED WORTH TO
RM711 MIL
https://www.theedgemarkets.com/article/putrajaya-files-forfeiture-suit-against-
najib-rosmah-over-items-bought-stolen-1mdb-funds
https://www.thestar.com.my/news/nation/2019/05/08/govt-police-file-forfeiture-
suits-against-najib-and-rosmah/
MALAYSIAN ANTI-CORRUPTION COMMISSION
1 Nik Faisal Ariff Kamil - 24 December 2014, as a Director of SRC which is 7 June 2018
Charged under Section in such capacity, entrusted with the control of
409 read together 34 certain property, Amounted RM40 million
Penal Code
2 Low Taek Jho 1. 23 May 2011, Receive RM199,095,00.00 from 29 June 2018
Acct AmIslamik Bank (1MDB) to Acct RBS
Charged under section Coutts Bank
(4)(1)(a) Anti-Money 2. 23 May 2011, Receive RM90,840,000.00 from
Laundering and Anti- Acct AmIslamik Bank (1MDB) to Acct RBS
Terrorism Financing Coutts Bank
and Proceeds of 3. 25 October 2011, Receive RM393,750,000.00
Unlawful Activities Act from Acct AmIslamik Bank (1MDB) to Acct RBS
2001 (AMLATFPUAA) Coutts Bank
3 Tan Kim Loong - Charged 31 October 2012 with the intention of abetting to 29 June 2018
under Section 23 MACC Act get RM15,149,963.64 from Acct AmIslamik Bank
2009 (1MDB)
4 Loo Ai Swan - Charged 31 October 2012 with the intention of abetting to 29 June 2018
under Section 23 MACC Act get RM15,149,963.64 from Acct AmIslamik Bank
2009 (1MDB)
5 Geh Choh Heng - Charged 31 October 2012 with the intention of abetting to 29 June 2018
under Section 23 MACC Act get RM15,149,963.64 from Acct AmIslamik Bank
2009 (1MDB)
6 Tang Keng Chee - Charged 24 February 2011, with the intention of abetting to get 29 June 2018
under Section 23 MACC Act RM30,449,929.97 from Acct AmIslamik Bank
2009 (1MDB)
MALAYSIAN ANTI-CORRUPTION COMMISSION
Initial Takeaways #1
Going back to the common elements…
Initial Takeaways #2
To make this happen…
POLITICAL WILL
With it, a lot can be done in the national context:
Whistleblower protection laws
Asset Disclosure Systems for PEPs (digitized & routine)
Shareholder Transparency for FIs
Improve governance of state-owned enterprises
Plea-bargaining
MALAYSIAN ANTI-CORRUPTION COMMISSION