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MALAYSIAN ANTI-CORRUPTION COMMISSION

MALAYSIAN ANTI-C ORRUPTION


COMMISSION (MACC)

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

“more than $4.5


billion" (US DOJ)
MALAYSIAN ANTI-CORRUPTION COMMISSION

Equanimity Luxury Yacht

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

Jho Low’s 1MDB-linked


superyacht is selling for $126
million
PUBLISHED WED, APR 3 2019 • 1:19 AM EDT UPDATED THU, APR 4 2019 • 8:15 PM EDT
Shirley Tay@SHIRTAY
KEY POINTS
•A superyacht allegedly bought with stolen money from Malaysia’s controversial state investment fund 1Malaysia Development
Berhad (1MDB) is set to be sold at a discounted price of $126 million to Genting, The Star Online reported on Wednesday.
•Malaysia had initially expected the seized yacht to be sold for at least $130 million — approximately half of its original cost — but
failed to do so by its March 31 deadline.
• In the last eight months, the Malaysian government has spent 14.5 million Malaysian ringgit ($3.55 million) on upkeeping
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

 Technically, the investigations do not gone well, facing challenges


such as harassment, transfer out and arrest of MACC officers,
refusal to surrender related documents, witnesses were taken out
of Malaysia and etc.
MALAYSIAN ANTI-CORRUPTION COMMISSION

 In the process of investigation, AG was asked to step down , Chief


Commissioner and his Deputies were asked to leave MACC.

 List of forced step down politicians & Top Personnel:


• Muhyiddin Yassin - Deputy Prime Minister
• Shafie Apdal - Minister of Rural and Regional Development
• Gani Patail - Attorney General of Malaysia
• Abu Kassim Bin Mohamed – MACC Chief Commissioner
• Shukri Abdul - Deputy MACC Chief Commissioner
(Operation)
• Mustafar Ali - Deputy MAC C Chief Commissioner
(Prevention)
• Hamid Bador - Head of Special Branch of RMP
MALAYSIAN ANTI-CORRUPTION COMMISSION
MALAYSIAN ANTI-CORRUPTION COMMISSION

 In 2016, MAC C had been


instructed to c lose the
Investigation Paper (IP)
by the new AG, Mr.
Apandi Ali whom stated
that there is NO c riminal
offenc e c ommitted by
the Prime Minister.
MALAYSIAN ANTI-CORRUPTION COMMISSION

Issues?
1) Mechanisms of Hiding the Money
Trail

2)How to Spend it?


Acquisition of Luxury Assets
“Integration”
Funds originated from 1MDB were laundered in 4 main phases across multiple
jurisdictions

2 3 4 Option
Phase 1 Good Star Aabar-BVI Tanore
Buyback

Timeline 2009 2012 2013 2014

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

1. Movies & Rights: 1 1. Accessories: 1 1. Accessories: 2 1. Accessories: 29


2. Properties: 7 (1 property was 2. Artworks: 1 2. Artworks: 20 2. Vehicle: 1 (also sourced from
sourced from Phase 2’s funds) 3. Movies & Rights: 2 3. Properties: 2 Phase 3’s funds)
Assets 3. Shares: 2 4. Properties: 9 4. Shares: 1
4. Vehicle: 1 5. Shares: 2 (1 share was also
Purchased sourced from Phase 1’s funds)

slides 3-
5 TOTAL AMOUNT: USD373.51 mil TOTAL AMOUNT: USD457.04 mil TOTAL AMOUNT: USD1.11 bil TOTAL AMOUNT: USD270.6 mil

1. Malaysia 1. Malaysia 1. Malaysia 1. Malaysia


Accounts in 2. Switzerland 2. Switzerland 2. Singapore 2. Singapore
Countries 3. Singapore 3. Singapore 3. USA 3. USA
Involved 4. Thailand 4. Luxembourg 4. Netherlands 4. Swiitzerland
5. Switzerland 5. Barbados

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

Purpose: 1. 22-Carat Pink Diamond


50:50 JV with Aabar, ADMIC 2. *11.72 Carat Heart-
Shaped Diamond
Kelab Kebajikan 1Malaysia Pulau Pinang 3. *Basquiat Collage
25/03/13 – 29/04/13
4. Dustheads
USD100,000,101.02
002-201-201634-8, AmBank, Malaysia
5. Tic Tac Toe
SRC International 6. Calder Standing Mobile
Yayasan Rakyat 1Malaysia (YR1M)
25/03/13 – 02/05/13 (Malaysia) Limited AmPrivate Banking – MR 7. Ryden work
21/03/13 – 04/11/13
USD105,000,101.30 8. Ruscha work
211-202-201159-1, AmBank, Malaysia
Cistenique Investment Fund BV
USD546,300,191
71065006.2001, BSI AG, Lugano
21/03/13 – 10/04/13
USD681,000,080 9. Fontana Piece & Rothko
(RM2,081,476,926) Piece
20/03/13 – 22/03/13 2112022009694, AmIslamic 10. Four Multicolored
USD531,090,534 Bank Berhad, Malaysia Marilyns
0020041322, ING Bank N.V., Netherlands Tanore Finance
Enterprise Emerging Markets Fund BV
11. Brushstroke
Corporation
USD 3 Billion to 1MDB 20/03/13 21/03/13 – 30/08/13 12. Tete de femme
Global Investments USD414,756,416 USD1,265,000,000 13. *Diane Arbus
0020009852, ING Bank N.V., Netherlands 8550299001, Falcon Private Official Conduct Photograph
Devonshire Funds Limited BV Bank, Singapore 1. Approved Letter of 14. Saint Georges Painting
20/03/13 Support by government 15. Head of Madman
USD646,464,649
2. Execution of JV with 16. Concetto Spaziale
IBANCH27 0846 5129 5469 1200 1, BSI SA,
Lugano AABAR Investment PJS 17. *Picasso Painting
Brazen Sky Limited 18. Gypsophilia on Black Skirt
28/03/13 – 20/04/15 19. Accord Bleu
USD3,308,826 Granton Property 20. Untitled
31206577.2001, BSI Bank Holdings Limited 21. Petit Nympheas Painting
Pacific Harbor Global Growth Fund 21/03/13 – 04/11/13 22. Park Lane Hotel
10/04/13 – 19/07/13 USD901,300,000 23. Stratton Office
USD126,450,128 8550298001, Falcon Private
Bank, Singapore
24. Fly Wheel Sports, Inc
Unknown A/C 25. **Equanimity
Others incl. Law Debenture Corporate Services,
Standard & Poor’s Singapore, Linklaters
TOTAL PURCHASE AMOUNT
Singapore and Conyers Dill & Pearman
= Approx. USD1,111,881,267

1MDB Term Facility Loan Payment *Assets seized by DOJ


**Seized by Malaysian Authorities

15
Phase 4: Option Buyback Phase

I II III IV IV
Source of Funds Main Recipients Sub Recipients POI Assets Involved

Purpose: 1. 27 Assorted Gold


Termination of Options granted to Blackrock Necklaces
Aabar Investments PJS and Bridging Affinity Equity International 2. *Diamond Jewelry Set &
Partners Commodities (Global)
loan ahead of the intended IPOs of 30/05/14 – 03/09/14 Ltd 11-Carat Diamond
Tanjong and Genting power assets USD277,333,068 19/06/14 Earrings
(USD174,000,068 from Aabar BVI & USD1,890,000 3. *8.88 Carat Diamond
USD103,333,000 from Aabar 0003-014670-01-7-022, Pendant
Aabar Investments PJS Limited (BVI) DBS Bank Ltd, Singapore
USD 250m Deutsche Bank Loan 29/05/14
Seychelles) 4. *Equanimity
0003015871018, DBS Bank, Singapore
USD175,000,000
81134378, BSI Bank, Lugano TOTAL PURCHASE AMOUNT
= Approx. USD270,634,030

*Assets seized by DOJ


1MDB Energy Holdings Limited **Seized by Malaysian Authorities
8001002002, Falcon Private Bank, AmPrivate Banking – 1MY
Hong Kong 19/06/14 – 19/1214
USD49,930,985.70
2112022011880, AmIslamic
Bank Berhad, Malaysia
Aabar Investments PJS Limited
(Seychelles) World Merit Management
03/09/14 – 30/09/14 Limited Official Conduct
USD 975m Deutsche Bank Bridging
Loan USD681,317,607 07/10/14 1. Approved of Term Loan
827758, UBS Bank, Singapore USD39,750,000 Facilities – Deutche Bank
Unknown A/C, Bank of East Asia, Hong
Kong up to 975Million on
1MDB Energy Group IPO

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

 After the 14th General Election, on 21 May 2018, new


government was formed. The 1MDB Investigation Taskforce
has been reac tivated and resume investigation.
MALAYSIAN ANTI-CORRUPTION COMMISSION

 The former Deputy Chief Commissioner (Operation) was


recalled and appointed as new Chief Commissioner of MACC
replacing the former Chief Commissioner who chosen to step
down. New AG was also appointed. The incumbent AG was
dismissed.
MALAYSIAN ANTI-CORRUPTION COMMISSION
MALAYSIAN ANTI-CORRUPTION COMMISSION

SET UP NEW TASK FORCE

To facilititate and expedite the investigation of


1MDB, government has formed a special Task
Force headed by

1. Gani Patail, former AG


2. Abu Kassim, former Chief Commissioner of
MACC
3. Shukri Abdull, Chief Commissioner of MACC
4. Hamid Bador, Head of Special Branch RMP
MALAYSIAN ANTI-CORRUPTION COMMISSION

NEW SETUP FOR THE NEW TASKFORCE


MALAYSIAN ANTI-CORRUPTION COMMISSION

MAC C INVESTIGATION APPROAC H

MACC INTELLIGENCE-BASED INVESTIGATION (IBI)

GATHERING INFORMATION THROUGH:

1. INFORMAL INFORMATION SHARING WITH FOREIGN COUNTERPARTS


(DOJ, FBI, AFP, NCA UK, FOREIGN AGC’S OFFICE, CAD, SWISS
PROSECUTOR, CCDI etc.);

2. INTELLIGENCE SHARING WITH FIU VIA EGMONT GROUP;

3. INTELLIGENCE SHARING WITH DOMESTIC LEA’S;


4. SERIES OF UNOFFICIAL ENGAGEMENT WITH FOREIGN
AUTHORITIES SUBSEQUENT TO MLA’S;

5. LEVERAGE ON NETWORKING WITH WORLD BANK, StAR, UNODC, IACCC


MALAYSIAN ANTI-CORRUPTION COMMISSION

DOMESTIC COOPERATION
MALAYSIAN ANTI-CORRUPTION COMMISSION

MAC C INVESTIGATION APPROAC H

MANAGING TEAM-BASED INVESTIGATION

1. SPEARHEADED BY DCC (O) MACC


2. SET-UP OF TASKFORCE SECRETARIAT FOR COORDINATION OF
OPERATION INVOLVING INTER-AGENCY TASKFORCE & MACC;
3. TASKFORCE – MOBILISATION OF OFFICERS FROM DIFFERENT
DIVISIONS;
4. ENGAGEMENT OF EXPERTS FROM OTHER AGENCIES, CENTRAL BANK
(FIU) & AGC;
5. DEDICATED OPERATION CENTRE – ACTING AS ONE-STOP CENTRE
FOR 1MDB INVESTIGATION;
6. EFFECTIVE UTILISATION OF RESOURCES BY ENSURING NON-
OVERLAPING OF TASK, EACH TEAM/ OFFICERS HAVE OWN
DEDICATED TASK;
7. EXPEDITING EVIDENCE GATHERING PROCESS.
MALAYSIAN ANTI-CORRUPTION COMMISSION

MUTUAL LEGAL ASSISTANC E/ C ROSS-BORDER INVESTIGATION

1MDB is a transnational case that involves many countries. To expedite


investigation, MACC seek full cooperation from countries such as :
1. UNITED STATES
2. SWITZERLAND
3. SINGAPORE
4. INDONESIA
5. NETHERLAND
International
6. FRANCE
7. LUXEMBOURG
Taskforce
8. UNITED KINGDOM
9. BARBADOS
10. SEYCHELLES
11. CHINA & HONG KONG – ENGGAGEMENT WITH CCDI
**Series of the meeting have been held in Malaysia, Singapore, USA,
Switzerland, etc.
MALAYSIAN ANTI-CORRUPTION COMMISSION

SERIES OF INTERNATIONAL MEETING IN MALAYSIA


MALAYSIAN ANTI-CORRUPTION COMMISSION

BENEFITS OBTAINED

INTERNATIONAL COLLABORATION IN INVESTIGATION – CROSS BORDER


INVESTIGATIONS

MUTUAL LEGAL ASSISTANCE – ASSISTING IN PRE-LAUNCHED M.L.A


(FACTS & ASSISTANCE WERE DISCUSS BEFORE THE M.L.A SEND TO THE
RESPECTIVE COUNTRY)

SHARING FACTS & EVIDENCE – SOME FACTS ARE NOT BEING DISCLOSED
UPON OFFICIAL REQUEST MADE BY ATTORNEY GENERAL CHAMBERS OR
VIA EGMONT CHANNEL.

ASSISTANCE IN BRINGING BACK THE SYPHONED FUNDS & ASSETS FROM


ABROAD
SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA
MALAYSIAN ANTI-CORRUPTION COMMISSION

1MDB
NEW MANAGEMENT

SPECIAL TASKFORCE 1MDB


STF 1MDB
SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA
MALAYSIAN ANTI-CORRUPTION COMMISSION

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

3) Appointed PricewaterhouseCoopers Advisory Services Sdn


Bhd (“PwCAS”) to assist EXCO and the Board of Directors
of 1MDB (“BOD”)

SPECIAL TASKFORCE 1MDB


STF 1MDB
SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA
MALAYSIAN ANTI-CORRUPTION COMMISSION

Members of the EXCO


MoF Representative PwC Banker

Datin Rashidah Dato’ Mohammad Dato’ Wan Mohd


binti Mohd Sies Faiz Azmi Fadzmi Bin Wan
Secretary, Executive Chairman of Othman
Government PwC Malaysia Former President and
Investment CEO of Bank
Companies Division Chairperson of EXCO Pertanian Malaysia
under the Ministry of (Agrobank)
Finance
Hisyamuddin bin Lim San Peen
Awang Abu Bakar Head of Business
[ ], Recovery of PwC
Photo Government Malaysia
Investment Companies
Division under the
Ministry of Finance
Alternate EXCO member to Alternate EXCO member to
Datin Rashidah Dato’ Faiz

SPECIAL TASKFORCE 1MDB


STF 1MDB
SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA
MALAYSIAN ANTI-CORRUPTION COMMISSION

Objectives of the EXCO


• The EXCO shall take management control and
safeguard interest of 1MDB:

1) Stabilise state of affairs


2) Maximise assets, minimise debt
3) Facilitate investigation

SPECIAL TASKFORCE 1MDB


STF 1MDB
SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA
MALAYSIAN ANTI-CORRUPTION COMMISSION

Role of the EXCO


• The EXCO shall manage the day-to-day
running of the Company within the following
parameters:
1) Operate within its delegated authority / powers
2) Advise and assist the BOD. Refer all critical
decisions to the BOD
3) Act in the name of the 1MDB in respect of all
matters

SPECIAL TASKFORCE 1MDB


STF 1MDB
MALAYSIAN ANTI-CORRUPTION COMMISSION

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.

He was alleged to have received the monies, which were


purportedly proceeds of illegal activities, at an AmIslamic Bank
branch at Jalan Raja Chulan here between December 26, 2014,
and February 10, 2015.
Date 8 August 2018
Charge 3 charges under Section 4 (1) (b) of the Anti-Money Laundering
and Anti-Terrorism Financing and Proceeds of Unlawful Activities
Act.
MALAYSIAN ANTI-CORRUPTION COMMISSION

August 8, 2018, former Prime Minister Najib Razak was charged


with three more money laundering offences over the transfer of
RM42 million from SRC International into his bank account.
MALAYSIAN ANTI-CORRUPTION COMMISSION

Title Detail

Case 1MDB : Good Star/RBS US$1.03 billion

Suspect Former Prime Minister, Najib Razak

Investigation under Section 409, Penal Code (Criminal Breach of


Charge
Trust) by Royal Malaysia Police (RMP)
1. May 18, 2018 The Royal Malaysia Police have seized an
undisclosed amount of money and some jewellery from the
Najib-linked luxurious condo in Pavilion Residences in Bukit
Bintang.

2. The Royal Malaysia Police on August 25, 2018, issued Warrant


of Arrest against Jho Low and his father (Tan Sri Larry Low
Hock Peng) and also charged both of them with 8 charges
under Section 4(1) of the Anti-Money Laundering and Anti-
Terrorism Financing Act 2001.
MALAYSIAN ANTI-CORRUPTION COMMISSION
MALAYSIAN ANTI-CORRUPTION COMMISSION

Equanimity Luxury Yacht

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

Case 1MDB : TANORE RM2.6 billion


Suspect Former Prime Minister, Najib Razak
4 Charge under Section 23 and Section 24, Malaysian Anti Corruption Act 2009 by

Charge Malaysian Anti Corruption Commission (MACC) and 21 charge under Section (4) (1)
AMLATFA 2001 by Royal Malaysian Police (RMP)

Date 20 September 2018


Charge 1. First Charge, that he abused his position as Prime Minister and Finance Minister by receiving RM90
million from 1MDB, that he received RM2.081 billion in his personal bank account and that he abused
his position as Prime Minister and Finance Minister on June 23, 2014 to receive more than RM49
million.
2. In the second charge under Section 24(1) of the MACC Act, he is accused of having abused his
positions to secure RM90.9 million between Oct 31, 2012 and Nov 20, 2012.
3. The third charge pertains to the RM2.6 billion deposited into his personal bank account. Najib is
accused of having received RM2.081 billion - as the amount was valued at the time - between March
23, 2013 and April 10, 2013.
4. The fourth charge against Najib concerns the alleged abuse of his position to acquire gratification
amounting to RM49.9 million, by instructing the 1MDB board of directors to approve the taking of a
US$975 million loan from Deustch Bank for an initial public offering (IPO) for 1MDB Energy Bhd.
MALAYSIAN ANTI-CORRUPTION COMMISSION

21 charge under Section (4) (1) AMLATFA 2001 by Royal Malaysia Police
MALAYSIAN ANTI-CORRUPTION COMMISSION

September 20, 2018, former Prime Minister Najib Razak was


charged with 4 charges under Section 23 and Section 24
Malaysian Anti Corruption Act 2009 by Malaysian Anti
Corruption Commission (MACC) and 21 charges under Section
(4) (1) AMLATFA 2001 by Royal Malaysian Police (RMP)
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) .

Date 13 September 2018


Charge 1. First charge, Shafee was accused of receiving unlawful proceeds in the form of
an AmIslamic cheque of RM4.3 million into his bank account on 13 September
2013;

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.

4. Fourth charge, Shafee is accused of not declaring his earnings accurately by


omitting the RM5.2 million in his 2014 tax filing.
MALAYSIAN ANTI-CORRUPTION COMMISSION

13 September 2018 Shafee Abdullah, lawyer to the former prime


Minister Najib Razak was charged with four charges of receiving
money from the proceeds of illegal activities under Section 4 (1) (b)
of the Anti-Money Laundering and Anti-Terrorism Financing Act
(AMLA) 2001.
MALAYSIAN ANTI-CORRUPTION COMMISSION

Title Detail

Case Money Laundering amounting to RM 7.0 million

Suspect Rosmah Mansor, wife of former Prime Minister Najib Tun Razak

17 charges of money laundering, under Section 4 (1) (b) of the

Charge Anti-Money Laundering and Anti-Terrorism Financing Act (AMLA)


2001 by Malaysian Anti Corruption Commission (MACC).

Date 4 October 2018


MALAYSIAN ANTI-CORRUPTION COMMISSION
MALAYSIAN ANTI-CORRUPTION COMMISSION

Cases Related to 1MDB


(1MDB’s Bailout)
MALAYSIAN ANTI-CORRUPTION COMMISSION

Title Detail

Case 1MDB’s Bailout


Former Prime Minister, Najib Razak & Irwan Serigar , former Treasury Secretary
Suspect General
6 charges jointly under Section 409 read together with Section 34 of the Malaysian Penal
Charge
Code
Date 20 September 2018
Charge 1. First Charge, they were jointly charged for Criminal Breach of Trust amounting to RM 1.2 Billion
belonging to The Government of Malaysia on 21 December 2016.
2. Second Charge, they were jointly charged for Criminal Breach of Trust amounting to RM 655 Million
belonging to The Government of Malaysia on 21 December 2016.
3. Third Charge, they were jointly charged for Criminal Breach of Trust amounting to RM 220 Million in
the Federal Consolidated Fund on 3 August 2017.
4. Fourth Charge, they were jointly charged for Criminal Breach of Trust amounting to RM 1.3 Billion in
the Federal Consolidated Fund on 10 August 2017.
5. Fifth Charge, they were jointly charged for Criminal Breach of Trust amounting to CNY
1,950,000,000.00 (being equivalent of RM 1,261,065,000.00) belonging to The Government of
Malaysia on 23 August 2017.
6. Six Charge, they were jointly charged for Criminal Breach of Trust amounting to RM 2 Billion
belonging to The Government of Malaysia on 18 December 2017.
MALAYSIAN ANTI-CORRUPTION COMMISSION

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)

ILLEGAL PROCEEDS - RECEIPIENTS


3) Hasfarizam & Paul Steadlan (AMLA ) – 2 Charges
4) Tan Sri Shafee Abdullah (AMLA) – 4 Charges
5) Datin Seri Rosmah Bt. Mansor (AMLA) – 17 Charges

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

AMOUNT SEIZED IN MYR 282,997,305.40


1*
MALAYSIA 63 (Accounts)
(MACC)
VOLUNTARILY
2 MYR 30,444,421.07
RETURNED (INDIVIDUAL
& COMPANIES)
3 AMOUNT RETURN FROM SINGAPORE SGD 15.3
MILLION
4 RETURN ASSET (EQUANIMITY) MYR 523
*NOTE:RECOVERY THROUGH FORFEITURE UNDER SECTION 55 & 56 AMLATFPUAAMIILION
2001
AMOUNT RETURN FROM
5 USD 57.04
USA (RED GRANITE
MILLION
MALAYSIAN ANTI-CORRUPTION COMMISSION

Equanimity Luxury Yacht

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

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

2. FUNDS RETURNED BY U.S DOJ TO MALAYSIA GOVERNMENT FOR MYR233.7


MILLION – 8 MAY 2019

3. TWO (2) CIVIL FORFEITURES BY ROYAL MALAYSIAN POLICE (RMP) OVER


ITEMS WORTH MYR711 M FROM DATO’ SERI NAJIB & HIS WIFE – 8 MAY
2019
MALAYSIAN ANTI-CORRUPTION COMMISSION

FUNDS RETURNED BY US DOJ TO


MALAYSIA GOVERNMENT

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

OFFIC IAL MEETING BETWEEN


U.S, MALAYSIA &
SINGAPORE AUTHORITY

https://www.bloomberg.com/news/articles/2019-05-07/officials-said-
to-meet-to-coordinate-goldman-approach-over-1mdb
MALAYSIAN ANTI-CORRUPTION COMMISSION

C IVIL FORFEITURE BY RMP

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

Warrant of Arrest By MACC


No Name Issue Date

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…

1 Beneficial Ownership Transparency


- Make it harder to conceal BO through opaque
company structures by closing loopholes as
soon as abuse is exposed.

2 Go after the Assets


• Criminal prosecution may not be possible and
burden of proof is higher
• Available tools depend on legal system (Civil
forfeiture actions, Unexplained Wealth Orders, UK)
MALAYSIAN ANTI-CORRUPTION COMMISSION

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

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