Embarrassing - how some Malaysians are responding to the US Department of Justice recent suit. Hishamuddin talks about asking the US to charge the guilty - so that they can prove their innocence? Another person is raising concerns about the 'complainants' - 'heinous agenda' against the PM. Hello, people can make 'police reports' and complaints - but then the relevant enforcement authority investigates, and only when they find sufficient credible evidence, they act and file legal suits... Now, please do not try to stop people for reporting possible crimes - they have no obligation to find evidence - they simply bring to the attention of the authorities...to their suspicion - if we demand people to also adduce proof of their allegations...then many will just stop making police reports, etc..In any even, everyone has a right to expression and opinion...
'Hidden agenda' against the Prime Minister - Nope, the agenda, if any in my opinion, is to save Malaysia and Malaysians - its our money out there (maybe even more than 4.5 billion). Is the US stupid? Are all the other nations that have taken actions in connection with 1MDB wrong? Sadly, it is some who just wish that their 'leader' cannot never do wrong - they maybe blinded by the 'absolute loyalty'? Is it the Opposition behind this - well, sad to say, I do not believe many of these parties do have the capacity to do such an investigation and make complaints...Is it Sarawak Report? Is it WSJ? Investigations have been done. Either way, it is best to wait for the end of these DOJ cases before a final conclusion is made.
1MDB, Kelptocracy dan perkara berkaitan - Tak ada apa-apa tindakan guaman di Malaysia tetapi nampaknya ada banyak tindakan guaman berlaku di lain-lain negara terutama di Amerika Syarikat di mana kini kita telah menerima berita bahawa tindakan guaman telah dimulakan di Mahkamah of Jabatan Keadilan Amerika(Department of Justice - DOJ).
'...the total identified stolen proceeds to $4.5 billion. This money financed the lavish lifestyles of the alleged co-conspirators at the expense and detriment of the Malaysian people...' - Kenyataan DOJ US, 15/6/2017(lihat dibawah)
Ini bukan lagi dakwaan atau siasatan lagi - tindakan guaman telah difailkan oleh kerajaan Amerika Syarikat - bukan orang perseorangan atau syarikat peribadi.
1MDB adalah syarikat milik penuh rakyat Malaysia (kerajaan Malaysia) - di mana PM Najib bukan sahaja Penasihat, tetapi juga menteri bertanggungjawab iaitu Menteri Kewangan, serta juga Perdana Menteri Malaysia...
Secara am dan ringkas, tindakan guaman di Amerika mengatakan wang 1MDB, iaitu wang rakyat/kerajaan Malaysia, telah digasak secara salah salah atau bercanggah undang-undang ... di mana tindakan ini juga bertujuan mendapatkan kembali wang rakyat/kerajaan yang telah dilupuskan. Mula-mula satu tindakan guaman, kini sudah 3. Amerika Syarikat boleh merampas duit dan harta hanya dalam bidangkuasa mereka...
APA TINDAKAN MALAYSIA? JIKA BENAR...
- Ini merupakan tindakan yang terus melibatkan Malaysia - kerajaan Malaysia - Perdana Menteri dan Menteri Kewangan - 1MDB?
- Jika ada asas berlaku dakwaan 'kleptocracy' atau pencurian wang apa cara pun - MALAYSIA akan terus terlibat dengan Amerika untuk dapatkan balik wang, dan mungkin juga menangkap dan mendakwa mereka yang melakukan kesalahan...Malaysia juga mesti hadhir memerhati penjalanan kes - 'watching brief' - peguambela pihak yang ada kepentingan, memerhati perjalanan kes. Malaysia harus segera dapat kepastian bahawa wang/harta yang dirampas akan seterusnya dikembalikan... Mungkin juga segera dapat perintah Mahkamah untuk membekukan wang/akaun/harta mereka yang disyaki - untuk memastikan semua kekal dalam bidangkuasa Malaysia...
APA TINDAKAN MALAYSIA? JIKA PALSU..
- Ini bukan isu syarikat kepunyaan beberapa orang rakyat Malaysia atau isu seorang rakyat Malaysia - Ini adalah isu Malaysia - kerajaan Malaysia - PM dan Menteri Kewangan Malaysia, Bank Negara, ROC - ini soal Malaysia - TERUS menghantar 'protest note' kepada Amerika Syarikat...yang disusuli dengan tindakan diplomatik sewajar - usir keluar diplomat Amerika, tutup kedutaan Malaysia di Amerika ...Tindakan DOJ adalah tindakan 'kerajaan US' bukan tindakan mana-mana individu/syarikat biasa..
- Terus serahkan aduan kepada UN atau badan lain (lihat apa yang dilakukan Malaysia dalam isu 'North Korea'...lihat juga apa yang dilakukan Arab Saudi terhadap Quatar?)
- Apakah yang akan dilakukan Amerika Syarikat jika Malaysia memulakan tindakan guaman terhadap syarikat milik penuh US - sama sapertimana yang dilakukan US terhadap Malaysia? Tetapi tindakan kerajaan UMNO-BN nampaknya hanya penafian, dan penghalangan aliran maklumat kepada rakyat Malaysia - dan kini juga ugutan terhadap rakyat supaya jangan bincang secara jujur dan terbuka...ugutan akan dikenakan tindakan undang-undang ...Apa yang kita mahu adalah SIFAT TERBUKA, JUJUR DAN AMANAH - jika ada silap dibuat, akui kesilapan dan seterusnya buat apa yang perlu untuk membetulkan keadaan demi semua rakyat Malaysia...???
APA YANG MALAYSIA BUAT?
- 'TUTUP PENYIASATAN' - itu yang dilakukan oleh Pendakwa Raya dalam kes-kes yang ramai fikirkan ada kaitan dengan 1MDB? Dalam apa-apa kes jenayah, pendakwa raya mungkin akan kata tak cukup bukti/keterangan untuk ambil tindakan Mahkamah ...tetapi fail akan kekal BUKA - bila penyiasatan membekalkan bukti cukup...tindakan diambil...
- 1MDB pun dikatakan keluar menyatakan yang tak ada apa yang salah berlaku, dan semua OK - tak ada 'wang hilang' atau 'lupus' secara salah...
- PM dan Menteri kata ini semua 'kerja pembangkang'...
Ayuh kita lihat beberapa 'response' yang dilapurkan media dan membincangkannya...
Hishamuddin Hussein - Secara ringkas, beliau menyatakan bahawa DOJ harus menuduh orang perseorangan/entiti supaya mereka yang dituduh ada peluang membersihkan nama mereka. Jangan buat kenyataan tanpa mengambil tindakan...
1 - Pihak Amerika bukan sahaja buat kenyataan - tindakan sudah diambil. Mereka sudah failkan 3 tindakan Mahkamah untuk cuba mendapatkan kembali lebih kurang USD4.5billion? Tindakan mahkamah ketiga dimulakan pada lebih kurang 15 June??
DEFENCE Minister Hishamuddin Hussein urged the US Department of Justice (DoJ) to press charges if they have concrete proof of alleged misapproriation of funds from 1Malaysia Development Berhad (1MDB). "They should not make multiple statements without taking any actions...."When they do press charges, those who are charged would have the opportunity to clear their names," he said the at a briefing session of the party's handbook on 14th general election at Putra World Trade Centre (PWTC)
On June 15 , the DoJ filed a civil action to seize assets worth US$540 million (RM2.3 billion), believed to have been purchased using money siphoned from state investment fund 1MDB. This brings the total amount of allegedly misappropriated funds from 1MDB to US$4.5 billion.
2. Betul, belum lagi ada apa-apa kes jenayah difailkan terhadap mana-mana individu atau syarikat - TETAPI dokumen yang difailkan di dalam tindakan sivil cukup banyak ada dakwaan mengenai individu dan/atau syarikat - semua pihak berkenaan boleh sekarang mencabar dakwaan yang telah dibuat ... Hishamuddin, mereka yang dituduh ...sudahpun ada peluang membuktikan tak ada salah yang berlaku...Saya percaya mereka yang dikatakan terlibat boleh memohon mencelah dalam kes ini, dan kemukakan bukti menyangkal dakwaan DOJ...?
3. Mungkin, Hishamuddin bercakap mengenai Najib Tun Razak - Itu sukar kerana dia Perdana Menteri Malaysia...dan ada 'immunity diplomatik' yang menghalang US dan/atau pihak pendakwaan US mengambil tindakan guaman/jenayah terhadap Najib sekarang... Mungkin selepas PRU akan datang, dan Najib kalah dan tidak lagi jadi PM...keadaan akan berubah...jika Najib pi Amerika Syarikat, tanpa imuniti diplomatik, mungkin juga akan kena tangkap (tapi kita tak tahu lagi)??? Jika pun ada permintaan US pada masa ini untukl Malaysia untuk menangkap dan hantar Najib (atau mana Menteri) ke US untuk didakwa, kerajaan Malaysia tidak akan bersetuju?
4. Kedua, biasanya kena tangkap dulu mereka yang disyaki...untuk berbuat demikian, perlu individu itu berada dalam bidangkuasa Amerika... Ada yang kata, kalau US boleh ceroboh negara lain dan tangkap-bunuh Osama, kenapa tak boleh buat sama? Untuk kes jenayah, secara tambahan memerlukan beban bukti yang sangat tinggi...dan ini bukan merupakan dalam kes macam ini ...melihat berapa individu dan syarikat lain terlibat bukan sahaja di Amerika Syarikat tetapi di seluruh dunia. Lihat kes dadah, yang ditangkap hanya 'mule' atau orang kecil - dapatkah Malaysia sehingga kini tangkap dan dakwa mana-mana 'Big Bos' drug trafficking? Kes pembunuhan Altantuya pun ramai fikir ada 'Big Boss' yang telah memberikan arahan - tapi sehingga sekarang tak ada yang ditangkap atau dituduh? Kes 'kleptocracy' dan 'money laundering' lebih susah...
Abdul Rahman Dahlan - pula meminta DOJ dedahkan nama pengadu ...jadi MACC dan polis juga harus dedahkan nama semua yang mengadu atau beri maklumat ....Karut dia cakap...'Witness Protection", dsb.. - kalau dia sendiri ada bukti bahawa yang mengadu itu dalah parti PAS/DAP/PKR/BERSATU/PRM - katakan atau buktikan sahaja. Jangan hanya insinuasi sahaja...atau cadangan saja...Semua boleh buat report atau beri maklumat - yang akan mengerakkan pihak berkuatkuasa menjalankan siasatan pastikan sama ada salah laku atau tidak....DOJ Amerika sudah fail 3 tindakan di Mahkamah - di mana dokumen yang difailkan adalah terbuka .... {Jika apa yang didakwa US adalah benar, adakah Menteri ini mencadangkan kita yang ada pengetahuan salahlaku harus hanya berdiam diri....}
“My suspicion is that these complainants are actually Malaysians with heinous political agenda against the Prime Minister and the government...Malaysians deserve to know who these complainants are and the DoJ should reveal their identities,”
****
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, June 15, 2017
U.S. Seeks to Recover Approximately $540 Million Obtained From Corruption Involving Malaysian Sovereign Wealth Fund
The
Justice Department announced today the filing of civil forfeiture
complaints seeking the forfeiture and recovery of approximately $540
million in assets associated with an international conspiracy to launder
funds misappropriated from a Malaysian sovereign wealth fund. Combined
with civil forfeiture complaints filed in July 2016, seeking more than
$1 billion, and civil forfeiture complaints filed last week seeking
approximately $100 million in assets, this case represents the largest
action brought under the Kleptocracy Asset Recovery Initiative. Assets
now subject to forfeiture in this case total almost $1.7 billion.
Acting Assistant Attorney General
Kenneth A. Blanco, Acting U.S. Attorney Sandra R. Brown of the Central
District of California, Assistant Director Stephen E. Richardson of the
FBI’s Criminal Investigative Division, and Deputy Chief Don Fort of the
IRS-Criminal Investigation (IRS-CI) made the announcement.
According to the complaints, from 2009
through 2015, more than $4.5 billion in funds belonging to 1Malaysia
Development Berhad (1MDB) was allegedly misappropriated by high-level
officials of 1MDB and their associates. 1MDB was created by the
government of Malaysia to promote economic development in Malaysia
through global partnerships and foreign direct investment, and its funds
were intended to be used for improving the well-being of the Malaysian
people.
“The Criminal Division is steadfast in
our efforts to protect the security, safety, and integrity of the
American financial system from all manner of abuse, including by
kleptocrats seeking to hide their ill-gotten or stolen wealth,” said
Acting Assistant Attorney General Blanco. “Today’s complaints reveal
another chapter of this multi-year, multi-billion-dollar fraud scheme,
bringing the total identified stolen proceeds to $4.5 billion. This
money financed the lavish lifestyles of the alleged co-conspirators at
the expense and detriment of the Malaysian people. We are unwavering in
our commitment to ensure the United States is not a safe haven for
corrupt individuals and kleptocrats to hide their ill-gotten wealth or
money, and that recovered assets be returned to the victims from which
they were taken.”
“These cases involve billions of
dollars that should have been used to help the people of Malaysia, but
instead was used by a small number of individuals to fuel their
astonishing greed,” said Acting U.S. Attorney Brown. “The
misappropriation of 1MDB funds was accomplished with an extravagant web
of lies and bogus transactions that were brought to light by the
dedicated attorneys and law enforcement agents who continue to work on
this matter. We simply will not allow the United States to be a place
where corrupt individuals can expect to hide assets and lavishly spend
money that should be used for the benefit of citizens of other nations.”
“Today’s filing serves as a reminder
of the important role that the FBI plays in rooting out international
corruption. When corrupt foreign officials launder funds through the
United States in furtherance of their criminal activity, the FBI works
tirelessly to help hold those officials accountable, and recover the
misappropriated funds,” said Assistant Director Richardson. “I applaud
all my colleagues and our international partners who have worked to help
recover an immense amount of funds taken from the Malaysian people, who
are the victims of this abhorrent case of kleptocracy.”
“Today’s announcement is the result of
untangling a global labyrinth of multi-layered financial transactions
allegedly used to divert billions of dollars from the people of Malaysia
and fund the co-conspirators’ lavish lifestyles,” said Deputy Chief
Fort. “The IRS is proud to partner with other law enforcement agencies
and share its world-renowned financial investigative expertise in this
complex financial investigation. It’s important for the world to see,
that when people use the American financial system for corruption, the
IRS will take notice.”
As alleged in the complaints, the
members of the conspiracy – which included officials at 1MDB, their
relatives and other associates – diverted more than $4.5 billion in 1MDB
funds. Using fraudulent documents and representations, the
co-conspirators allegedly laundered the funds through a series of
complex transactions and shell companies with bank accounts located in
the U.S. and abroad. These transactions allegedly served to conceal the
origin, source and ownership of the funds, and ultimately passed through
U.S. financial institutions to then be used to acquire and invest in
assets located in the U.S. and overseas.
The complaints filed today allege that
in 2014, the co-conspirators misappropriated approximately $850 million
in 1MDB funds under the guise of repurchasing certain options that had
been given in connection with a guarantee of 2012 bonds. As the
complaints allege, 1MDB had borrowed a total of $1.225 billion from a
syndicate of banks to fund the buy-back of the options. The complaints
allege that approximately $850 million was instead diverted to several
offshore shell entities. From there, the complaints allege, the funds
stolen in 2014, in addition to money stolen in prior years, were used,
among other things, to purchase a 300 foot luxury yacht valued at over
$260 million, certain movie rights, high-end properties, tens of
millions of dollars of jewelry, and artwork. A portion of the diverted
loan proceeds were also allegedly used in an elaborate, Ponzi-like
scheme to create the false appearance that an earlier 1MDB investment
had been profitable.
As alleged in the earlier complaints,
in 2009, 1MDB officials and their associates embezzled approximately $1
billion that was supposed to be invested to exploit energy concessions
purportedly owned by a foreign partner. Instead, the funds were
transferred through shell companies and were used to acquire a number of
assets, as set forth in the complaints. The complaints also allege that
the co-conspirators misappropriated close to $1.4 billion in funds
raised through the bond offerings in 2012, and more than $1.2 billion
following another bond offering in 2013.
The FBI’s International Corruption
Squads in New York City and Los Angeles, and the IRS-CI are
investigating the case. Deputy Chief Woo S. Lee and Trial Attorneys Kyle
R. Freeny and Jonathan Baum of the Criminal Division’s Money Laundering
and Asset Recovery Section and Assistant U.S. Attorneys John Kucera and
Christen Sproule of the Central District of California are prosecuting
the case. The Criminal Division’s Office of International Affairs is
providing substantial assistance.
The Kleptocracy Asset Recovery
Initiative is led by a team of dedicated prosecutors in the Criminal
Division’s Money Laundering and Asset Recovery Section, in partnership
with federal law enforcement agencies, and often with U.S. Attorney’s
Offices, to forfeit the proceeds of foreign official corruption and,
where appropriate, to use those recovered asset to benefit the people
harmed by these acts of corruption and abuse of office. In 2015, the FBI
formed International Corruption Squads across the country to address
national and international implications of foreign corruption.
Individuals with information about possible proceeds of foreign
corruption located in or laundered through the U.S. should contact
federal law enforcement or send an email to kleptocracy@usdoj.gov (link sends e-mail) (link sends e-mail) or https://tips.fbi.gov/.
A civil forfeiture complaint is merely
an allegation that money or property was involved in or represents the
proceeds of a crime. These allegations are not proven until a court
awards judgment in favor of the U.S. - The United States Department of Justice Website, 15/7/2017
DOJ suit: Ministers must stop treating M'sians as brainless
R Nadeswaran Published Updated
COMMENT
| Over the past six days, so much has been said and so much has been
written, and reported, on the latest filing by the Department of Justice
(DoJ) of the United States. Opinions on the 1Malaysia
Development Bhd (1MDB) – some unsolicited and others prompted – have clouded the space and airtime in both the print and electronic media.
So many people have said so many things – some bird-brained theories, some wayward questions and many incomprehensible statements. But above all, Malaysians can take consolation that they were a handful of intelligent analysis and positive examination of the issues.
However, the statements of two ministers leave the intrepid reader, listener, and viewer wondering: “what is going on?” At least two newspapers reported their response without telling readers what they were talking about.
It was akin to telling people “don’t listen to the lies perpetrated by Nadeswaran” without telling them what were the lies I had concocted or spread. But reading all sides of the story, there is this inherent duty as a journalist to explain why certain things are done in certain ways without resorting to lies as avowed by certain parties.
Let’s examine their assertions: Communications and Multimedia minister Salleh Said Keruak argued that the pronouncement by the DoJ is a form of interference, as their claim is not confirmed to the subject matter: which is about an alleged crime committed on US soil.
The minister in the Prime Minister's Department, Abdul Rahman Dahlan demanded to know the names of the complainants which led to the DoJ’s investigations.
To put the matter in the right context, let us look at each of these assertions.
“A large part of the DOJ statement talks about what is happening internally in Malaysia, and an even larger part has no relevance to the subject of whether a crime has been committed on US soil as alleged,” Salleh said in a statement.
But what he does not understand is that the filings are part of its civil forfeiture action to seize assets it claims were bought using funds siphoned from 1MDB. No one is accusing the recipients of any wrongdoing although they may or may not have known the source of funds.
The more pertinent point is that foreign banks, in this case, US financial institutions, were used to launder the money stolen from 1MDB. But Salleh must agree that what is good for the goose must also be good for the gander.
When Singapore carried out discreet investigations over two years and acted against individuals and investigations into the laundering of money from 1MDB accounts, there was hardly a whimper. Some of the money was traced to 1MDB and other companies in which Malaysians were in control.
What was at stake was not where the money came from. It could have come from Timbuktu or from personal coffers of Mugabe or 1MDB. Did anyone ask the Monetary Authority of Singapore to identify the complainants?
It acted on its own volition and what mattered most was the island republic’s reputation as an international financial hub. It acted to penalise those who had acted to use its systems and instruments to launder money.
At the end of it all, it slapped S$29.1 (about RM100 million) in penalties on eight wayward banks and convicted five bankers. Three of the five have been banned for life or a minimum of 15 years from Singapore’s securities while another was banned for 10 years. Three more face bans from three to six years.
Singapore authorities, according to the Straits Times, stressed the scale of the probe had been unprecedented, spanning hundreds of thousands of transactions involving many shell firms and people operating in the US, Switzerland, Hong Kong, Luxembourg, and Malaysia.
Every sovereign nation has a right to defend itself and its institutions from being used for illegal activities, especially money laundering. The US and jurisdictions in other countries are just doing that or have done that.
To simplify the issue, let’s use this analogy. Mr A steals money from a Bank B in Malaysia and transfers it to Mr C’s account in London. He then orders expensive diamonds for Miss D, an Australian, from jeweller E in London. He then orders and obtains the jewellery and gets Mr C to pay E.
The principal offender may be Mr A but the person who receives and launders the money is Mr C. But in order to prove that the source of the money was in the first place indeed “dirty money”, most authorities take pains to establish a predicate offence.
A predicate offence is a crime that is a component of a more serious criminal offence. Generally, the term “predicate offence” is used in reference to underlying money laundering and/or terrorist finance activity. And this practice is not new as Malaysian authorities wanted to use this prevent the DoJ from further investigations.
On April 20, the Straits Times reported that Malaysia and Abu Dhabi had reached a settlement on a dispute involving billions of dollars in debt obligations of 1MDB that is at the centre of an international money-laundering probe.
“The disputed monies in the Malaysia-Abu Dhabi row are central to legal suits brought by the US Department of Justice over the alleged misappropriation of funds from 1MDB. The Department of Justice claims that the funds siphoned from 1MDB went to fund purchases of real estate and other assets by associates of PM Najib. The settlement agreement between Malaysia and Abu Dhabi would achieve what is known in legal parlance as ‘no predicate offence’”, the newspaper quoted financial executives as saying. (its reports were widely reproduced in the Malaysian media)
So, if Malaysia could move to establish there was no predicate offence, shouldn’t others be offered a bite of the same cherry which would prove predicate offences had been committed?
With such stringent requirements, the DoJ has to establish that the money was indeed stolen and subsequently laundered by purchasing the yacht, jewellery, art pieces etc. The authorities want to establish a water-tight case in what has been described as the largest money laundering exercise in history.
And another timely reminder: When you set foot on foreign soil or use their institutions, you play by their rules. You can’t use friendship or connections to escape. The late Eric Chia of Perwaja fame found to his chagrin that rules of a foreign land – however tough or unacceptable – have to be followed to the letter.
In the case of Abdul Rahman, he claimed once names of the DoJ complainants are revealed, Malaysians would be able to see that they are linked with the agenda of Malaysia's opposition parties. Wouldn’t it be also germane to ask not only Singapore but our own enforcement agencies the same question? All collect and collate data when banks or financial institutions flag bank accounts and report what appear to be nefarious activities.
Bank Negara, on its website, has a list of companies and individuals who have been convicted for money laundering. A Google search will show there have been scores of other prosecutions for similar offences which were investigated by the Malaysian Anti-Corruption Commission, the police and other enforcement agencies. These agencies, in many cases, had acted without a complaint based on information they had gathered in the course of investigations.
If we have Malaysians of such stature who passed invoices, sales receipts, bank statements and other documents from jeweller Lorraine Schwartz to the DoJ, we journalists would love to have him or her as our “deep throat”. It preposterous to suggest that someone from home (the opposition is always the bogeyman) provided such succinct details and documentation or even filed a complaint.
The time has come for ministers to stop treating Malaysians as people of little intelligence. Time has also come for newspapers, its owners and editors to stop the dissemination of half-truths and misinformation. The declining readership of newspapers is sufficient to suggest the mistrust and the lack of confidence in the content. To all, as had been said before, we must make every effort to eradicate this disease called the Truth Deficiency Syndrome. If not, this country will be engulfed by it.
R NADESWARAN is an award-winning veteran journalist who writes on bread and butter issues with one agenda - a better quality of life for all Malaysians irrespective of colour, creed or religion. He can be reached at: citizen.nades22@gmail.com. - Malaysiakini, 19/6/2017
Development Bhd (1MDB) – some unsolicited and others prompted – have clouded the space and airtime in both the print and electronic media.
So many people have said so many things – some bird-brained theories, some wayward questions and many incomprehensible statements. But above all, Malaysians can take consolation that they were a handful of intelligent analysis and positive examination of the issues.
However, the statements of two ministers leave the intrepid reader, listener, and viewer wondering: “what is going on?” At least two newspapers reported their response without telling readers what they were talking about.
It was akin to telling people “don’t listen to the lies perpetrated by Nadeswaran” without telling them what were the lies I had concocted or spread. But reading all sides of the story, there is this inherent duty as a journalist to explain why certain things are done in certain ways without resorting to lies as avowed by certain parties.
Let’s examine their assertions: Communications and Multimedia minister Salleh Said Keruak argued that the pronouncement by the DoJ is a form of interference, as their claim is not confirmed to the subject matter: which is about an alleged crime committed on US soil.
The minister in the Prime Minister's Department, Abdul Rahman Dahlan demanded to know the names of the complainants which led to the DoJ’s investigations.
To put the matter in the right context, let us look at each of these assertions.
“A large part of the DOJ statement talks about what is happening internally in Malaysia, and an even larger part has no relevance to the subject of whether a crime has been committed on US soil as alleged,” Salleh said in a statement.
But what he does not understand is that the filings are part of its civil forfeiture action to seize assets it claims were bought using funds siphoned from 1MDB. No one is accusing the recipients of any wrongdoing although they may or may not have known the source of funds.
The more pertinent point is that foreign banks, in this case, US financial institutions, were used to launder the money stolen from 1MDB. But Salleh must agree that what is good for the goose must also be good for the gander.
When Singapore carried out discreet investigations over two years and acted against individuals and investigations into the laundering of money from 1MDB accounts, there was hardly a whimper. Some of the money was traced to 1MDB and other companies in which Malaysians were in control.
What was at stake was not where the money came from. It could have come from Timbuktu or from personal coffers of Mugabe or 1MDB. Did anyone ask the Monetary Authority of Singapore to identify the complainants?
It acted on its own volition and what mattered most was the island republic’s reputation as an international financial hub. It acted to penalise those who had acted to use its systems and instruments to launder money.
At the end of it all, it slapped S$29.1 (about RM100 million) in penalties on eight wayward banks and convicted five bankers. Three of the five have been banned for life or a minimum of 15 years from Singapore’s securities while another was banned for 10 years. Three more face bans from three to six years.
Singapore authorities, according to the Straits Times, stressed the scale of the probe had been unprecedented, spanning hundreds of thousands of transactions involving many shell firms and people operating in the US, Switzerland, Hong Kong, Luxembourg, and Malaysia.
Every sovereign nation has a right to defend itself and its institutions from being used for illegal activities, especially money laundering. The US and jurisdictions in other countries are just doing that or have done that.
To simplify the issue, let’s use this analogy. Mr A steals money from a Bank B in Malaysia and transfers it to Mr C’s account in London. He then orders expensive diamonds for Miss D, an Australian, from jeweller E in London. He then orders and obtains the jewellery and gets Mr C to pay E.
The principal offender may be Mr A but the person who receives and launders the money is Mr C. But in order to prove that the source of the money was in the first place indeed “dirty money”, most authorities take pains to establish a predicate offence.
A predicate offence is a crime that is a component of a more serious criminal offence. Generally, the term “predicate offence” is used in reference to underlying money laundering and/or terrorist finance activity. And this practice is not new as Malaysian authorities wanted to use this prevent the DoJ from further investigations.
On April 20, the Straits Times reported that Malaysia and Abu Dhabi had reached a settlement on a dispute involving billions of dollars in debt obligations of 1MDB that is at the centre of an international money-laundering probe.
“The disputed monies in the Malaysia-Abu Dhabi row are central to legal suits brought by the US Department of Justice over the alleged misappropriation of funds from 1MDB. The Department of Justice claims that the funds siphoned from 1MDB went to fund purchases of real estate and other assets by associates of PM Najib. The settlement agreement between Malaysia and Abu Dhabi would achieve what is known in legal parlance as ‘no predicate offence’”, the newspaper quoted financial executives as saying. (its reports were widely reproduced in the Malaysian media)
So, if Malaysia could move to establish there was no predicate offence, shouldn’t others be offered a bite of the same cherry which would prove predicate offences had been committed?
With such stringent requirements, the DoJ has to establish that the money was indeed stolen and subsequently laundered by purchasing the yacht, jewellery, art pieces etc. The authorities want to establish a water-tight case in what has been described as the largest money laundering exercise in history.
And another timely reminder: When you set foot on foreign soil or use their institutions, you play by their rules. You can’t use friendship or connections to escape. The late Eric Chia of Perwaja fame found to his chagrin that rules of a foreign land – however tough or unacceptable – have to be followed to the letter.
In the case of Abdul Rahman, he claimed once names of the DoJ complainants are revealed, Malaysians would be able to see that they are linked with the agenda of Malaysia's opposition parties. Wouldn’t it be also germane to ask not only Singapore but our own enforcement agencies the same question? All collect and collate data when banks or financial institutions flag bank accounts and report what appear to be nefarious activities.
Bank Negara, on its website, has a list of companies and individuals who have been convicted for money laundering. A Google search will show there have been scores of other prosecutions for similar offences which were investigated by the Malaysian Anti-Corruption Commission, the police and other enforcement agencies. These agencies, in many cases, had acted without a complaint based on information they had gathered in the course of investigations.
If we have Malaysians of such stature who passed invoices, sales receipts, bank statements and other documents from jeweller Lorraine Schwartz to the DoJ, we journalists would love to have him or her as our “deep throat”. It preposterous to suggest that someone from home (the opposition is always the bogeyman) provided such succinct details and documentation or even filed a complaint.
The time has come for ministers to stop treating Malaysians as people of little intelligence. Time has also come for newspapers, its owners and editors to stop the dissemination of half-truths and misinformation. The declining readership of newspapers is sufficient to suggest the mistrust and the lack of confidence in the content. To all, as had been said before, we must make every effort to eradicate this disease called the Truth Deficiency Syndrome. If not, this country will be engulfed by it.
R NADESWARAN is an award-winning veteran journalist who writes on bread and butter issues with one agenda - a better quality of life for all Malaysians irrespective of colour, creed or religion. He can be reached at: citizen.nades22@gmail.com. - Malaysiakini, 19/6/2017
DoJ should press charges if they have proof, says Hishammuddin
DEFENCE Minister Hishamuddin Hussein urged the US Department of
Justice (DoJ) to press charges if they have concrete proof of alleged
misapproriation of funds from 1Malaysia Development Berhad (1MDB).
"They should not make multiple statements without taking any actions.
"When they do press charges, those who are charged would have the
opportunity to clear their names," he said the at a briefing session of
the party's handbook on 14th general election at Putra World Trade
Centre (PWTC)
He also said statements made without any further actions would only jeopardize DoJ's credibility.
On June 15 , the DoJ filed a civil action to seize assets worth US$540 million (RM2.3 billion), believed to have been purchased using money siphoned from state investment fund 1MDB.
This brings the total amount of allegedly misappropriated funds from 1MDB to US$4.5 billion.
The DoJ is seeking to seize, among others, Malaysian financier Low
Taek Jho, or Jho Low’s, luxury yacht called Equanimity which is worth
US$165 million and rights to the film "Dumb and Dumber To" produced by
Red Granite, a production house co-owned by Riza Aziz, Najib’s stepson.
The DoJ suit also noted that Low had purchased, using money from
1MDB, a 22-carat pink diamond necklace worth US$27.3 million for the
“wife of Malaysian Official No. 1” (MO1).
MO1 was previously identified as the prime minister by a minister in the Prime Minister’s Department
"Those are merely allegations. They need to charge because right now it is just a speculation," he added.
Yesterday, Rosmah Mansor threatened to sue those who produce "false, malicious publications or postings" against her, but legal experts say it is likely an empty threat. – June 18, 2017. - Malaysian Insight, 18/6/2017
Minister suspects DoJ’s 1MDB complainants have ‘heinous agenda’ against PM
Sunday June 18, 2017
03:08 PM GMT+8
Department of Justice (DoJ) must name the
complainants in its investigations into the troubled 1Malaysia
Development Berhad (1MDB), Datuk Seri Abdul Rahman Dahlan said today.
KUALA
LUMPUR, June 18 — The US
The Minister in the Prime Minister’s Department said this was necessary
so the public could tell how deeply involved the complainants were
within the Opposition parties in their alleged agenda to overthrow Prime
Minister Datuk Seri Najib Razak.
“My suspicion is that these complainants are actually Malaysians with
heinous political agenda against the Prime Minister and the government.
“Malaysians deserve to know who these complainants are and the DoJ should reveal their identities,” he said in a statement.
Commenting on the civil lawsuit, Abdul Rahman said the DoJ had every
right to file a suit but it was important to base the case on facts and
not on rhetoric or ill-intentioned statements.
“1MDB is not a party to the DoJ civil lawsuit. In fact, the assets that
the DoJ alleges were wrongfully procured and seeks to seize, were in
fact purchased by entities that are not legally owned nor controlled by
1MDB,” he said.
On Thursday, the DoJ announced its latest civil filing that sought to
seize US$540 million (RM2.31 billion) in assets obtained by funds
allegedly stolen from 1MDB. The latest civil forfeiture complaints from
the lawsuit launched last July alleged that more than US$4.5 billion had
been misappropriated from the Malaysian state investment firm from 2009
through 2015.
1MDB has since responded saying that the allegations were not backed with proof.
The Malaysian Anti-Corruption Commission (MACC) subsequently said that it will leave the matter with the police to handle.
Attorney-General Tan Sri Mohamed Apandi Ali had said that no wrongdoing
or misappropriation was found in 1MDB after the Malaysian firm was
probed by various agencies, such as the MACC, the Auditor-General and
the bi-partisan Public Accounts Committee.- Malay Mail, 18/6/2017
No comments:
Post a Comment