A tale of two prime ministers

This is exactly how it should be done. This is what you do if you have nothing to hide. This is undoubtedly a man of honour with impeccable integrity. He not only apologised for the conduct of others but has also called on the entire nation and all members of the Singapore parliament, irrespective of party affiliations, to examine him. - https://youtu.be/h76nx_5gRBc

Singapore must be proud of her Prime Minister who is man enough to grab the bull by its horn and face his critics, even if the critics are just siblings. 

It may be a personal issue but Lee Hsien Loong is wise enough to note that his family feud has tarnished the seat of the prime minister and the government of Singapore. Such is his respect and responsibility to the office of the Prime Minister.

His Loong's late father Mr Lee Kuan Yew would certainly be proud of his eldest son for walking in his footsteps, for standing tall with his morals intact. 

Bravo Mr Prime Minister !

Meanwhile Malaysians on this side of the causeway are hoping that Hsien Loong's counterpart would take a leaf or two from his conduct as a leader, prime minister and an elected representative of the people. 

In Malaysia the state of affairs are very different although Najib Razak the Prime Minister is embroiled in a far more serious scandal which is criminal in nature. 

1MDB's international financial scandal and the US Department of Justice (Kleptocracy Asset Recovery Initiative unit) investigations is now world news. 

Malaysia's international image today is at its lowest ebb. Almost every international news outlets from Australia to Africa and Europe have been reporting the biggest kleptocracy scandal in the history of the USA. The root of the scandal is in Malaysia and Najib Razak is very much in the midst of it. DoJ has all the evidence.

Billions of ringgit in funds stolen from 1MDB have been laundered in the US and investigations show that RM2.6billion has made its way into Najib Razak's personal bank account. DoJ has also exposed a more than RM100 million pink diamond link to Najib's wife Rosmah.  

In Singapore the prime minister has apologised over a personal family feud and presented himself for public scrutiny but in Malaysia the embattled prime minister's lackeys are screaming at the top of their voice demanding to know who reported the crime to DoJ. 

In Singapore the prime minister has called on all Members of Parliament to scrutinise/debate the handling of his family feud and the matter's negative impact on his position and that of the government.

In Malaysia the Auditor General's report on 1MDB has been classified a secret under the Official Secrets Act although such classifications of an AG's report is unheard of and could most probably be against the constitution. 

The Speaker of Dewan Rakyat in the Malaysian parliament even threatened to quit if the 1MDB scandal was debated in the house. Any debate on the matter was later disallowed on the pretext of being subjudice. 

In Malaysia the prime minister is bending over backwards to politicise the 1MDB scandal although its is purely criminal in nature. 

The Attorney General who acts more like the prime minister's counsel has unilaterally cleared Najib Razak of any wrongdoing despite RM2.6 billion dollars making its way into Najib's personal account. 

A multi agency task force that initially investigated the 1MDB scandal was also disbanded and the then Attorney General sacked. 

Hsien Loong of Singapore too could have attempted to silence his critics and threaten to sue anybody who deliberated on his family feud on social media but he did not. Probably he didn't have anything to hide. 

The Singapore PM came out to clear the air because 'he is a public servant' but Najib has gone to court to argue that as prime minister he is not a public servant. 

In Malaysia exposing the 1MDB scandal and the theft of billions of ringgit in public funds is treated as crime. Whistle blowers and critics are taunted and hunted. 

Instead of wanting to nail the thieves who robbed the nation the ruling party's political operatives and lackeys are questioning who reported the crime. 

Whistle blowers are branded as traitors in a climate where truth is treated with contempt. 

Such is the tale of two prime ministers who are separated by a narrow body of water but a gaping difference in integrity.

p/s 

The initial heading for this post was - 

How to be a man and a Prime Minister, by Lee Hsien Loong

1MDB - Department of Justice continues the hunt

MO1

JUSTICE NEWS

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.

Attorney General Apandi Ali may want to take a second look at the 1MDB scandal before its too late for him.

p/s 

Inspector General of Police Khalid Abu Bakar appears a bit busy clarifying his much talked about Gopi-link. 

A workable and peaceful exit for Najib

1. There seems to be no end to it for Najib and the country, one crisis after another, the latest being the infighting in FELDA. It would seem more and more negative information is coming out which may implicate him, especially on the 1MDB saga, which the DOJ in the US (and perhaps in other countries too) is expected to pursue criminal proceedings against people close to him.

2. It does not matter who is right or wrong anymore, the country is heading towards a terrible economic slowdown and a major social political confrontation, which would benefit no one. The race/religious politics is going to complicate things more and make it easy for innocent people to suffer from violence and collateral damage. Past experiences from other countries suggest that a violent upheaval seeking vengeance and retribution may not be a sustainable answer and may bring more instability, which the country can ill-afford at this time.

3. A recent secret poll on the outcome of the next general election suggested that BN might lose badly. For example, it predicted that BN would only win in 3 states - Sarawak, Terengganu and Pahang.

4. Najib has implied openly on 8 June 2017 that he is facing much stress as the PM and he was not getting enough sleep, which would definitely have an adverse and severe effect on his health and well-being.

5. Najib must accept that enough is enough. The sooner the better for him and the country, before the situation gets out of control. Time and his health are not on his side as the deadline (August 2018) for the election draws closer. What if the secret poll is right and the tide turns against BN, by then and whatever “Plan B” he may have, may not work anymore? He is still in a good position to negotiate a workable and peaceful exit to save himself and his family and also to preserve whatever legacy that is left of his great father.

6. The whole world and the country is watching his every move closely and it is time that he must demonstrate responsibility, leadership, humility and common sense for the sake of the country and the safety of him and his family.

7. It may be now or never as history may also judge him harshly if he does not do the right things now and he ends up as the loser in the end.

8. There is a wise saying - “Always have a successful exit than a favourable entrance. Because what matters is not being clapped when we arrived, but being remembered when we leave.”

Note: The above is a jotting from a senior member of Barisan Nasional and an old friend of Najib who believes there is still room for manoeuvre. 

p/s 

I know exactly how Najib will be remembered. 

BMF vs 1MDB public debate - What do you think ?

I think the suggestion below is brilliant. 

Actually this would be a golden opportunity for Prime Minister Datuk Seri Najib Tun Abdul Razak to come clean and prove his innocence and at the same time expose former Prime Minister Tun Dr Mahathir Mohamad and his 'links' with BMF.

As the anonymous commenter (comment published in full below) on my last posting suggests, this could be Nothing to Hide Part 2. Another chance for Najib to make up for his missed opportunity during the first Nothing to Hide.

But would Najib be man enough to face Dr Mahathir before a live audience. What do you think?

Anonymous said...

BMF vs 1MDB (Nothing to Hide Part 2)
--------------------------------------------------

It is obvious Najib’s mouthpieces are working overtime trying to dig up “dirt” on Dr Mahathir’s administration.

First it was the BMF and after Dr Mahathir had explained and proved that it was handled transparently, investigations were conducted and a White Paper tabled and the perpetrators arrested, charged and jailed, Najib’s mouthpieces are moving on to another issue.

Without doubt, there were things that did not go the way Dr Mahathir planned during his administration but none of these alleged misadventures saw money ending up into Dr Mahathir’s account.

And all these so-called misdeeds were dealt with publicly and debated openly in Parliament. They were never designated Government secrets and put under the OSA.

This, as Dr Mahathir pointed out, was unlike the manner Najib handled the 1MDB case, in which he is caught lying and stealing and his reaction was to put a stop to investigations, sack those who questioned him, arrest those who reported against him and placed the Auditor-General’s report on 1MDB under the OSA etc…etc…

To put an end on this attempts to prove that Dr Mahathir had committed all these “sins” and as such Najib should not be criticised for his 1MDB scandal, it would be best that they have a public debate, similar to 2015’s “Nothing2Hide” face-off proposed by Najib’s supporters until Najib backed out in the last minute.

The face off can be titled BMF versus 1MDB and both Dr Mahathir and Najib can put forth their arguments.

The moderator should be a foreign personality of repute and to be held before live audience and aired live.

This should put an end to this case of “two wrongs making one right”.

And let the nation be the judge.

#nothing2hide2

China will lose...

The people's republic of China has been our trusted friend and ally for a long time. We enjoy openness and mutual respect, and our relationship goes beyond diplomatic niceties. 

We have been trading with China for more than 2,000 years. China must have been trading with us for over 2,000 years too. The binding force is trust.

Often when comparing China to the West Tun Dr Mahathir Mohamad used to say that China never aimed to conquer other nations despite its economic prowess in the past, unlike the Europeans. 

When he was prime minister, Dr Mahathir regarded China as a true friend, although Kuala Lumpur's foreign policy then was to remain neutral in geopolitical muscle-flexing between Beijing and Washington. 

Malaysians watched in awe as the Communist state developed into a regional economic power. Malaysia was happy because we subscribed to the 'Prosper thy neighbour' policy. China our friend has now transformed into a superpower. 

Is China the superpower still a trusted friend of Malaysians. Is it the China that fights corruption with death by firing squad? 

Malaysians trusted China because Beijing led by example in the past. We know hardwork, impeccable integrity and good governance led to China's rapid growth into a world power in less than two decades. 

We trust integrity and good governance remains China's core values. 

Some believe that recent geopolitical manoeuvres in the region could have eroded some of China's long held values. Only Beijing could clarify this negative perception. 

Confucius is often quoted to portray the wisdom of the Chinese. We have enjoyed good people to people ties for centuries.

However you flip it, ties with a kleptocrat while betraying a nation in crisis cannot be politics. If it is then that's dirty politics. Certainly such dirty deals and backstabbing cannot be the cornerstone of a superpower in waiting. 

China will lose if trust is lost.  


p/s 

We may soon require MOUs with China on how best to combat corruption, abuse of power, theft and treachery. 

A big test for America

No, this is not about the current dilemma of choice between Donald Trump and Hillary Clinton. That's the US' domestic politics, albeit its impact elsewhere. 

The bigger test for the US, particularly in Asia and specifically Southeast Asia, is one of trustworthiness. 

The US' resolve in fighting kleptocracy and corrupt politicians globally is being put to test in Malaysia but many are unsure if the so-called 'fight' is for real or just another game of geopolitics.

US Attorney General Loretta Lynch' announcement of investigations by the Kleptocracy Asset Recovery Initiative was indeed light at the end of the tunnel for many Malaysians, including graft busters who were stonewalled by the top prosecutor. 

United States Seeks to Recover More Than $1 Billion Obtained from Corruption Involving Malaysian Sovereign Wealth Fund 

Attorney General Loretta E. Lynch announced today the filing of civil forfeiture complaints seeking the forfeiture and recovery of more than $1 billion in assets associated with an international conspiracy to launder funds misappropriated from a Malaysian sovereign wealth fund.  Today’s complaints represent the largest single action ever brought under the Kleptocracy Asset Recovery Initiative.

Attorney General Lynch was joined in the announcement by Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Eileen M. Decker of the Central District of California, FBI Deputy Director Andrew G. McCabe and Chief Richard Weber of the Internal Revenue Service-Criminal Investigation (IRS-CI). - US Department of Justice 

Coming amidst attempts of an unprecedented cover up of almost anything and everything about 1MDB,  the US Attorney General's announcement was certainly bigger than a mere flicker of hope. 

Enforcement authorities from both Switzerland and Singapore have taken action against banks involved in money laundering and related crimes around the siphoning of funds from 1MDB. They say more actions are forthcoming. 

Naturally the high powered kleptocracy investigations by renowned US agencies under the DoJ, like the FBI and IRS, should be in high gear.  

A news article below points that a criminal investigation is indeed in progress in the US following DoJ civil suits to recover approximately USD 1billion of assets acquired from funds stolen from 1MDB.    

- Gilman says seizing assets from a foreign leader — and Razak is still in power — can create a diplomatic nightmare. But he says that can't impact the case.

GOATS AND SODA 

They're Caught In A Crisis That Isn't Hitting The Headlines

"The prime minister is not going to live forever. And when he's out of office and all this money is discovered in the U.S., are we better off having been pro-active or basically wait until the prime minister dies and apologize?" he says.

It's one thing to seize the stolen assets, another to retain them. The accused in all these cases employs a raft of lawyers, and it's often difficult to find witnesses and gather evidence overseas. For that reason, the Justice Department focus is on civil forfeitures, or trying to get the assets back, rather than prosecutions.

GOATS AND SODA 

How Boko Haram Is Keeping Polio Alive In Nigeria

Any money from the seized assets is sent back to the country to which it belongs.

No one has been prosecuted so far, but Caldwell says there is a criminal investigation in the 1MDB case that could lead to a prosecution.

So far the Kleptocracy Initiative has recovered about 10 percent of the assets it's gone after. And that white Michael Jackson glove? It's back in Equatorial Guinea.

Still, Caldwell says the unit has been successful, for a relatively new initiative.

PARALLELS 

Africa's Leaders Aim To Change Perception Of The Continent

"I don't think the success of the Kleptocracy Initiative should necessarily be measured by the dollar amounts that we recover. I think it should be measured by the fact that we're doing it at all," she says.

The 1MDB case will be the big test, says lawyer Blum.

"It's a big challenge, because the money is so big and the consequences are so huge, they can't simply walk away and say it didn't happen," he says HERE

Listen HERE

Does criminal investigation by the US' Department of Justice give any hope to folks in Malaysia ?   

"How sure are you that the US won't use the DOJ probe to threaten him (Malaysian Official 1). The US knows he is pandering to China and they would want to win him over, by hook or crook. Don't you think so? a retired military officer opined when the DOJ probe popped up during our brief exchange recently. 

His first question when we bumped into each other at the Tropicana Mall was -"Ah! What happened to the 1MDB investigations by the US ? The query was accompanied by a snide smile.

Guess its only natural for a society to be suspicious after being continuously let down by their own enforcement agencies, elected leaders and the once trusted system of governance. 

Malaysia is now famous for all the wrong reasons.  

As a nation Malaysia is undergoing tough tests, the toughest since her Independence from the British in 1957 but it is certainly a much  significant test for the United States of America. 

It is almost THREE MONTHS since the July 20, 2016 bombshell by the US Attorney General. What next ?  

Investigators and prosecutors, no matter who and where they are, cannot be dragging their feet when a nation is sliding into dungeon due to massive fraud, corruption and outright treachery by those elected to lead.  

"It is unlikely for MO1 or his henchmen to strike a deal with the FBI or the Department of Justice because the FBI doesn't do 'deals' with kleptocrats. 

"If they (FBI) had wanted to keep it under wrap then we wouldn't have heard anything from the US Attorney General about their extensive international probe.

"It's just a matter of time," states a former intelligence officer.  

The cop turned lawyer says Malaysians should trust the US enforcement agencies to do their job without fear or favour, especially when a crime is committed on their soil. 

It is a test in many ways. We can't do much but to just wait and see the results. 

p/s

Below is a latest example of what the Malaysian Government is capable of doing, if it wanted to. This is apart from threats of bloody riots and ethnic clashes by unruly ruling party leaders. 

"The Government could have easily erased Tun Dr Mahathir Mohamad’s legacy by demolishing the iconic Petronas Twin Towers if it wanted to, said Datuk Seri Dr Salleh Said Keruak - Malaysian Communications and Multimedia Minister.  

PERINGATAN - Melindungi pengkhianat adalah jenayah

Sidang akhbar bersejarah ini diadakan pada 25hb Januari 2016, lebih kurang tujuh bulan yang lalu, di  pejabat Peguam Negara Malaysia Putrajaya. 

Kandungan sidang akhbar ini diketahui seluruh dunia tetapi sehingga kini ramai yang masih mempertikaikan keputusan Apandi Ali yang dikatakan bertindak lebih sebagai peguambela orang yang disyaki (Najib Razak) daripada tugas hakikinya sebagai peguam negara. 

Dengan bukti-bukti baru yang dikemukakan Kerajaan Amerika Syarikat mungkin Apandi akan membaca kembali kenyataan beliau tempohari kerana isunya bukan sekadar kredibiliti Apandi sebagai peguam negara tetapi juga berkisar dengan kelakuan jenayah melindungi penjenayah.

Kelihatan disebelah kiri Apandi Ali (dalam rakaman video diatas) adalah Datuk Dzulkifli Ahmad (yang memeriksa teks kenyataan yang dibacakan peguam negara dengan teliti). Ketika sidang akhbar ini diadakan pada bulan Januari yang lalu Dzulkifli bertugas dibawah Apandi di Jabatan Peguam Negara. 

Kini Dzulkifli adalah Ketua Pesuruhjaya Suruhanjaya Percegahan Rasuah Malaysia. Perlantikan Dzulkifli memang telah dijangka sejurus selepas sidang akhbar di-atas. 

Jangan terkejut dengan amaran terbaru Dzulkifli, khususnya yang ditujukan kepada penjawat awam, kerana itu adalah tugas terbaru beliau. Saya pasti Dzulkifli sedar bahawa ramai yang sedang memerhatikan beliau secara dekat, dari dalam dan luar SPRM. 

Untuk makluman, Najib Razak adalah penjawat awam.    


p/s 

Bersubahat melindungi jenayah juga adalah jenayah, lebih-lebih lagi jika yang bersubahat itu adalah mereka yang diamanahkan untuk menegakkan undang-undang yang termaktub dibawah Perlembagaan Malaysia. Pastinya hukuman bagi jenayah melindungi kesalahan jenayah akan lebih berat jika yang cuba dilindungi itu adalah pengkhianat negara.

1MDB scandal - Challenge the US Attorney General if you are innocent

The consequences of Justo’s leaks are still reverberating around the world. When the US Department of Justice laid out the case against 1MDB last week, it pulled no punches. “The Malaysian people were defrauded on an enormous scale,” said Andrew McCabe, the FBI’s deputy director. US officials told the Guardian that any party who wanted to contest the attorney general’s claim must file a response in a federal court within 60 days to answer the factual allegations. The Guardian 

Loretta Lynch the brave AG

Well the US officials' statement in The Guardian sounds very fair, clear and could easily be understood by a 10 year old kid. Those who are not happy with US attorney general Loretta Lynch could challenge her in a court of law. 

Claims of kleptocracy, money laundering, fraud and implied treason following the US Department of Justice / FBI's joint investigations on 1MDB-linked crimes could be contested in a court of law. 

To begin with Prime Minister Najib Razak, who is the thinly-veiled Malaysian Official 1, should instruct his lawyers to file a response in a federal court (I suppose in the US) within 60 days. 

You can file it on Monday without having to wait for another Tuesday, if you have anything factual to prove that Lynch is wrong.  

I'm sure Najib could seek help from the local Legal Aid Bureau or the Malaysian Bar Council if he feels that his lawyers are not competent enough to stand straight when facing Lynch the US Attorney General.

Malaysian Official 1, if you don't file a response just zip it. We have had enough of your shadow play and outright lies. 

Just to recap below are recordings of Lynch and her fellow investigators press conference during which the 1MDB-linked kleptocracy was unveiled, as the biggest in US history. Listen carefully to the choice of words used to explain the crimes against Malaysia and Malaysians.

Actually Rosmah Mansor's son Riza Aziz and his buddy Jho Low who were named in the DoJ civil suit together with another Arab conman could start filing their response at a federal court in the US if they still happen to be partying in the US. I'm not sure if you could file a response in a US court while drowning your sorrows in a fortified bungalow in KL. No harm trying though.

Riza the stepson 

p/s 

Just remember that Loretta is not Apandi Ali and Apandi Ali is not Loretta. Btw, how many Tuesdays are there in 60 days from the 20th of July?

1MDB - The Conference of Rulers has a Sacrosanct Duty to Intervene

Concerned Lawyers for Justice (CLJ)

27th July 2016

What transpired in the past week, especially with the filing of the Verified Complaint by the US Department of Justice (DOJ) on July 20th, against the “international conspiracy to launder money misappropriated from 1Malaysia Development Berhad (“1MDB”), [1] triggers the pressing need for the Conference of Rulers, in accordance with the respective Royal Highnesses’ wisdom and discretion, to exercise the inherent and residual powers to intervene over the matter with all due haste, especially since it involves allegations of billions of dollars misappropriated from the Malaysian public funds.

INTERFERENCE WITH LOCAL INVESTIGATIONS

Over the course of more than a year, Malaysians have waited patiently for the investigations conducted locally to be concluded and for the outcome and findings thereof, only to helplessly witness oppressive measures obstructing due process of law taking place instead.

Officers tasked to look into the scandal, including those from the Attorney General’s Chambers (AGC), the Malaysian Anti Corruption Commission (MACC), and the Royal Malaysian Police Force (PDRM), were harassed, raided, detained and subjected to arbitrary administrative actions by the powers that be. The finding of the Public Accounts Committee (PAC) on the scandal was doctored by the PAC Chairman without the consent and knowledge of the other PAC members. The Auditor General Report on 1MDB is classified as official secret under the Official Secret Act (OSA), precluding the same from being publicly scrutinized, in direct contravention of Article 107 of the Federal Constitution. And the new Attorney General, Apandi Ali, appears to act more like a defense counsel for the Prime Minister, Najib Razak and 1MDB, than as a trustworthy and responsible public prosecutor.

All the above leads to no surprise that the local probe into the scandal fail to uncover what enforcement agencies from foreign jurisdictions, particularly in the US, have now managed to come to clear conclusion of trans-border money laundering involving funds misappropriated from 1MDB.

QUASI CRIMINAL PROCEDURE FOR FORFEITURE OF ASSETS

The statements of facts laid bare at considerable length in the DOJ’s cause-paper consists of serious and grave crimes, notwithstanding the Verified Complaint involves a civil procedure. In fact, the very procedure requires the establishment of criminal activity as ingredient to be fulfilled for the action in rem to succeed, which is not too dissimilar from our own local law, particularly under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

Paragraph 6 of the Complaint summarizes the nature of the crimes alleged: that between 2009 and 2013, “multiple individuals, including public officials and their associates, conspired to fraudulently divert billions of dollars from 1MDB through various means, including by defrauding foreign banks … to launder the proceeds of that criminal conduct, including in and through U.S. financial institutions.” [2]

While locally there seems to be attempts to downplay the severity of the allegations involved, especially by those aligned to the Najib Razak’s administration, it is noteworthy that all the facts stipulated were verified by no less than a special agent of the US Federal Bureau of Investigation (FBI), Robert B. Heuchiling, based from “information supplied by … law enforcement officers, experts, and other witnesses, as well as … investigation … of the [FBI].” [3] Further, the FBI and our MACC had both confirmed that the MACC assisted the FBI in the investigations, [4] thus putting the question whether the US was meddling over our internal affairs as a non-issue, as it was our own agency that provided the commitment for the cooperation into probing the cross-border criminal activity, and more so since the action filed in the US is pursuant to allegations of misappropriated funds laundered into the US’ jurisdiction.

ALLEGATIONS OF CORRUPT PRACTICES AT THE HIGHEST LEVEL

The allegations in the DOJ case on 1MDB illustrates high level corruption involving high level officials that seem to be too cunning and too powerful to be brought to justice here at home.

In fact, the much cited ‘Malaysian Official 1’ in the DOJ Complaint, that is said to have received USD 20 million (approximately RM72 million) that was misappropriated from 1MDB through a bank account held in the name of Good Star Limited in 2011 [5] and USD 681 million (approximately RM2.08 billion) through a bank account held in the name of Tanore Finance Corporation in 2013 [6], fits squarely with Najib Razak’s profile.

This is so since ‘Malaysian Official 1’ is defined in paragraph 28 of the DOJ Complaint as “a high-ranking official in the Malaysian government who also held a position of authority with 1MDB” — corresponding perfectly with Najib Razak’s position as the Prime Minister of Malaysia, and Chairman of the Board of Advisors of 1MDB; while paragraph 29 states that ‘Malaysian Official 1’ is a relative of the co-founder of Red Granite Pictures, Riza Aziz — consistent with the fact within the public knowledge that Riza Aziz is the step son of Najib Razak.

This is fortified even further when paragraph 263 of the Complaint states in the clearest term that ‘Malaysian Official 1’ is the person referred in Apandi Ali’s press statement dated January 26, 2016, wherein Apandi Ali confirmed that a sum of RM2.08 billion were transferred into Najib Razak’s personal bank account (despite curiously finding him not guilty of any offence), [7] literally leaving very little to no room for doubt that the grave allegations made in the Complaint implicates Najib Razak directly, and, unless immediate actions are taken to clear his name, tarnishes the good name of the whole nation almost beyond repair, but for the Royal Highnesses in the Conference of Rulers to recognize the need for immediate intervention.

SACROSANCT DUTY OF THE YDPA AND THE MALAY RULERS

It is said that desperate times call for desperate measures. In which regard, and in all humility, the Concerned Lawyers for Justice (CLJ) craves that the Yang di-Pertuan Agong (YDPA), along with the Royal Highnesses of the members of the Conference of Rulers, would have the wisdom to take the necessary steps to intervene in solving this whole scandal, to summon those implicated in the Verified Complaint to appear before Your Royal Highnesses to show cause and to answer to those serious allegations to Your Royal Highnesses’ satisfactions.

This is especially pressing since the investigations and enforcement against the suspected offenders of the scandal related to 1MDB at the local level had been seriously undermined and compromised, and there is a sense of ubiquitous helplessness among the people witnessing the system being manipulated by those in power to the detriment of the rule of law.

It is our solemn believe that the Malay Rulers and the YDPA are placed at the most sacred and appropriate position as the constitutional guardian of the rule of law and order in the country, overseeing all the three branches of the Government. The power and duty to administer the country were delegated from the Malay Rulers to the respective elected and appointed Prime Minister and his administration, and following which the Prime Minister and every other Ministers holding office are required to take the “Oath of Office and Allegiance” before the YDPA, to preserve, protect and defend the Constitution as per Article 43(6) of the Federal Constitution.

Therefore, when there are fundamental breach of this oath by those to whom such power to administer were delegated to, it is submitted that the YDPA and the Malay Rulers, being the source of such legitimacy to rule, would have the sacrosanct duty and inherent powers to intervene.

The enlightened opinion expressed by Justice Hamid Sultan in his dissenting judgment in Pathmanathan Krishnan v Indira Gandhi Mutho and other appeals [2016] 1 CLJ 911, although remains non-binding upon our Courts, may serve as useful guiding principle for our Rulers in exercising such inherent and residual powers, when His Lordship said that the oath of office of the YDPA under Article 37(1) of the Federal Constitution to uphold the rules of law and order in the country, “gives constitutional, judicial power to HRH to arrest any form of breach of rule of law as judicial power to do so is entrenched in the oath of office of HRH.”

The time has come for the Their Highnesses to act. And the Rakyats are looking up to their Rulers to put an end to this unprecedentedly high-level, prolonged, embarrassing and treacherous scandal.

Mohd Hafizuddin Khan Norkhan

Executive Director, Concerned Lawyers for Justice

Fatihah Jamhari

Secretary-General, Concerned Lawyers for Justice

Aidil Khalid

Campaign Co-ordinator, Concerned Lawyers for Justice

References:

[1] Refer to the DOJ complete cause paper of the Verified Complaint for Forfeiture in Rem dated 20th July 2016, over allegation of “an international conspircy to launder money misappropriated from 1Malaysia Development Berhad (“1MDB”)” at https://www.justice.gov/opa/file/877166/download

[2] Ibid paragraph 6

[3] Ibid page 136

[4] http://www.thestar.com.my/news/nation/2016/07/24/macc-fbi-probe-un-convention/

[5] Ibid No. 1, paragraphs 99 to 102

[6] Ibid No. 1, paragraphs 259 to 264

[7] http://www.agc.gov.my/agcportal/uploads/files/Publications/Press/KENYATAAN%20MEDIA%20BERHUBUNG%20KERTAS%20SIASATAN%20KES%20SRC%20INTERNATIONAL%20DAN%20RM2_6%20BILION%20YANG%20DIKEMUKAKAN%20KEMBALI%20OLEH%20SPRM.pdf

Note: This is a Press Statement released today. 

#MalaysianOfficial1