Showing posts with label money laundering. Show all posts
Showing posts with label money laundering. Show all posts

Friday, 14 October 2016

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.
"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.
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.
"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.  



Monday, 15 August 2016

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.



Saturday, 30 July 2016

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?



Friday, 29 July 2016

1MDB: The inside story of the world’s biggest financial scandal


On 22 June 2015, Xavier Justo, a 48-year-old retired Swiss banker, walked towards the front door of his brand new boutique hotel on Koh Samui, a tropical Thai island. He had spent the past three years building the luxurious white-stone complex of chalets and apartments overlooking the shimmering sea and was almost ready to open for business. All he needed was a licence.
Justo had arrived in Thailand four years earlier, having fled the drab world of finance in London. In 2011, he and his girlfriend Laura toured the country on a motorbike and, two years later, they got married on a secluded beach. The couple eventually settled down in Koh Samui, a tourist hotspot, just an hour’s flight south of Bangkok. After trying out a couple of entrepreneurial ventures, Justo eventually decided that he would go into the hotel business. He bought a plot with an imposing house and began building: adding a gym, villas and a tennis court.


That June afternoon, he was expecting a visit from the tourism authorities to sign off on the paperwork. Instead, a squad of armed Thai police burst through the unlocked door, bundling Justo to the groundThe officers tied their plastic cuffs so tightly around Justo’s wrists that he bled on the dark tiled floor. The police quickly moved into his office, ripping out the computers and emptying the filing cabinets.
After two days in a ramshackle local jail, Justo was flown to Bangkok and paraded before the media, in a press conference befitting a mafia kingpin. Still wearing shorts and flip-flops, he was flanked by four commandos holding machine guns, while a quartet of senior Royal Thai Police officers briefed the assembled reporters on the charges against him.
Justo was charged with an attempt to blackmail his former employer, a little-known London-based oil-services company named PetroSaudi. But behind this seemingly mundane charge lay a much bigger story.
Advertisement
Six months earlier, Justo had handed a British journalist named Clare Rewcastle Brown thousands of documents, including 227,000 emails, from the servers of his former employer, PetroSaudi, which appeared to shed light on the alleged theft of hundreds of millions of dollars from a state-owned Malaysian investment fund known as 1MDB.
The documents that Justo leaked have set off a chain reaction of investigations in at least half a dozen countries, and led to what Loretta Lynch, the US attorney general, described last week as “the largest kleptocracy case” in US history. - 
For a detailed narrative of this #MalaysianOfficial1 #1MDB scam to scheme Malaysia, go HERE.
It beats common sense why members of the Malaysian Cabinet are still throwing their little left weight behind a known thief.  
Please also read The Guardian's editorial that fits perfectly into Najib Razak's GLOKAL.


p/s 

The old man who can't even throw stones to break a glass is super star again. He didn't have to break a single glass to send thieves living in the glass house running helter skelter, like the Malay saying "lari tak cukup tanah".





Wednesday, 27 July 2016

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