‘He helped, among others, bring down a government that had ruled for 61 years, helped
bring criminal charges against a former premier and friend, and catalyzed the return of a 93 year old man to power… – S. Jayasankaran’
Cops file charges against the Lows
KUALA LUMPUR: Police have filed criminal charges against businessman Low Taek Jho and his father for offences under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 over money allegedly stolen from 1Malaysia Development Bhd (1MDB).
A source said the charges were filed in absentia by the police with the sanction of the Attorney General’s Chambers at the Putrajaya Sessions Court yesterday morning.
According to the charge sheets made available to The Star, Low – also known as Jho Low – is facing eight counolice have filed criminal charges against businessman Low Taek Jho and his father for offences under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 over money allegedly stolen from 1Malaysia Development Bhd (1MDB).A source said the charges were fts of money laundering.
In the first, second and third charges, the 37-year-old allegedly received US$261,449,960 from unlawful activities into his BSI Bank Limited account.
In the fourth to eighth charges, he allegedly transferred €41,100,073.22 and US$140,636,225.10 into the account of World View Limited, Caymans Island, in Caledonian Bank Limited, Caymans Island.
The offences were allegedly committed at BSI Bank Limited, No.7, Temasek Boulevard, #32-01 Suntec Tower One, Singapore, between Dec 26, 2013, and June 3, 2014.
Jho Low’s father Tan Sri Low Hock Peng, 66, also faces a charge of money laundering where he allegedly transferred monies from unlawful activity amounting to US$56,449,980 from his bank account into his son’s BSI Bank Limited account.
He allegedly committed the offence at the same BSI Bank Limited on Feb 4, 2014.
All the charges were under Section 4(1)(a) of the Act, which carries a fine up to RM5mil, imprisonment for a term up to five years, or both, upon conviction.
The source said police also applied for warrants of arrest for Jho Low and his father.
The source said a portion of the money was used to purchase the luxury yacht Equanimity, which was seized by Malaysia two weeks ago.
Under Section 401 of the Criminal Procedure Code, an absent person with no immediate prospect of arrest may be tried by the court for an offence in his absence.
In a related development, Inspector-General of Police Tan Sri Mohamad Fuzi Harun said the new charges enabled the Royal Malaysia Police to obtain new warrants of arrest for Jho Low and his father.
“From there, we will ask Interpol to issue a fresh Red Notice alert on the duo. The Red Notice will seek the cooperation of relevant countries in tracking down the wanted persons,” he told The Star.
The Red Notice will also expedite the extradition process, which will be handled by the Attorney General’s Chambers, and to bring the duo back to Malaysia, he said.
“Our priority has always been to track them down and detain them as soon as possible,” he added.
Based on the charge sheets seen by The Star, journalists visited Jho Low’s family home in Tanjung Bungah, Penang, but no one appeared to be home.- The Star.
Statement by Equanimity (Cayman) Ltd
Despite being owners of the yacht in question, Equanimity (Cayman) Ltd. has received no legally valid notice of any filing related to a Sale Pendente Lite, nor any notice of a pending court hearing in the matter. This would be a requirement under law.
We also note that there are ongoing proceedings before U.S. courts – including a U.S. appellate court – regarding the ownership and custody of the asset, with active requests filed before a U.S. judge within the past 24 hours. Indeed, the U.S. Department of Justice submitted a filing in the U.S. court less than one week ago. For Malaysia to act unilaterally while there are pending court requests in the U.S. would be an affront to the international rule of law. In fact, Malaysia’s seizure of the vessel is already contrary to a U.S. court order appointing the U.S. Government as custodian of the yacht.
The U.S. has previously stated that it had no advance knowledge of Malaysia’s seizure of the yacht, and presumably the U.S. had no advance notice of this current Malaysian action either. It is important to note that, despite conflicting statements coming out of the Malaysian government, the U.S. has not proven its case regarding the Equanimity. The U.S. has only filed unproven allegations in court proceedings, after which the U.S. put the entire case on hold over Claimants’ objections. The result of that is that no party has been able to substantively respond to the allegations, and nor has the U.S. been required to prove them.
In addition, it is indisputably clear that Malaysia’s seizure of the vessel and apparent intent to immediately sell it goes entirely against the interests of the yacht and will drastically reduce – indeed, it is already drastically reducing – its potential sale value. Due to the Malaysian government’s precipitous, ill-conceived, and misguided actions, the yacht is running 24 hours per day, 7 days a week on generator power, which is unsustainable and harmful to the vessel. Moreover, Malaysia has currently docked the yacht in a hazardous environment in which toxins such as water pollution and nearby smoke are greatly damaging it. Because Malaysia apparently does not have – or does not want to spend – the necessary funds to properly maintain the vessel while it is prepared for a value-maximizing sale, Malaysia has instead proposed a “fire sale,” in which the yacht is to be sold for a fraction of its true value.
To move for a sale in Malaysia immediately would be a remarkable violation of due process and international legal comity and would call into question the actual ownership of the yacht for any potential buyer. These misguided actions would create a cloud on the Equanimity’s ownership that could easily take years to resolve in several courts around the world.
Tsuey Shan Ho
+44 (0)20 7092 3992
How Low will Jho go?
Superyacht: A file picture showing seized
luxury yacht Equanimity being brought to the Boustead Cruise Terminal in
Port Klang on Aug 7. — Reuters
A man who has never gone to school may steal from a railcar but a man who has gone to a university may steal the entire railroad
–- former US President Theodore Roosevelt
FUGITIVE businessman Low Taek Jho, also known as Jho Low, 38, has described Malaysia’s legal proceedings to quickly sell the Equanimity superyacht as a vindictive “sham”.
According to the rotund reprobate, it was a sham because the boat’s ownership was also being contested in the courts of the United States so the ‘hasty” Malaysian admiralty hearing was, at best, iffy.
But what the corpulent conman seemed not to want to concede was that both governments agreed – unequivocally, unarguably and emphatically – that the yacht was not his to roam the oceans with.
They both agreed that the RM1bil boat was bought with monies that were skimmed out of a Malaysian sovereign wealth fund.
Our man Jho has since been keeping a low profile, so low that no one seems to know where the fat fugitive is.
You might say he was distracted: the bulging bandit even left a multi-million dollar private jet back in Singapore and he hadn’t even complained, once, of the uncivil way the authorities just left it out in the sun for over nine months!
In this case, however, the pudgy pirate brought forth his spokespeople to complain about the way the yacht was kept “under the sun” in polluted waters, and with its batteries running 24/7. In short, it was not being treated as a superyacht should have been.
He should be consistent and set forth similar arguments about his private jet. Did I forget to mention that Singapore issued a warrant of arrest for him way back when?
In fairness to our man Jho, he has maintained that he has not stolen anything at all and all the money was his family’s inheritance to begin with.
The problem with that is that at least three countries – the US, Malaysia and Singapore – disagree with its reasoning. Another problem would be his absence from places where people want to ask him hard questions.
It is said that a fool and his money are soon parted. But Fat Boy and Other People’s Money was soon partying and the money seemed endless.
Mario Puzo, the author of the Godfather, put it like this: “A lawyer with a briefcase can steal millions more than a hundred men with guns.”
Let’s face it. He lived, what the Eagles called, Life in the Fast Lane.
He had a private jet and a superyacht.
He had palatial homes all over the world.
He dated Hollywood actresses.
He helped bankroll a Hollywood blockbuster.
He helped bring down a government that had ruled for 61 years, helped bring criminal charges against a former premier and friend, and catalysed the return of a 93 year old man to power.
He may have had more citizenships than Caesar.
And – wonder of wonders – he had no official position in 1 Malaysia Development Bhd. His name must surely resonate in future history books.
Breaking news! Just got word that Fat Boy and his father have been charged by the Attorney General’s Chambers for money laundering offences involving RM1bil, funds that were allegedly used to buy the yacht.
This will make Malaysia the first country to charge our man Jho. Not bad for an Attorney General who was said to “know nothing” of criminal law.
Now we know why they say money launderers are filthy rich.
What will the dodgy deviant say now?
Catch me if you can?
By S. Jayasankaran
The Bombardier Global 5000 jet parked on the tarmac of Seletar airport in Singapore PETALING JAYA: Malaysia will have to cough up at…