SC to regulate digital assets


Good move: Lim says many people have bypassed Malaysia because the policy was not clear about digital assets

Move seen to spur growth in digital currency sector

Regulatory oversight of digital currencies and tokens, which kicks in from today, offers timely clarity and transparency to various players in the fledgling industry.

Omni Capital Partners Sdn Bhd managing director Scott Lim said everything would be above board with the regulation and governance under the Securities Commission (SC).

“Digital assets in Malaysia have been underwhelmed mostly. A lot of people have been bypassing Malaysia because the policy was not clear about it.

“Certainly, now that this is regulated by the SC, it’ll be good. We shall wait for the guidelines,” he said.

Celebrus Advisory co-founder Edmund Yong said the regulation is very much welcomed and one which is needed, as it would spur growth in the industry.

Celebrus is a compliance-first blockchain consultancy firm.

He added that the statement by the Finance Ministry was very accommodative with the intention to use tokens and the recognition of it as a fund-raising tool.

“In fact, it can be an indirect source of foreign direct investment, a borderless method to raise funds.

“But from now until March 31, there will be a twilight period. Many activities will be stopped in their tracks because they don’t know where they stand.

“Some would possibly even move offshore because of the draconian RM10mil and 10-year imprisonment punishment,” said Yong.

He said digital tokens could also be for points in computer games or reward points, and it too would be quite draconian if it is all painted with the same brush.

The Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019 kicks in today and any person operating unauthorised initial coin offerings (ICOs) or digital asset exchanges faces up to a 10-year jail term and up to a RM10mil fine.

Digital currencies and digital tokens are collectively known as digital assets, which will now be prescribed as securities.

The SC is putting in place relevant regulatory requirements for the issuance of ICOs and the trading of digital assets at digital asset exchanges in the country.

This is expected to be launched by the end of the first quarter this year.

Finance Minister Lim Guan Eng said the offering of such instruments, as well as its associated activities, would require authorisation from the SC and needed to comply with relevant securities law and regulations.

“The Finance Ministry views digital assets as well as its underlying blockchain technologies as having the potential to bring about innovation in both old and new industries.

“In particular, we believe digital assets have a role to play as an alternative fund-raising avenue for entrepreneurs and new businesses, and as an alternative asset class for investors,” he said in a statement yesterday.

Any person offering an ICO or operating a digital asset exchange without the SC’s approval will face an imprisonment term not exceeding 10 years and a fine not exceeding RM10mil.

Federal Territories Minister Khalid Samad mooted the idea of the Harapan Coin last year, which would be the world’s first political fund-raising platform using blockchain and cryptocurrency technology.

In November last year, shareholders of Country Heights Holdings Bhd approved the company’s plan to conduct an ICO to issue its own cryptocurrency, called “horse currency”.

Country Heights founder and chairman Tan Sri Lee Kim Yew had said that the company would like to be the first to launch cryptocurrency in the country when the regulations are ready.

The company’s plan is to eventually issue one billion horse currencies backed by RM2bil worth of physical assets held by the holding company, with an initial 300 million open to the public for circulation.

StarBizBy ROYCE TAN roycetan@thestar.com.my

Related:

 

Guan Eng: SC to regulate digital currencies starting tomorrow 

 


Securities Commission to regulate offering and trading of digital assets ..

 



SC to Regulate Offer & Trade of Digital Asset | Focus Malaysia

 


SC to regulate cryptocurrencies from tomorrow | Free Malaysia Today


 

BNM, SC say drawing up rules on digital assets | Money | Malay Mail

 

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Malaysia files criminal charges against Goldman Sachs, ex-bankers in 1MDB probe


https://youtu.be/jNJU98b4lzI

Malaysia takes Goldman Sachs to court with AG Tommy Thomas saying that the bank’s dealings with 1MDB broke laws at the heart of the capital markets; MRT Corp will be looking for a new CEO; and Unisem’s offer is “not fair or reasonable”.

This is the first time Malaysian prosecutors have directly targeted Goldman Sachs for its alleged role in the 1MDB scandal © AP

PETALING JAYA: The Attorney-General Chambers has filed criminal charges against subsidiaries of investment bank Goldman Sachs and its key employees over the handling of bonds issued by 1Malaysia Development Bhd (1MDB) totalling USD6.5bil (RM27.2bil).

Attorney general Tommy Thomas said that charges were filed against Goldman Sachs’ former Southeast Asia chairman Tim Leissner and former 1MDB employees Jasmine Loo Ai Swan and fugitive businessman Low Taek Jho, also known as Jho Low.

He added that banker Roger Ng Chong Hwa would be charged shortly.

Thomas said Leissner and Ng had conspired with Low, Loo and others to bribe Malaysian public officials in order to procure the selection, involvement and participation of Goldman Sachs in three Bond issuances.

He also said that the Goldman employees had not only received part of the misappropriated bond proceeds, but also received large bonuses and enhanced career prospects at the bank and in the overall investment banking industry.

“The charges arise from the commission and abetment of false or misleading statements by all the accused in order to dishonestly misappropriate USD2.7bil (RM11.3bil) from the proceeds of three bonds issued by subsidiaries of 1MDB, which were arranged and underwritten by Goldman Sachs,” he said in a statement on Monday (Dec 17).

Thomas said the three bonds were the 10-year USD1.75bil (RM7.32bil) issued by 1MDB Energy Limited, the 10-year USD1.75bil (RM7.32bil) issued by 1MDB Energy (Langat) Limited and the 10-year USD3bil (RM12.6bil) issued by 1MDB Global Investments Limited.

Thomas added that the investment bank had benefited by receiving underwriting and arranging fees of approximately USD600mil (RM2.5bil), which was higher than market rates and industry norms.

Thomas also said the Offering Circulars and Private Placement Memorandum for the Bonds filed with the Labuan Financial Services Authority had also contained statements which were false, misleading, coupled with omissions of material.

“Offering Circulars and Private Placement Memorandum are serious documents, intended to be relied on, and, in fact, were relied on, by purchasers of the bonds.

“The scheme designed and crafted by the accused to fraudulently structure the bonds for ostensibly legitimate purposes when they knew that the proceeds thereof would be misappropriated and fraudulently diverted by the accused themselves was planned and executed in order to defraud the Government of Malaysia and the purchasers of the bonds,” he said.

Thomas said their scheme had contravened Malaysia’s securities laws, particularly, Section 179 of the Capital Markets and Services Act, 2007 (Act 671).

“Malaysia considers the allegations in the charges against all the accused to be grave violations of our securities laws, and to reflect their severity, prosecutors will seek criminal fines against the accused well in excess of the USD2.7bil (RM11.3bil) misappropriated from the Bonds proceeds and USD600mil (RM2.5bil) in fees received by Goldman Sachs, and custodial sentences against each of the individual accused: the maximum term of imprisonment being 10 years,” he said.

He said that if no criminal proceedings are instituted against the accused, their undermining of the financial system and market integrity will go unpunished.

“Having held themselves out as the pre-eminent global adviser / arranger for bonds, the highest standards are expected of Goldman Sachs. They have fallen far short of any standard. In consequence, they have to be held accountable,” he said. – The Star.

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Huawei Surprise goldfish in a bowl


Uncertain future: In this courtroom sketch, Meng sits beside a translator during a bail hearing in Vancouver. She
faces extradition to the US on charges of trying to evade US sanctions on Iran. – AP 
The arrest of Huawei ‘heiress’ has thrown a rare spotlight on the family of the reclusive smartphone giant founder, Ren Zhengfei.

WHEN Huawei CFO Sabrina Meng Wanzhou appeared on Wednesday in a Vancouver courtroom, clad in an unbranded green tracksuit, the moment was witnessed by a single reporter from the local Vancouver Sun newspaper who happened to notice her name on the hearings list that morning.

By the end of the day, Meng’s arrest in Canada at the request of Washington was the biggest story in the world.

And when her bail hearing resumed on Friday, Meng entered court to see about 100 reporters, craning to look at her through two layers of bulletproof glass.

Meng who faces extradition to the United States, was charged for helping Huawei allegedly cover up violations of US sanctions on Iran.

Like many top Chinese executives, Meng is a mysterious figure even in her home country, but the 46-year-old chief financial officer of Huawei Technologies had been widely tipped to one day take the helm of the tech giant her father founded.

That was until her shock arrest, a move that has entangled her in the protracted diplomatic tensions between Washington and Beijing.

Crucially, Meng is the daughter of Huawei founder Ren Zhengfei – one of China’s leading businessmen, an ex-People’s Liberation Army officer and an elected member of the 12th National Congress of the Communist Party of China.

In other words, Meng is part of China’s elite.

Her father Ren moves in the highest government circles in China and founded Huawei in 1988, after he retired from the Chinese armed forces. Born into a rural family in a remote mountainous town in the southwestern province of Guizhou, Ren rose to the equivalent rank of a deputy regimental chief in the PLA and served until 1983, according to his official Huawei biography.

Officials in some governments, particularly the United States, have voiced concern that his company is close to the Chinese military and government. Huawei has repeatedly insisted Beijing has no influence over it.

Ren is one of the most watched entrepreneurs in China and was on Time magazine’s list of 100 most influential people in the world in 2005 and again in 2013.

But like his elder daughter, Ren has largely kept a low profile.

Ren has married three times. His first wife was Meng Jun, daughter of a former senior official in Sichuan province, Meng Dongbuo; she bore Ren two children: Sabrina Meng Wanzhou and a son, Meng Ping.

Meng’s current wife is Yao Ling, who gave him a younger daughter, Annabel Yao, 20. In a rare move, the three posed last month for a family photoshoot for French lifestyle magazine Paris Match. Annabel, a Harvard computer science student, became a sensation at last month’s Le Bal des Debutantes (or Crillon Ball) in Paris.

Ren’s third wife is Su Wei who, according to Chinese media reports, is a millennial who was formerly his secretary.

Interestingly, all his children opted not to take on their father’s surname – Meng adopted her mother’s surname after her parents divorced. According to Chinese news websites, Meng’s brother Ping, who also works for Huawei, followed her in taking their mother’s surname to “avoid unnecessary attention” – though the son was also known as Ren Ping in the past.

(This practice is not uncommon among the families of China’s elite. The co-founder of Chinese auction house China Guardian, Wang Yannan, opted not to take her father’s surname – she is the daughter of late Chinese premier Zhao Ziyang.)

Born in 1972, Meng joined the company in 1993, obtained a master’s degree from Huazhong University of Science and Technology in 1998, and rose up the ranks over the years, mostly holding financial roles.

In her first media appearance before the Chinese press in 2013, Meng said she had first joined the company as a secretary“whose job was just to take calls”.

In the interview with China’s 21st Century Business Herald, Meng said she began her first job at China Construction Bank after graduating with her first degree in 1992.

Arrested Meng: Like her father, the Huawei CFO had led a quiet life, out of the spotlight. – Reuters

Arrested Meng: Like her father, the Huawei CFO had led a quiet life, out of the spotlight. – Reuters

“I joined Huawei one year later because a branch closed its operations due to the business integration [of CCB],” said Meng, describing her early jobs in Huawei as “very trivial”.

Meng has served in various roles at the company since, until her latest role as the Hong Kong-based CFO of Huawei.

In 2003, Meng established Huawei’s globally unified finance organisation, with standardised structures, financial processes, financial systems, and IT platforms.

Since 2005, Meng has led the founding of five shared service centers around the world, and she was also the driver behind completion of a global payment center in Shenzhen, China. These centres have boosted Huawei’s accounting efficiency and monitoring quality, providing accounting services to sustain the company’s rapid overseas expansion.

Meng has also been in charge of the integrated financial services (IFS) transformation program, an eight-year partnership between Huawei and IBM since 2007. This has helped Huawei develop its data systems and rules for resource allocation, and improve operating efficiency and internal controls.

In recent years, Meng has focused on advancing detailed financial management at Huawei, working to align these efforts with the company’s long-term development plans.

Meng’s importance at Huawei became apparent in 2011, when she was first named as a board member. Company insiders describe her as capable and hardworking. Earlier this year, Huawei promoted Meng, to vice-chairwoman as part of a broader reshuffle. Meng is one of four executives who hold the vice-chair role, while retaining her CFO position. Despite assertions by Ren that none of his family members would succeed him in the top job, it is widely speculated that she was being groomed to take over the reins of the company eventually.

Married with a son and a daughter, Meng’s revelation that her husband did not work in the industry, dispelled the speculation she was married to a senior Huawei executive.

Meng did not conduct public interviews before 2013 and has seldom mentioned her personal life until recently, when she used her son to illustrate the importance of persistence.

“My son did not want to go swimming one day and he almost knelt on the ground and begged my husband so that he would not have to go. But he was rejected,” Meng said in a speech at Chongqing international school in 2016. “Now my son is proud to represent his school in swimming competitions.”

Meng recently made a speech at a Singapore academic conference in 2018, in which she talked of Huawei’s future role in technology development.

“Without universities, the world would be left in darkness. Without industry, science would be left in the ivory tower,” said Meng. “The fourth industrial revolution is on the horizon and artificial intelligence is one of its core enabling technologies. Huawei is lucky to be part of it.”

While her brother, Meng Ping, as well as her father’s younger brother and his current wife all work at Huawei and related companies, none has held such senior management roles.

“The other family members are in the back office, Sabrina is CFO and sits on the board,” a Huawei source said. “So she is viewed as the boss’s most likely successor.”

But her fate now is uncertain.

She faces up to 30 years’ jail for the alleged crime. Her lawyer in Canada, David Martin, had told the court that Meng posed no flight risk and should be granted bail. To flee would shame her in front of her father and all of China, said Martin.

“Her father would not recognise her. Her colleagues would hold her in contempt. She would be a pariah,” he said.

Meng leaned forward in her seat and dabbed at her eyes with a tissue.

When the hearing adjourned, she was led away with her head bowed, a goldfish in a bowl that is the biggest story in the world. – South China Morning Post

Younger Huawei daughter: ‘I’m just a normal girl’

Arresting Yao: ‘My daily life is actually pretty boring compared to this.’

JUST last month, the reclusive Huawei founder Ren Zhengfei made headlines by appearing in French lifestyle magazine Paris Match with his younger daughter and current wife.The daughter, Annabel Yao, 20, posed with a smile in front of a grand piano with her mother, identified by the magazine as Yao Ling, and Ren, who wore a blue shirt with his hand resting on her shoulder.

Suddenly, the whole family are making headlines again – even if for quite different reasons.

Few outsiders had previously heard of the younger daughter, a Harvard computer science student and ballerina. But Yao recently made a high-profile appearance at the exclusive Le Bal Debutante ball in Paris.

While Le Bal des Debutantes in Paris each year is a nod to the tradition of young society ladies entering the elite social scene of Europe, these days it courts modern debutantes, aged 16 to 21, who are chosen for their looks, brains and famous parents – prominent in business, entertainment and politics.

They parade in glamorous couture gowns, waltz with their cavaliers – young men who accompany the “debs” for the evening – and take part in photo shoots and interviews.

The schedule at the event, organised by Ophélie Renouard, is full of young women such as Baroness Ludmilla von Oppenheim, from Germany; Julia McCaw, daughter of AT&T founder Craig McCaw; and Yao – one of three debutantes chosen for the opening waltz this year.

“I definitely treated this as a debut to the world,” said Yao after the ball. “From now on, I’ll no longer be this girl living in her own world, I’ll be stepping into the adult world where I have to watch my own actions and have my actions be watched by others.”

Today’s Le Bal, is a diverse affair, a microcosm of the shifting tides of the global elite. Of the 19 debutantes of 2018, there were young ladies from India and America, Europeans from Portugal, France, Belgium and Germany, as well as Hong Kong’s Angel Lee, Kayla Uytengsu from the Philippines and China’s Yao.

Yao – who has lived in Britain, Hong Kong and Shanghai – was one of several Chinese debutantes in recent years. Hollywood offspring, such as the daughters of actors Forest Whitaker, Bruce Willis and Sylvester Stallone, have also become Le Bal regulars.

“All the girls were down-to-earth, easygoing, helpful and outgoing. No one was pretentious,” said Yao.

“All of them attended top universities or high schools like Stanford, Brown and Columbia, so it’s a group of girls who are privileged, but also work really hard.”

 

Diverse affair: Today’s ‘Le Bal’ is a microcosm of the shifting tides of the global elite like Yao (far right, front row).

 

As they swapped their jeans for tiaras and couture gowns and trade teenage antics for waltzing, the girls got to play fairytale princesses for three days and make their grand debut in high society.

They all arrived in Paris two days before the ball to meet, socialise with other girls and their cavaliers (Yao’s cavalier was the young Count Gaspard de Limburg-Stirum), rehearse and take part in portrait sessions.

Girls are given questionnaires about the fashion styles they like, and then choose from a selection. Yao donned a champagne gold J Mendel gown.

“An American designer with a very French style I wanted something modern,” she said. “I’m not super girlie inside, so I prefer something more chic and not so princessy It’s very elegant, and I’m not a fan of very [strongly] pigmented hues. I also loved the tulle texture of the dress, as it reminds me of a ballerina.”

“I definitely feel very honoured to be included, as there are only 19 girls in the world this year,” Yao added. “It means I have to work harder, try to accomplish great things in my life and be a role model for other girls.”

She said: “As people who have more privilege than others, it’s more important for us to help those with less opportunity. I want to get involved in philanthropy and charity I still consider myself a normal girl; it’s important for me to work hard and better myself every day.

“My daily life is actually pretty boring compared to this. I usually live like a normal student.”

Computer science is a heavy subject with a high workload, so she studies a lot. Her spare time is often taken up at the Harvard Ballet company (she’s been dancing since childhood). “I try to dance as much as possible,” she said.

A quick glance at the Ivy League student’s social media shows her jetting around the world wearing Dior, Louis Vuitton and Saint Laurent, but she’s quick to show her serious side. This summer, she did an internship at Microsoft “on a team focusing on machine learning and image recognition”.

However, she noted: “As much as I enjoy coding, I enjoy personal interactions a lot I have a passion for fashion, PR and entertainment.”

In the future, she sees herself working on the business side of technology. “I’ll try to integrate the tech knowledge I have,” she said. “I don’t think I’ll be a software engineer but maybe I’ll be more on the management side. I enjoy building connections.” – South China Morning Post

Growing stronger, opening wider key to resolving Huawei crisis

Huawei is now facing its most severe test since it became the world-renowned innovative tech company.

With executive’s arrest, US wants to stifle Huawei

The Chinese government should seriously go behind the US tendency to abuse legal procedures to suppress China’s high-tech enterprises. It should increase interaction with the US and exert pressure when necessary. China has been exercising restraint, but the US cannot act recklessly. US President Donald Trump should rein in the hostile activities of some Americans who may imperil Sino-US relations.

 

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In custody: A profile of Meng is displayed on a computer at a Huawei store in Beijing. The Chinese government, speaking
through its embassy in Canada, strenuously objected to the arrest, and  demanded Meng’s immediate release.  
AP

Malaysia goes to UK court to challenge IPIC-1MDB consent award US$5.78bil (RM24.16bil)


Malaysia legally challenges a consent award granted in 2017 to Abu Dhabi’s sovereign wealth fund, International Petroleum Investment Company (IPIC), following a debt dispute with its state investment fund, 1Malaysia Development Bhd.

Under the consent award, Malaysia is obliged to pay US$5.78 billion to IPIC and the bond trustee over five years. The country has paid US$1.46 billion so far.
Below is the full media statement from Malaysia’s attorney-general, Tommy Thomas, explaining why the country is filing the legal challenge.

CHALLENGING THE IPIC ARBITRATION CONSENT AWARD

1. The Government of Malaysia will apply to the Courts of England for an order to set aside a Consent Award recorded on 9th May 2017 by an Arbitration Tribunal sitting in London. We are confident that we have a strong case. The Arbitration, conducted under the Rules of the London Court of International Arbitration, was between International Petroleum Investment Company (“IPIC”) and Aabar Investments PJS, as Claimants, and 1MDB and our Minister of Finance Inc., as Respondents.

2. Under the Consent Award, Malaysia is obliged to pay US$5.78 billion to IPIC and the Bond Trustee over a five year period. So far, US$1.46 billion has been paid, leaving a balance of US$4.32 billion, with the next interest payment of US$50 million due on 11th November 2018. Similar interest payments are payable periodically until April 2022. The final bullet payments, representing principal and interest of US$1.8 billion each, are due and payable in May and October 2022.

3. The basis of Malaysia’s legal challenge in the High Court in London is that the Consent Award was procured by fraud or in a manner contrary to public policy. The Court application relates to the knowledge of IPIC and Aabar of the serious allegations made by the United States Department of Justice (DOJ) against former Prime Minister and Finance Minister Najib Razak, who was also the moving spirit and ultimate decision maker in 1MDB. Such knowledge on their part was acquired, “inter alia”, no later than the time when the DOJ’s Press Conference was held by the Attorney General of the United States, Loretta Lynch, in July 2016 when she announced the filing by by DOJ of several civil suits for the freezing of assets purchased by fraudsters from stolen proceeds, and popularly described as the greatest kleptocracy in modern history.

4. The grave, detailed allegations in those DOJ court documents were given tremendous global publicity, particularly in the political and business media. They had certainly entered the global public domain by July 2016. Najib Razak is identified as “MO1” in the DOJ pleadings. Any reasonable reader reading these court documents would immediately become aware of his central role in defrauding 1MDB to the benefit of himself, his stepson and Jho Low.

5. In such circumstances, Malaysia takes the position that IPIC and Aabar were aware of the fraud of Najib Razak. He was principally responsible for 1MDB and Minister of Finance Inc. consenting to the Award. Every system of law would hold that he could not possibly have acted in the best interests of his country and his company. Indeed, he did not. Fraud is an established ground to challenge the consent award for public policy reasons.

6. We are pleased to report that the application will be filed today in the High Court in London. Malaysia will claim that as a result of the fraud, we are relieved from any obligation to pay the balance of the US$4.32 billion to IPIC or Aabar under the Consent Award, and additionally have a right to recover the US$1.46 billion already paid.

Tommy Thomas
Attorney General
30th October 2018
 

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1MDB and IPIC settle arbitration proceedings

 

 

Govt to appeal consent award – Nation | The Star Online

 

 

Malaysia to appeal for order to set aside RM24.16bil consent award in …

 

AG says Malaysia doesn’t have to pay US$4.32b to IPIC as 1MDB defrauded 

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Separate role for property managers


KUALA LUMPUR: Malaysian Institute of Professional Property Managers and Facility Managers (MIPFM) is suggesting property and facility management to be treated independently from valuation.

President Sarkunan Subramaniam said the bias towards valuers had to stop if property management is to progress in today’s fast-changing digital and technology capabilities.

“I urge the Board of Valuers, Appraisers, Estate Agents and Property Managers to reconsider its decision and listen to the professional bodies.

“Giving a property management licence to one who has no or little experience in property management is dangerous,” he said.

Sarkunan was speaking at the MIPFM Conference 2018 on Bridging Property Management and Facility Management.

He said the current real estate degrees are skewed towards valuation subjects. Those who trained in predominantly valuation-based companies have little to no experience in managing properties.

Government valuers, having passed valuers test, are automatically handed the property management licence.

Sarkuanna, himself a valuer, is calling for objectivity. He said the diverse range of office buildings, mixed integrated projects and stratified residential projects must be matched with parallel top grade maintenance. Or their value may suffer.

“I will get a lot of opposition for my views but this is for the good of the real estate sector,” he said.

Sarkunan also highlighted the rife corruption in this field. “Corruption in procurement, kickbacks and side money is so prevalent that it has rusted performance, bringing many buildings to a grinding halt,” he said.

Sarkunan related the tale of two office blocks in Bangsar where seven out of its nine management committee (MC) members have resigned, the chairman among them.

Those who resigned were from Tower A, which the developer had earlier sold to private individual owners. Tower B belonged to the developer who had put the building under a real estate investment trust.

There was a cash surplus in the accounts. It seems that during the period when the developer was managing the property, the developer apportioned all surplus monies collected to the tower they retained. When the MC took over, it faced a defiant developer.

The Commissioner of Buildings has directed an extraordinary general meeting to be held.

In another case, a developer refused to pave the way for a joint management body (JMB) to be formed because it wanted to control the money collected, Sarkunan said. COB stepped in to resolve the issue.

Transparency International Malaysia president Datuk Seri Akhbar Satar said fraud and corruption is common due to the variety of goods and services involved.

Satar said that in 2010, Palm Court Condominium residents alleged that about RM144,000 was misappropriated. The committee agreed to take “appropriate measures” but refused an independent audit.

On Jan 31, 2017, members of a JMB were arrested by the Malaysian Anti-Corruption Commission for allegedly misappropriating RM1.5mil.

Satar said cases like these highlighted the need for a culture of integrity and transparency.

– The Star by Thean Lee Cheng

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Let me be clear, I am innocent: Jho Low


https://youtu.be/AngdNA3mtgw

Having his say: A screengrap of www.jho-low.com website which contained the letter

Rogue businessman insists he is not guilty via letter on personal website

 

PETALING JAYA – Fugitive businessman Low Taek Jho has proclaimed his innocence over allegations related to 1Malaysia Development Bhd (1MDB) in a signed letter uploaded to his personal website.

Low, also known as Jho Low, admitted that in hindsight, he might have done things differently.

“But any mistakes I made do not amount to the sweepingly broad and destructive allegations being made against me.

“Let me be clear: I am innocent,” Low wrote.

The website, www.jho-low.com, also contains legal documents related to the 1MDB case, news media articles on him and 1MDB as well as statements by Low’s lawyers.

A notice on the website said that jho-low.com was created on behalf of Low through his legal counsel to provide information to the public.

A search on the Internet archive shows that the website has been updated since 2015 but until recently only contained general information on Low.

According to the WHOIS database, jho-low.com was created on June 2, 2014.

Yesterday, the link to the website was shared extensively on social media, after the undated letter was posted.

“I only ask that everyone – courts, prosecutors, and the general public – keep an open mind until all of the evidence comes to light,” Low wrote in the letter.

The financier wrote that for the past several years, he had been subjected to a series of allegations around the globe in relation to the operations of 1MDB.

He said many of the allegations had originated from blog posts, “improper” leaks from governmental agencies around the world, or unproven allegations filed in court, where he had never been afforded an opportunity to set the record straight.

“I have been paraded in effigy through the streets of Kuala Lumpur, and photographs from my younger days plastered in tabloids across the globe.

“It has become clear that there is no platform where objective information can be presented regarding this issue – and no jurisdiction that hasn’t been poisoned by gossip, innuendo, and unproven allegations.

“This website is an effort to change that,” Low wrote.

The 36-year-old Penangite is described as a “global philanthropist, investor and entrepreneur” on the website.

A check with an official from a public affairs firm representing Low confirmed the veracity of the website.

Meanwhile, Swiss whistleblower Xavier Justo, in an immediate response, said: “The Jho Low website does not show any proof of his innocence.

“It is just a bunch of legal documents showing that he wants a few cases to be dismissed.

“It’s the way the justice system works, you can be as guilty as guilty is and ask for a case to be dismissed. It’s not proof of innocence,” he told The Star.

The former PetroSaudi Inter­national executive said he was appalled at Low’s attempts to defend himself through the website.

“Any decent person will face justice (in court) if he can prove that he is innocent,” he said.

He added that he was amazed at Low’s attempts to try to “stop the distribution of books, abuse the justice system and hire public relations officers to defend his reputation while also creating a website to tell fairy tales”.

Low’s current whereabouts are unknown; he has been speculated to be hiding in China or the Caribbean.

He and his father, Tan Sri Low Hock Peng, were charged in absentia in Malaysia last month over money allegedly stolen from 1MDB.

Last week, Low, through the London-based law firm Schillings, sought to ban the books, The Sarawak Report by Clare Rewcastle Brown and Billion Dollar Whale by The Wall Street Journal’s Tom Wright and Bradley Hope, from going on sale.

Credit: Razak Ahmad The Star/Asia News Network

Read also

 

1MDB scandal: Cops charge Lows, How Low will Jho go? He proclaims innocence!


‘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’
Headline News

 

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

Account Manager
cid:image001.png@01D37B19.DFA09BC0Tel +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

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