Money for favours: millions demanded and paid, bribes from property developers


The court cases involving Datin Seri Rosmah Mansor, her former aide Datuk Rizal Mansor and ex-Cabinet member Datuk Seri Tengku Adnan Tengku Mansor centre upon allegations that millions have been demanded and paid in connection with projects pursued by companies. 

Meanwhile, a property developer is charged with bribing Tengku Adnan and the names of other companies and businessmen have appeared in the charges  – The Star

 see more ….

Rosmah slapped with graft charges

  • RM1.25bil solar hybrid project scandal!
Datin Seri Rosmah MansorvShe’s accused of soliciting bribes linked with projects to provide electricity to Sarawak

 

Ku Nan charged with receiving RM3mil bribes from developers – Nation

 

Facing the law: Tengku Adnan being led to the Sessions Court in Kuala Lumpur.
Facing the law: Tengku Adnan being led to the Sessions Court in Kuala Lumpur.

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Property developer Tan is a self-made businessman – Nation

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Malaysia’s Human Resource Development Fund (HRDF) a ‘personal piggy bank of sr managers!


Moving ahead: (From left) HRDF board director J. Rasamy Manikkam, GOC chairman Tan Sri Rebecca Sta Maria, Kulasegaran, HRDF board director Datuk Quah Thain Khan and HRDF chief executive Elanjelian Venugopal at the townhall meeting.

 Petty cash in the millions

Millions were pouring into the HRDF. And for some
high-ranking personnel, their exorbitant salaries and bonuses weren’t enough. Greed got the better of them and they treated the fund as their personal bank, helping themselves to some RM100mil, maybe more!!

KUALA LUMPUR: High-ranking staff of the Human Resources Development Fund (HRDF) misappropriated about RM100mil or about a third of the RM300mil in the fund.

While certain management staff members were overpaid with high salaries and bonuses, some training providers and a number of HRDF management personnel misused the fund in the name of training to purchase commercial properties.

Large sums of money were diverted without the authorisation of the HRDF board and there was collusion between managerial staff and external parties to award contracts.

Human Resources Minister M. Kulasegaran revealed these wrongdoings at a townhall meeting with representatives of employer associations and HRDF-registered employers yesterday.

He said that some members of the HRDF board of directors also did not declare their vested interests to the board.

“There have been wrongdoings, such as abuse of duties, criminal breach of trust and exceeding procedure without reporting to the board.

“(They were) running (the HRDF) as though it was their own company,” he said.

Kulasegaran, who initiated a five-member independent Gover-nance Oversight Committee (GOC) to review and probe the allegations, said that there were elements of fraud in the misuse of the fund in the name of training.

The HRDF is an agency under the Human Resources Ministry that manages a fund for human resource training and development that were contributed by employers.

Regarding the alleged misappropriation of the fund, Kulasegaran said that the HRDF board was only informed after the money was spent.

“Out of RM300mil, nearly RM100mil has been spent,” he said, adding that some department officers, in other instances, also exceeded their authority and approved projects beyond their authorised limit.

When asked, Kulasegaran said that some staff allegedly involved in the wrongdoings are still holding positions in the agency, while some had left.

“After the Pakatan Harapan government took over, three directors have since resigned.

“If they have done anything wrong, action will be taken against them. We will let the process take place. It is not fair at this juncture to make allegations,” he said, adding that two police reports have been lodged based on the GOC report.

Not denying that more former and current HRDF staff are expected to be called up for questioning, Kulasegaran said that parties at fault would be pursued through civil and criminal proceedings.

“After this, I hope the HRDF management will make the agency transparent and accountable to the public,” he said.

Meanwhile, a source that has left the HRDF organisation told The Star that in the week before the townhall, three senior figures within the organisation were subject to domestic inquiries and released from the company.

Another three senior members were on contract and when their contracts expired recently they were not renewed.

A key figure implicated in the scandal resigned soon after GE14.

“Some senior figures have survived, but there is a definite clean-up exercise under way,” said the source.

In some cases, those due to leave found themselves locked out of their offices and escorted off the premises by security when they arrived for work.

The sources said finance personnel and those in special projects who released funds without going through the proper channels, and those who invested money without any accountability are believed to be among those implicated.

“A lack of accountability on the 30% given by companies to the HRDF led to certain figures treating it like a personal piggy bank,” said the source.

He said the culprits are now looking at making deals by providing evidence against the leadership in return for an easy way out.”

“The rot runs deep, and the money runs into billions,” he said. “That’s why there was no choice but to stop the 30% policy and fix the system before restarting it.”

The source said that a key figure implicated in the wrongdoings used tactics such as poor appraisals and internal audits to try to force out those who spoke out against dubious practices.

Some of the questionable property transactions may have involved property in Bangsar South, said the source. – The Star by allison laimartin vengadesan

 

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Goldman Sachs staring at ‘significant penalties’, its system of accounting controls could be easily circumvented


Goldman Sachs (U.S. Financial Institution #1) – “knowingly and willfully conspired to circumvent and cause to be circumvented a system of international accounting controls at [Goldman Sachs], contrary to the FCPA [Foreign Corrupt Practices Act]

From left: Leissner, Ng and Low.

Goldman Sachs Group has acknowledged that it may receive “significant penalties” resulting from its deals with 1Malaysia Development Bhd (1MDB).

It also recognised that it had weaknesses in its compliance controls, The Wall Street Journal (WSJ) reported.

In its third-quarter earnings filing to regulators, the investment management firm made citations about the indictment against its former employees for bribery and money laundering involving 1MDB, WSJ said.

Although it had acknowledged that it could face “significant penalties resulting from 1MDB”, Goldman Sachs said it was also cooperating with investigators, the report on Monday said.

According to WSJ, Goldman Sachs wrote in the filing that the indictment alleged the firm’s “system of internal accounting controls could be easily circumvented and that the firm’s business culture, particularly in South-East Asia, at times prioritised consummation of deals ahead of the proper operation of its compliance functions”.

The filing also mentioned that former Goldman Sachs bankers Tim Leissner and Roger Ng had “circumvented the firm’s internal accounting controls in part by intentionally deceiving control personnel and internal committees”.

Goldman Sachs is said to have received nearly RM2.5bil (US$600mil) in fees from the 1MDB deal.

Previously, the Financial Times reported that Goldman Sachs had helped 1MDB sell about RM27bil (US$6.5bil) of bonds between 2012 and 2013, two years before the authorities raided 1MDB’s offices to investigate allegations of massive fraud.

In a filing to the Securities and Exchange Commission on Friday, Goldman Sachs estimated that possible losses related to litigation proceedings could run as high as US$1.8bil (RM7.49bil) above its total reserves for such matters.

Previously, Goldman Sachs estimated litigation losses to be in excess of US$1.5bil (RM6.24 bil).

The Financial Times also reported that almost 30 people from Goldman Sachs had reviewed 1MDB deal’s approval process.

Meanwhile, in a 2016 indictment, the US Department of Justice (DoJ) alleged that most of the money raised with Goldman Sachs’ help was siphoned off by Low Taek Jho, also known as Jho Low.

The fugitive businessman together with bankers Ng and Leissner were indicted by the DoJ on Thursday for conspiring to launder money and violating the Foreign Corrupt Practices Act in relation to 1MDB.

Leissner pleaded guilty to conspiring to launder money and to violating anti-bribery laws. He has been ordered to forfeit US$43.7mil (RM182.27mil) as a result of his crimes.

The criminal charges relating to 1MDB are the first by DoJ.

In 2016, the DOJ reportedly recovered over US$1bil (RM4.17bil being the current conversion rate) that was allegedly stolen, and sought the forfeiture of property, including a Bombardier private jet, Manhattan penthouse, Beverly Hills mansion and paintings by Vincent Van Gogh and Claude Monet.

Low is currently wanted in Malaysia and Singa­pore and other countries over investigations into 1MDB.

In a separate report by the Associated Press, PKR incoming president Datuk Seri Anwar Ibrahim said that Low would be given a fair trial.

Anwar said he was “quite pleased” with developments in the case so far and that investigations in the United States, Malaysia and Singapore and other places were “progressing very well”.

The report also said Anwar had hinted that more former officials could be tried on corruption charges.

Malaysia has applied for a Red Notice to seek assistance from countries such as the United Arab Emirates, Indonesia, India, Myanmar, China and Hong Kong via Interpol, and Taiwan via diplomatic channels to arrest Low. – The Star

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Goldman Sachs CEO: I feel horrible ex-bankers broke law in 1MDB case

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SINGAPORE (Reuters): Goldman Sachs chief executive officer David Solomon said on Wednesday he felt “horrible” that two former employees “blatantly broke the law” in their dealings with 1Malaysia Development Berhad.

US prosecutors filed criminal charges against the two former Goldman bankers and a Malaysian financier linked to the alleged theft of billions of dollars from the fund.

An investigation into where 1MDB’s money went became the largest carried out by the Department of Justice under its anti-kleptocracy programme, and the scandal was a major reason why Malaysian voters rejected Datuk Seri Najib Tun Razak, their prime minister for nearly a decade, in the May 9 general election.

“It is obviously very distressing to see two former Goldman Sachs employees went so blatantly around our policies and so blatantly broke the law,” Solomon said in an interview with Bloomberg TV in Singapore.

“I feel horrible about the fact that people who worked at Goldman Sachs, and it doesn’t matter whether it’s a partner or it’s an entry level employee, would go around our policies and break the law,” Solomon said.

US prosecutors announced last week that Tim Leissner, former partner for Goldman Sachs in Asia, had pleaded guilty to conspiracy to launder money and conspiracy to violate the Foreign Corrupt Practices Act, and agreed to forfeit US$43.7mil (RM181.8mil).

Roger Ng, the other charged former Goldman banker, was arrested in Malaysia and is expected to be extradited.

Reuters was not immediately able to contact Ng’s lawyer on Wednesday. His lawyer did not immediately respond to a request for comment after US prosecutors unveiled the charges last Thursday.

Goldman has also placed its former co-head of Asia investment banking, Andrea Vella, on leave over his role in the firm’s involvement with the case, pending a review of allegations, according to a person familiar with the decision.

The Wall Street bank said in a securities filing on Friday that it may also face penalties from dealings with 1MDB.

Asked if he could provide assurances that neither he, former CEO Lloyd Blankfein or any of the senior management team suspected illegality or compliance breaches in dealings with 1MDB, Solomon said:

“We take compliance and control in our firm extremely seriously, we always have…We are going to continue to cooperate with the authorities and there’s a process in place and that process will proceed.” According to prosecutors, the investment bank generated about US$600mil (RM2.49bil) in fees for its work with 1MDB, which included three bond offerings in 2012 and 2013 that raised US$6.5bil (RM23.29bil). Leissner, Ng and others received large bonuses in connection with that revenue.

Finance Minister Lim Guan Eng told Reuters in June that the government will be looking at the possibility of seeking claims from Goldman Sachs.

Prime Minister Tun Dr Mahathir Mohamad said Malaysia will look into why Goldman was paid around US$600mil in fees, an amount that critics say exceeds normal levels.

Goldman has maintained that the outsized fees related to the additional risks it took on after it bought the un-rated bonds while it sought investors and, in the case of the 2013 deal which raised US$2.7bil (RM11.24bil), 1MDB wanted the funds in a hurry for a planned investment.

The new Malaysian government has barred Najib and his wife from leaving the country, and the former premier faces multiple charges of corruption, money laundering and abuse of power, though he has consistently denied any wrongdoing related to 1MDB.

In another interview with Bloomberg on Tuesday, Malaysia’s prime minister-in-waiting Anwar Ibrahim said it would be “inexcusable” if Goldman Sachs was complicit in the scandal. – Reuters

Guan Eng: Goldman Sachs should return RM2.4bil fees – Nation

American investment bank Goldman Sachs should return the US$588mil (RM2.4bil) in it was paid for 1MDB-related matters, says Lim Guan Eng.

The Finance Minister said the fees were for raising bonds totalling US$6.5 billion (RM23.29 billion) for the Malaysian state investment firm back in 2012 and 2013.

“They must pay us back this money, not only the US$588mil but much more than that,” he said during a briefing on Budget 2019 at Hotel Equatorial Penang on Wednesday (Nov 7).

He said there were consequential losses due to the fees paid as it had cost Malaysia big losses.

This was in respond to Goldman Sachs chief executive officer David Solomon, who admitted that their employees had broken the law over 1MDB matters.

Read more at https://www.thestar.com.my/news/nation/2018/11/08/guan-eng-goldman-sachs-should-return-rm2_4bil-fees/#wqMtc2F6O1jC35UJ.99

 

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Malaysia’s Budget 2019: Making the tiger roar again in 3 years?


The Pakatan Harapan government yesterday tabled its maiden budget that sought to restore Malaysia’s status as an “Asian Tiger” with a clean and transparent government that cares for the rakyat. (EPA/FANDY AZLAN)

KUALA LUMPUR: THE Pakatan Harapan government yesterday tabled its maiden budget that sought to restore Malaysia’s status as an “Asian Tiger” with a clean and transparent government that cares for the rakyat.

Finance Minister Lim Guan Eng, in tabling the 2019 Budget in Parliament, said: “As long as we are clean, people-centric and focused on carrying out institutional reforms, we can restore Malaysia back to fiscal health in three years.

“Let our love for our country unite us, our challenges make us stronger and our confidence awaken Malaysia as an Asian Tiger all over again.”

Themed “A Resurgent Malaysia, A Dynamic Economy, A Prosperous Society”, the RM314.5 billion budget for next year has three areas of focus with 12 key strategies.

One focus area — to ensure the socio-economic well-being of Malaysians — will be the key performance indicator of the government’s success.

“We will seek to meet this objective by ensuring welfare and quality of life, improving employment and employability, enhancing wealth and social welfare protection, raising real disposal income and education for a better future,” he said.

In a speech that lasted more than two hours, interrupted by intermittent heckling from opposition lawmakers, Lim announced a slew of measures to address the people’s key concerns, from cost of living to housing, healthcare, education and transport.

Cash grants for the low-income Bottom 40 (B40) group will continue, single vehicle/motorbike owners with engine capacity of 1500cc and below will get targeted fuel subsidy, and the minimum wage will be raised to RM1,100 from Jan 1.

A National Health Protection Fund, with free coverage on four critical illnesses of up to RM8,000 and a hospitalisation benefit of RM50 a day, was also introduced for the B40 group.

For the affordable home programmes, Lim announced an allocation of RM1.5 billion while Bank Negara Malaysia will set up a RM1 billion fund to help those earning below RM2,300 a month to own houses costing below RM150,000.

The government will also allow the private sector to engage in new crowdfunding schemes for first-time housebuyers.

The Education Ministry received the lion’s share of the budget, with an allocation of RM60.2 billion, including RM2.9 billion assistance for the poor and RM652 million to upgrade and repair schools.

An amount of RM3.8 billion has been set aside for government scholarships.

All intra-city toll rate hikes will be frozen next year, said Lim, and public transport users, meanwhile, can buy RM100 monthly passes for unlimited trips on RapidKL rail or bus services beginning January.

A RM50 monthly pass is also available for those who use RapidKL buses only.

Civil servants and pensioners were not left out — staff up to Grade 54 will receive a one-off special payment of RM500; while government pensioners will get RM250.

The budget deficit for this year is likely to be 3.7 per cent, while gross domestic product (GDP) growth is forecast at 4.8 per cent and 4.9 per cent next year.

To ensure strong and dynamic economic growth, another focus area is to promote an entrepreneurial state that leverages innovation and creativity, while embracing the new digital economy.

The government aims to provide at least 30Mbps broadband connectivity outside urban centres within five years, while funds have been allocated to encourage investments in green technology and transition into Industry 4.0.

Corporate tax rate will be reduced to 17 per cent from 18 per cent for SMEs with paid capital below RM2.5 million, and businesses with annual taxable income below RM500,000.

Meanwhile, after inheriting “a worrying state of financial affairs which was in dire straits” with debts amounting to RM1.065 trillion from the previous administration, the third area of focus is to implement institutional reforms that promote transparent fiscal discipline.

“We intend to table a new Government Procurement Act next year to govern procurement processes to ensure transparency and competition, while punishing abuse of power, negligence and corruption,” Lim said.

He said open tenders will not only achieve more value-for-money for taxpayers, it will also nurture an efficient and competitive private sector.

To ensure that Malaysia has a clean government, the budget also saw the Malaysian Anti-Corruption Commission receiving an increased allocation of RM286.8 million.

Lim said the allocation, which is an 18.5 per cent increase from this year’s, will see MACC employing up to 100 more staff next year as the government revs up its anti-graft campaign.

Putrajaya expects to collect a revenue of RM261.8 billion next year, including a RM30 billion dividend from Petronas.

To raise its revenue, the government will leverage its assets and review taxation policies.

This includes reducing its stake in non-strategic companies, expanding the Service Tax to cover online services, and raising licence fees and taxes in the gaming sector.- By Nst Team

The following are the highlights of the 2019 Budget, which was tabled by Finance Minister Lim Guan Eng in Parliament on Friday. (Bernama photo)

The budget carries the theme of “Credible Malaysia, Dynamic Economy, Prosperous Rakyat” and will focus on three main thrusts with 12 key strategies to recapture Malaysia’s ‘Economic Tiger’ status.

The three main thrusts are:

*Institutional reforms

*People’s wellbeing

*Promotion of entrepreneurial culture

.The 12 strategies are:

*Strengthening fiscal management

*Restructuring and rationalising government debt

*Increase government revenue

*Ensuring welfare and quality life

*Increasing job opportunities and marketability

*Improving quality of healthcare services and social welfare protection

*Increasing disposable income

*Education for a better future

*Initiating new economic power

*Grabbing opportunity to face global challenge

*Redefining government’s role in business

*Ensuring economic fairness and sustainable economic growth

Related:

Govt vows to restore our finances – Nation

 

image: https://www.thestar.com.my/~/media/online/2018/11/03/03/17/budget-spread.ashx?la=en

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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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Ex-PM Najib, his treasury sec-gen Irwan & spy boss Hasanah charged with CBT RM6.63bil


 

Video:

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Keys officials: Hasanah (left) and Irwan

 

UMNO Irwan Serigar Has More Than 7000 Young Girls He Spends …

Ex-PM and Irwan slapped with six counts of CBT

KUALA LUMPUR: Former prime minister Datuk Seri Najib Tun Razak has been brought to court several times but yesterday, he shared a dock at the Sessions Court with former Treasury secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah.

The two were jointly charged with six counts of criminal breach of trust (CBT) involving funds totalling RM6.636bil that belongs to the government.

Najib, 65, was the first accused while Dr Mohd Irwan, 61, was named as the second accused.

According to the first two charge sheets, the two men were entrusted with dominion over RM1.2bil and RM655mil respectively, and committed CBT in respect of those sums.

The third charge alleges that Najib and Dr Mohd Irwan committed CBT relating to RM220mil in the government’s Federal Consolidated Fund. The amount was allocated for administration expenses for the Kuala Lumpur International Airport.

The RM1.3bil at the centre of the fourth charge was in the same fund and classified as an allocation for subsidy and cash aids.

The fifth and sixth charges were for allegedly committing CBT in respect of 1.95 billion yuan (RM1.261bil) and RM2bil.

All the offences were allegedly committed at the Finance Ministry office in Putrajaya between Dec 21, 2016, and Dec 18, 2017.

The charges were framed under Section 409 of the Penal Code and each carries a jail term of between two and 20 years with whipping, if convicted.

Offenders are also liable to fines. Section 409 covers CBT by public servants and agents.

Najib and Dr Mohd Irwan pleaded not guilty, with both replying “Minta bicara (I claim trial)” after each charge was read out by the court interpreter.

Former Federal Court judge Datuk Seri Gopal Sri Ram, who was appointed by the Attorney General’s Chambers to lead the prosecution, suggested bail at RM3mil each.

Najib’s lead counsel Tan Sri Dr Muhammad Shafee Abdullah objected, saying that his client had already paid RM4.5mil bail accumulatively for his previous 32 charges, an amount which could be “highest in the history of Malaysia”.

“A bail’s only criterion is to ensure his attendance and nothing else. It cannot be punitive. It cannot be oppressive,” he said, adding that his client’s accounts and assets had also been frozen.

Dr Muhammad Shafee asked the court to make an order for Najib to utilise the RM4.5mil bail for his current case.

Datuk K. Kumaraendran, who represented Dr Mohd Irwan, said the prosecution itself did not object to bail, which showed that his client was not a flight risk, and suggested bail of RM500,000 for his client.

Sri Ram replied that the court should not allow the first accused to utilise his RM4.5mil bail for the case as the charges were new.

“The sum we asked for is not fixed on the totality of the sum involved,” he said.

Sri Ram added that the second accused was paid “excessively” during his tenure as the Treasury secretary-general.

“This is not a tale of a good Samaritan. He is the trustee of the highest order of money in this country. He stands before you accused of breaching that trust.

“Any other sum would not reflect the justice of the case,” Sri Ram said.

Sessions Court judge Azman Ahmad allowed bail at RM1mil in two sureties for each of the accused.

He also ordered Dr Mohd Irwan to surrender his passport. Najib had surrendered both his civilian and diplomatic passports in his earlier court case.

The court also allowed for the accused to pay RM500,000 yesterday and to pay the balance in 10 days. Both accused paid the bail.

The case is set for mention on Nov 29. – The Star by nurbaiti hamdanroyce tan

Ex-spy chief Hasanah claims trial to US$12mil CBT

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KUALA LUMPUR: Former spy chief Datuk Hasanah Ab Hamid has been charged with criminal breach of trust (CBT) involving US$12.1mil (RM50.3mil) belonging to the government at the Sessions Court here.

The former Malaysian External Intelligence Organisation (MEIO) director-general claimed trial before Judge Azman Ahmad on Thursday (Oct 25).

Hasanah, 61, who was charged in her capacity as a director-general of a research division, was accused of committing CBT in the Prime Minister’s Department in Putrajaya between April 30 and May 9 this year.

The charge was made under Section 409 of the Penal Code, which provides a maximum 20 years’ jail and whipping, as well as a fine upon conviction.

Lead Prosecutor Datuk Seri Gopal Sri Ram asked for a RM1mil bail.

Hasanah’s counsel Shaharudin Ali, however, asked for the sum to be set at RM300,000.

Judge Azman Ahmad later set bail at RM500,000 in two sureties pending mention on Nov 29. – The Star by maizatul nazlinaroyce tan

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(Updated) Najib, Irwan claim trial to 6 charges of CBT | New Straits Times …

 

Najib to face RM6bil CBT charge – Nation

PUTRAJAYA: Datuk Seri Najib Tun Razak and a former key official of his government will be jointly charged with criminal breach of trust, said to involve more than RM6bil.

The former prime minister and former Treasury secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah are expected to face six counts of allegedly committing CBT – all involving 1MDB.

The two are to be charged in the Kuala Lumpur Sessions Court over 1MDB’s dealings with Abu Dhabi’s wealth fund International Petro-leum Investment Company (IPIC).

Separately, another top official from the previous administration will also be charged in court.

Former spy agency chief Datuk Hasanah Abdul Hamid will also be charged with committing criminal breach of trust.

The Malaysian Anti-Corruption Commission said it had received the go-ahead from the Attorney General’s Chambers to charge Najib, Dr Mohd Irwan and Hasanah with committing criminal breach of trust involving the government’s money.

With Dr Mohd Irwan being hauled to court, it will be the first time a former civil servant is being charged in connection with the sovereign wealth fund scandal.

As for Najib, the number of charges against him is now close to 40. He is already slapped with a total of 32 charges today involving corruption, criminal breach of trust and money laundering.

Sources with knowledge of the case confirmed the number of charges and that the amount of money involved in the 1MDB-IPIC scandal “runs into billions”.

Yesterday, both Najib and Dr Mohd Irwan were summoned by investigators. Both came separately at 1.55pm and 3.25pm respectively.

At 5pm, Najib left the Malaysian Anti-Corruption Commission headquarters despite earlier speculation that he would be held overnight.

On the previous occasions, prosecutors had held the former prime minister and brought him to court the next day.

While Najib was released after giving his statement, MACC confirmed that Dr Mohd Irwan was arrested at 3.35pm and was being held overnight. Dr Mohd Irwan had made several trips to the MACC regarding the 1MDB-IPIC case, the last being on Aug 10.

Graft investigators had probed both Najib and Dr Mohd Irwan on 1MDB’s dealings over settlement payment of US$1.2bil (RM5.04bil) made to IPIC in 2017.

As for Hasanah, the former director-general of Malaysian External Intelligence Organisation is being charged with criminal breach of trust involving money belonging to the government.

She is being held answerable to committing one count of criminal breach of trust by misappropriating funds worth US$12mil said to be meant for the 14th General Election.

Despite earlier talk that Hasanah would also be held, sources said she was asked to present herself in court today instead.

Hasanah was among nine people who were remanded in September over the misappropriation of the fund. – The Star by mazwin nik anis and joseph kaos jr

Spotlight on Najib’s key officials

PUTRAJAYA: Datuk Seri Najib Tun Razak is to be hauled to court for a third time to face extra charges, but the spotlight will be on former Treasury secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah and ex-spy boss Datuk Hasanah Abdul Hamid.

The two former top civil servants are expected to face a multitude of charges brought against them by the Malaysian Anti-Corruption Commission (MACC).

All three will have to present themselves today at the MACC headquarters here where they will be held overnight before being taken to the Jalan Duta Courts Complex in the morning.

While it will be the third date in court for the former prime minister, the fresh development involves Irwan and Hasanah, two key officials of Najib.

Irwan is expected face charges in connection with the 1MDB scandal while Hasanah, who headed the Malaysian External Intelligence Organisation (MEIO), is expected to be charged for alleged misappropriation of funds worth US$12mil (RM49mil).

Sources said Najib and Irwan will be charged in connection with 1MDB’s dealings with Abu Dhabi’s wealth fund, International Petroleum Investment Company (IPIC).

However, it could not be confirmed if Najib – who is expected to be slapped with six more charges – and Irwan will be jointly or separately charged.

Najib is already facing 32 charges of criminal breach of trust, corruption and money laundering.

Najib will first face the Public Accounts Committee (PAC) in Parliament this morning before heading to the MACC headquarters in the afternoon.

Sources familiar with the investigation said a statement would be recorded from Najib today. While they did not reveal the amount of the misappropriation involved in the six more charges expected to be slapped against him, one can expect the total to run into billions of ringgit.

“It is a lot of money involved here,” said an MACC source without elaborating.

Last week, Najib was called up twice by MACC to explain the payment of over US$1.2bil (RM5.04bil) made to IPIC by 1MDB in a settlement over a US$6.5bil (RM27.3bil) claim made by IPIC.

The settlement was triggered by 1MDB’s default on a bond payment due in 2016, which was guaranteed by IPIC in 2012 for the acquisition of two power plants.

It is understood that Najib, who was chairman of the 1MDB advisory board, would be held liable for his role in the debt settlement.

It is, however, not known how many charges Irwan and Hasanah, both aged 61, will be facing. Irwan had been called up by investigators several times to be queried on the debt settlement between 1MDB and the Abu Dhabi wealth fund. His last session was on Aug 10.

Irwan had even lodged a report with MACC over the controversy involving the “missing” RM18mil in Goods and Services Tax (GST) refunds to determine if there were grounds for an investigation.

He later claimed that the allegation by the Pakatan Harapan government was baseless and that he lodged the report to enable the anti-graft body to investigate.

Finance Minister Lim Guan Eng had claimed in Parliament that the Barisan Nasional administration had stolen a total of RM18bil in GST refunds.

As for Hasanah, prosecutors are expected to bring several charges against her, mostly with committing criminal breach of trust.

She was among nine persons who were arrested in connection with misappropriating funds meant for the 14th General Election.

Hasanah, seven other former MEIO officers and a businessman were arrested in late August.

MACC deputy chief commissioner (operations) Datuk Seri Azam Baki was reported to have said that US$12mil (RM50.4mil) of government funds were allegedly misappropriated.

The cash was believed to have been brought in via air, possibly through the Kuala Lumpur International Airport.

Highly-placed sources in the anti-graft body had said that this needed to be looked into as it would be difficult to carry such a staggering amount of money undetected.

Malaysian law requires those bringing in US$10,000 (RM41,000) and above into the country to have it declared at the point of entry.

Investigators found out that the money was brought into the country in May.

Investigators also do not discount the possibility of the funds coming from 1MDB.

The MACC has already called several witnesses, including three foreigners, and at least 20 more witnesses will be tracked down to assist in the investigation, a source said.

MEIO was listed as the “research division” of the Prime Minister’s Department under the Barisan administration.

Hasanah had courted controversy after writing to US Central Intelligence Agency director Gina Haspel, appealing to the United States administration to support Najib.- The Star by mazwin nik anis
Related:

US$3.5bil is the focale of 1MDB-IPIC dispute – Nation

Rosmah and sons to be questioned by police tomorrow – Nation 

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