Rightways: US Department of Justice (DoJ)

Showing posts with label US Department of Justice (DoJ). Show all posts

Tuesday, September 25, 2018

Goldman Sachs banker's obscene commissions netted 11% from 1MDB believed to be most compelling evidence of rogue behaviour

Jho Low Has Offered A Deal To The DOJ

Settling the civil action would free up prosecutors to pursue the Goldman bond issued on behalf of 1MDB, which netted the bank suspiciously obsence commissions of up to 11% - Sarawak Report

Sarawak Report has learnt that Jho Low’s new legal team, headed by the well-connected former federal prosecutor and New Jersey governor Chris Christie, has already obtained a high-level meeting with officials of the DOJ and that at that meeting they offered to come to a settlement on behalf of the fugitive Malaysian advisor to 1MDB.

This would represent an effective acknowledgement by Low, who is currently believed to be holed up in China, that he is unlikely to be able to persuade the US courts to return some $1.2 billion in assets seized from him alone, which investigators have traced to money stolen from Malaysia’s development fund.

However, by cutting a deal the billionaire, who is facing criminal charges in Malaysia, Singapore, Switzerland and elsewhere, including the United States, will be hoping to retain some of the value of the assets. Malaysia Kept On Sidelines?

Malaysian entities have expressed concern that the United States authorities may be tempted to negotiate with Jho Low’s new, high-powered legal team, in order to close a case that could otherwise carry on for years. Notably, the US recently refused to grant a Malaysian official request for a guarantee it would return all the money back from the assets seized.

“It doesn’t mean that the United States will not return the money to Malaysia, but it does mean the US is insisting on keeping control over the process and that might include settling the case for less than the entire amount”

one person who is well versed in the matter explained to Sarawak Report. It is further understood that the approach from Jho Low’s team has not yet been formally discussed with the Malaysian authorities, who may very well react with dismay at the prospect of any settlement of this nature.

Particularly galling to Malaysians is the likelihood that Low’s new and well-connected legal advisors are being generously paid by money that was itself stolen from 1MDB. US investigators have been reported as concluding that the origin of the cash received by Christie and one of President Donald Trump’s go-to law firms, Kasowitz Benson Torres, is indeed 1MDB.

Likewise, the money sent to pay the libel lawyers Schillings in the UK, which has been doing its best to disrupt the publising othe the book The Sarawak Report as well as the Wall Street Journal’s own book in Britain, is also thought to trace back to 1MDB. Going For Goldman Sachs

The apparent willingness of US prosecutors to discuss such matters with Low’s new team and the news that they may indeed be tempted to reach a deal, may indicate that the DOJ sleuths are already focusing on other aspects of the case, informed observers have told Sarawak Report: namely the pursuit of the banking giant Goldman Sachs. Settling the civil action would free up prosecutors to pursue the Goldman bond issues on behalf of 1MDB, which netted the bank suspiciously obscene commissions of up to 11%.

The bank has earned the anger and ill-feeling of countless Americans as a result of its pivotal role in causing the crash of 2008 and yet none of its bankers have been brought to book so far. The apparent negligence and huge sums earned through 1MDB have provided US investigators their most compelling evidence yet against what many believe to be rogue behaviour by the major bank.

It was Sarawak Report that first exposed the huge commissions being earned by Goldman Sachs from 1MDB in 2013, by publishing the terms of two so-called power purchase bonds, which together with a later third offering netted commissions totalling just under $600 million for the bank. The market price for such services was a fraction of that amount.

The former South East Asia boss, Tim Leissner has already been picked up in the United States and is understood to be cooperating with the DOJ enquiries. A new case against the global bank is where 1MDB now seems headed as it gains even more international significance.

Related:

Report: Jho Low Seeking Deal with DoJ — The True Net

Jho Low planning to negotiate deal with DOJ - Nation | The Star Online

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Sunday, June 3, 2018

Najib's US top lawyers, hiccup to choice of new AG as 1Malaysia Development Bhd (1MDB) probe widens

1MDB EMBATTLED Najib Razak 透视大马

Najib hires top American lawyers, including former US A-G - Nation ...

John Ashcroft was the United States attorney-general during the George W. Bush presidency and oversaw the Department of Justice in the turbulent days after the September 11 terror attacks. – AFP pic, June 2, 2018.
面对人生最严峻的贪腐案指控，以及新政府倾全力的调查，纳吉不惜重金礼聘来自美国的“最强法律团队”，助他及家人洗脱“一马案”罪名。（图：透视大马）

Najib hires top US lawyers, including ex-AG, as 1MDB probe widens

EMBATTLED Najib Razak has engaged the services of a team of top US lawyers, including former attorney-general John Ashcroft and star litigator David Boies, in a clear sign of concern that the widening global probe into 1Malaysia Development Bhd (1MDB) could snare him and his family members.

The United States Department of Justice (DOJ) has been investigating the alleged siphoning of funds from the state-owned entity for several years and even tagged Najib as Malaysian Official 1, but he had enjoyed immunity from criminal charges as the prime minister of Malaysia.

So, even though the DOJ probe stirred occasionally and captured the headlines, he was largely nonchalant about the US probe and even made a widely-publicised trip to the White House last September.

Things have changed drastically since May 9.

Najib is no longer the head of a foreign government, and, therefore, no longer enjoys full immunity from legal action.

Furthermore, Prime Minister Dr Mahathir Mohamad’s administration's vigour in nailing Najib for the 1MDB scandal and cooperating with US investigators, makes the former prime minister and even his wife, Rosmah Mansor, principal targets in the US.

In the past, the focus of the DOJ investigation was mainly on Najib's son, Riza Aziz and businessman Low Taek Jho.

But without the immunity of a prime minister and with the focus of the investigation in Malaysia on him and his wife, Najib has moved to hire top lawyers in the US.

Ashcroft was the AG during the George W. Bush presidency and oversaw the DOJ during the difficult days after the September 11 terror attacks.

After the Bush presidency, he set up a powerful lobby group called The Ashcroft Group and The Ashcroft Law Firm.

Checks by The Malaysian Insight show that the law firm registered Najib Razak as client on the Foreign Agents Registration Act register last September. He was listed as the prime minister of Malaysia and under the category of financed by a foreign government/foreign political party and other foreign principal.

It is unclear whether that engagement was for lobby or legal work because the FARA usually covers lobbying work in the US.

The Malaysian Insight understands that in recent days, Najib has engaged Ashcroft as his lawyer. The former PM has also hired David Boies, one of America's top courtroom lawyers.

He has acted for the US government in its anti-trust case against IT giant Microsoft and aided fallen financiers including AIG's Hank Greenberg and Enron's Andy Fastow.

Sources told The Malaysian Insight that also part of the high-powered legal team is Matthew Schwartz. He spent a decade as a prosecutor in New York and handled several high-profile cases including the investigation of ponzi king Bernie Madoff.

In 2013, he was named Prosecutor of the Year by the Federal Law Enforcement Foundation. Schwartz is now in private practice.

These lawyers are expected in Kuala Lumpur soon. – June 2, 2018. The Malaysian Insight The Malaysian Insight

纳吉聘美法律界“最强团队”辩护背水一战誓洗一马案罪名

即将面临人生中最严峻贪腐案指控的前首相纳吉，已经做好背水一战的完全准备，重金礼聘来自美国法律界多位传奇人物，包括美国前总检察长约翰阿什克罗夫与明星律师大卫博依斯等人，势必洒尽千金也要洗脱“一马发展公司”（1MDB）案所有指控！

据了解，自早前两名大马律师哈柏星及阿迪慕都从律师团队请辞后，纳吉似乎不太信任本地律师，转而向外国律师求援，这次他筹组的法律团队中，据悉皆为美国籍律师。

纳吉之所以大费周章筹备外国律师团，正是因为新上台的希盟政府，此刻也正倾全力搜集他在一马案中的罪证，不但成立两个特别调查委员会，还积极与美国联邦调查局和美国司法部合作。为应付这铺天盖地的检控网，纳吉务必打起全副精神迎战。

更重要的是，如今已失去免控权的纳吉，无法再张开保护伞，庇护同样受调查的家人，包括妻子罗斯玛及继子里扎等人。他唯有大手笔请来美国最具实力的律师团队，保护他及家人免于牢狱之灾。消息指，这支美国律师团将于近期抵马。

据悉，这个“地表最强”律师团队将由美国前总检长约翰阿什克罗夫带领。约翰是小布什总统任内的总检长，曾在2001年美国经历911恐袭事件后，领导美国司法部度过艰难时刻。

在卸任后，他成立属于自己的游说公司“阿什克罗夫集团”以及“阿什克罗夫法律事务所”，继续在美国政界及司法界发挥影响力。

《透视大马》查悉，“阿什克罗夫法律事务所”已于去年9月，根据美国“外国代理人登记法”（Foreign Agents Registration Act），在外国顾客一栏填上纳吉的大名。其上还注明纳吉的身份是“大马首相”，并由“外国政府/政党”出资。

不过，目前尚未清楚，双方的交易项目是游说事务或法律事务，因为“外国代理人登记法”的注册，常见于美国机构为外国领导人所进行的游说工作。

“外国代理人登记法”，是美国为保障国防，内部安全及对外关系而制定的联邦立法。要求凡为外国政府，外国政党或外国领导人进行宣传或其它活动的人，必须公开其身份，以便美国政府和人民知晓这些人的身份，并对其活动和言行作出考察。

除了约翰，据了解纳吉还聘请了数位知名美籍律师，他们每一位都擅长处理经济、财务及金融界的刑事案件。

纳吉的美国法律团队中，包括明星律师大卫博依斯，大卫曾代表美国政府在反失信案里与世界科技巨头微软对簿公堂。

他还曾担任不少臭名昭著的财经界丑闻人物法律顾问，包括美国国际集团（AIG）前首席执行长汉克格林伯格，以及安然集团（Enron）前首席财务执行长安德鲁法斯托。

消息指出，另一位律师马修史瓦哲也非省油的灯，他曾在纽约担任检控官长达10年，经受过不少知名大案，例如轰动国际的“庞氏骗局”案件。

至2013年，马修获得美国联邦执法基金会颁发“年度检察官”的荣誉，他目前已卸下检察官身份转任律师。- 透视大马

Hiccup to choice of Malaysia's new AG

King prefers a Federal Court or Court of Appeal judge for top job

Senior lawyer Tommy Thomas as the country’s new Attorney General.

PETALING JAYA: A proposal by Prime Minister Tun Dr Mahathir Mohamad to appoint senior lawyer Tommy Thomas as the Attorney General has sparked a major disagreement with the King.

Essentially, Dr Mahathir is adamant about replacing Tan Sri Apandi Ali, submitting only Thomas’ name to Sultan Muhammad V.

However, the King insisted on more than one name, according to sources close to the royalty.

“The King has suggested four names to Dr Mahathir, including an existing Federal Court judge and a Court of Appeal judge,” said one of the sources.

“The King’s argument is that he wants somebody who has been a judge or even a retired judge. He does not care whether the AG is an Indian, Chinese or Malay,’’ said the source, adding that the King demonstrated this when he accepted DAP secretary-general Lim Guan Eng as the Finance Minister.

The sources also pointed out that the King had once even recommended Thomas to the Kelantan government to act in a case against Petronas.

“The King wants an AG who is able to advise him on Syariah matters too, but Dr Mahathir rebutted that the Solicitor General can handle that job.

“However, the King felt that the AG as the top officer should be the one advising him,’’ said the source.

The Palace felt that it was not right for the blogs to construe the issue as “a constitutional crisis”.

“This is just a difference in opinions. The King informed Dr Mahathir that if he really wants someone to prosecute the 1MDB case, he need not make Thomas the AG.

“Thomas could be appointed as a DPP (deputy public prosecutor) just like how it was done with lawyer Tan Sri Muhammad Shafee before this,’’ added the source.

Just two days ago, prominent pro-Dr Mahathir blogger Syed Akbar Ali wrote on Malaysia Today, saying that there seemed to be serious issues developing between the Government and “another party” over the AG’s appointment.

“There is a very strong rumour (which I heard from very strong people) that our Dr Mahathir has already shortlisted one candidate as the new Attorney General,” he wrote, adding that “the candidate is said to be a non-Muslim, male Indian” and “an expert on Federal Constitution”.

Syed Akbar ruled out eminent retired judge Datuk Seri Gopal Sri Ram as the candidate.

He further said that the appointment was being objected to on the grounds that the candidate was neither a Malay nor a Muslim.

He said the new AG was tipped to be on a strict two-year contract with a job focused on institutional reforms.

Yesterday, news portal Malaysian Insight also reported that the new Government was headed for a clash with the Malay rulers over the appointment.

Thomas could not be contacted to confirm the matter. Neither the press nor his close friends could reach him yet.

A retired senior judge said the matter was far more complicated than it appeared to be.

“A candidate for the AG’s position would have to be as qualified as a Federal Court judge with no less than 15 years’ experience in legal practice.”

Senior lawyer Haniff Khatri Abdulla said the three characteristics that an AG should have to be effective were that he should be able to give general advice on each and every legal policy of the country, assist the Government on every provision of the Federal Constitution and hold two roles as the AG as well as the Public Prosecutor.

“As a Public Prosecutor, the candidate must have experience in criminal practice in order to be effective and not end up being a lame duck.”

Malaysians have come out in support of Thomas as the new AG.

Social media users, in particular, said the Prime Minister’s choice of AG should be respected by the King, saying the Ruler must be above politics.

They also vouched for Thomas’ credibility for the top job, saying he is the most suitable candidate

Facebook user Hirzan Afifi said: “If Tommy Thomas is our new attorney general, I got nothing to oppose. He is the king.”

Another user, Ranendra Bhattacharyya, said: “Haven’t we, Malaysians, having put in place the Government of our choice, demand the best should be appointed into office for vital national interests. Tommy Thomas for Attorney General of Malaysia.”

Another user Lim Hwah Beng said “Tommy Thomas is the one preferred by PH to be AG. It’s good if they can succeed in appointing Tommy Thomas as AG but I doubt they can ... Anyway, we will take it one step at a time.”

Parti Pribumi Bersatu Malaysia supreme council member A Kadir Jasin said in his blog that the King should respect the Constitution and act on the Government’s advice. - By Wong Chun Wai - Star

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Wednesday, March 7, 2018

Shocking news and curious comments

Why bother to formulate a new law to check fake news when the real stories are already incredible?

' There must be better explanations for such incredible reports and the bizarre responses from people in power.'

OVER the past week, the news about Malaysia has been running the range from the outrageous to the absurd.

To use a quirky English phrase, the stories beggar belief. In other words, too surreal to be believed.

With the Government proposing a new law to check the spread of “fake news”, there must be better explanations for such incredible reports and the bizarre responses from people in power.

I am listing three examples. The first is Switzerland’s decision to confiscate the equivalent of RM400mil, purportedly linked to 1Malaysia Development Bhd (1MDB), which was seized from Swiss banks last year.

The Swiss lawmakers are set to debate a motion to enable part of the funds to be sent back to Malaysia, but according to recent reports, there were no claimants for the money. For context, the RM400mil is more than this year’s budget for my home state of Melaka and the surplus of RM26.4mil can pay for the new bridge on the alternative coastal road in Klebang.

Next is the 91m super yacht, Equanimity, impounded off Bali last Wednesday.

Indonesian police seized the vessel sought by the US Department of Justice (DoJ) in response to a Federal Bureau of Investigation (FBI) request to enforce a court order.

Police spokesman Muhammad Iqbal Abduh said the US$250mil (RM976mil) yacht’s Automated Identification System (AIS) had been switched off in nearby seas before the seizure.

Penang-born businessman Low Taek Jho, who is also known as Jho Low, criticised the DoJ for not proving any offence before acting.

“It is disappointing that, rather than reflecting on the deeply flawed and politically motivated allegations, the DoJ is continuing with its pattern of global overreach – all based on entirely unsupported claims of wrongdoing,” read a statement sent by his unnamed spokesman.

Eyebrows were raised when Attorney-General Tan Sri Mohamed Apandi Ali said the Government would not claim the yacht.

But Communications and Multimedia Minister Datuk Seri Salleh Said Keruak’s peculiar comment that the DoJ had not shown any “tangible proof” of Low’s ownership of the yacht drew ire and scorn.

He said besides allegations in the civil suit, on hold since last August, there was no evidence of Low’s ownership.

As former minister of trade and industry Tan Sri Rafidah Aziz noted, all it takes is a simple search. The “SuperYacthFan” website, which has a directory of the world’s wealthiest yacht owners, states that it belongs to Low and his Hong-Kong-based investment fund, Jynwel Capital.

If Low is innocent, the solution is simple: Just bite the bullet and face the DoJ.

The third curious case involves Criminal Investigation Department (CID) director Comm Datuk Seri Wan Ahmad Najmuddin Mohd’s frozen Australian bank account.

Australian police froze the A$320,000 (RM970,490) account after filing a forfeiture application in the New South Wales Supreme Court in March last year.

Strangely, the senior police officer does not want his almost RM1mil back. His reason? High legal costs.

Australian police noted a “flurry of suspicious cash deposits” into the CID director’s account, which had been dormant since it was first opened in 2011.

The account reportedly grew by nearly A$290,000 (RM879,500) in a month in 2016, mostly in deposits below A$10,000 (RM30,330) – the limit for law enforcement agencies to receive possible money-laundering alerts.

The money came in from branches and ATMs around the country, from the tiny towns in Queensland and in Tasmania to the major cities of Sydney and Melbourne, a week after the officer visited Australia.

In response, Inspector-General of Police Tan Sri Mohamad Fuzi Harun said an inquiry found that the account was opened in 2011 to enable the transfer of funds to finance the CID director’s son’s education in Australia.

The IGP said the dormant account was reactivated in 2016 for the officer’s daughter’s master’s degree, adding that Comm Wan Ahmad Najmuddin provided documents to prove the money was from the sale of a RM700,000 house in Shah Alam.

Malaysian Anti-Corruption Commission deputy chief commissioner Datuk Seri Azam Baki initially ruled out any further probe as both Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi and the IGP had exonerated the CID director. However, Azam has since been quoted as saying the MACC had begun investigating the matter following a report lodged by an unidentified whistleblower.

Deputy Home Minister Datuk Nur Jazlan Mohamed provided another queer twist to the case by suggesting that Australian authorities were using the media to embarrass Malaysia and by asking if they had an axe to grind.

With more doubts continuing to be raised over the case, Dr Ahmad Zahid said Comm Wan Ahmad could have been “a little naïve” about Australia’s legal system.

We can’t blame Malaysians to be sceptical, given the status of the person in question.

Naïve or not, just how costly can it be to hire a good lawyer in Australia to seek justice for the huge amount of money wrongly confiscated?

There have been such cases before and Malaysians have won, most notably former Selangor mentri besar Tan Sri Muhammad Muhammad Taib.

On May 1998, he was acquitted of currency regulation breaches involving more than A$1.2mil (RM2.9mil then).

Muhammad had pleaded not guilty to knowingly making a false currency report when entering the country on Dec 16, 1996, and then failing to declare currency when leaving six days later.

Besides saying that the ex-teacher’s English was not good, his lawyers argued that he didn’t know the country’s money exchange laws and that the funds were for buying land for himself and his three brothers.

How much he paid the lawyers remains a mystery, though.

Media consultant M. Veera Pandiyan likes this quote by Albert Einstein: Whoever is careless with the truth in small matters cannot be trusted with important matters.

Along The Watchtower by M.Veera Pandiyan The Star

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