KUALA LUMPUR: No country can graduate to become high-income status without first improving governance, eliminating corruption and promoting integrity in every sector, according to Minister in the Prime Minister’s Department (Economy) Datuk Seri Mustapa Mohamed.
As the public is closely watching the government’s performance in areas of governance and integrity, the Auditor General’s Department must carry out its responsibility to audit all expenditures by ministries and agencies.
Amid the aspiration to be a developed nation in both the public and private sector, Mustapa admitted that issues of concerns have emerged in the country such as fraud, corruption, poor governance, weak financial management, abuse of power, and many unethical practices.
“Lack of integrity in institutions, public and private sector will be detrimental to our nation’s economic growth.
“In the current situation when we are facing tough economic and health challenges, these subjects (good governance and integrity) have become more important.
“We must be prudent in our spending. There must be zero tolerance for abuse of power and weak governance,” he said in his speech when officiating the virtual seventh annual ECoFI Symposium (AES) 2021 yesterday.
Mustapa said every sen spent on the government’s stimulus packages has to be monitored closely to ensure that the objectives of assisting the people and businesses were achieved in times of crisis, while strengthening the governance and integrity for swift economic recovery.
Meanwhile, Malaysia Association of Certified Fraud Examiners president Datuk Seri Akhbar Satar said there are numerous actions that needed to be taken in the Covid-19 response and recovery.
These include building fair framework for data openness and access; address immediate risks in the emergency public procurement, mechanisms for effective implementation, compliance and review, safeguarding fairness in the enforcement of public integrity standards and foster a culture of integrity in leadership.
“Transparency is even more crucial during a crisis. (The) lack in checks and balances can lead to abuse of public procurement as some rules and regulations have been loosened.
“It can even lead to the practice of price fixing and collusive bidding – which are normal methods used in emergency procurement,” he said. — Bernama
PUTRAJAYA: In an unprecedented turn of events, former prime minister Datuk Seri Najib Tun Razak and his wife Datin Seri Rosmah Mansor will both be in court today.
After spending a night in the MACC lockup, investigators are bringing Rosmah to the Sessions Court in Kuala Lumpur to face a slew of money laundering charges while the case management for one of Najib’s cases will take place at the same time.
Najib is facing some 32 charges including criminal breach of trust, abuse of power and money laundering of funds linked to 1Malaysia Development Bhd and its offshoot, SRC International Sdn Bhd.
So far, Najib has been brought to court three times to face charges since July 4.
As for Rosmah, today will be the first time she will be formally charged in relation to money laundering activities.
It is believed that Rosmah could be slapped with up to 20 charges.
Rosmah, 67, will go down in Malaysian history as the first wife of a prime minister to be indicted.
The arrest came after she was questioned for more than four hours yesterday morning at the Malaysian Anti-Corruption Commission (MACC) headquarters here.
The Star, followed by other media, broke the news of her arrest after the lunch break yesterday.
At 3.20pm, MACC confirmed her arrest.
The MACC made the arrest after being given the go-ahead by the Attorney General’s Chambers.
The commission also said that Rosmah would be charged under Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.
However, Rosmah’s lawyers said they were unaware of the charges that would be brought on their client.
“We were only informed by the MACC of her arrest and that she would be brought to the Kuala Lumpur Sessions Court to be charged tomorrow.
“They did not tell us the nature of the charges,” said Datuk Geethan Ram Vincent.
The media who were stationed outside the MACC building from 9am waited for Rosmah who was called in for questioning for the third time since June 5.
The investigations are related to the trail of funds from 1MDB and SRC International.
She arrived at the MACC headquarters at 10.42am, dressed in a light green baju kurung and a matching selendang.
As she walked past the crowd of reporters, she appeared calm and even stopped to shake hands.
Sources said that Najib was informed of his wife’s arrest.
“He appeared calm,” said a source when asked on Najib’s reaction to the news of Rosmah’s arrest.
Asked about Rosmah’s condition, Geethan said: “She’s ok.”
Rosmah was first called to the MACC on June 5 to answer questions on SRC International Sdn Bhd.
On Sept 26 and yesterday, she was interrogated over the 1MDB scandal and money laundering.
The first inkling of Rosmah being charged was on Sept 24 after MACC chief commissioner Datuk Seri Shukri Abdull was quoted as saying that the investigations on her had been completed and the report had been submitted to the Attorney General.
He said then that it was up to the AG to prosecute Rosmah.
Yesterday, Najib was also detained for questioning on matters related to 1MDB but in another location and by a different law enforcement agency.
While Rosmah was in MACC, Najib was giving his statement at the Anti-Money Laundering and Anti-Terrorism Financing Prevention Unit (Amla) headquarters at Menara KPJ in Jalan Tun Razak.
Pemantau Malaysia Baru president Datuk Lokman Noor Adam, who is also an Umno supreme council member, announced the day before on Facebook that Najib would be called in by the police at 10am yesterday.
Najib was taken into the building through a side entrance after he arrived at Menara KPJ at about 11am, giving the media the slip.
He managed to evade the press when he left the building from the elevated car park at 1.05pm, nearly three hours after he came to the Amla headquarters.
Yesterday morning, a white luxury MPV was seen leaving the couple’s house in Jalan Langgak Duta earlier in the morning.
However, it was not known whether it was transporting the couple or either one of them.
Prior to his questioning at Menara KPJ yesterday, Najib, who is Pekan Member of Parliament, was called up on Aug 27 and 30 and then on Sept 30 to have his statement recorded on the case.
In both instances, it was with the MACC.
Exactly a week ago on Sept 26, Rosmah was called in for a second round of questioning – this time on 1MDB – which lasted 13 hours, also at the MACC.
Credit: mazwin nik anis, joseph kaos jr, royce tan, vincent tan, and chu mei fong The Star
Datin Seri Rosmah Mansor, wife of former Malaysian Prime Minister Datuk
Seri Najib Tun Razak was being charged under the Anti-Money Laundering,
Anti-Terrorism Financing and Proceeds of Unlawful Activities Act
(AMLATFPUAA) 2001 at the Kuala Lumpur Sessions Court.
PIC: AFIQ RAZALI / Malaysia Gazette / 4 OCTOBER 2018
By Mohd Zaini Samsu Hadi
KUALA LUMPUR – Datin Seri Rosmah Mansor, wife of former Prime
Minister Datuk Seri Najib Razak was slapped with 17 charges on
money-laundering involving a total of RM7 million.
Following are the list of charges on Rosmah:
Depositing RM200,000 from illegal activities into personal account on 4 December 2013
Depositing RM100,000 from illegal activities into personal account on 15 December 2013
Depositing RM200,000 from illegal activities into personal account on 23 December 2013
Depositing RM100,000 from illegal activities into personal account on 28 January 2014
Depositing RM100,000 from illegal activities into personal account on 29 January 2014
Depositing RM200,000 from illegal activities into personal account on 28 February 2014
Depositing RM100,000 from illegal activities into personal account on 14 March 2014
Depositing RM100,000 from illegal activities into personal account on 8 April 2014
Depositing RM1.6 million from illegal activities into personal
account through 8 transactions between 4 September 2014 and 22 December
2014
Depositing RM3.85 million from illegal activities into personal
account through 127 transactions between 21 January 2015 to 12 December
2015.
Depositing RM510,000 from illegal activities into personal account
through 87 transactions between 28 January 2016 and 7 November 2016
Depositing RM30,000 from illegal activities into personal account through 5 transactions between 28 March 2017 and 8 June 2017
Failure to declare RM500,000 deposited into her personal account
between 4 December 2013 and 23 December 2013 as required by the Income
Tax Act
Failure to declare RM2.2 million deposited into her personal account
between 28 January 2014 and 22 December 2014 as required by the Income
Tax Act
Failure to declare RM3.85 million deposited into her personal
account between 21 January 2015 and 12 December 2015 as required by the
Income Tax Act
Failure to declare RM510,000 deposited into her personal account
between 28 January 2016 and 7 November 2016 as required by the Income
Tax Act
Failure to declare RM30,000 deposited into her personal account
between 29 March 2017 and 8 June 2017 as required by the Income Tax Act
Rosmah was charged according to Section 4(1) of the Anti-Money
Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities
Act (AMLATFPUAA) 2001,
She shall be liable to imprisonment for a term not exceeding fifteen
years and shall also be liable to a fine of not less than five times the
sum or value of the proceeds of an unlawful activity or
instrumentalities of an offence at the time the offence was committed or
five million ringgit, whichever is the higher upon conviction. –
MalaysiaGazette
'Leadership has always been about generosity to those who are less
well endowed and fortunate than you are. Often, it is not generosity of
kind, because that would be buying of votes, but generosity of spirit.' - Tan Sri Andrew Sheng
WHY is it that in the last days of September, 10 years after the failure of Lehman Brothers, the world feels as if it is a dangerous place?
The
filing for Chapter 11 bankruptcy protection by financial services firm
Lehman Brothers on September 15, 2008, remains the largest bankruptcy
filing in U.S. history, with Lehman holding over US$600,000,000,000 in
assets. Wikipedia
President Trump’s remarkable speech to the United Nations this week was supposed to re-state the New Order that America has envisioned for the world. And all he got was a laugh.
https://youtu.be/Dqao0PqMgnE
But it was an important speech, because it spelt out more clearly what everyone knew since January 2017 – his Administration is dismantling what America has stood for since the Second World War.
Out goes the vision of a liberal rule-based stable world under US leadership. What replaces it is a “no holds barred” reality show of bilateral “Art of the Deal” negotiations supposedly to solve what is paining America. Never mind the collateral damage on everyone else, even if they are ultimately American consumers. What everyone heard is that the White House does not care too much about allies or enemies, only what is good for America First, trumped by the speaker’s ego.
Speeches to the United Nations has never been about foreign policy. Speaking in front of 193 member countries, the national leader is actually addressing his home audience, a photo-opportunity to show that as a member of the United Nations, your voice is heard by the whole wide world. Accordingly, other than the famous 1960 case of Soviet Leader Khruschev making his point by banging his shoe at the podium, most national leader speeches to the United Nations are boring homilies. They tend to praise themselves, pay due respect to the UN, and expound what Miss Congeniality says in all beauty contests, “world peace!”
What we got instead from President Trump was raw and edged, “America’s policy of principled realism means we will not be held hostage to old dogmas, discredited ideologies, and so-called experts who have been proven wrong over the years, time and time again.” That statement made a powerful indictment of “experts”, because his supporters feel that it is the elite experts that have run the country for 70 years who have let them down.
If America is doing so well economically, militarily and technologically, why should her middle class feel so insecure? And it is lashing out at everyone else.
The answer lies in not what the speech said, but what it omitted. Everywhere in the world, not least in America, the greatest existential concerns are inequality and climate change. Almost nothing was said about both issues, which are stressing societies and pushing immigration from poorer neighbours across borders to richer nations with cooler climates.
Instead, what was decided was non-participation in the Global Compact on Migration, withdrawal from the Human Rights Council and non-recognition of the International Criminal Court. There was also a barrage against Opec, which contains some of the US’s strongest allies. If other bodies like the World Trade Organisation or even the United Nations do not do America’s bidding, then the cutting of funds or withdrawal is a matter of time. Does that imply that the US will now veto every World Bank or IMF loan to members that she does not like?
In short, it is all about anti-globalisation. In the same breath that “We reject the ideology of globalism, and we embrace the doctrine of patriotism,” Trump appeals to the passion and pride of nationalism. “The passion that burns in the hearts of patriots and the souls of nations has inspired reform and revolution, sacrifice and selflessness, scientific breakthroughs, and magnificent works of art.”
Never mind if a lot of that sacrifice and selflessness was by immigrants and new arrivals.
Outsiders who used to admire America as an open society founded by immigrants with new ideas on how to build a more just society and free economy find instead one that has an increasingly closed mind to global issues. It does seem strange that American innovation, entrepreneurship and dynamism which drew continuously on new talent initially from Europe and then the rest of the world is now walling up its borders, physically, legally and mentally.
There are 40 million immigrants in the US today, representing 13% of the US population. Immigrants founded nearly one-fifth of the Fortune 500 companies, such as Google, Procter & Gamble, Kraft, Colgate Palmolive, Pfizer, and eBay. Today, much of Silicon Valley talent feel like working in the United Nations, diverse, noisy and creative.
The irony of America drawing on global talent and resources is that she has no need to pay for it from exports, but can easily print more dollars. In other words, the Grand Bargain of global trade was the ability of the US to pay for real goods and services with something that can be printed at near zero marginal cost. Even the Europeans are now creating a separate payment system outside the US dollar dominated SWIFT system to avoid being punished for “trading with the enemy”.
When contracts of trust are being renegotiated, no one can feel at ease. One can never solve global problems unilaterally or even bilaterally, let alone calls for more national patriotism. And as the English writer Samuel Johnson scribbled in 1775, a year before US independence from Britain, “patriotism is the last refuge of a scoundrel.”
Leadership has always been about generosity to those who are less well endowed and fortunate than you are. Often, it is not generosity of kind, because that would be buying of votes, but generosity of spirit.
This side of the Pacific, there is awareness that the tensions will not go away with Trump or a change in the November elections. What has happened is that the US establishment has put political interests ahead of economic interests, which means that any settlement will have to go beyond economic considerations.
If trade and political tensions are in for the long haul, can the current US market enthusiasm have sufficient strategic patience?
Now we understand why no one is laughing.
Credit; Think Asian Andrew Sheng
Tan Sri Andrew Sheng writes on global issues from an Asian perspective.
US President Donald Trump delivered his speech loud and clear at the UN General Assembly on Tuesday covering a spectrum of issues, ranging from global security, trade, and above all - his idea of "sovereignty." His bragging also attracted some chuckles among the world leaders. What key messages did Trump fixate on? And how is the international community reacting to Trump's speech and his "America First" policies?
The US has revamped a trade deal with the Republic of Korea (ROK). The new version of the United States-Korea Free Trade Agreement specifically aims to boost US auto sale, but its effectiveness remains in doubt. Will this deal set a new precedent for more so-called "US wins" in its multi-front trade war?
NZ Prime Minister Jacinda Ardern Explains Why The UN Laughed At Trump
https://youtu.be/aYsZv9JXmio
https://youtu.be/samRCVQTa-M
https://youtu.be/9lXNF-_cmnM
https://youtu.be/ZjjNKDlwpDc
What's next in the escalating China-US trade war?
https://youtu.be/V73Cgcy3dTA
China vs USA: Trade war
https://youtu.be/aHSSDQYaIjQ
Trump’s tariff policy has failed: analysts
After China slammed US President Donald Trump's accusation that China is meddling in the US midterm elections, analysts noted that Trump's behavior shows he has been shamed as his policy toward China didn't bring what he wants but has hurt his supporters.
If Trump discovers he is losing support due to China's trade retaliation, which has hurt the interests of his supporters, then he should blame himself and people who convinced him to impose additional tariffs against China, because it was his administration that started the frictions and led to China's retaliation, Chinese experts said on Thursday.
"We do not and will not interfere in any country's domestic affairs. We refuse to accept any unwarranted accusations against China," Chinese State Councilor and Foreign Minister Wang Yi said at the UN Security Council at once after Trump made his accusation.
Trump accused China during his remarks at the UN Security Council on Wednesday, saying, "Regrettably, we found that China has been attempting to interfere in our upcoming 2018 elections in November against my administration," CNN reported.
Trump offered scant details or evidence, which came during a session meant to focus on nonproliferation issues. He suggested the meddling attempts came as retribution for the budding trade war he has waged with Beijing, CNN's report said.
China's Ministry of Foreign Affairs also responded to Trump's remarks on Thursday. "China has always stood by the principle of non-interference in other countries' internal affairs, and this is a Chinese diplomatic tradition, and the international community knows this," Chinese Foreign Ministry spokesperson Geng Shuang said at a routine press conference.
"The international community is also clear on which country is most interested in interfering with others' internal affairs," Geng noted. He urged the US to stop making groundless accusations and slandering China, and refrain from making wrong statements and actions that damage bilateral ties and the fundamental interests of the two peoples.
'Not what he wants'
"They do not want me or us to win because I am the first president ever to challenge China on trade," Trump said at the UN Security Council. "We are winning on trade. We are winning at every level. We don't want them to meddle or interfere in our upcoming elections."
However, Chinese analysts disagree with Trump's rhetoric.
"This shows that Trump has been ashamed into anger due to his unsuccessful policy on China," said Ni Feng, deputy director of the Chinese Academy of Social Sciences' Institute of American Studies.
"After a series of tariffs and provocations on the Taiwan question, and sanctions on the Chinese military department and personnel, China has continued to retaliate without any compromise and even refuses to negotiate with the US under the current circumstances. So this situation is not what he wants, which is why he is so angry and tries to make new accusations," Ni noted.
The US midterm elections are approaching, and the Republicans are facing a serious challenge and might lose the House after the elections. So Trump is trying to "pass the buck," said Diao Daming, an American studies expert and associate professor at Renmin University of China.
"Blaming China is a good option for him, and some radical Trump supporters will believe him regardless of the truth," Diao noted.
Due to the interdependency between China and the US, China's retaliation will definitely hurt US people's interests, including those of Trump supporters. But don't forget it was Trump who irrationally began the trade frictions with China, and China is forced to retaliate, Diao said.
"If the US people want to blame someone, they should blame their president. If Trump wants to blame someone for losing support or even the elections, he should blame himself and his advisers who urged him to start the trade row, rather than pass the buck to China," he noted.
A Chinese State-run English language newspaper inserted a four-page supplement in the Sunday edition of the Des Moines Register, an Iowa-based newspaper, to highlight the negative effects of the trade frictions Trump launched.
"China is actually placing propaganda ads in the Des Moines Register and other papers, and making them appear like news," Trump tweeted on Thursday.
"According to US laws, foreign media can cooperate with US media," and many other foreign media companies do the same thing. So, accusing this normal act as evidence of meddling in the elections is far-fetched and groundless, Geng said.
However, the US government, the Congress and the media have done a lot to interfere in China's internal affairs on Taiwan, Xinjiang and Tibet, Diao noted. "This is real interference in others' internal affairs." - Global Times By Yang Sheng
It would be best if Trump could assert a level of caution
when speaking at UN headquarters. Fabricated stories and slogans
designed to trick American voters will not have the same effect with UN
members.
As long as China keeps upholding its opening-up, foreign
enterprises, including many US ones, will continue participating in the
development of the China market. China should continue cooperating with
the Western world and the US on climate change, anti-terrorism, nuclear
nonproliferation, global poverty and stabilizing the financial
situation. As long as China keeps its development momentum, the US is
doomed to lose the trade war.
There are positive aspects as Trump emphasized the idea
of national sovereignty in his UN speech. Meanwhile, it is common sense
that sovereignty will only play a positive role if it is pre-conditioned
on equality, the basic principle everyone abides by.
We also hope that the Chinese public gets to know the
causes and effects of the event and the steadiness of the Chinese
government's policies. No matter how long China-US trade conflicts last,
China is doing what it should. China is honest and principled and a
major trade power with intensive strengths. No one can take us down.
The US is anxious about its temporary gains and losses.
One minute it wants Sino-US exchanges, but the next it worries China is
taking advantage. Its relevant policies are bound to change all the
time. Its latest decision is like the trade war. Washington's purpose is
to drag Beijing down, but it will mostly hurt itself.
The road to solidarity will reflect the times and China
still needs to accumulate experiences. But as long as all of China's
policies aim at serving the people, the country's solidarity won't go
wrong.
Source: Global Times | 2018/9/19 23:33:40
History has proved that Pyongyang-Washington ties have a
decisive effect on inter-Korean relations. In this sense, in the final
analysis, Seoul needs to focus on lobbying Washington.
When asked for comment, she said: “I’m okay. Alhamdulillah (Praise be to God).”
Wife of ex-PM questioned by MACC for 13 hours over 1MDB
While MACC investigators question Datin Seri Rosmah Mansor at length, believed to be over the 1MDB saga, a Dubai-based firm wants RM20.69 mil in bling back. The royal jeweller claims that he could bring his exquisite masterpieces to the ex-premier’s wife without having to go through Customs – thanks to officers from the PM’s Department. PUTRAJAYA: It proved to be a long, gruelling day for Datin Seri Rosmah Mansor as anti-graft officers interrogated her for 13 hours.
She entered the Malaysian AntiCorruption Commission (MACC) headquarters here at 9.50am yesterday.
Speculation was rife that the wife of former prime minister Datuk Seri Najib Tun Razak would be held overnight and charged today.
But at 10.40pm last night, Rosmah emerged from the MACC headquarters. Although she looked exhausted, the 66-year-old afforded a meek smile to waiting journalists outside the building.
When asked for comment, she said: “I’m okay. Alhamdulillah (Praise be to God).”
Her lawyers Datuk K. Kumaraendran and Datuk Geethan Ram Vincent said Rosmah would not be returning for further questioning.
“Datin Seri Rosmah has finished giving her statement. I will not comment further,” said Kumaraendran.
On June 5, Rosmah was questioned for about five hours by MACC investigators over a probe into SRC International Sdn Bhd, a former 1Malaysia Development Bhd (1MDB) subsidiary.
The latest interrogation is believed to evolve around the 1MDB scandal.
Rosmah looked calm when she alighted from a Proton Perdana and walked past a horde of journalists who converged outside the MACC building earlier in the morning.
Her attire and accessories were the centre of attention, as she had colour coordinated her green baju kurung and tudung with a Loewe designer handbag and wedge shoes.
The last time out, she wore a blue baju kurung and red tudung, with her bright red Versace handbag drawing the most stares.
Throughout the day, her lawyers were seen coming in and out of the MACC building at least three times.
As is the practice, lawyers are usually not allowed in the interrogation room. Both spoke of their long wait as journalists tried to find out from them how long the questioning would take.
This was the second time Rosmah had been questioned by the MACC.
Last Thursday, Najib was slapped with 25 fresh corruption and money-laundering charges. He was granted bail of RM3.5mil with two sureties in his latest court case.
Investigators have not ruled out that Najib as well as other individuals could be faced with even more charges related to the 1MDB case. - The Star
'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'
https://youtu.be/txYy9oVWGCw
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 counts 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.
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
Tel +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.
Every bit of money that was borrowed by 1MDB had Najib's signature, says PM
It is impossible for Datuk Seri Najib Tun Razak not to know of transactions related to 1MDB when his signature was on the documents, says Tun Dr Mahathir Mohamad.
The Prime Minister said he could not believe his predecessor’s claim that he knew nothing about money from the state fund ending up in his personal account.
“Who wants to believe him (that he didn’t know), when he signed (his name)?
“Every bit of money that goes in and out of the first borrowing of RM42bil, all (had) his signature,” said Dr Mahathir.
The amount refers to the total debt accumulated by 1MDB, a fund which was, in fact, founded by Najib in 2009.
“If he doesn’t know, it must be that he doesn’t understand what a signature means,” Dr Mahathir was quoted as saying in an interview with the Malay Mail yesterday.
Dr Mahathir described as “ludicrous” for someone to direct RM2bil to be transferred into his account, while refusing to be informed of the transaction.
“This cannot be. Because I have to sign to use the money.
“To use the money, I have to issue cheques. Najib always assumes that people are stupid,” Dr Mahathir added.
It was previously reported that about US$700mil (RM2bil) was allegedly misappropriated from 1MDB into Najib’s personal account.
In a Reuters report on Wednesday, Najib blamed his advisers and the 1MDB board for keeping the alleged embezzlement information from him.
He said he did not know if hundreds of millions of dollars that moved through his personal account was from 1MDB, and if money from the fund was eventually laundered to acquire assets globally, including yachts, paintings, gems and prime real estate.
To this, Dr Mahathir said the Government had all the information on Najib’s alleged involvement in moving the 1MDB money, and that it knew how much money had gone into Najib’s account.
On Wednesday, the Prime Minister disclosed that the authorities had “an almost perfect case” against Najib for embezzlement, misappropriation of funds and bribery.
1MDB had fallen RM42bil in debt since its inception in 2009, and Dr Mahathir had been at the forefront raising questions on it over the past three years. -The Star
Najib: If I was informed about the troubles the fund was in, I would have acted
He does, though, have explanations for the vast sums of cash, luxury handbags and jewellery recently seized from his homes by the Malaysian authorities.
Speaking to Reuters in his first sit-down interview since his shock May 9 election defeat, Najib said his advisors and the management and board of 1Malaysia Development Berhad (1MDB), had wrongly kept the alleged embezzlement of funds a secret from him.
Newly-elected Prime Minister Tun Dr Mahathir Mohamad told Reuters on Tuesday that the authorities have “an almost perfect case” against Najib on charges of embezzlement, misappropriation and bribery linked to 1MDB.
Najib, in some of his most extensive comments yet on the 1MDB scandal, said he did not know if hundreds of millions of dollars that moved through his personal account was from 1MDB, and if money from the fund was eventually laundered to acquire assets globally, including yachts, paintings, gems and prime real estate.
“I’m not party to the yacht, the paintings...I’ve never seen those paintings whatsoever,” said Najib.
“I was not aware of these purchases. This was done without my knowledge. I would never authorise 1MDB funds to be used for any of these items. I’ve been in government so long, I know what’s right and what’s wrong,” Najib said in the interview held at a luxurious sea-facing private villa in a five-star hotel on Pulau Langkawi.
He blamed 1MDB’s board, saying it was incumbent upon them to tell him if something was wrong.
Relaxing in a black T-shirt and brown pants, Najib said he was enjoying golf, food, and time with his family.
The family booked the villa to celebrate Hari Raya holidays together. Najib’s children, including stepson Riza Aziz, a Hollywood film producer, were with him for the week, his aides told Reuters.
Malaysian investigators looking into 1MDB say they believe that Najib and his wife Datin Seri Rosmah Mansor have amassed vast amounts of wealth and property using funds from the state fund.
Rosmah briefly appeared at the interview but Najib said she would not take questions.
Nearly 300 boxes of designer handbags and dozens of bags filled with cash and jewellery were among the items taken away by police in raids at properties linked to Najib’s family.
Items included Birkin handbags from the luxury goods maker Hermes, each worth up to hundreds of thousands of dollars.
Najib said the public seizure of handbags and other luxury items created a negative perception but most were gifts given to his wife and daughter and had nothing to do with 1MDB.
“Yes these were gifts, particularly with my daughter’s they were tagged, they were actually labelled: when, by whom,” adding that a lot of them were wedding presents.
Najib said his son-in-law Daniyar Nazarbayev, the nephew of Kazakstan president Nursultan Nazarbayev, also gifted many of the handbags to Rosmah.
“People might find it hard to understand, but my son-in-law for example, he gets Birkin from his source, five or six at one go,” he said.
“His family has got some means, so it has nothing to do with 1MDB if it comes from Kazakhstan.”
US prosecutors have alleged that more than US$4.5bil (RM18.02bil) of 1MDB funds were laundered through a complex web of transactions and shell companies. The US Department of Justice (DoJ) has filed several lawsuits to claim about US$1.7bil (RM6.8bil) in assets believed to have been stolen from 1MDB.
Some of the assets sought include a Picasso painting, luxury real estate in South California and New York, shares in a Hollywood production company and a US$265mil (RM1.06bil) yacht, and more than US$200mil (RM800.9mil) worth of jewellery – including a 22-carat pink diamond pendant and necklace.
Najib said this jewellery set was also meant to be a gift for his wife but she never received it.
“And until today we do not know...she says the item is not in her possession,” Najib said.
In the interview, Najib for the first time also spoke at length about Low Taek Jho, a Malaysian financier better known as Jho Low.
US and Malaysian investigators have named Low as a key figure who benefited from 1MDB funds.
Najib said he felt that Low’s connections in the Middle East, particularly with Saudi Arabia and the United Arab Emirates, could be helpful in pulling in more investment to Malaysia from those places.
But he said he had never instructed Low to get involved in 1MDB, and had no control over what he did.
“I didn’t give him instructions, but he volunteered to do certain things, which he thought would help 1MDB. But whatever he did ultimately is the responsibility of the management and board.”
Malaysia is seeking to arrest Low, believed to be residing abroad, for his involvement in the 1MDB scandal.
He described Low and Najib’s stepson Riza as friends but said he was not aware of any dealings involving 1MDB funds in Riza’s Hollywood production company, which produced The Wolf of Wall Street among other movies.
When asked if he was still in touch with Low, Najib said:
“We have cut off communication again. I don’t know where he is.”
Low’s lawyer did not immediately respond to a request for comment.
Najib has consistently denied any wrongdoing in 1MDB. He has said US$681mil (RM2.72bil) transferred into his personal bank account was a donation from Saudi Arabia, and not as US lawsuits have alleged misappropriated funds from 1MDB.
Najib said he had been given assurances from the late Saudi King Abdullah bin Abdulaziz Al Saud that Saudi Arabia would be sending a donation.
“All I knew, I accepted at face value that this is coming from the Saudis, from King Abdullah at his behest, at his instruction,” Najib said. – Reuters
Najib: I did not benefit from 1MDB in any way
His say: ‘If anyone is found to be on the wrong side of the law, let the legal process take its course.’
LANGKAWI: Former prime minister Datuk Seri Najib Tun Razak has denied that he benefitted from 1MDB, adding that he believed that the sovereign fund had been created to do “something good for the country”.
“If I knew there was going to be misappropriation of funds, if that was my knowledge, I would have acted,” he said.
To a question if he blamed the 1MDB board for the fund’s troubles, he said:
“No. I am saying as a general principle, if they are in the know that something is not right, then it is incumbent upon them to tell me. It is the fiduciary duty of the board and the management to do the right thing. I expect them to do the right thing and to follow the law.”
He also said that they had no control over what Jho Low – who has been named the main suspect in the 1MDB investigation – did, adding that he could not pass judgment.
“But there are certain things which he may or may not have done. But I am right to say that investigations should proceed and if anyone is found to be on the wrong side of the law, let the legal process take its course.
“No, he was not working on my behalf. All those items he never invoked my name but he did say he was acting for someone else,” he said.
Asked who Low was acting for, Najib said: “You have to ask him that.”
He also said that he had not talked much about the 1MDB allegations because all these things happened out of Malaysia and that there were some “international ramifications” if he were to name certain prominent individuals who might affect the country’s diplomatic relations.
“I would also like to place on record that (his step-son) Riza has done very well – the movies, the box office sales has reached beyond RM3.2bil. So, it is not abusing concern. It is a profitable concern. But source of funding is subject to investigation. I think we will leave it at that.”
On RM2.6bil that was moved into his personal account in 2013, he said with the general election coming then, he had not wanted to get funding from companies as they would expect something in return eventually.
“If I have a source of funding, I could fund the elections and I could also do a lot CSR (corporate social responsibility) work without being obligated to anyone. That was my real intention you see. And I assumed everything was fine,” he said, maintaining that the RM114mil ringgit allegedly seized during investigation into 1MDB to be “genuine donations because the raid happened just two days after the 14th General Election. As president of the party, I had to prepare for the elections, and elections are very expensive affairs.
“Because donations are made in cash in election times. You don’t send cheques during election times, because people want cash. That is when monies are disbursed accordingly.”
On Barisan Nasional’s defeat in the elections, Najib said he saw part of it coming but that he did not expect it to be this catastrophic, blaming it on Opposition’s allegations that changed public opinion.
On the reopening of the Altantuya Shaaribuu murder case, he said the case had already been dealt with and denied that there was any evidence that he had ever met her.
“There are no records, no pictures or witness to say that I even knew her. It was subject to a proper trial and my name didn’t come up during the trial whatsoever.
“I’m on record to have sworn in a mosque in the name of Allah that I had nothing to do with the case.” - The Star
