RM919 million recovered so far in 1MDB scandal.
- Receiving a total of RM212m, Umno biggest recipient of disbursed money
- Recipients need only give the money back, no criminal prosecution
- Under Amla, no excuse of ignorance where money came from
- Already two recipients returned RM2m
- RM919m retrieved so far from 1MDB scandal
- Special task force to be set up to recover US$5b 1MDB assets in other countries
The Malaysian Anti-Corruption Commission (MACC) has filed civil forfeiture suits against 41 individuals and entities to recover some RM270 million related to 1Malaysia Development Bhd (1MDB).
Its chief commissioner, Latheefa Koya, said the suits were filed at the Kuala Lumpur High Court two days ago (June 19) under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
She said it was done as the MACC believed that the monies were transferred to the 41 respondents from former Prime Minister Datuk Seri Najib Tun Razak’s bank account.
The 41 respondents comprise political parties, foundations and companies, she told a press conference today, her first since assuming the top post.
Latheefa, however, said Najib was not one of the respondents.
She said Umno was the biggest recipient of the disbursed money as it received a total of RM212 million.
Latheefa said the application filed under the Act to forfeit properties and monies dispersed from 1MDB was also the biggest in the country’s history.
She said since the investigation into the 1MDB scandal commenced, the MACC had taken various efforts to recover the money and had so far retrieved RM919 million which were returned voluntarily, including cash and properties from overseas.
Latheefa said these recovered assets include those from movie production company Red Granite Pictures and Park Lane Hotel in New York.
The 1MDB money recovered from Red Granite is estimated to be worth US$60 million, while Park Lane Hotel funds were valued at US$140 million.
The assets were recovered through the US Department of Justice.
The receivers had voluntarily returned it to avoid prosecution or to minimise the action that can be taken against them, she said.
Latheefa explained that though the application is filed under Section 56 of the Anti-Money Laundering Act, it is a civil forfeiture action as there are no criminal charges against the 41 entities or individuals who received the 1MDB money.
She added that the MACC is taking a pragmatic step in applying for a civil forfeiture as it would not have the time to criminally charge everyone who has received the 1MDB money.
“Yes, this isn’t criminal prosecution. If they give the money back, well and good. That is what we are focusing on. We have several people receiving the money and if we prosecute, that might take time.
“Since the law is clear and we have alternative ways to recover the money, we will use the most pragmatic way. But there will be cases that instead of just receiving money, there were elements of transferring the money for further laundering.
“We will take action against these cases,” she said, adding that the 41 respondents also have the right to challenge the MACC’s application but they should not use ignorance as an excuse as it does not stand under Amla.”
“As far as Amla is concerned, so long you can show there are some unlawful activities and that the person who receives the money did not take steps to find out where the money came from, they are then subjected to this forfeiture process.
“[…] If you suddenly receive RM100,000, RM200,000 or RM500 million, you can’t give a defence of being shocked or surprised; and not take steps to find out and verify.
“[…] that kind of excuses doesn’t come under Amla,” Latheefa explained.
“We have filed the application at the Kuala Lumpur court, and once the affidavit is out, it will be served on them.
“Once we get the applications, we will freeze the accounts of the respondents. We hope to recover the money within 12 months,” Latheefa said.
She added that after the filing, two out of the 41 respondents had returned around RM2 million of the 1MDB money. However, she did not detail how the money was returned to the government.
Also present at the press conference today were MACC deputy chief commissioner (operations) Azam Baki, legal and prosecution division director Umar Saifuddin Jaafar and anti-money laundering and forfeiture of properties division director Mohamad Zamri Zainul Abidin.
Umar said hearings would be held for the 41 respondents on June 25 and July 10, 24 and 31.
Azam meanwhile said MACC would set up a special task force led by the National Centre for Governance, Integrity and Anti-Corruption to recover assets related to 1MDB in other countries.
He said many other 1MDB-linked assets had been identified, especially in Hong Kong and the UK.
“I think they are worth almost US$5 billion,” he added.
MACC’s full list of 41 recipients:
Seven individuals
1. Ibrahim Awang Ismail
2. Kasitah Gaddam
3. Ismail Abd Mutalib
4. Hasan Malek
5. Sim Sai Hoon
6. Abdul Manan Ismail
7. Bustari Yusuf
Four NGOs
8. Pertubuhan Dakwah Islamiah Malaysia (Pekida)
9. Akademi Pemuda
10. Gerakan Belia Gagasan 1Malaysia
11. Pertubuhan Kebangsaan Melayu Bersatu
Five foundations
12. Yayasan Permata Malaysia
13. Yayasan Tun Hussein Onn
14. Yayasan PBAKM
15. Yayasan Penyelidikan Transformasi
16. Yayasan Rahah
12 companies
17. Binsabi Sdn Bhd
18. Rayhar Travels Sdn Bhd
19. K&Z Enterprise Sdn Bhd
20. IPG Mediabrands Sdn Bhd
21. Media Edge CIA (M) Sdn Bhd
22. Hattafex Trading
23. Jakel Trading
24. Jakel Trading Sdn Bhd
25. Perano Sdn Bhd
26. AGA Touch (M) Sdn Bhd
27. Habib Jewels Sdn Bhd
28. Naza Quest Auto Sdn Bhd
Five political parties and one coalition
Umno, MCA, Sarawak United People’s Party (SUPP), Liberal Democratic Party (LDP) Sabah and Parti Bersatu Rakyat Sabah. And Barisan Nasional coalition which Umno belongs to. The breakdown in which party, states and divisions are as follows:
29. Kelantan Umno
30. Selangor Umno
31. Kedah Umno
32. Johor Umno
33. Sabah Umno
34. Pahang Umno
35. Pekan Umno (Najib is Pekan Umno chief)
36. Johor Bahru Barisan Nasional
37. Wanita MCA
38. Pahang MCA
39. SUPP
40. LDP
41. Parti Bersatu Rakyat Sabah