Wednesday, August 30, 2017

Malaysia's courts accept PM Najib's argument that he is not a servant of the Agong: Najib,Cabinet ,now outside the protection of sovereign immunity

by Ganesh Sahathevan


Image result for najib razak agong
PM Najib has succesfully argued before the courts that he ,his deputy Zahid Hamidi, and his cabinet, are not servants of the monarch, currently Sultan Muhammad V

The High Court and now Court Of Appeal have agreed that Malaysian PM Najib Razak is not a public official , even if he but only a member of the administration.
The decision may have consequences for all and any of the privileges that PM Najib enjoys as a
public official,including the right to sovereign immunity even when on official duties.

In a constitutional monarchy such as Malaysia public officials enjoy a degree of immunity
while undertaking duties on behalf of  the monarch (hence OHMS,or in Malay, Urusan Seri Paduka Baginda). Najib, and presumably his entire cabinet ,now declared not to be public officials, are therefore  outside the privileges and protection that  comes from being public officials.

Consequently any claims to sovereign immunity are also likely to have be lost. The prime minister is not a personal representative of the monarch (as say,diplomats are) ,and is provided immunity only by virtue of being a public official ie an official of the monarch who does the monarch's work among his people.

END



KUALA LUMPUR, Aug 30 ― The Court of Appeal upheld today a previous court ruling that the prime minister is not a public officer and struck out a bid to sue the incumbent Datuk Seri Najib Razak for alleged power abuse.

In its unanimous decision, a three-judge panel chaired by Tan Sri Idrus Harun said it agreed with the High Court’s April 28 ruling to dismiss a suit by former prime minister Tun Dr Mahathir Mohamad and two other former Umno members: Datuk Seri Khairuddin Abu Hassan and Anina Saadudin against Najib, news portal Malaysiakini reported.
The High Court had said that a member of the administration cannot be considered a public official even though he holds public office.
“We agree with the learned judge’s decision. There is no merit in the appeal. We affirm the decision of the High Court,” Idrus was quoted saying.
According to the report, the two other judges on the Court of Appeal panel were Datuk Vernon Ong and Datuk Abdul Rahman Sebli.
Dr Mahathir ― now chairman of the Pakatan Harapan Opposition pact ― as well as Khairuddin and Anina had filed a lawsuit last year accusing Najib of committing misfeasance in public office and acting in breach of his fiduciary duty over the management of sovereign investment fund 1Malaysia Development Berhad.
Lawyer Mohamed Haniff Khatri Abdulla, who represented the three applicants, was reported saying his clients will appeal today’s decision with the Federal Court.

Read more at http://www.themalaymailonline.com/malaysia/article/pm-not-public-officer-appellate-court-rules#2dfBkzb5sAbA7r6s.99

Tuesday, August 29, 2017

Ex-AG of Malaysia's driver shot; coincides with FBI warning that the lives of 1MDB related witnesses may be in danger

by Ganesh Sahathevan


Malaysiakini reported:

Two unidentified men shot and wounded the driver of former attorney-general Abdul Gani Patail at the victim's house in Ampang Perdana this morning.
In the 8.30am incident, the men reportedly approached the victim on the pretext of asking for directions before shooting at him in the leg. According to China Press, police are investigating the motive and attempting to identify the assailants.

Gani was about to charge PM Najib with offences related to the 1MDB theft when he was sacked.This may well be a warning to him ,or an attempt on the driver's life, given that driver's are often well informed of what their bosses do.


The incident coincides with the FBI's fears for witnesses to the 1MDB theft.

END




Sunday, August 13, 2017

FBI fears for the safety of witnesses, including law enforcement personnel involved in the 1MDB CRIMINAL INVESTIGATION

by Ganesh Sahathevan 



The following declaration sworn by FBI Special Agent Jill Enyart makes clear that the 1MDB theft is an ongoing criminal investigation.The FBI make clear that it  fears for the safety of witnesses, including law enforcement personnel involved in the  1MDB investigation.The declaration is attached to the recent DOJ stay application with regards its 1MDB theft related asset seizures.
END 



DECLARATION OF JILL ENYART

 I, Jill Enyart, declare and state as follows: 


1. I am a Special Agent with the Federal Bureau of Investigation (“FBI”). I have read the foregoing Notice of Motion and Motion For Order Staying Civil Forfeiture Proceedings For All Purposes Except the Filing of Timely Claims and Answers, and know the contents thereof. The matters contained in the Motion are true to the best of my knowledge and belief. 



2. I am familiar with the allegations set out in the First Amended Complaint (“FAC”) in this action, and the scope and subject matter of the related, ongoing criminal investigation. The sources of my knowledge and information concerning the investigation are official files and records of the United States, publicly available files and historical information, information made known to me by other law enforcement officers, experts, and government lawyers, as well as my own personal involvement in the investigation, together with others, as a Special Agent of the FBI. 



3. The government commenced a criminal investigation of the events described in the FAC prior to the commencement of this and the related actions. The criminal investigation remains ongoing. 


4. The related criminal investigation is global in scope because the underlying crimes were committed over several years in numerous jurisdictions. Perpetrators, which includes both entities and individuals acting in individual and representative capacities, are believed to have committed violations of both U.S. and foreign laws. A significant amount of the evidence and Case 2:16-cv-05362-DSF-PLA Document 121 Filed 08/10/17 Page 21 of 23 Page ID #:1236 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 witnesses with knowledge of these violations are located in foreign jurisdictions, and will take time to pursue. 


5. I believe that disclosure of any facts beyond those set forth in the FAC, whether in response to discovery requests or otherwise, will have an adverse effect on the government’s ability to conduct the ongoing criminal investigation. Such disclosures are likely to reveal potential targets and subjects of the investigation and the investigative techniques that have been and will be used in the investigation. Such disclosures could result in the destruction of evidence, flight of potential subjects and targets, or the identification and intimidation of potential witnesses. In fact, potential witnesses with knowledge of the criminal conduct and other facts set forth in the FAC may live in jurisdictions where their safety and security could be in jeopardy if their identities are disclosed through civil discovery in this and the other related cases


6. In addition, proceeding with discovery in this and the related cases could lead to the disclosure of information relating to the sources of evidence from whom the government obtained evidence, including foreign jurisdictions. The disclosure of such information could prejudice those jurisdictions’ plans, jeopardize the safety of certain foreign law enforcement personnel and threaten their willingness or ability to cooperate with the government in its criminal investigation, thereby closing off sources of evidence of the criminal and other conduct set forth in the FAC. Case 2:16-cv-05362-DSF-PLA Document 

witnesses with knowledge of these violations are located in foreign jurisdictions, and will take time to pursue. 5. I believe that disclosure of any facts beyond those set forth in the FAC, whether in response to discovery requests or otherwise, will have an adverse effect on the government’s ability to conduct the ongoing criminal investigation. Such disclosures are likely to reveal potential targets and subjects of the investigation and the investigative techniques that have been and will be used in the investigation. Such disclosures could result in the destruction of evidence, flight of potential subjects and targets, or the identification and intimidation of potential witnesses. In fact, potential witnesses with knowledge of the criminal conduct and other facts set forth in the FAC may live in jurisdictions where their safety and security could be in jeopardy if their identities are disclosed through civil discovery in this and the other related cases. 

6. In addition, proceeding with discovery in this and the related cases could lead to the disclosure of information relating to the sources of evidence from whom the government obtained evidence, including foreign jurisdictions. The disclosure of such information could prejudice those jurisdictions’ plans, jeopardize the safety of certain foreign law enforcement personnel and threaten their willingness or ability to cooperate with the government in its criminal investigation, thereby closing off sources of evidence of the criminal and other conduct set forth in the FAC.



ARREST WARRANT FOR THE PRIME MINISTER! - The Real Reason The Attorney General Was Fired - EXCLUSIVE!

ARREST WARRANT FOR THE PRIME MINISTER! - The Real Reason The Attorney General Was Fired - EXCLUSIVE!

Dumped before he could make his move? Gani Patail
Dumped before he could make his move? Gani Patail
Sarawak Report has acquired documents, now verified, which explain exactly why Abdul Gani Patail was dramatically fired on Monday.
The Attorney General was on the brink of bringing charges for corruption against the Prime Minister of Malaysia.
We have acquired the secret draft charge sheet documents, which Gani Patail was in the process of drafting.
They include a charge sheet for corrupt practices under Section 17 (a) of the MACC Act, allowing for punishment of a sentence of up to 20 years in prison under Section 24 of the Act.
In an unprecedented situation the person being charged was none other than the Prime Minister “Dato’ Seri Mohd Najib Bin Tun Abdul Razak” along with a company director, Dato’ Shamus Anuar Bin Sulaiman.
The explosive information hits Malaysia in the middle of a highly controversial visit by the  British Prime Minister, who had been widely warned against making such a visit in the midst of Malaysia’ biggest political scandal in decades.
The documents, which were being worked in their final draft stages by the Attorney General, were sent to Sarawak Report following the sacking of Gani Patail and have now been verified by other senior parties.
Arrest Warrant for a Prime Minister!
Arrest Warrant for a Prime Minister!
In English the first of two draft warrants spell out the charges being brought by Malaysia’s most senior law officer (who was unconstitutionally dismissed by the Prime Minister the day after these drafts were printed).
The warrant cites that the Prime Minister and Shamsul Anuar and “another person still at large Nik Ariff Bin Faisla Kamil” on 26th of December 2014 at the AmIslamic Bank, Bangunan Ambank Group in Kuala Lumpur, as an agent of the Malaysian Government, namely the Prime Minister of Malaysia and special advisor of SRC International, did secretly obtain a sum of money amounting to RM27 million that was paid through the company Gandingan Mentari and Ihsan Perdana to “your account at AmPrivate Banking -1MY no 211201101880″ with the principal aim of obtaining a loan from Kumpulan Wang Persaraan pension fund.
“As such you have committed an offence under Section 17(1) of the Malaysian Anti-Corruption Act of 2009, under which you can be punished according to Section 24 of the Act, to be read with Section 34″.
The punishment cited at the base of the document is imprisonment of not more than 20 years and a fine not less than five times of the value of the bribe taken or RM10,000, whichever is higher.

Raiding Malaysia’s public pension fund KWAP!

The crime referred to has already been widely reported following exposes by Sarawak Report and the Wall Street Journal at the start of this month.
We produced documents from the task force investigation into 1MDB, which showed that its former subsidiary SRC International (whose CEO is Nik Kamil) had made a number of payments into the Prime Minister’s personal accounts totalling millions of ringgit over a period from last December to this February.
The payments went through the companies Gandingan Menteri Sdn Bhd, of whom the Director was Nik Faisal Ariff Kamil (also wanted for questioning) and Ihsan Perdana Sdn Bhd, whose Director Shamus Anuar is also cited in the warrant.
The route of the money referred to in the charges
The route of the money referred to in the charges

Criminal Breach of Trust

A second, alternative draft charge was being worked on by the Attorney General, which Sarawak Report has also obtained.
Criminal breech of trust - does not even need a warrant for arrest say experts
Criminal breach of trust – does not even need a warrant for arrest say experts

The second charge relates to the same act on the same day, but refers more specifically to the Prime Minister’s position of trust with regard to the company SRC.  In English it reads:
Secret
In the Matter of Kuala Lumpur Sessions Court (Criminal Division)
Arrest Case No…………………………………………………
Draft First Charge
That you together with a person still at large, one Nik Faisal bin Kamil, on the 26.12.2014 at the AmIslamic Bank Bhd, Bangunan Anbank Group, No. 55 Jalan Raja Chulan, in the Federal Teritory of Kuala Lumpur, as agent(s) of the Government of Malaysia to wit the Prime Minister of Malaysia holding the post of Finance Minister as Special Advisor (Ameritus Advisor) to SRC International Sdn Bhd with common intention did corruptly receive a bribe in the sum of RM27 million from SRC International Sdn Bhd which was paid through Gandungan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd to your account with AmPrivate Banking – 1MY account No. 2112022011880 as an inducement to do an act or deed connected with the affairs of your principal to wit assisting in obtaining a loan of funds from Kumpulan Wang Persaraan (Incorporated) (KWAP) to SRC International Sdn Bhd. Therefore you have committed an offence under section 17(a) of the Malaysian Anti-Corruption Commission Act 2009 punishable under section 24 of the said Act read together with section 34 of the Penal Code.
Sentence:
A conviction under section 24 would result in imprisonment up to 20 years and to a fine not less than 5 times the value of the bribe or RM10,000.00 whichever is the greater.
Police HQ Report No: IPJ/Rpt No: 252/2015

Sacked!

A close insider has now confirmed to Sarawak Report that Patail had arrived at his office on Monday morning expecting to finalise the extremely sensitive charges he was preparing against the Prime Minister, resulting from the investigations of the multi-agency task force into 1MDB.
“He was finalising it.  He went to his office and found he could not go in. Ali Bin Hamsa, the Chief Secretary to the Government, was waiting and he told him [the Attorney General, Abdul Gani Patail] that he was dismissed.  He could not even get his papers.”
Within hours of this secret drama at the heart of government, as all Malaysia knows, the Prime Minister had moved to effect what has been described as an attempted coup d’etat.
Fire on the 10th floor of Bukit Aman last night - it is where all the documents on white collar crime are kept.... a coincidence people are asking?
Fire on the 10th floor of Bukit Aman last night – it is where all the documents on white collar crime are kept…. a coincidence people are asking?
The head of Special Branch was removed, the Deputy Prime Minister was dumped and four members of the investigating Parliamentary Accounts Committee were elevated without choice to positions in Cabinet and its work was declared suspended.
Other known cabinet critics of the the 1MDB scandal have also been unceremoniously dismissed by the Prime Minister.
It has been also been announced that tomorrow’s meeting of the UMNO Supreme Council, representing the key leadership of the ruling party, has also been cancelled by the Prime Minister.
Now all Malaysia knows why the Prime Minister has moved to sack the countries top legal officers and top politicians.
In an irony of perfect timing the Prime Minister is now seeking to use the visit of Britain’s David Cameron as an endorsement of his unconstitutional move to hijack the State of Malaysia.
Endorsement by the UK of Malaysia's 'coup d'etat'?
Endorsement by the UK of Malaysia’s ‘coup d’etat’?
Will he get away with it, everyone is asking?
Attachments area

Monday, August 28, 2017

Removing the Malaysian flag from Malaysian territory ,and the unprecedented jailing of a former CAF-A coincidence , or is there a common China link

by Ganesh Sahathevan


                   Jen (ret) Tan Sri Abdul Aziz Haji Zainal


Could these two incidents, the removal of the Malaysian flag from Malaysian territory to appease China, and the jailing of the former Chief Of Army and Chief Of  Armed Forces Tan Sri Abdul Aziz Haji Zainal,  be related?
This writer cannot imagine any member of the armed forces, let alone a Chief Of Armed Forces (CAF) being happy with an order to remove the Malaysian flag from Malaysian territory to appease China.

To quote the Australian Australian marine archaeologist Hans Berekoven:

"A Malaysian coast guard vessel was despatched. Went out there and unbolted the flag," he said.

"It's absolutely absurd. It's 88 miles, well within the 200 mile economic exclusion zone, and they've forced the Malaysians to take the flag down — their flag, asserting their authority, their sovereignty."

Did the former CAF and others in the armed forces protest, and was the jailing of Tan Sri Aziz  Zainal a means of keeping them in line?

END

Monday, August 8, 2016


ABC Australia reports that Malaysia surrendered special rights to Luconia Shoals to China : Rights to adjoining EEZ may be lost

by Ganesh Sahathevan

ABC TV reported on Sunday 7 August  an incident on or about 31 August 2015 whenMalaysian Maritime Enforcement Agency(Agensi Penguatkuasaan Maritim Malaysia) officers removed a Malaysian flag that had been planted on Luconia Shoals by  Australian marine archaeologist Hans Berekoven. 

The planting of the flag itself has been reported before (see below) but it was only yesterday that Berekoven revealed on ABC TV   that a MMEA Bombardier surveillance plane flew over after he planted the flag, and that MMEA officers then came on to the shoal and removed the Malaysian flag.

By doing so the Malaysian Government has signalled that it will not enforce its hitherto exclusive right to administer and enjoy the economic zone on and around Luconia Shoal. Given that China has been asserting what it says is its right to the shoal (and the entire South China Sea) ,it follows that China can now enjoy equal if not greater right to the shoal and the surrounding economic zone. 


The map below illustrates what has been lost.The polygons represent oil concessions awarded by Malaysia and Indonesia. 

The map may be viewed and enlarged at this link.

END 









Tuesday, August 30, 2016

General Tan Sri Aziz Zainal Jailing Will Cost Voters -Consequences of Malaysia's unprecedented jailing of a former Chief of Army and Chief Of Armed Forces

by Ganesh Sahathevan



                   Jen (ret) Tan Sri Abdul Aziz Haji Zainal
The Malaysian Anti-Corruption Agency announced on Monday that it had charged and remanded (ie held in prison) a former Chief Of Army and Chief Of Armed Forces, General Tan Sri Aziz  Zainal.
Malay political and cultural reality dictates that regardless of the merits of the charges against him, General Aziz will be seen by his men  to have been humiliated by a Government that has been slow to move on far larger cases of corruption like 1 MDB.


His troops will draw parallels between the treatment of their chief  (it matters not that he has retired) and Jho Low of 1 MDB infamy.Questions will also be asked about Riza Aziz , PM Najib's step-son who is said to have directly benefited from Jho Low's theft.


Story image for jho low from Malaysia Chronicle

Malaysia Chronicle

Malaysian soldiers and their leaders are not likely to overthrow their government in an armed revolt, but the Government does rely on them as voters, both in their constituencies and for their postal votes. Given the treatment of their chief, compliance with orders on how and where to vote can no longer be taken for granted. The Government and UMNO may have lost a substantial bank of voters.

END 

Friday, August 25, 2017

The FBI is concerned for the safety of law enforcement personnel who report to Najib, but Najib will soon be honoured at the White House?

by Ganesh Sahathevan

While the US Government works ,at least in theory, in clear separation of powers,there is here clearly a conflict given that for all intents and purposes Najib Razak controls the government and civil service.This was especially evident in his sacking the Attorney General and Central Bank Governor who were said to have been on the brink of having Najib charged with theft and other crimes related to the 1MDB theft:
The White House
Office of the Press Secretary
For Immediate Release

Statement from the Press Secretary on the Visit of Prime Minister Najib Abdul Razak of Malaysia

President Donald J. Trump will welcome Prime Minister Najib Abdul Razak of Malaysia to the White House on September 12.  President Trump looks forward to celebrating the 60th anniversary of United States-Malaysia bilateral relations and discussing ways to strengthen and broaden our bilateral relationship and expand regional cooperation with one of America’s closest partners in Southeast Asia. 




DECLARATION OF JILL ENYART

 I, Jill Enyart, declare and state as follows: 


1. I am a Special Agent with the Federal Bureau of Investigation (“FBI”). I have read the foregoing Notice of Motion and Motion For Order Staying Civil Forfeiture Proceedings For All Purposes Except the Filing of Timely Claims and Answers, and know the contents thereof. The matters contained in the Motion are true to the best of my knowledge and belief. 



2. I am familiar with the allegations set out in the First Amended Complaint (“FAC”) in this action, and the scope and subject matter of the related, ongoing criminal investigation. The sources of my knowledge and information concerning the investigation are official files and records of the United States, publicly available files and historical information, information made known to me by other law enforcement officers, experts, and government lawyers, as well as my own personal involvement in the investigation, together with others, as a Special Agent of the FBI. 



3. The government commenced a criminal investigation of the events described in the FAC prior to the commencement of this and the related actions. The criminal investigation remains ongoing. 


4. The related criminal investigation is global in scope because the underlying crimes were committed over several years in numerous jurisdictions. Perpetrators, which includes both entities and individuals acting in individual and representative capacities, are believed to have committed violations of both U.S. and foreign laws. A significant amount of the evidence and Case 2:16-cv-05362-DSF-PLA Document 121 Filed 08/10/17 Page 21 of 23 Page ID #:1236 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 witnesses with knowledge of these violations are located in foreign jurisdictions, and will take time to pursue. 


5. I believe that disclosure of any facts beyond those set forth in the FAC, whether in response to discovery requests or otherwise, will have an adverse effect on the government’s ability to conduct the ongoing criminal investigation. Such disclosures are likely to reveal potential targets and subjects of the investigation and the investigative techniques that have been and will be used in the investigation. Such disclosures could result in the destruction of evidence, flight of potential subjects and targets, or the identification and intimidation of potential witnesses. In fact, potential witnesses with knowledge of the criminal conduct and other facts set forth in the FAC may live in jurisdictions where their safety and security could be in jeopardy if their identities are disclosed through civil discovery in this and the other related cases


6. In addition, proceeding with discovery in this and the related cases could lead to the disclosure of information relating to the sources of evidence from whom the government obtained evidence, including foreign jurisdictions. The disclosure of such information could prejudice those jurisdictions’ plans, jeopardize the safety of certain foreign law enforcement personnel and threaten their willingness or ability to cooperate with the government in its criminal investigation, thereby closing off sources of evidence of the criminal and other conduct set forth in the FAC. Case 2:16-cv-05362-DSF-PLA Document 

witnesses with knowledge of these violations are located in foreign jurisdictions, and will take time to pursue. 5. I believe that disclosure of any facts beyond those set forth in the FAC, whether in response to discovery requests or otherwise, will have an adverse effect on the government’s ability to conduct the ongoing criminal investigation. Such disclosures are likely to reveal potential targets and subjects of the investigation and the investigative techniques that have been and will be used in the investigation. Such disclosures could result in the destruction of evidence, flight of potential subjects and targets, or the identification and intimidation of potential witnesses. In fact, potential witnesses with knowledge of the criminal conduct and other facts set forth in the FAC may live in jurisdictions where their safety and security could be in jeopardy if their identities are disclosed through civil discovery in this and the other related cases. 

6. In addition, proceeding with discovery in this and the related cases could lead to the disclosure of information relating to the sources of evidence from whom the government obtained evidence, including foreign jurisdictions. The disclosure of such information could prejudice those jurisdictions’ plans, jeopardize the safety of certain foreign law enforcement personnel and threaten their willingness or ability to cooperate with the government in its criminal investigation, thereby closing off sources of evidence of the criminal and other conduct set forth in the FAC.

END

Rosmah and the pink diamonds-Anyone can take action against Rosmah in the US,and the courts need only consider a State Dept application for immunity

by Ganesh Sahathevan




US First Lady Michelle Obama poses
with Rosmah Mansor, wife of 
Malaysian Prime Minister Najib Razak,


In addition ,the US system is not one of automatic immunity. Anyone can commence action in the US against Rosmah Mansor for  recovery of  the diamonds, and it will be then up to the US State Department to make what is called a suggestion of immunity, which the court can reject.


END








Thursday, August 24, 2017


Rosmah Mansor of the pink diamonds coming to the USA-Will sovereign immunity be granted,and how can it be justified, given the theft of 1MDB money in New York



by Ganesh Sahathevan


The US Department of Justice has alleged that this diamond and others were purchased and gifted to

Rosmah Mansor, who wll soon accompany her husband Najib Razak on an official visit to the White House, to meet with President Trump.

Accompanied by GIA report no. 2115637296 stating that the 
diamond is Fancy Intense Pink, Natural Color, VS2 clarity.   
Together with a letter 
from the GIA stating that the diamond has been determined to be type IIa



The DOJ's complaint alleges that the diamond above and others were acquired with funds stolen from 1MDB during a trip the New York, placing the Rosmah and the crime within US jurisdiction.

Avoiding prosecution for that and possibly other 1MDB related crimes will require the Malaysian Government to request that sovereign immunity be granted Rosmah, for it does not extend to the spouse of a visiting head of government or head of state. 

It will be interesting to see on what basis the US State Department justifies extending that immunity to Rosmah.
END 

References

Sunday, June 18, 2017



Rosmah Mansor acquired diamonds paid for with 1MDB money in the US,placing herself within the jurisdiction of US laws against theft

by Ganesh Sahathevan



SOTHEBY'S CATALOGUE NOTE

Accompanied by GIA report no. 2115637296 stating that the diamond is Fancy Intense Pink, Natural Color, VS2 clarity.   Together with a letter from the GIA stating that the diamond has been determined to be type IIa

                                                       
The pink diamond above (GIA report no. 2115637296) was offered for sale at auction by Sotheby's in 2011.Its size.colour, description and GIA report number match that which is described below in the US DOJ's latest 1MDB complaint:

852. On or about September 28, 2013, Schwartz met again with LOW and the wife of MALAYSIAN OFFICIAL 1 in a hotel suite in the Mandarin Time Warner in New York in order to show them the layout of the necklace that Schwartz had designed. Travel records confirm that the wife of MALAYSIAN OFFICIAL 1 was in New York City at this time. Travel records show that on September 27, 2013, LOW flew from Las Vegas to Teterboro Airport in New Jersey on his jet. Other passengers on that flight included AZIZ, TAN and McFarland. 

854. Schwartz Inc. issued two invoices in connection with the purchase of the 22-CARAT PINK DIAMOND NECKLACE. The first invoice, dated July 3, 2013, was for $23,000,000 for the 22-carat diamond itself. The diamond is described in the invoice as “22.17carat Natural Fancy Intense Pink VS2 clarity (GIA#2115637296) Cut-Cornered Square Modified Brilliant Cut diamond.” The second invoice, dated July 31, 2013, was for $4,300,000 for the accompanying necklace, which was described as “ONE GRADUATE FANCY INTENSE PINK AND OVAL WHITE DIAMOND NECKLACE WITH INTERCHANGEABLE PENDANT TO RING.” 

856. The invoices were ultimately paid using funds traceable to diverted 2013 bond proceeds, and more specifically, to the funds that Tanore sent to MALAYSIAN OFFICIAL 1 under the guise of investing in SRC International.  

In summary, Rosmah Mansor acquired diamonds paid for with 1MDB money in the US,placing herself within the  jurisdiction of US laws against theft, a crime.
Of course, she could well say that she had no idea the funds used were from 1MDB, and that she was always under the impression that the jewellery was a gift from her husband, PM Najib Razak, aka MO1, out of that money donated by some Saudi royal.
END 

Thursday, August 24, 2017

Rosmah Mansor of the pink diamonds coming to the USA-Will sovereign immunity be granted,and how can it be justified, given the theft of 1MDB money in New York



by Ganesh Sahathevan


The US Department of Justice has alleged that this diamond and others were purchased and gifted to

Rosmah Mansor, who wll soon accompany her husband Najib Razak on an official visit to the White House, to meet with President Trump.

Accompanied by GIA report no. 2115637296 stating that the 
diamond is Fancy Intense Pink, Natural Color, VS2 clarity.   
Together with a letter 
from the GIA stating that the diamond has been determined to be type IIa



The DOJ's complaint alleges that the diamond above and others were acquired with funds stolen from 1MDB during a trip the New York, placing the Rosmah and the crime within US jurisdiction.

Avoiding prosecution for that and possibly other 1MDB related crimes will require the Malaysian Government to request that sovereign immunity be granted Rosmah, for it does not extend to the spouse of a visiting head of government or head of state. 

It will be interesting to see on what basis the US State Department justifies extending that immunity to Rosmah.
END 

References

Sunday, June 18, 2017



Rosmah Mansor acquired diamonds paid for with 1MDB money in the US,placing herself within the jurisdiction of US laws against theft

by Ganesh Sahathevan



SOTHEBY'S CATALOGUE NOTE

Accompanied by GIA report no. 2115637296 stating that the diamond is Fancy Intense Pink, Natural Color, VS2 clarity.   Together with a letter from the GIA stating that the diamond has been determined to be type IIa

                                                       
The pink diamond above (GIA report no. 2115637296) was offered for sale at auction by Sotheby's in 2011.Its size.colour, description and GIA report number match that which is described below in the US DOJ's latest 1MDB complaint:

852. On or about September 28, 2013, Schwartz met again with LOW and the wife of MALAYSIAN OFFICIAL 1 in a hotel suite in the Mandarin Time Warner in New York in order to show them the layout of the necklace that Schwartz had designed. Travel records confirm that the wife of MALAYSIAN OFFICIAL 1 was in New York City at this time. Travel records show that on September 27, 2013, LOW flew from Las Vegas to Teterboro Airport in New Jersey on his jet. Other passengers on that flight included AZIZ, TAN and McFarland. 

854. Schwartz Inc. issued two invoices in connection with the purchase of the 22-CARAT PINK DIAMOND NECKLACE. The first invoice, dated July 3, 2013, was for $23,000,000 for the 22-carat diamond itself. The diamond is described in the invoice as “22.17carat Natural Fancy Intense Pink VS2 clarity (GIA#2115637296) Cut-Cornered Square Modified Brilliant Cut diamond.” The second invoice, dated July 31, 2013, was for $4,300,000 for the accompanying necklace, which was described as “ONE GRADUATE FANCY INTENSE PINK AND OVAL WHITE DIAMOND NECKLACE WITH INTERCHANGEABLE PENDANT TO RING.” 

856. The invoices were ultimately paid using funds traceable to diverted 2013 bond proceeds, and more specifically, to the funds that Tanore sent to MALAYSIAN OFFICIAL 1 under the guise of investing in SRC International.  

In summary, Rosmah Mansor acquired diamonds paid for with 1MDB money in the US,placing herself within the  jurisdiction of US laws against theft, a crime.
Of course, she could well say that she had no idea the funds used were from 1MDB, and that she was always under the impression that the jewellery was a gift from her husband, PM Najib Razak, aka MO1, out of that money donated by some Saudi royal.
END 























Reference

Why has Najib not summoned the US Ambassador to protest the insinuations of criminal wrongdoing by the PM and his wife ?