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.
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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.
Attachments area

1 comment:

  1. Mmmm...could someone translate this in Bahasa Melayu and publish it in the Malaysia local newspaper please..

    ReplyDelete