Friday, April 20, 2018

The growing criminal case against Arul Kanda: CEO 1MDB continues to breach Malaysia's old criminal laws and new fake news laws

by Ganesh Sahathevan

Arul Kanda's capacity for self-incrimination remains unparalleled

1MDB says on path to monetize assets and meet debt obligations


Arul Kanda's latest ,recorded by CNBC:  "I'm very proud to say that 1MDB has not defaulted on any of its payment obligations. We continue to service the debt."


Clearly  fake news, and its adds to this existing charge:

1. In a media statement issued on or about 13 January 2014,Arul Kanda Kandasamy , CEO 1MDB, a civil servant,  declared:


“1MDB hopes that the redemption of these funds, in full, draws a line under this matter. 1MDB can confirm that it has now redeemed the US$2.318bil (RM 7 billion) invested by the company in Cayman Islands-registered fund, following a commitment made by the chairman of the board of directors on Dec 23, 2014,” 

3.On  or about 28 January 2015 Bloomberg reported that 1MDB had  planned to obtain a third extension to its RM2 billion loan by another month, 

4. It is inconceivable that 1MDB would delay (for a third time) repayment of a very large loan ,when  it claims it has  cash in hand  of at least RM 7 billion.

5.It is obvious therefore that 1MDB does not have even RM 2 billion let alone RM 7 billion, in cash and cash equivalent,and that the funds said to have been redeemed in paragraph 2 above have not been redeemed,and if yes,not available for 1MDB to use even for the repayment of its loans.

6.It does appear then that Arul has made false statements in the execution of his duties as CEO of 1MDB,and in doing so has misled 1MDB's lenders.who include Malayan Banking Bhd, RHB Bank, and others,all of whom are likely to have suffered material losses as a consequence.

6) As a very senior civil servant Arul appears to have breached Section 218 of The Malaysian  Penal Code ,which for ease of reference is reproduced below:

Public servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture

 218. Whoever, being a public servant, and being, as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to three years or with fine or with both


7) Arul's management of the funds referred to in  paragraph (2) are clearly in breach of the law, and hence he appears in addition to have committed and act or acts of criminal breach of trust.Section 405 of the Malaysian  Penal Code which for ease of reference is reproduced below:

Criminal breach of trust .

405.  Whoever, being in any manner entrusted with propertyor with any dominion over property either solely or jointly with any other person dishonestly misappropriates, or converts to his own use, that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.

8) Being a civil servant he then appears to be in breach of the provisions of Section 409 of the Malaysian Penal Code:

Criminal breach of trust by public servant or agent 409. Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which shall not be less than two years and not more than twenty years and with whipping, and shall also be liable to fine.


The facts disclosed above provide evidence of very large amounts of public money being mishandled to the point where the must be considered lost to the nation. For this and the reasons detailed above I ask that the Royal Malaysian Police treat this matter as one of great urgency.

END

1MDB seeking another loan extension

Wednesday, 28 January 2015
Kuala Lumpur: 1Malaysia Development Bhd (1MDB) is planning to seek another one-month extension on a RM2bil loan to give it more time to sell a stake in its energy unit, sources said.
The state-owned investment company needed more time to repay the debt as it was still in discussions with billionaire T. Ananda Krishnan, Malaysia's second richest person, they said.
Ananda may excercise an option, granted when he sold energy assets to 1MDB in 2012, to buy part of the Edra Global Energy Bhd unit, the people said.
A spokesman for 1MDB declined to comment.
The debts of 1MDB has reached RM41.9bil as of March 2014, according to the firm's annual report. Once it has settled the loan, IMDB plans to list Edra Global in a RM10.8bil initial public offering that would be Malaysia's biggest since Felda Global Ventures Holdings Bhd went public in 2012.
Bank Negara does not comment on individual companies, governor Tan Sri Dr Zeti Akhtar Aziz told reporters in Putrajaya when asked about 1MDB’s debt yesterday.
If granted, it will be the third extension of the loan from Malayan Banking Bhd and four other lenders.
1MDB was given a grace period until the end of January to repay the debt, according to reports.
1MDB built its energy business by buying assets from Ananda and Genting Bhd. It agreed to pay RM8.5bil in 2012 for Ananda's power interests, which included generation plants in Malaysia, Egypt, Pakistan and the United Arab Emirates. Ananda is Malaysia's second richest person with a net worth of about RM33bil, according to the Bloomberg Billionaires Index.
1MDB appointed Arul Kanda Kandasamy, the former investment banking head at Abu Dhabi Commercial Bank PJSC, as president earlier this month. Kanda said in a Jan 6 interview that 1MDB is embarking on a strategic review of operations.
The company redeemed a US$2.32bil (RM8.35bil) investment in a Cayman Islands fund, it said in a Jan 13 statement. — Bloomberg

Sunday, April 8, 2018

Johor Crown Prince defends his right to an opinion ;says nothing about "private and confidential" RM 8.6 BILLION contract

by Ganesh Sahathevan

First this:
The Star ,7 April 2018:
Apart from YTL and THP, the other partner in the YTL-THP JV is said to be the SIPP group, which is linked to the Johor Palace.
The SIPP group has bagged a few federal government-sponsored projects in the state following its partnership with the YTL group, including the RM8.6bil Gemas-Johor Baru double-track project.
(https://www.thestar.com.my/business/business-news/2018/04/07/ytl-corp-pulls-off-surprise/#wrbOl6QB69FYLRci.99)

Channel New Asia,8 April 2018:His Royal Highness, Brigadier General Tunku Ismail Sultan Ibrahim

"HM Sultan of Johor and I have agendas and plans. Our main agenda is the state of Johor, but how we reach Putrajaya, we can’t disclose to all of you as it is private and confidential. 
"I do not (support) any political party, but in order to change a country’s fate and improve the system, it is not by bringing down a government. We need to change it from the inside," he wrote.
"Our neighboring countries and I believe that if a ship has been sailing fine for many years but has an issue due to its skipper, do not fix it with a new engine. We stay on the same ship and guide the skipper to where we want to go. That’s all I’m sharing with the people. But the people of Johor must believe in the vision of HM Sultan of Johor and I."






AND NOW THIS:




TMJ responds to Facebook comments

NATION


Sunday, 8 Apr 20187:25 PM MYT


image: https://www.thestar.com.my/~/media/online/2018/04/08/11/29/tmj-080418.ashx/?w=620&h=413&crop=1&hash=E6DF6A2648F3093E5FDA38488299800995D59FFD



PETALING JAYA: Johor Crown Prince Tunku Ismail Sultan Ibrahim has responded to comments on social media in relation to another social media post he made on Saturday night.

Here is his response verbatim:

WHATEVER DECISIONS OR OPINIONS IS EVERYONE'S RIGHTS.

I gave my sincerest opinion for what I think is best for my state. It was my personal opinion and being in my position I do not support any political party or individual. Whenever I think of something, I always think of the betterment of state of Johor and I do not let my emotions cloud my opinions or anything for that matter. I use my mind to get what is best.



People have the right to give their own opinions. They have the right to support whomever they want and the right to form an opinion. I still say that whomever becomes the leader in this country, he does not only serve a political party's idealogy. He needs to serve the people. That is why we are here, HM The Sultan of Johor and I or any other politicians. Our duty first and foremost it to the people.

Whatever statements I gave last night is my personal opinion, and the people have ghe right to choose for themselves. It is different in Johor. You have to understand that in Johor we have our own way, so don't bring your outside influences, take care of your own states and country.

That is my honest opinion, but how do I say that the people that they have the right to choose whomever they want. But remember, whomever that person may be, he must serve and give priority to you and not to his personal agendas.

My opinion is for the state of Johor. Whatever I think of, whatever I do, it is for the people of Johor and not for myself. To me, the people of Johor believe in the leadership of HM The Sultan of Johor.

I was born to serve the state of Johor. So, that is my responsibility. I did not say I support Tun Mahathir, Dato Seri Najib or anyone else. I am a straight forward person. Before, when Dato Seri Najib made a mistake, I stood and said something and when Tun Mahathir had issues, I stood and said something. I am not on anyone's side and I am not supporting anyone. I only disagree when a person who had a crisis with Johor in the past tries to take over Johor! Because this is my state. A state my father, grandfather and ancestors have protected whenever there is a crisis. Is it that easy for the people to forget about those crises?

No matter what, The Johor state constitution and the intitution of Johor needs to be maintained, the sovereignty and the well being of Johor must be the top priority. Is that difficult to be understood? Whoever you want to support, you support. But like I said, all matters related to Johor are between the Johor people and me. I feel that outsiders do not need to intervene and voice out. The majority of them, when we investigated, came from outside.

Whatever happens to Malaysia is your problem. Whatever decisions I feel are the best for Johor are between my people and me. We can discuss together, talk together and I give my opinions, they give theirs. That's what makes this state progress because we exchange opinions and most importantly we are sincere and loyal to the Johor state constitution and institution. Whatever happens to the country, it involves other people, not me.

HRH Major General Tunku Ismail Ibni Sultan Ibrahim, Crown Prince of Johor

Related story:

TMJ shares his views on political situation in the country


Read more at https://www.thestar.com.my/news/nation/2018/04/08/tmj-responds-to-internet-comments/#FEmZFjSdsApBvMiC.99

Sultan Of Johor awarded RM 8.6B project,commands voters support Najib: Assures Malaysians he will guide Najib's Government

by Ganesh Sahathevan


The Star ,7 April 2018:
Apart from YTL and THP, the other partner in the YTL-THP JV is said to be the SIPP group, which is linked to the Johor Palace.
The SIPP group has bagged a few federal government-sponsored projects in the state following its partnership with the YTL group, including the RM8.6bil Gemas-Johor Baru double-track project.
(https://www.thestar.com.my/business/business-news/2018/04/07/ytl-corp-pulls-off-surprise/#wrbOl6QB69FYLRci.99)

Channel New Asia,8 April 2018:His Royal Highness, Brigadier General Tunku Ismail Sultan Ibrahim

"HM Sultan of Johor and I have agendas and plans. Our main agenda is the state of Johor, but how we reach Putrajaya, we can’t disclose to all of you as it is private and confidential. 
"I do not (support) any political party, but in order to change a country’s fate and improve the system, it is not by bringing down a government. We need to change it from the inside," he wrote.
"Our neighboring countries and I believe that if a ship has been sailing fine for many years but has an issue due to its skipper, do not fix it with a new engine. We stay on the same ship and guide the skipper to where we want to go. That’s all I’m sharing with the people. But the people of Johor must believe in the vision of HM Sultan of Johor and I."

END 







YTL Corp pulls off surprise






Contractor’s JV is one of two PDPs for KL-Singapore HSR project





YTL Corp Bhd


image: https://cdn.thestar.com.my/Themes/img/chart.png

has again caught the market by surprise with its recent win of a portion of the job in the multi-billion ringgit Kuala Lumpur–Singapore High Speed Rail (HSR) project.


In the run-up to the 14th General Election, MyHSR Corp announced the appointment of two project delivery partners (PDPs) for the HSR project. They are the joint ventures (JVs) of Malaysian Resources Corp


image: https://cdn.thestar.com.my/Themes/img/chart.png

Bhd with Gamuda Bhd


image: https://cdn.thestar.com.my/Themes/img/chart.png

(MRCB-Gamuda JV) and YTL Corp’s Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd with TH Properties Sdn Bhd (YTL-THP JV), a subsidiary of Lembaga Tabung Haji.


The announcement, which came two days before the parliament is dissolved, took the market by surprise.




Many were not expecting such a major development to take place before a general election, considering that the HSR project is the most prestigious development that will involve two countries over the next seven years.



image: https://www.thestar.com.my/business/business-news/2018/04/07/ytl-corp-pulls-off-surprise/~/media/3dcf898ab58a4a5d9a564d0a9a575dc1.ashx?h=1032&w=600





Nevertheless, the latest win puts YTL as as the top beneficiary of rail construction projects, sharing the limelight with companies such as Gamuda Bhd and George Kent (Malaysia) Bhd. Until now, both Gamuda and George Kent have been the favoured stocks among analysts as a major proxy for new rail contracts in the country.


In the span of four months, YTL, which built the Express Rail Link (ERL) in 1996, has bagged two major rail projects.


In December, it received a rail package worth RM8.6bil for the Gemas-Johor Baru electrified double-track railway project.


As a PDP, YTL-THP will be responsible for designing and delivering the civil works of the KL-SG HSR project at an agreed cost and within the schedule of completion.


Apart from YTL and THP, the other partner in the YTL-THP JV is said to be the SIPP group, which is linked to the Johor Palace.


The SIPP group has bagged a few federal government-sponsored projects in the state following its partnership with the YTL group, including the RM8.6bil Gemas-Johor Baru double-track project.


The Gemas-Johor Baru double-track project involves the construction of 197km of double tracks, stations, electric trains, depots, land viaduct, bridges, and electrification and signalling systems.


Back to the HSR project, the MRCB-Gamuda JV has been selected for the northern portion of the alignment, while YTL-THP has been selected for the southern portion.


The job scope of the PDP to oversee civil works contracts for the HSR project between Bandar Malaysia and the southern tip of Johor, is by far the biggest and most prestigious railway contract so far.


According to CIMB Research, the combined value of the civil works at HSR is estimated at RM30bil-RM40bil and the PDP fee is 6% of total civil works.


The 6% figure is similar to the amount given to PDPs managing the works in the the mass rapid transit (MRT) projects.


CIMB estimates that the MRCB-Gamuda JV will manage contracts worth about RM20bil-RM23bil, assuming its scope of work involves the stretch between Bandar Malaysia to the Malacca-Johor. The portion is about 65% of total works.


The value of civil works to be under the purview of the YTL-THP JV is about RM10bil-RM12bil.


The research house points out that unlike the role of the PDPs in the MRT works, there is a possibility that the PDPs of HSR project would be allowed to participate in the construction works.


“We understand that the tender for HSR’s civil works is only applicable to local contractors,” it said in a report yesterday.


CIIMB targets that the civil work for the HSR project to start in early next year.


Shares of YTL has risen more 5.2% year to date.


It is worth noting that YTL’s share price has seen a 14-month decline since 2016, before surging almost 39% in early January this year to RM1.55, following the announcement of it landing the job to build the Gemas-Johor Baru double-track project.


Yesterday, YTL closed at RM1.43 a share, rising more than 9% after announcing its PDP role in the HSR project.


The JVs of Gamuda-MRCB and YTL-THP beat a formidable consortium involving IJM Corp Bhd


image: https://cdn.thestar.com.my/Themes/img/chart.png

and Sunway Construction Bhd for the PDP job.


IJM and Sunway partnered Maltimur Resources Sdn Bhd, a company linked to the influential Tan Sri Bustari Yusoff of Sarawak and Jalinan Rejang Sdn Bhd.


Maltimur Resources and Jalinan Rejang were the PDP for the Pan-Borneo Highway.


“YTL-THP started as underdogs when the bidding started.


“The strongest point was YTL’s link to SIPP in the Gemas-Johor Baru project,” said a contractor.


With the PDP for the civil works portion being settled, the other major portion of the HSR project that is yet to be dished out is the mandate for the company to handle the operations and rolling stock called Opco and AssetsCo. The tender has been opened and it would be decided jointly by MyHSR and its counterpart in Singapore.


Speculation is rife that YTL could be bidding for the job to handle the operations or what is known as the tender for OpCo.


Analysts had pointed out that the OpCo tender is relevant to YTL, given its experience in operating the 45%-owned ERL.


The ERL is a dedicated train service from Kl Sentral to KLIA and runs faster than normal trains.


Meanwhile, for the AssetCo, so far George Kent has formed a collaboration with Siemens, Alstom, Ferrovie dello Stato Italiane and the PORR group to tender for the job. Another contender for the AssetCo is MMC Corp Bhd


image: https://cdn.thestar.com.my/Themes/img/chart.png

that has formed a joint venture with a Japanese consortium.


Analysts estimate the AssetsCo tender, which closes in June, would comprise RM20bil of the overall RM60bil HSR cost.


UOB Kay Hian Malaysia Research estimates that the construction period for the civil work of the HSR project would take about 6½ years.


“Assuming the 2026 timeline is intact, contracts for civil construction works should be awarded the latest by 2019,” it says.


It adds that physical construction (subcontracting) works could benefit companies such as Gabungan AQRS, WCT Holdings, Econpile, Ahmad Zaki, Muhibbah Engineering, Gadang and TSR Capital.









Read more at https://www.thestar.com.my/business/business-news/2018/04/07/ytl-corp-pulls-off-surprise/#lLqDFTisoeppScfi.99









Don't 'bring down' government, trust the royal family: Johor crown prince








image: data:image/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw== File photo of the Johor Crown Prince. (Photo: AFP/Mohd Rasfan)


















image: data:image/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw==








By Sumisha Naidu @SumishaCNA



08 Apr 2018 11:01AM (Updated: 08 Apr 2018 11:24AM)

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KUALA LUMPUR: The Crown Prince of Malaysian battleground state Johor, Tunku Ismail Sultan Ibrahim, has told his people not to be deceived by the opposition and a "forked-tongue individual" but to instead trust the influential royal family to "guide" the government, in a statement posted on Facebook on Saturday (Apr 7) night ahead of looming polls.


"HM Sultan of Johor and I have agendas and plans. Our main agenda is the state of Johor, but how we reach Putrajaya, we can’t disclose to all of you as it is private and confidential.


"I do not (support) any political party, but in order to change a country’s fate and improve the system, it is not by bringing down a government. We need to change it from the inside," he wrote.


"Our neighboring countries and I believe that if a ship has been sailing fine for many years but has an issue due to its skipper, do not fix it with a new engine. We stay on the same ship and guide the skipper to where we want to go. That’s all I’m sharing with the people. But the people of Johor must believe in the vision of HM Sultan of Johor and I."









The Crown Prince also slammed the opposition and its pick for interim Prime Minister, Dr Mahathir Mohamad, who held a rally in Pasir Gudang, Johor on Friday night, where it also launched a manifesto for the state.





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Johor is the birthplace of Prime Minister Najib Razak's party UMNO and the state has been under Barisan Nasional rule since independence.


The opposition, is aiming to wrest control of Johor in elections that must be held within weeks - or at least loosen the ruling coalition's grip on it.


The statement, however, indicates Dr Mahathir, does not have the support of the Johor Sultan and his family - considered to be some of the most influential people in the nation.


"Do not be easily manipulated into believing whatever you heard last night in Pasir Gudang," wrote the Crown Prince.


"Johor state will never forget that individual who tried to disband the Johor Military Force (JMF) an organisation that has stood since 1886 and that same time, dreaming of diminishing the Sultan's power, belittling our constitution that has been here since before the inception of the country called Malaysia."


"I hope the people are not easily fooled by a forked tongue individual. At the moment he is not trying to save the country, he is more worried of what will happen to his children in the future."


Tensions between Dr Mahathir and the royal family have dated back to when the veteran politician introduced laws that curbed royal powers and stripped them of legal immunity during his 22 years as prime minister.


Last year, a new conflict was ignited when Dr Mahathir criticised the Chinese-backed multi-billion dollar Forest City project in Johor.


Source: CNA/mn






Tagged Topics





Read more at https://www.channelnewsasia.com/news/asia/don-t-bring-down-government-trust-the-royal-family-johor-crown-10115998

Saturday, April 7, 2018

Red Granite,Riza Aziz USD60 Million settlement makes Mummy Rosmah prime target for the prosecution, anywhere

by Ganesh Sahathevan






The Red Granite and Riza Aziz 1MDB settlement raises fresh questions about Rosmah Mansor's role in the 1MDB theft.Readers will recall from the story below that it was Riza Aziz's lawyers who by design or accident pointed the finger of blame for that theft at the First Lady Of Malaysia.


While the Red Granite- 1MDB settlement does not include an admission of  guilt, it does involve a massive settlement :

The company behind the 2013 film, “The Wolf of Wall Street”, agreed to pay the United States government $60 million to settle a civil lawsuit that sought to seize assets allegedly bought with money stolen from a Malaysian state fund.

END


References






Thursday, May 18, 2017

Rosmah Mansor's role in 1MDB theft emerging : Riza Aziz's lawyers make statements that point finger at Mummy

by Ganesh Sahathevan




In his statement challenging the US Department Of Justice's seizure of assets in his name,Riza Aziz, son of Rosmah Mansor and step-son of PM Najib says via his lawyers: 


Mr Aziz claimed ownership of the entities in his 2012 US tax return, and properly disclosed the transfer of funds ( $94,500,000.00 )from Aabar-BVI to Red Granite Capital Limited. Those funds, according to the Complaint, were reported as a gift under US tax law, and Mr Aziz, after discussion among his accountants and business manager, obtained a letter documenting the gift, signed by the CEO of Aabar (Mohamad Al- Husseiny).


“Nothing in the Complaint alleges that Mr Aziz …. knew that Aabar-BVI was unaffiliated with Aabar or IPIC”

Accepting the above statements, it follows that Riza Aziz honestly believed that he was being gifted some USD 95 million by , ultimately, the Abu Dhabi government  , based on a personal relationship. 
Al- Husseiny's letter that Riza relies on states:

This letter is intended to confirm that the transfer of $94,500,000.00 which consisted of a wire transfer on June 18, 2012 to BSI Bank, Ltd. (account number [XXX]250A) for the benefit of Riza Aziz was intended as a gift. The transfer was made for no consideration and no services were performed or gift received for assets. This was a gratuitous transfer made with detached and disinterested generosity based on our close personal relationship.


The DOJ argues that Riza must have known that the transfer had nothing to do with the IPIC and the government of Abu Dhabi, but Riza insists otherwise.
Taking him at his word, and given that the basis of that "gift" was a "personal relationship", an alternative and one suspects unintended picture emerges; that the  "gift" was granted if not instigated by Riza's mother,Rosmah Mansor, who we have been told time and time again has close personal friendships in the Middle East.These are some of what has been reported in Malaysia:


Rosmah uses Saudi prince’s RM7mil present for charity
Rosmah seeks assistance of Egyptian president’s wife to free M’sian student

Our students safely home thanks to FLOM



At this point is it important, indeed vital , to remember that Riza claims he received close to a hundred million as a gift from IPIC, a sovereign wealth fund(SWF).This is unlike the claim made by his step-father, PM Najib, who claims a "donation" of USD 681 million was given him by the Saudi King or some close relative, in a personal capacity. SWFs are not normally in the habit of making multi-million dollar gifts to private individuals out of love and affection, and in the case of IPIC, reporting obligations to the LSE would have made such generosity very highly unlikely.
Be that as it may, accepting him at his word, it becomes clear that if the government of Abu Dhabi had a personal relationship, it was with Rosmah rather than  Riza. 

Consequently, it follows that if a gift was in fact granted by that government, it would have been to her, or at her instigation.
However, at or around the time of this gift making, the Malaysian Government via 1MDB was making payments to Aabar and IPIC, of some USD 1 billion.As the Opposition MP Tony Pua explains it, these transactions resulted in significant losses to 1MDB.

Therefore, even if that  USD 94.5 million was a gift from Aabar, it was extended during a time when Aabar and IPIC  received over a billion from the Malaysian Government.
If a "personal relationship" was the basis of that gift,then it is more likely than not that  Rosmah's "gift" was actually  a bribe for what was clearly a very profitable series of transactions in IPIC's favour,  This is  the conclusion one would reach based on Riza Aziz's own statement of claim.

1MDB bears the ultimate cost of that bribe, and in that sense it is not different from theft.
END 






References 





How 1MDB's Money Went Missing Through The Aabar Power Purchase Deals

How 1MDB's Money Went 

Missing Through The 

Aabar Power Purchase Deals

Tony Pua MP
Tony Pua MP
While the man responsible for 1MDB’s investment decisions hangs out in New York, DAP’s Tony Pua has queried the emergence of some astonishing figures.
Out of the US$3.5 billion raised by the fund through its so-called power purchase bonds, he says it can now be seen that  1MDB walked away with with a deficit of US$649 million!
The bonds were raised through a co-guarantee by Abu Dhabi’s Aabar subsidiary of the IPIC sovereign wealth fund, which Pua and others have pointed out was totally unnecessary and has turned out to be ruinously costly.
As Pua point out:
“This means that the wholly-owned Ministry of Finance subsidiary ended up with less cash than it had after it took the loan!”
Pua bases his calculations on information that has now become available about what were highly secretive deals to raise money for the ‘development’ fund, which it has now been confirmed is run entirely under the personal management of the Prime Minister.
The power purchase bonds of 2012 were the second of three major money raising ventures by 1MDB, which all ended up losing money rather than driving investments as promised.
PetroSaudi drill boat, but what did 1MDB get from the deal?
PetroSaudi drill boat, but what did 1MDB get from the deal?
The first had been the joint venture with PetroSaudi, into which 1MDB poured some US$1.9 billion, all of which it can now be demonstrated was siphoned away from the public fund.
The Prime Minister cum Finance Minister has nevertheless persisted in maintaining that 1MDB sold out its ‘interest’ in the PetroSaudi venture for a handsome profit to a third party (who has mysteriously remained anonymous) and that the proceeds (alleged to be US$2.3 billion) were stashed in a shadowy and anonymous Cayman Islands fund.
But these claims have proved hollow.
After 1MDB announced under pressure that it had ‘moved the cash’ from the Caymans to an account at BSI bank in Singapore, Sarawak Report published a statement by Singapore regulators that there was in fact no actual money in the account, merely undetermined paper assets.
1MDB have been forced to acknowledge the statement was true.
Indeed, it is perfectly clear from the records obtained by Sarawak Report from PetroSaudi that all the money had long since gone to Jho Low’s company Good Star, the buy out of UBG bank and also to pay off PetroSaudi.

Power purchase “loan sharks”

The money involved in the two separate power purchase deals is an even more staggering amount – two bonds of US$1.75 billion raised a total of US$3.5 billion, allegedly to invest in buying up power stations.
However, Pua has now analysed the records to reveal that so much of the money raised was allegedly spent on payments that by the end of the process 1MDB in fact ended up owing more than the US$3.5 billion raised in the first place.
First, he says 1MDB paid a staggering US$300 million to Goldman Sachs as “certain commissions, fees and expenses” for arranging the bonds.
Second, 1MDB allegedly placed US$1.4 billion as collateral with the Aabar parent fund IPIC (Abu Dhabi’s sovereign wealth fund), however this money was never registered as having been received by IPIC, who have now queried Najib about where it is.
Third certain ‘options’ had been granted to Aabar as part of the guarantee deal, which 1MDB then set about terminating at enormous expense. The accounting records show, says Pua, that 1MDB first paid US$993 million (supposedly sourced from the money supposed to be in the Cayman island account).
Then 1MDB paid another US$975 million borrowed from a Deutsche Bank led consortium towards the same end.
To top it all, the MP points out, 1MDB still owes IPIC US$481 million as at 31 Dec 2014.
This adds up to a deficit on the money borrowed of US$649 million.
No wonder, observes Pua, that the beleaguered fund is now struggling under mammoth debts, if it engaged in such “loan shark” borrowing:
“Why would 1MDB borrow so much money, causing RM15.4 billion of indebtedness based on today’s exchange rates, when 1MDB effectively doesn’t get to use any of the funds raised?”
Pua makes plain that he divines the answer to his own question:
“Anyone who can count will be able to see that there are some serious criminal shenanigans which took place with the above bond arrangement.”
he posits and he adds that in his view the recorded option repayments of US$993 million and US$975 million were no more than
“a fraudulent round-tripping exercise”
Of course, the third major example of a massive 1MDB bond deal from which money ‘leaked’ was the 2013 ‘strategic partnership’ plan, again with Aabar, for which Najib Razak hastily raised another US$3 billion just before the last election.
The money was billed as being raised for the Tun Razak Exchange, but by the end of year accounts it was registered that a whopping US$1.4 billion of that had already been spent on unspecified ‘working capital and debt repayments’.
Shortly afterwards, Sarawak Report has pointed out, the mystery US$681 million popped into Najib’s personal account in order, he has admitted, to fund additional (and illegal) election ‘expenses’.
Najib Razak may prefer to jet around on the world stage in his personal jumbo than to provide explanations for these astonishing figures.
In fact, he has appeared to favour political solutions to his economic problems, involving locking up critics on unspecified grounds of ‘sabotage’ as opposed to providing answers, which makes Mr Pua a brave politician, even if he is protected by solid and recorded factual evidence.
See his press release below:
Media Statement by Tony Pua, DAP National Publicity Secretary and Member of Parliament for Petaling Jaya Utara in Kuala Lumpur on Monday28 September 2015:
Dato’ Seri Najib Razak must answer if he had authorized the outrageous “loan shark” guarantee arrangement with International Petroleum Investment Corporation (IPIC) for 1MDB’s US$3.5 billion of bonds in 2012
Last week, the Wall Street Journal (WSJ) shed light on US$993 million which was allegedly paid to International Petroleum Investment Corporation (IPIC) by 1MDB to buy back the latter’s options have not been properly accounted for.  The above payment was not reflected in the audited accounts of IPIC.  Instead, IPIC’s books showed that 1MDB still owes an additional US$481 million to the former for the termination of the options as at December 2014.
These options were granted to IPIC’s subsidiary, Aabar Investment PJS in 2012 to acquire up to 49% of its two energy subsidiaries, Powertek Investment Holdings and 1MDB Energy (Langat) Sdn Bhd as part of the condition for the provision of a guarantee by IPIC for US$3.5 billion of 1MDB bonds.
The above exposé brought to surface a puzzling situation where:
  1. 1MDB borrowed US$3.5 billion guaranteed by IPIC.
  1. 1MDB paid approximately US$300 million to Goldman Sachs as “certain commissions, fees and expenses” for arranging the above bonds.[1] [2]
  1. 1MDB placed US$1.4 billion “refundable deposit” as collateral with IPIC.[3]
  1. 1MDB terminated the options granted to IPIC or its subsidiary, Aabar Investment and paid as compensation:
a. US$993 million sourced from the November 2014 US$1.22 billion redemption from 1MDB’s Cayman Island investment.[4]
b. US$975 million borrowed from a Deutsche Bank led consortium[5] [6]
c. 1MDB still owe IPIC US$481 million as at 31 Dec 2014[7]
Based on the above known facts, after deducting (1) US$3.5 billion with (2), (3) and (4), 1MDB actually ended up with a deficit of US$649 million!  This means that the wholly-owned Ministry of Finance subsidiary ended up with less cash than it had after it took the loan!
How absolutely bizarre can you get?  Why would 1MDB borrow so much money, causing RM15.4 billion of indebtedness based on today’s exchange rates, when 1MDB effectively doesn’t get to use any of the funds raised?
Even in the event that 4(a) and 4(b) was a fraudulent round-tripping exercise as I had questioned in my statement last week, removing the US$975 million Deutsche Bank loan from the equation does not make the situation much prettier.
It would only mean that although 1MDB borrowed US$3.5 billion, it had effectively access to only US$326 million or less than 10% of the funds raised.  Anyone who can count will be able to see that there are some serious criminal shenanigans which took place with the above bond arrangement.
The question now is whether the Prime Minister, who is also the Finance Minister, Dato’ Seri Najib Razak gave his written approval for the above outrageous loan transaction, as required under 1MDB’s Memorandum and Articles of Association (M&A).  Clause 117 of the M&A dictates that the Prime Minister must give his “written approval” for any of 1MDB’s deals, including the firm’s investments or any bid for restructuring.
This includes “any financial commitment (including investment), restructuring or any other matter which is likely to affect the guarantee given by the Federal Government of Malaysia for the benefit of the company, national interest, national security or any policy of the Federal Government of Malaysia”.
If Dato’ Seri Najib Razak did not provide the written approval for the above bond issuance, then the Board of Directors of 1MDB must be taken to task for breaching the mandate given to them.  
However, if the Prime Minister has granted his written approval, he must immediately explain to the nation why he agreed to such unbelievably stupid and dumbfounding terms of the US$3.5 billion bond issues which have contributed in substantially to the financial crisis in 1MDB today.
Tony Pua