Saturday, September 9, 2017

1MDB money laundering scheme that NZ Shewan Inquiry missed is now subject of FBI investigation-FBI fears for safety of witnesses

by Ganesh Sahathevan




Potential witnesses to the multi-billion dollar scandal at 1Malaysia Development Berhad (1MDB) are afraid to speak with U.S. investigators as they fear for their safety, the Federal Bureau of Investigation says.

Individuals otherwise willing to provide information on the case have also told investigators that they were afraid that they would “place the safety and security of both themselves and their families at serious risk”, according to a declaration in the filing by FBI agent special agent Robert Heuchling.

The agent said identifying witnesses could result in intimidation or threaten their safety, citing Malaysian news reports of local officials and politicians who have been arrested for purportedly disclosing information linked to 1MDB.

The agent cited Malaysian press reports from Aug 30 that said the driver of former Malaysian Attorney-General Abdul Gani Patail was shot in public as a possible warning against assisting the U.S government in the case.

Abdul Gani had led investigations on 1MDB until he was replaced in 2015.

See also 

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






EC
DEC24 2016
How did New Zealand's Shewan inquiry miss the Low family's 1MDB theft? 

by Ganesh Sahathevan

John Shewan
John Shewan is a tax and accounting veteran. Photo: SUPPLIED

In April 2016 the Government Of New Zealand apparently reacting to the Panama Papers expose,ordered an inquiry into its foreign trust regime.The inquiry was led by John Shewan (photo above) who submitted his report in June.Commenting on his work he said:

"There has been no direct evidence of illicit funds being hidden in New Zealand foreign trusts, or of tax abuse".

He arrived at this conclusion despite the fact that the billions stolen from Malaysia's 1MDB were hidden using a NZ trust.

In July 2016 the US Department of Justice filed its asset seizure writs against various assets worth USD 1 billion alleged to have been the acquired with funds stolen or otherwise misappropriated from 1MDB, by among others, Joh Low. It has since been revealed that the assets are held via trusts in New Zealand and the Cayman Islands, in which Joh Low and members of his family are beneficiaries. 

The US DOJ has described the 1MDB matter as the largest case of money laundering it has ever encountered. While its writs were filed in July,after the Shewan inquiry was submitted, Jho Low's theft was reported widely in Western and Asian media  since early 2015,and on an ongoing basis. By late 2015 the 1MDB theft was under investigation by regulatory authorities in the UK, US,Switzerland, Singapore and Hong Kong. It is hard to imagine that New Zealand authorities were unaware of the matter. Shewan's conclusion,that
"there has been no direct evidence of illicit funds being hidden in New Zealand foreign trusts", is perplexing. 
END 


References
 

Who is John Shewan?

11:48 am on 12 April 2016 
The government has appointed a veteran of the accounting and audit sector, John Shewan, to conduct an independent inquiry to check whether the rules covering New Zealand-based overseas trusts are fit for purpose or need improving.
The terms of reference include reviewing foreign trusts' disclosure rules on record-keeping, enforcement and the exchange of information with other tax jurisdictions, and Mr Shewan is to report back by June 30.

Who is John Shewan?
He graduated from Victoria University of Wellington with an honours degree in accountancy and started as a junior lecturer at the university in 1976.
The following year he joined leading accounting and audit firm Price Waterhouse (later to become Price Waterhouse Coopers or PwC).
He became one of the firm's leading tax practitioners, becoming a partner in 1984, and chairman of the New Zealand firm from 2003 to 2012, when he retired.
In mid-2012 he was appointed an adjunct professor of accountancy at Victoria University.

What is his government background ?

He has been appointed by Labour and National-led governments to official bodies looking into tax.
In 1988 he was appointed to the Tax Education Office, a position he held for nine years.
In 2009 he was appointed to the Tax Working Group, which was charged to advise the government on the broad design of the tax system. It said the tax system was broken and needed a significant revamp, including a land tax, closing of loopholes, a higher sales tax but lower income tax.

What is his link with business?

Since he left PwC, Mr Shewan has picked up several company directorships.
He is currently chair of the board of the manager of the Fonterra Shareholders' Fund.
He is also a director of Yealands Wines, the New Zealand branch of the China Construction Bank and Munich Reinsurance Australia.
He is an established commentator on tax and policy matters, and has been involved also in a number of high-profile tax cases.
He advised Westpac Bank in a dispute with the Inland Revenue Department (IRD) over the taxation of specialised funding structures. The bank, along with three other major Australian-owned banks, settled the cased by paying IRD $2.2 billion.
Mr Shewan was also an expert witness in a case involving two Christchurch surgeons, who paid themselves low salaries to minimise their tax bills after the top tax rate was raised in 2000. The courts set aside his evidence because it commented on legal issues outside of its scope.

Friday, September 8, 2017

Bag Man comes to The White House: In 2016 De Niro denied ever being in any Red Granite-Riza Aziz production-"It Never Happened"

by Ganesh Sahathevan



No automatic alt text available.
De Niro in Malaysia,23 July 2010


In August 2016 The Hollywood Report (THR) reported:

De Niro also confirms to THR he knew(Najib ) Razak and (Rosmah) Mansor, having met them "a couple of times," adding that there had been early talks for him to star in one of Aziz's films at Red Granite. "But it never happened."


This is strange, given his starring role in Red Granite and Riza's The Bag Man. As reported on this writer's related blog , the movie had a surprisingly low profile in the US,even in promotions, despite starring De Niro and John Cusack.

The LA Times review of the movie does reveal a hint of  art imitating life:


It begins with Dragna, De Niro's well-heeled mob type, cutting a bloody steak in a private jet while he proceeds to make Jack (Cusack) an offer he can't refuse: Pick up a bag, don't look inside, wait for Dragna to pick it up, get paid lots of bucks. Death, and dispensing it, seems to be the central theme of the film. It gives Cusack the chance to play a bad guy who is really good under all that short-tempered, punch-a-girl-if-I-have-to, kill-a-guy-if-I-must gruffness. Cusack makes Jack ever so slightly interesting.

(Rebecca) Da Costa plays Rivka, a long-tall Sally who is turning tricks until she figures out what she really wants to do with her life. At the moment she'd rather not die, and she's interested in the idea of being Jack's partner in crime.


De Niro visited Malaysia in July 2010, accepting a personal invitation from Rosmah Mansor.
Rosmah is expected to accompany Najib Razak when he visits the White House to meet with President Donald Trump on September 2012.

END


References


 

by Ganesh Sahathevan

The Bag Man is a Red Granite Movies production which is surprisingly excluded from its list of movies. This is surprising, given that the movie starred Robert De Niro and John Cusack.
Then again, it was a box office flop.Nevertheless, it did reasonably well in the UAE.






The Bag Man

Domestic Total Gross: $56,574
Distributor: Cinedigm EntertainmentRelease Date: February 28, 2014
Genre: Crime DramaRuntime: 1 hrs. 48 min.
MPAA Rating: RProduction Budget: N/A





Production Companies




The Bag Man
Domestic Release DateFeb 28, 2014
Production Budget
Opening Weekend Theaters2
Maximum Theaters15
Theatrical Engagements17
Domestic Opening Weekend$29,231
Domestic Box Office$56,574
Inflation Adjusted
Domestic Box Office
$59,893
International Box Office$80,697
Worldwide Box Office$137,271
Remove
Note: A theatrical engagement is defined as the movie playing in a single theater for one week. So, for example, a film that plays in 3,000 theaters in its first week and 2,000 theaters in its second week will have had 5,000 theatrical engagements.


View: BY COUNTRY | BY WEEKEND

Country
(click to view weekend breakdown)
Dist.Release
Date
Opening
Wknd
% of
Total
Total Gross / As Of
FOREIGN TOTAL-N/An/a-n/aN/A
Brazil-4/24/14$49,64567.8%$73,2725/4/14
IcelandMyndform3/14/14$608100%$6083/16/14
Lebanon-5/22/14$13,307100%$13,3075/25/14
Slovenia-3/13/14$3,11359.6%$5,2273/23/14
SpainUPI6/27/14$35,33344.2%$80,0227/13/14
Turkey-7/11/14$21,44840.3%$53,1597/20/14
United Arab EmiratesGulf5/1/14$117,91265.6%$179,6115/18/14
Riza 

Monday, September 4, 2017

Gift Of Million Dollar Watch From Malaysia Said To Be Missing From US State Department Register Of Gifts

by Ganesh Sahathevan





BVLGARI DIVA-Expensive, but not as expensive as the
custom made model believed to have been excluded from the records

A custom designed Bvlgari watch worth approximately USD 1 Million , said to have been presented as  a gift to a First Lady of the United States from the government and people of  Malaysia,appears  to be missing from the US State Department's register of gifts from foreign sources.

The only gift  from recent times that appears in that register is this:

Mrs. Michelle Obama, First Lady of the United States. Black silk dress with pink and white pattern. Gray-black dress with white and beige pattern and gemstones. Black kaftan with colorful sequins. Pink-red
songket fabric. Rec’d—4/27/2014
 Presented byy Datin Seri Hajah Rosmah binti Mansor, First Lady of Malaysia.

END 

References 

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