Sunday, December 24, 2017

A connection between money from 1MDB, an Obama fund raiser ,and the Democrats-All within the ambit of Trump's new Executive Order

By Ganesh Sahathevan


Two stories published in Sarawak Report (copied and pasted below) have new meaning when read in the context of the preamble to  President Trump's new Executive Order :

"........the prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States........ have reached such scope and gravity that they threaten the stability of international political and economic system.

I therefore determine that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and I hereby declare a national emergency to deal with that threat.

Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in,




1MDB Sleaze Casts Shadow Over US Democrats On Eve Of Obama Visit - INVESTIGATION

1MDB Sleaze Casts Shadow Over US Democrats On Eve Of Obama Visit - INVESTIGATION

Governor of Virginia Terry McAuliffe received US$25,000 for his 2013  campaign
Governor of Virginia Terry McAuliffe received US$25,000 for his 2013 campaign
Money paid by 1MDB to the US company DuSable Capital Management, tasked with lobbying US Government support for its Kedah solar panel project, found its way into the the 2013/14 election campaigns of at least 7 Democrat candidates, according to official filings.
Substantial sums were paid, including US$25,000 to the Governorship campaign of Virginia’s Terry McAuliffe in late 2013 and US$5,200 each to three candidates for the Senate in 2014, Mark Begich, Michelle Nunn and Dick Durbin.
Dick Durbin is currently the Democrat Party’s minority Whip in the Senate, making him a powerful political figure.
DuSable is headed by Frank White, who was President Obama’s chief fundraiser during his  own election campaign in 2012 and known as a Democrat Party stalwart.
In 2013 he announced his decision to enter the Private Equity business, making him, according to Bloomberg one of “a small group of money managers founded by former political figures and public officials, who have sought to parlay their connections to invest in industries that rely on direct or indirect government support”.
Senate Whip Dick Durban - Campaign received US$5,200
Senate Whip Dick Durban – Campaign received US$5,200
So far, the only registered client has turned out to be 1MDB and the Government of Malaysia.  This raises possible questions over indirect funding to American election campaigns by Malaysia in expectation of gaining influence, although it is not illegal for US registered companies to support candidates.
DuSable later declared multiple roles in its capacity as foreign agent, including consulting for the 1MDB solar project; raising investment for a related energy development partnership and lobbying to obtain US government ‘non-financial support’ for these ventures.
A statement to the US Department of Justice Foreign Agent Registration Unit in 2014 confirmed that DuSable received US$506,079 from the “Government of Malaysia” on 28th October 2013 for the purpose of a “joint venture partnership reimbursement for [a] solar investment project in Malaysia”.
The form adds:
“DuSable undertakes various purely commercial activities related to its business that may indirectly benefit the Government of Malaysia insofar as 1MDB is a partner in the solar project in Malaysia”
This role included, according to earlier filings, “to communicate with US government officials to encourage the US government to provide non-financial support for the [solar power] project”
Why this solar panel project in Kedah would be in need of US Government support remains unclear.
Persistent questions - Wong Chen
Persistent questions – Wong Chen
Even stranger, earlier this month Prime Minister Najib Razak had stated that there had been no Malaysian Government joint venture with DuSable.
In the face of opposition bafflement, expressed by PKR spokesman Wong Chen, this claim was ‘clarified’ last week through a joint statement by 1MDB and DuSable, which admitted details of the relationship and of a stunning US$69 million pay off made to a fund managed by DuSable, named Yurus, which had obtained a 49% partnership in 1MDB’s solar energy ‘Master Joint Venture’.
It means, that as the 1MDB scandal unravels, even the ruling US Democrat party now finds itself, on the eve of Obama’s visit, potentially tainted by the spreading sleaze of Malaysia’s graft crisis.
Submitted April 2014
DuSable’s FARA filing submitted April 2014

Yurus/DuSable – how Obama lobbyist got caught up with 1MDB 

Sarawak Report has researched 1MDB’s as yet unrealised solar power venture and spoken to informed private equity experts about the unusual developments surrounding Frank White’s sudden entry into their highly specialised business.  This includes that extraordinary pay out by 1MDB of US$69 million (RM300 million) to buy out a joint venture project that had done nothing.
As one informed observer, who prefers to remain anonymous, summarised:
“For some reason, which we don’t know, 1MDB wanted the Yurus Fund, managed by Frank White, to make a US$70 million profit in Malaysia”
Malaysians might think there could be better uses for a fund employing borrowed public money in the name of development, which ended up some US$12 billion in the red.
From zero funds to US$505m under management - then US$70 million boost, before cashing out at US70m
Yurus’ fund base went from zero to US$505m under management – then a US$70 million boost after the share sale, before cashing out ..
The crucial evidence from the records available (illustrated above) shows that the Private Equity fund Yurus, set up by White, registered the entire US$69 million it received from 1MDB as additional profit, implying it had not invested any of its original US$505 million fund in the venture.
Sarawak Report can also reveal that the fund then filed for closure in July this year with a total stated remaining capital of US$76 million, the lion’s share of which would therefore appear to comprise the payment from 1MDB.
DuSable sold and exited before financing and construction
DuSable sold and exited before financing and construction
Fund managers say this appears to confirm that the entire joint venture investment was yet again a merely paper exercise by 1MDB, which Sarawak Report has already exposed for earlier channelling US$1.83 billion into a non-existent venture with the company PetroSaudi.  Most of that ‘investment’ ended up in the bank accounts of 1MDBadvisor Jho Low.
The Yurus fund was incorporated by White in October 2013, who thereby launched himself as a totally inexperienced Private Equity manager through his company DuSable, which had itself been incorporated just a few months earlier on 9th May 2013.
Emmanuel Guyot, the solar expert brought in from existing German solar projects in the region?
Emmanuel Guyot, the solar expert brought in from existing German solar projects in the region?
Research shows that DuSable’s first contract had been to act as a consultant and lobbyist for the Kedah solar power plant on behalf of the Government of Malaysia and 1MDB, for which it registered as a Foreign Agent in September 2013 and received payment of US$506,079 in October 2013, under the auspices of what it called a joint venture with 1MDB.
Sure enough, five months later on 18th March 2014, the Malaysian Government awarded 1MDB permission to undertake a solar development project. According the last week’s joint statement by 1MDB and DuSable, a ‘Master Joint Venture’ was then signed between Yuros and 1MDB 11th April to develop solar power projects and the following day a subsidiary was set up to develop the Kedah plant.

Contracts for influence?

Observers believe that this sequence of events indicates that proposals made to 1MDB by green energy experts already actively promoting projects in the region appear for some reason to have taken up by 1MDB and linked into a relationship with the Obama lobbying contact Frank White.
In July 2013 the German solar power company Conergy had folded and the same month the Singapore based Vice President, Emmanuel Guyot, joined DuSable.
“There was perhaps a US$100,000 or so feasibility contract to be had scoping for the solar power project in Kedah – $200,000 tops. That leaves US$300,000 fat in that contract to DuSable that needs explained” one investment expert told Sarawak Report.
It would therefore appear that Frank White, who had formerly sold out his own IT support company before going into political campaigning, was not only attracted into consulting and lobbying on the project, but was at the same time drawn into setting up the massive Yurus fund, financed at least in part by Aabar.
Boom, boom, boom - instant half billion dollar fund commitment for rookie firm!
Boom, boom, boom – instant half billion dollar fund commitment for rookie firm!
Insiders say the sequence went with lightening speed for a totally new start up.
DuSable registered as a foreign agent on the 26th of September 2013.
Yurus was incorporated days later at the start October.  The rookie fund then went on to announce its first commitment of a massive single fund injection of US$505,000 million just a fortnight later on October 17th from two investors, one of which is said by the Wall Street Journal to have been the Abu Dhabi based Aabar fund.
A week after that, on October 28th DuSable received its separate consultancy payment of US$505,079 from 1MDB.
Fugee
Fugee singer Pras Michael
Sarawak Report and other media have, if course, documented numerous apparent irregularities surrounding the management of Aabar, over the past few months, which is believed to have lost some US$50 billion under the management of its now sacked former Chairman Khadem al Qubaisi.
Many of these irregularities have also been linked to 1MDB, whose unpaid debts Aabar is currently committed to covering until June of 2016.
Private Equity professionals have told Sarawak Report that the success of a brand new company like DuSable, comprising three employees with no direct experience in private equity, in achieving a first capital commitment of US$505 million caused considerable surprise within the industry.
Frank White’s partner at DuSable is a former hedge fund executive and fellow political campaigner Shomik Dutta and his co-owner at Yurus is none other than another political friend, the well-known Fugees singer Pras (Prakazrel) Michel.
“It’s a very fast take off. They set up at DuSable, then immediately set up a Private Equity fund and then to immediately get US$500 million under management straight off the blocks is a very good take-off for guys who have never raised a fund before and have no background in Private Equity… to give this kind of money to people who have proven track records as great investors, it’s believable, but there is nothing in his [Frank White’s] background that says he’s a Private Equity investor. You expect a team of really experienced guys, plus number crunchers and an industry expert like Emmanuel [Guyot].. but when you see that lot their common element is that all have been involved not in investments but campaigns… it doesn’t sound at all like a Private Equity firm, it sounds like a lobbying firm” a private equity professional told Sarawak Report.
In which case, it is reasonable to ask why did 1MDB and Aabar engage in this joint venture and investment partnership, once again risking Malaysia’s public money not on experts with track records, but on politically connected Americans close to the newly re-elected President?

Pay out!

What seems clear is that no sooner had Yurus and DuSable set up shop with their shiny new joint venture and investment commitment of US$505 million, then things started to fold.
On October 2nd 2014, less than six months after the signing of the joint venture (and two weeks after Sarawak Report exposed Frank White’s involvement with 1MDB) Malaysia’s development fund are recorded as having bought out the Yurus 49% interest for a whopping US$69 million.
DuSable has registered the ‘termination’ of its foreign agent relationship with the Government of Malaysia from the same date.  The company explained in its Foreign Agent filing to the Department of Justice:
“On October 2, 2014 the private equity fund managed by DuSable entered into an agreement to sell its joint venture interest in the solar project to 1MDB in anticipation of an initial public offereing of 1MDB’s energy assets. Proceeds of that sale have been and will be distributed to DuSable and its limited partners pursuant to the fund’s subscription agreement and other agreements with the limited partners….
DuSable has continued to take steps to promote itself, Malaysia, and Malaysia-related business opportunities in order to develop additional business for DuSable, but those efforts have not borne fruit to date… DuSable has sold its interest in the solar project on which it sought non-financial support from the US government”
It now emerges that not only has the Yurus 1MDB Master Joint Venture project folded.  According to a filing to America’s Securities and Exchange Commission by DuSable on 22nd July this year, the entire half billion dollar fund was also dissolved on 30th June.
Yurus has been dissolved according to DuSable
Yurus was dissolved in June according to DuSable, just as Aabar was under-going its own upheavals, including the bail out of 1MDB
The filings indicate that in fact none of the money that was originally committed to this private equity vehicle by its beneficiaries was ever actually invested by the managers at DuSable.
This is made clear by the final filing on Yurus to the SEC, which shows that the remaining value in the fund is in fact merely US$76 million, little more than the pay out from the 1MDB joint venture, into which plainly nothing was ever invested by Yurus.
DuSable's remaining worth indicates the main profit came from the payment from 1MDB for the aborted Joint venture
DuSable’s remaining worth indicates the main profit came from the payment from 1MDB for the aborted Joint venture
Malaysian opposition politicians have queried the sudden disappearance of the apparent US$505,000 dollar fund – the answer appears to be that it was a discretionary amount, committed but never invested by DuSable and therefore no longer at the disposal of the defunct Yurus venture.
IPIC /Aabar's accounts should indicate the answers on where this money went
IPIC /Aabar’s accounts should indicate the answers on where this money went

Who benefits from 1MDB’s latest money loss?

The evidence shows that a six month joint venture with a Private Equity super-fund that fizzled out after just one year realised a US$70 million profit out of 1MDB plus over half a million in consultancy fees, without evidence of any investment or progress in the proposed solar panel project in Kedah.
No statement yet of profits
No statement yet of profits to the SEC
That profit, minus fees, will accrue to the investors, one of which is believed to be Aabar, minus the management fees claimed by DuSable.  DuSable’s latest filings say that its statement of fees is suspended pending the sale of the asset funds.
However, experts in Private Equity management assess that the firm ought to expect to realise around 2% in terms of annual management fee and then around 18% of performance fee on the profit realised from the US$69 million realised from the joint venture share sale to 1MDB.
“We can guess they [DuSable] get to keep a maximum of US$14 million of that sum”
calculates an industry insider, based on the profit made out of 1MDB.
It means that, although their dreams of private equity may have fallen through after just one year, President Obama’s political friends can console themselves with a fine profit for their sparse consultancy work on a project that never took off for 1MDB and their lobbying work as a foreign agent for the Government of Malaysia.
Najib Razak boasted of his 'facetime' playing golf with the US President, but how much did that cost Malaysia ?
Najib Razak boasted of his ‘facetime’ playing golf with the US President, but how much did that cost Malaysia ?
The hidden beneficiaries of Yurus have also made tens of millions without investing a single cent.
It is an episode that raises several concerns about Obama’s relations with Najib Razak – concerns that the President may not have been aware of as he accepted the suggestion of playing golf with Malaysia’s Prime Minister, just weeks after Yurus received its pay out and several of his candidates for Senate had received a helping hand in the 2014 autumn elections.
TIMELINE:
09/05/13 – DuSable is incorporated Delaware
17/06/13  – Pantoll Energy (major recipient of payments from DuSable) incorporated Delaware
26/09/13 – DuSable registers as a foreign agent citing Government of Malaysia/1MDB JV
29/09/13 – Mark Begich senate campaign receives $5,200 from DuSable
29/09/13 – Michelle Nunn senate campaign receives $5,200 from DuSable
01/10/13 – Yurus fund incorporated in Delaware by Pras Michael and Frank White
17/10/13 – Yurus announces US$505 million fund commitment by two anonymous investors
28/10/13 – DuSable receives US$506,079 payment from 1MDB
06/01/14 – $25,000 received by Terry McAuliffe Governor Campaign in Virginia
24/01/14 – Keven Strouse receives $500 for Senator campaign
01/03/14 – Don Beyer receives $500 for Senator campaign
01/03/14 – Ro Khanna receives $500 for Senator campaign
21/03/14 – Dick Durbin, Democrat whip, receives $5,200 for Senator Campaign
18/03/14 – 1MDB awarded solar project from Malaysian Government
11/04/14 – ‘Master JVA’ formed between Yurus and 1MDB
12/04/14 – ‘subsidiary’ power project launched for solar plant in Kedah
30/04/14 – DuSable registers continuing foreign agent role for Gov of Malaysia
24/09/14 – Sarawak Report cites connection between DuSable’s Frank White and Obama
02/10/14 – Joint Venture is terminated with a payment of US$69m to Yurus for 49% share
02/10/14 – DuSable registered having ‘terminated’ role as a foreign agent for Gov Malaysia
30/04/15 – DuSable enters new status with DOJ – further ventures had “not born fruit”
30/06/15 – Yurus dissolved
22/07/15 – DuSable files winding up of Yurus, profits and fees pending sale of fund assets









Obama Needs A Longer Spoon To Dine With Najib Razak

Obama Needs A Longer Spoon To Dine With Najib Razak

Perkasa extremists came from nowhere.  How come? They are well funded and supported by the PM's office.
Perkasa extremists came from nowhere. How come? They are well funded and supported by the PM’s office.
President Obama made a rousing speech against religious bigotry at the UN on Wednesday.
He made clear that trends such as those developing in Malaysia, where non-Muslims are being increasingly treated as unequal and liberal thinkers as enemies of society by leading figures, provides a dangerous source of instability in a world trying to fight off violent extremist organisations, which feed off such attitudes.
And the President made the point that such intolerance is not provoked by genuine religious teaching, but by political motives:
The following extract from Obama’s speech contains the strongest possible indictment of the kind of rabble rousing currently being indulged by BN/UMNO politicians and Malaysian government funded extremist NGOS:
“It is no exaggeration to say that humanity’s future depends on us uniting against those who would divide us along fault lines of tribe or sect; race or religion.
…It is the task of all great religions to accommodate devout faith with a modern, multicultural world. No children – anywhere – should be educated to hate other people. There should be no more tolerance of so-called clerics who call upon people to harm innocents because they are Jewish, Christian or Muslim. It is time for a new compact among the civilized peoples of this world to eradicate war at its most fundamental source: the corruption of young minds by violent ideology.
That means cutting off the funding that fuels this hate. It’s time to end the hypocrisy of those who accumulate wealth through the global economy, and then siphon funds to those who teach children to tear it down.
…listen to the Imam who said, “Politics try to divide the religious in our country, but religion shouldn’t be a cause of hate, war, or strife.” [Barak Obama UN Speech 24/09]
Yet, Mr Obama, who had received Najib Razak and his wife Rosmah only days before in Washington, is currently ignoring the fact that this Malaysian PM and people close to him in government are openly descending to these very same divisive tactics for their own political reasons in Malaysia.
Rosmah 'Queens it' in Washington..
Rosmah ‘Queens it’ in Washington..
So, before they cosy with Najib too far, the President’s advisors would do well to consider if they are relying on a sanitised version of current events in Malaysia, thanks to the usual expensive PR and the British public school delivery of the posh patrician PM himself?
Najib can talk about progressive liberalism and his wife can talk about education for the poor, but the US Embassy in KL cannot ignore the dash for repression being undertaken by his failing regime, which has decided to stir up the very religious and sectarian hatred that Obama rightly deplores.
All this. in a politically motivated attempt to brand his opponents as anti-Muslim or anti-Malay supremacist, in order to claw back support based on nationalism and hate.

‘Vibrant Entrepreneurship’!

Despite these blatant tactics by UMNO, which have been condemned by human rights and civil society organisations across the world, Obama in this very same UN speech attempted to put forward Malaysia as a progressive Muslim state, rather than one which is moving backwards towards oppression and violence.
Even so, the President chose an interesting positive quality to link with Malaysia.  He avoided referring to matters of religious and racial harmony, which he said distinguished for example Senegal and Tunisia, but instead praised Malaysia’s “vibrant entrepreneurship”:
“Positive change need not come at the expense of tradition and faith. We see this in Iraq, where a young man started a library for his peers… We see it in Tunisia, where secular and Islamist parties worked together through a political process to produce a new constitution. We see it in Senegal, where civil society thrives alongside a strong, democratic government. We see it in Malaysia, where vibrant entrepreneurship is propelling a former colony into the ranks of advanced economies. And we see it in Indonesia, where what began as a violent transition has evolved into a genuine democracy.”
Such carefully chosen praise may well indicate that the democratic deficit and Malaysia’s plummeting religious and racial harmony has indeed registered in Washington after all.
On the other hand the concept of “vibrant entrepreneurship” in Malaysia is no less of a thorny issue.
After all, few countries in the world are so beset with the deadening hand of political corruption or as unequal in the fair distribution of the profits from the country’s resources.
As everyone in Malaysia knows, money is certainly being splashed around on enterprises, but it is public money on so-called public enterprises, but where the profits almost invariably and entirely end up in the private hands of the same small oligarchy who run BN.
There is no greater example currently of this state of affairs than the burgeoning scandal of 1MDB – the secretive ‘sovereign wealth fund’ started by Najib that has so far run up a public debt of some RM38billion, which appears largely invested in schemes of dubious benefit and limited accountability.
Mr Obama should be wary of being linked to 1MDB, either directly or indirectly, or appearing to praise Malaysia’s “vibrant entrepreneurship” while being so linked.  Because, 1MDB does not represent the kind of entrepreneurship that is approved of in democratic and law abiding circles associated with Mr Obama.

Obama fundraiser’s link with 1MDB

Frank White - DuSable's Capital Management CEO and Obama's chief political fundraiser is 1MDB's latest JV partner
Frank White – DuSable’s Capital Management CEO and Obama’s chief political fundraiser is 1MDB’s latest JV partner
Nevertheless, recent investment news reveals that President Obama’s own key fundraiser, Frank White, has indeed joined with IMDB in its latest grandiose and eye-wateringly expensive power project, funded by public borrowing and, of course, sanctioned by the fund’s Advisory Board Chairman, the PM and Finance Minister, Najib Razak.
The project in question is the so-called 1MDB Solar Sdn Bhd’s solar photovoltaic (solar PV) plant in Kedah, projected to create 50MW of power, thanks to a handy power purchase agreement with the government, fixed behind closed doors as usual.
In May of this year it was announced that 1MDB’s joint venture partners in this deal would be Malaysia’s Tenaga Energy and the US company DuSable Capital Management, which is run by Obama’s chief fundraiser Frank White.
Frank White has a successful career history investing in energy focused infrastructure projects and has been identified as an entrepreneur, who has sought to exploit his political experience by the Washington media.
So far, apparently so good.
However, politically connected Americans doing business with 1MDB ought surely to sup with a very long spoon with a fund that has raised so many questions on accountability and transparency in Malaysia and which is also raising questions across the global money markets?
Valid objections have already been raised by opposition politicians, but not answered.
For example, the cost of this IMDB solar power project has been valued at RM1billion.  Yet, observers have begun pointing out that the Norwegians are building a plant in Ghana for the same capacity at an estimated less than a third of the cost, at around RM300million.
The Star - features another similar project. Rival solar power providers in Malaysia stand to be squeezed out by this preferential deal for 1MDB
The Star – features another similar project. Rival solar power providers in Malaysia stand to be squeezed out by this preferential deal for 1MDB
Najib Razak has demonstrated a pattern of seeking to link 1MDB ventures with key connected figures in wealthy states such as Saudi Arabia and Abu Dhabi, giving the appearance of official state joint partnerships, which have not always existed in practice.
So, it is no surprise that a business leader, who is so intimately well-connected with the US President himself, should be welcomed into this, 1MDB’s latest ‘joint venture’ into solar energy.
But, when Mr Obama next refers to Malaysia’s “vibrant entrepreneurship” he might do better to disassociate himself more clearly from the activities of his fundraiser in a country, where such public projects are so characteristically clouded in mystery, opaqueness and massive over-spending that can never be adequately explained.
Instead, it was Mr Obama himself who agreed to ratify the 1MDB solar project during Najib’s recent trip to the United States and then to promote Malaysia’s “vibrant entrepreneurship” in his speech to the UN so soon after!




Saturday, December 23, 2017

Trump's power to seize assets are SEPARATE from the DOJ: Arul Kanda comes within its scope,as Jeff Sessions had warned

by Ganesh Sahathevan

US President Donald Trump's Executive Order which gives him new powers to seize assets are separate from and independent of the Department of Justice's asset seizures pursuant to its kleptocracy initiative.
The President's powers are derived from the  International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA) which is mentioned in the President's EO.  50 USC 1701's  heading alone explains what it is all about:

50 U.S. Code § 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities


Coming back then to what US AG Jeff Sessions said about 1MDB officials:

In total, 1MDB officials allegedly laundered more than $4.5 billion in funds through a complex web of opaque transactions and fraudulent shell companies with bank accounts in countries ranging from Switzerland and Singapore to Luxembourg and the United States.  This is kleptocracy at its worst.

And given that the Executive Order includes a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in the misappropriation of state assets, the EO can  obviously include one Arul Kanda Kandsamy, given the findings of the Public Accounts Committee







END


References 




Friday, December 22, 2017


Trump announces new powers to seize assets of corrupt leaders,after AG Jeff Sessions declares 1MDB "is kleptocracy at its worst".



by Ganesh Sahathevan



US Attorney General Jeff Sessions:


In total, 1MDB officials allegedly laundered more than $4.5 billion in funds through a complex web of opaque transactions and fraudulent shell companies with bank accounts in countries ranging from Switzerland and Singapore to Luxembourg and the United States. This is kleptocracy at its worst.
 "........the prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States........ have reached such scope and gravity that they threaten the stability of international political and economic system.

I therefore determine that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and I hereby declare a national emergency to deal with that threat.



Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:


END



How Arul Kanda Lied To The 1MDB Board About 'Cash In The Bank' - EXCLUSIVE!

How Arul Kanda Lied To The 1MDB Board About 'Cash In The Bank' - EXCLUSIVE!

Special meeting of 1MDB Board to handle a growing crisis in January
Special meeting of 1MDB Board to handle a growing crisis in January
Sarawak Report has obtained minutes of a 1MDB board meeting, which prove that CEO Arul Kanda’s claim about ‘cash in the bank’ at BSI Singapore was not an unfortunate ‘miscommunication‘, but part of a deliberate strategy of misinformation.
In other words, it was a bare-faced and extended lie.
Bank Negara Malaysia is plainly aware of this state of affairs, given its statement challenging the Attorney General’s attempts to close down investigations into 1MDB over the past few hours.  It raises further concerns over the refusal by Najib’s inner circle to accept that billions were stolen, triggering an unprecedented cover-up by Malaysia’s desperate development fund.

Sorry I ‘miscommunicated’

In April Sarawak Report produced evidence from the Singapore authorities showing there was in fact no ‘cash’ in 1MDB’s BSI bank account.
It forced Kanda to make a series of retractions over parliamentary statements by the Minister of Finance, Najib Razak, claiming that US$1.103 billion, supposedly redeemed “in cash” from the PetroSaudi joint venture, had been paid into BSI Bank, Singapore.
“As the president of the company, I take full responsibility for this misunderstanding, and will ensure better communication with all stakeholders,” [Arul Kanda}
Kanda “clarified” that the assets held at BSI were in the form of ‘units’, which Sarawak Report has established are categorised as ‘level 3′, meaning there is no guarantee as to their actual worth (if any).
Yet we have now obtained minutes from an earlier board meeting in January, which make plain that the new CEO had given detailed assurances to Board members that there was indeed ‘cash’ in the so-called Brazen Sky company account at BSI bank.
Arul Kanda even gave a highly unbelievable excuse as to why, instead of using these alleged cash funds, 1MDB was borrowing even more money to cover its pressing expenses.  This was in response to concerns by the Chairman, Lodin Wok Kamaruddin, that the management had publicly promised to repatriate the money and then failed to do so:
'held as cash' - failure to clearly communicate or a straight lie?
‘held as cash’ – failure to clearly communicate or a straight lie?

Why we can’t ‘repatriate’ the cash

Oversight issues - Lodin Wok Kamaruddin
Oversight issues – Lodin Wok Kamaruddin
According to the above minutes, Arul Kanda’s excuse for not repatriating the ‘cash’ was that it had to be retained in the bank in Singapore in order to guarantee yet another loan by Deutsche Bank.
Board members had just acknowledged that 1MDB was experiencing serious cash flow and credibility problems, just as the company was planning to try and get out of its difficulties by issuing shares on the stock market.
And Lodin Wok Kamaruddin wanted to know why the management had failed to carry out its pledge to use the alleged remainder of the Cayman Island (Brazen Sky) fund, which was supposed to contain the ‘profits’ from the investment into PetroSaudi back in 2009-12.
Why not bring back the money board members asked?
Why not bring back the money board members asked?
Time to use the Brazen Sky fund made up of the 'profits' from PetroSaudi!
Time to use the Brazen Sky fund made up of the ‘profits’ from PetroSaudi!
Arul Kanda’s answer is not only barely credible under the circumstances, it shows a double deception that could only have been intended.
The CEO had told his bemused board members that Deutsche Bank was preventing him from repatriating the money, because they were demanding that he keep the Singapore cash account as collateral for another almost identical sum of US$975 million they had loaned to 1MDB.
Surely, it was nonsensical to keep money in the bank to guarantee the borrowing of a virtually identical amount, especially when the ‘high financing costs’ had become a key concern at the fund?
So, this was not a communication slip by Kanda, it was a positive, detailed claim that the assets were being held in cash, giving the reason that the lending bank consortium would accept nothing less to guarantee their further loan.
There is another strange issue thrown up by these January minutes. In public statements 1MDB had claimed there was US$1.103 billion in the BSI Brazen Sky account, yet Kanda  informed the Board there was only US$939 million – over a hundred million less.
It appears that no one on the board saw fit to raise a query over such obvious matters.
Yet, Sarawak Report suggests there is only one credible explanation for all these twists and turns, which is that Kanda could not repatriate and use the alleged ‘cash’, because there was no cash.
There were merely level 3 assets representing ‘units’ of zero value in a fund managed by Hong Kong’s shadowy Bridge Partners based in the Cayman Islands.
That the Board accepted his feeble excuse that close to a billion dollars had to remain frozen in Singapore, in order to  guarantee a further billion dollar loan from Deutsche Bank, means either they were half-witted or they had decided to turn a blind eye to a desperate situation caused by blatant corrupted management of the fund.

Shahrol Halmi knew the truth

Sarawak Report suggests that the board members were not financially illiterate half-wits and that they knew full well that the fund had been mismanaged on their watch.
This is born out by further evidence from the leaked minutes in our possession, which show that the meeting began with complaints by board members that past decisions had not been made with the proper consent and oversight of the Board.
There was a resolution therefore to change procedures to ensure that in future all investment decisions would be properly considered.
After all, they were talking about billions of dollars of public money!
Poor oversight by the Board - so who was making all the investment decisions at 1MDB?
Poor oversight by the Board – so who was making all the investment decisions at 1MDB?
Now that we are RM42 billion in the red perhaps we should start doing things properly going forward?
Now that we are RM42 billion in the red perhaps we should start doing things properly going forward?
These resolutions and the willingness to nevertheless accept Arul Kanda’s barmy logic of leaving a billion in the bank to guarantee a further billion worth of borrowing, show a staggering level of negligence by a board that can only have known better.
 Shahrol Halmi - another liar who knew perfectly well!
Shahrol Halmi – another liar who knew perfectly well!
One individual, in particular, who can only have known better was a vocal member of the 1MDB board, whose comments are also registered in these revealing minutes of January 2015.
This was none other than the fund’s former Chief Executive, Shahrol Halmi, who knew exactly why there was no actual money in BSI’s Singapore accounts.
It was he, after all, who had presided over the theft of US$700 million from 1MDB back on day one of the so-called 1MDB PetroSaudi joint venture.  He had likewise signed off two further major ‘loans’ to PetroSaudi – US$500 million in September 2010 and then US$330 million that went straight from 1MDB into the Jho Low company Good Star Limited in 2011, according to documents obtained by Sarawak Report from the Bank Negara investigations into investments by the fund.
These payments total US$1.83 billion, which significantly represents the sum referred to by the Chief of Bank Negara Zeti Akhtar Aziz when she issued a damning statement on Thursday condemning the Attorney General’s refusal to issue proceedings against the theft and demanding that 1MDB should indeed repatriate the money.
Transfers from 1MDB to Jho Low's Good Star in 2011 under the guise of investing in a French energy initiative
Transfers from 1MDB to Jho Low’s Good Star in 2011 under the guise of investing in a French energy initiative
Yet Halmi had the bare-faced cheek to ask on behalf of the board for his successor Arul Kanda to “present the total amount received from the investment since 2009″!

No mystery

Sole shareholder and ultimate decision-make, the Minister of Finance
Sole shareholder and ultimate decision-make, the Minister of Finance
There is, of course, no longer any mystery as to where the PetroSaudi investment money went between 2009 and 2011 – and it did not end up in BSI bank!
It has been clearly demonstrated how there was nothing whatsoever ‘redeemed’ from the partnership in 2012 and therefore no money to ‘invest’ in a so-called Special Purpose Vehicle in the Caymans.
Documents, retrieved by Sarawak Report and now in the hands of several international financial regulators, make absolutely plain that all the money paid out from 1MDB’s alleged Saudi joint venture went to Jho Low’s Good Star Limited; the buy out of the UBG group (in which Jho Low had shares along with Taib Mahmud); pay offs to Jho Low’s co-conspirators at PetroSaudi International and injections of cash into PetroSaudi itself.
The eventual shadowy ‘sale’ of 1MDB’s so-called investment in PetroSaudi was therefore nothing more than a blatant sham.
Gone missing - Najib's 'advisor' Jho Low
Gone missing – Najib’s ‘advisor’ Jho Low
The third party ‘purchaser’ of this interest, who allegedly paid US$2.3 billion to 1MDB in 2012 (enabling Najib to trumpet that the fund had made a profit from the venture) was eventually revealed to be none other than the barely known Bridge Partners, an outfit based in Jho Low’s home base of Hong Kong.
1MDB then engaged the very same Bridge Partners themselves to purportedly manage the ‘cash fund’ in its ‘segregated portfolio account’ in the secretive Cayman Islands!
No wonder 1MDB subsequently found it impossible to persuade even its compliant auditors KPMG to sign off its 2013 company accounts. There were months of delay, during which then CEO, Shahrol Halmi, wrangled with a new team from Deloitte to sign off on the deal.
Khadem Al Qubaisi - headed the Abu Dhabi rescue bid that eventually plunged 1MDB further into debt
Khadem Al Qubaisi – headed the Abu Dhabi rescue bid that eventually plunged 1MDB further into debt
It has finally emerged that Deloitte finally agreed to ratify these painfully delayed accounts, only after Jho Low’s new best friends from Abu Dhabi’s Aabar fund agreed to place a guarantee on the value of the Cayman Island Brazen Sky account.
1MDB’s subsequent, hugely expensive dealings with Aabar itself saw the running up of further enormous and escalating debts through 2012 and 2013, as the fund sought to pay off its new friends from Abu Dhabi for their so-called assistance.
Once again Aabar/ IPIC has come in to temporarily rescue Malaysia’s beleaguered fund, while 1MDB’s sole shareholder and ultimate decision-maker (Najib Razak) seems hell bent on digging ever deeper holes in the Malaysian economy, purely in order to attemo to rescue his own political position.

Friday, December 22, 2017

Trump announces new powers to seize assets of corrupt leaders,after AG Jeff Sessions declares 1MDB "is kleptocracy at its worst".



by Ganesh Sahathevan



US Attorney General Jeff Sessions:


In total, 1MDB officials allegedly laundered more than $4.5 billion in funds through a complex web of opaque transactions and fraudulent shell companies with bank accounts in countries ranging from Switzerland and Singapore to Luxembourg and the United States. This is kleptocracy at its worst.
 "........the prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States........ have reached such scope and gravity that they threaten the stability of international political and economic system.

I therefore determine that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and I hereby declare a national emergency to deal with that threat.



Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:


END


Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption


LAW & JUSTICE

Issued on: December 21, 2017


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By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), the Global Magnitsky Human Rights Accountability Act (Public Law 114-328) (the “Act”), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that the prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, such as those committed or directed by persons listed in the Annex to this order, have reached such scope and gravity that they threaten the stability of international political and economic systems. Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons.

I therefore determine that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and I hereby declare a national emergency to deal with that threat.
I hereby determine and order:

Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:

(i) the persons listed in the Annex to this order;

(ii) any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General:

(A) to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse;

(B) to be a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in:

(1) corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or

(2) the transfer or the facilitation of the transfer of the proceeds of corruption;

(C) to be or have been a leader or official of:

(1) an entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section relating to the leader’s or official’s tenure; or

(2) an entity whose property and interests in property are blocked pursuant to this order as a result of activities related to the leader’s or official’s tenure; or

(D) to have attempted to engage in any of the activities described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section; and

(iii) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General:

(A) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of:

(1) any activity described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section that is conducted by a foreign person;

(2) any person whose property and interests in property are blocked pursuant to this order; or

(3) any entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section, where the activity is conducted by a foreign person;

(B) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order; or

(C) to have attempted to engage in any of the activities described in subsections (iii)(A) or (B) of this section.

(b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the effective date of this order.

Sec. 2. The unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 1 of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions).

Sec. 3. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1 of this order.

Sec. 4. The prohibitions in section 1 include:

(a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and

(b) the receipt of any contribution or provision of funds, goods, or services from any such person.

Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.

Sec. 6. For the purposes of this order:

(a) the term “person” means an individual or entity;

(b) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and

(c) the term “United States person” means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to this order.

Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA and the Act as may be necessary to implement this order and section 1263(a) of the Act with respect to the determinations provided for therein. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions to other officers and agencies of the United States. All agencies shall take all appropriate measures within their authority to implement this order.

Sec. 9. The Secretary of State is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA, the INA, and the Act as may be necessary to carry out section 2 of this order and, in consultation with the Secretary of the Treasury, the reporting requirement in section 1264(a) of the Act with respect to the reports provided for in section 1264(b)(2) of that Act. The Secretary of State may, consistent with applicable law, redelegate any of these functions to other officers and agencies of the United States consistent with applicable law.

Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, is hereby authorized to determine that circumstances no longer warrant the blocking of the property and interests in property of a person listed in the Annex to this order, and to take necessary action to give effect to that determination.

Sec. 11. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).

Sec. 12. This order is effective at 12:01 a.m., Eastern Standard Time, December 21, 2017.

Sec. 13. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
December 20, 2017.