Thursday, July 9, 2020

ANZ sacks Singapore based Head Of Global Credit Bogac Ozedemir, for criticising China: Sacking adds to ANZ's complicity in Malaysia's 1MDB theft & the attempted cover-up by Chinese Government companies

by Ganesh Sahathevan

David Gonski AC with Gladys BerejiklianANZ Chairman David Gonski and NSW Premier Gladys Berejiklian



The following has been reported in The Telegraph (UK): 


Bogac Ozdemir,a top trader and star performer with Australia’s ANZ bank.....was the Global Head of Rates and Credit at the Singapore office of ANZ – one of the largest Australian banks and one of the country’s biggest companies. Their most profitable individual trader, Ozdemir was promoted rapidly. He made hundreds of millions of dollars for the bank and its shareholders, and turned around unprofitable departments.

However, his star performance was not enough to save him from the rage of the CCP when in a post on LinkedIn discussing the approach of different governments to coronavirus in March 2020 he said, ““I don’t want to say anything about China because we are all in this mess because of China and I don’t believe anything from there.”

ANZ, apparently unfamiliar with Chinese government information warfare tactics or simply lacking the strength to stand by its employee, meekly threw their top performer under the bus. They issued a statement declaring that Ozdemir’s comments “showed a distinct lack of judgement”, pledging “a full inquiry” and effectively publicly buying into Chinese disinformation by branding him a racist too in asserting that “ANZ promotes a culture of respect and multiculturalism and the comment was clearly not in keeping with our standards.” Ozdemir was asked to remove the LinkedIn post and placed on “special leave”, with rumours circling in the financial world that he has been fired.


That ANZ should go to such extremes to keep the Communist Party China happy even as it withdraws from former CEO Mike Smith's Asian Expansion, is incomprehensible but it does raise further questions about the extent of ANZ's involvement in Malaysia's 1MDB theft. As readers will be aware, the Chinese Government played an active part in former PM Najib Razak's attempted cover-up of that theft. Najib's private banking account at the ANZ managed AmBank was Ground Zero of that theft.

TO BE READ WITH 


ALSO FROM SARAWAK REPORT 

Deafening Silence Out Of Australia Over 1MDB's Connection To Top Bank ANZ

Today the Bloomberg news service released details from Malaysian investigations into a matter long suspected by observers of the 1MDB scandal, namely hanky panky surrounding the original bonds raised in May 2009 by AmBank to launch the fund’s forerunner the Terengganu Investment Authority (TIA).
Those bonds worth RM5 billion ($1.2 billion) were originally sold by the sovereign fund at a considerable discount of 13%, despite an usually attractive high rate of interest.  That meant a considerable loss to the fund and many have questioned whether intermediaries had stood to benefit.
The advisor to the fund was PM Najib Razak’s proxy Jho Low and today’s leaked information to Bloomberg has apparently confirmed an extraordinary pattern of dealmaking by AmBank on the bonds that enabled Jho to skim a whopping $126 million from the fund out of those sales.
Thanks to close orchestration by a number of parties, which appears to have included banking officials, 3.8billion ringgit of the original TIA notes were sold to a Thai company called Country Group Securities at a discounted rate of 87 ringgit for 100 (the remainder of the issue was bought by a Singapore company and the bank itself at the same discount rate).
Yet, within 24 hours all these bonds had been resold by those parties for a fat profit, according to documents obtained by investigators.  AmBank apparently assisted in arranging those instant resales for 100 ringgit to 105 ringgit to local investors.
Following which, lo and behold, Country Group issued a third-party transfer instruction to AmBank to pay $113 million of the windfall to a Singapore company named ACME Time, which Sarawak Report has already identified as being under the control of Jho Low through his proxy Eric Tan.  A further $12.6 million was paid to ACME Time in July 2009.
AmBank, which had bought RM500 million of the bonds at the same discount was also in position to have made a similar huge sum, which must certainly have generated good bonuses. RM700 million went to the Singapore company.
So, unless the Bloomberg story is entirely false, despite providing the most likely explanation for the strange pattern of sales, AmBank was involved every step of the way and also involved in the profiteering. It makes its position every bit as awkward as that of Goldman Sachs, which performed a similar role during the later bond issues by 1MDB leading to investigations by the FBI leading to criminal charges from Malaysia as well.

ANZ Bank Is Largest Shareholder of AmBank

This is not the only embarrassing 1MDB related matter that has entangled AmBank. The bank was also the key player in the buy out of UBG by a bogus subsidiary of 1MDB’s first bogus joint venture partner, oil firm PetroSaudi thereby netting healthy profits for Jho again, who had invested in the Chief Minister of Sarawak’s family company.
During that sale Sarawak Report has detailed how faced with political pressure the bankers involved overlooked time and again glaring irregularities, including the fact that the so-called PetroSaudi subsidiary that was allegedly buying UBG was in fact an entirely separate bogus off-shore company trading off an identical name.
None of this could have escaped the scrutiny of the hierachy of AmBank in KL, particularly given the massive sums involved. These were the top deals at the bank at the time. And it is this fact that demands an investigation and explanation from the Australian financial regulators known as  ASIC, because the majority shareholder of AmBank is the leading Australian bank ANZ.
Sarawak Report has already pointed out along with others that all the top ranking officials stationed to managed AmBank in KL were on secondment from ANZ’s Sydney headquarters, a matter advertised as a badge of strong managment by the then Head of ANZ, Mike Smith, who had presided over the expansion of ANZ into Southeast Asia.
Mike Smith, like Goldman Sach’s Lloyd Blankfein, surprised many by taking an early departure from his Chief Executive’s post, just as the 1MDB issue started to hot up around his bank. A number of other key Australian executives have also moved on to greater things, including the former AmBank Chief Financial Officer, who has taken up a leading job in another financial group. The AmBank CEO of the time Ashok Ramamurthy relocated back to Sydney early.
However, despite persistent and compelling information that all such senior officials in KL along with ANZ’s own top brass had to have known about the massive transactions and also the huge sums that later poured into Najib’s own personal account at AmBank, there has been no announcement of an official enquiry by ASIC or investigations into malpractice.
Mike Smith’s successor as CEO Shayne Elliott told Australian MPs when questioned that ANZ’s seconded staff in KL had no duty to report back to ANZ or apparent duty to maintain standards of due diligence, despite ANZ’s largest single 20% shareholding in the bank:
“Once those employees are seconded there, they essentially sever their ties with ANZ almost 100 per cent,”
That claim by the bank’s head honcho was made in October 2016, since when the full nature of the scandal has become increasingly and unavoidably clear. Other banks have been investigated, punished, fined by different regulators and Goldman has apologised and admitted money was misappropriated from the bonds it raised.
Sarawak Report has also showed that ANZ’s own PR has contradicted the claim about the severing of ties:
Not so 'severed' after all!
“Mr Ramamurthy will also report to ANZ” – not so ‘severed’ after all!
The Australian prime minister at the time of the 1MDB misappropriations, Tony Abbott, tweeted his disappointment that Najib Razak (whom he described as a ‘good friend to Australia’) was defeated on May 9th.
However, Abbott’s successors ought to wake up to the fact that matters have moved on and slowly and inexorably investigators from the new government of Malaysia are turning up the details of exactly what happened at AmBank during the course of the 1MDB scandal.
That looks likely to include ANZ’s role in the affair and in any cover-up conducted by the Australian bank, including failures – deliberate or otherwise – on the part of the Australian regulators.
END 



SEE ALSO 

More 1MDB embarrassment: DOJ finds USD 700 Million yacht, one of the largest in the world, purchased in part with 1MDB money, missed by Guan Eng, Tony Pua , PwC and friends

by Ganesh Sahathevan



As reported by Leslie Lopez of Singapore's Strait Times:

In a stunning, but little-noticed, disclosure last week, the US Department of Justice (DOJ) stated that the superyacht, Topaz, estimated to be valued at US$688 million (S$956 million) and ranked as the seventh-largest in the world, was purchased in part with funds that were traceable to the 1MDB bribery and money-laundering scandal.

The financing details of the luxury motor yacht - that has since been renamed The A+ - were contained in a DOJ filing on June 30 to a federal court in California.


Here again is another instance where despite DOJ doing much of the work,and despite being in power for close to two years, the former Finance Minister Lim Guan Eng and his political secretary Tony Pua, as well the advisors they appointed, including PwC, did nothing. 

TO BE READ WITH 

PwC and 1MDB: The Southern Bank takeover suggests PwC does not have the skills for this job;and has itself caught in (another) conflict of interest




PwC is Goldman Sachs' auditor; ;PwC appointed by the Malaysian Govt to examine Goldman Sachs 1MDB transactions



SEE ALSO 

Sunday, May 17, 2020

Public exchanges between AG Idris Harun & predecessor Tommy Thomas raise even more questions about Malaysia's 1MDB investigation and prosecution of Najib Razak: Crucial evidence of the paper trail seems to have been ignored, and nothing done to investigate and recover 1MDB funds

by Ganesh Sahathevan


                                                                   
           Why were Riza Aziz's offer of a plea bargain even considered? Why has not more been done to recover all and any assets he might have that can be traced back to 1MDB money


In the latest chapter of the public debate between Malaysia's current Attorney General Idris Harun and his predecessor Tommy Thomas, Thomas has said in a second press release issued on 18 May 2020: 

I took into account the benefits of the AMLA Act 2001 when I decided

 to charge Riza Aziz in July 2019 with 5 money laundering offences punishable under Section 4(1) of that Act for receiving proceeds of unlawful activities, between April 2011 and November 2012, totalling USD248 million of monies belonging to 1MDB. I was satisfied that the prosecution had a very strong case to establish the ingredients of the offencesThe documentary trail was substantial and highly credible.


Tan Sri Idrus states that “Malaysia is expected to recover approximately USD108 million”. With the greatest of respect, this is a red herring. By personal diplomacy, we established strong relations with DOJ after I took office. They have returned billions of ringgit, and more monies may be released in future by DOJ. The purpose of prosecuting Riza was not to strengthen our chances of securing monies from DOJ. DOJ would have rettourned(sic) these monies in any event because it belongs to Malaysia and was stolen from Malaysia. Riza is not offering to pay any new money or monies from any source other than DOJ seized assets. The USD108 million, would in any event be returned by DOJ to Malaysia. Thus, Riza is unnecessarily getting credit for returning monies that are not his. Hence, it is a sweetheart deal for Riza but terrible for Malaysia.



Readers are reminded that the paper trail with regards Riza Aziz begins in Malaysia and from 1MDB. The paper trial can be deconstructed into two or three separate phases, the first phase being the initial theft from 1MDB for which Najib Razak has been charged and is being tried. 

However, the prosecution in the Najib Razak SRC and 1MDB trials have never made any reference to a clear paper trail, relying instead on a galaxy of witnesses to prove their point. 
Despite the fact that the DOJ had done much of the work in establishing the paper trail and seizing the assets DOJ officers were never called as witnesses, and their investigation papers never entered into evidence.  
If the prosecution had a very strong case against Riza, then the case against Najib should be by definition and in relative terms, open ans shut, concluded a long time ago.This has clearly not been the case and instead the public has been kept entertained by defense counsel Shafee Abdullah's playing the trial judges for fools, almost literally like performing dogs.
It was not his fault that he did so but that of the prosecution who seemed unable to present a precise, clear line of attack.

Additionally, it does appear from Thomas's press statement that the Malaysian Government seemed uninterested in pursuing any investigation of its own, happy instead to rely on the DOJ's work. This is curious, for the best evidence was always going to be in Malaysia, and out of the DOJ's reach. As this writer pointed out last year:

PM Mahathir need only look to AMMB and ANZ in his quest to recovers all monies stolen by Jho Low-More on what else Malaysia should do, but is not ....



The above suggests that there is something very wrong at the Attorney General's Chambers, and this was evident as early as 31 January 2020 while Thomas was still AG. Despite the stated objective of seeking a custodial sentence with significant penalties against Riza, Deputy Public Prosecutor Norzilati Izhani Zainal informed Sessions Court judge Rozina Ayob on that date that the AGC was considering Riza's representation's submitted to the AGC on 18 November 2019. From what we now know of the representation, the AGC ought to have rejected it without further consideration. Thomas has said as much in his latest press release.
Are we to believe DPP 
Norzilati Izhani Zainal was off on a frolic of
her own? 

END 

TO BE READ WITH 
Press Release Dated 18 May 2020 Issued By Former Attorney General Tommy Thomas


1. As I have been mentioned on numerous occasions in the media release issued yesterday by my successor, Tan Sri Idrus bin Harun, I have to put the record straight a second time.

2. I took into account the benefits of the AMLA Act 2001 when I decided to charge Riza Aziz in July 2019 with 5 money laundering offences punishable under Section 4(1) of that Act for receiving proceeds of unlawful activities, between April 2011 and November 2012, totalling USD248 million of monies belonging to 1MDB. I was satisfied that the prosecution had a very strong case to establish the ingredients of the offences. The documentary trail was substantial and highly credible. Upon conviction, the prosecution would have invited the trial judge to impose a sentence commensurate with the severity of the offences, the maximum being 15 years for each charge. But more significantly, the criminal court is given power by Parliament to additionally impose a penalty up to 5 times the amount involved in the unlawful activities, that is 5 times USD248 million, which would work out to some USD1.2 billion. We would have sought this sum upon his conviction.

3. As Public Prosecutor, I personally decided to prosecute about 25 cases. In each of these cases, I was briefed by MACC or the police and DPPs. I probed deeply. My decision-making process took time. From my trial experience, evidence gathering continues from initiation of proceedings until completion of trial. Only when I was satisfied that the prosecution could secure a conviction, did I make the decision to prosecute. It was always a deliberate and properly analysed decision. That same rigour was brought to the decision to prosecute Riza. In none of these 25 odd cases, did I consider favourably a request by any accused to settle on such terribly poor terms to the prosecution. That would have called into question the wisdom and integrity of my decision to prosecute in the first place.

4. In paragraph 2 of Tan Sri Idrus’s media release, reference is made to a minute I made on 19 November 2019 to Datuk Seri Gopal Sri Ram on the letter dated 18 November 2019 from Riza’s solicitors. That indeed was my style. After having read that letter, I wrote a couple of words or sentences to him. I have no access to the original letter with my handwriting. Because of this handicap, I cannot comment on it.

5. What is abundantly clear is that I did not make any decision in relation to Riza’s representation up to the date of my resignation, 28 February 2020. A decision of this importance involving billions of ringgit and significant public interest would be made by me in writing. I did not, and none exist.

6. With regard to communications with the 2 major actors, my successor and Datuk Seri Gopal Sri Ram, the position is as follows. I have not communicated with Tan Sri Idrus since 28 February 2020. This is not unusual. I did not communicate with my predecessor during my tenure. I spoke on a couple of occasions with Datuk Seri Gopal Sri Ram over the telephone between 28 February and 14 May 2020, but this subject was never raised by him. Hence after my resignation, I was kept in the dark on this and all other matters.

7. In Paragraph 3 of the media release, Tan Sri Idrus states that “Malaysia is expected to recover approximately USD108 million”. With the greatest of respect, this is a red herring. By personal diplomacy, we established strong relations with DOJ after I took office. They have returned billions of ringgit, and more monies may be released in future by DOJ. The purpose of prosecuting Riza was not to strengthen our chances of securing monies from DOJ. DOJ would have returned these monies in any event because it belongs to Malaysia and was stolen from Malaysia. Riza is not offering to pay any new money or monies from any source other than DOJ seized assets. The USD108 million, would in any event be returned by DOJ to Malaysia. Thus, Riza is unnecessarily getting credit for returning monies that are not his. Hence, it is a sweetheart deal for Riza but terrible for Malaysia.

8. Finally, even the timing of Riza’s DNAA is bizarre. In both civil and criminal proceedings which proceed to trial, a plaintiff or the prosecution loses substantial leverage over the adverse party if it withdraws court proceeding before the terms of settlement are completely performed. This is elementary. Hence, one needs to question why Riza has been given a DNAA so prematurely.

9. Since Tan Sri Idrus is at pains to emphasize the weight he gave to my so called ‘agreement in principle’ (which itself is a fiction), let me state publicly that I would have never sanctioned this deal. I would have lost all credibility in the eyes of the people of Malaysia whom I endeavoured to serve as public prosecutor to the best of my ability, honestly and professionally if I had approved it. I would have betrayed the trust the Prime Minister and the PH government had reposed in me.

Tan Sri Tommy Thomas
18 May 2020

Dept Of Defence decision that Malaysia was not at war with CCP backed communist terrorists in the 70s, 80s may explain Australian Govt defence, intelligence failure in Malaysia, South China Sea- Boosting FPDA work in the South China Sea deserves a chunk of Morrison's $270 Billion defence gift

by Ganesh Sahathevan


                                                           SEA bathymetry by                                                                                                                                   Katsuto UEHARA


It has been previously reported on this blog that  Australia has chosen to ignore the role Malaysia can play in the defence of the South China Sea :


China reaches into Malaysia,ASEAN to build defence ties while Australia ignores Mahathir's attempts to containChina-Is the Anwar obsession , Mahathir hatred,getting in the way?


This writer has also wondered why ASIO and ASIS seem intent on ignoring the lessons learnt in Malaysia fighting Chinese  Communist Party backed Communist Terrorist: 


To the above can be added this account of how the Department Of Defence determined, despite the evidence that is obvious to anyone who had lived in Malaysia in the 70s and 80s, that Malaysia was not at war with the China backed Communist Terrorist during that time:

The Vietnam war was raging and Ubon played a part in it, just as Butterworth did. Ubon had RAAF Airfield Defence Guards (ADGs) protecting the airbase, just as the Army did at Butterworth. But herein lies the rub – the ADGs at Ubon were recognised as being on war service whereas the troops protecting the air base at Butterworth were not.

From 1970 – 1989 when the peace treaty between the government of Malaysia and the Communist terrorists was signed, Malaysia was at war. It was a civil war, or an insurgency. Call it what you will. I’m sure the families of the 150+ Malay soldiers and police who were killed in combat believe they were at war.
In the period that the ADGs protected Ubon, Thailand was at peace. From a comparative perspective why would the guys deployed to Ubon be considered on war service and those deployed to Butterworth not?
If you print out the raw primary data on A4 pages and stack them on the floor, the pile stands over a metre high. The secondary data and anecdotal evidence each stands a similar height. It contains 123 formerly secret documents and one top secret document. Yet, in the face of all that irrefutable evidence, the Australian Department of Defence, DVA, government and public service deny that the Second Malayan Emergency ever took place and what the 9,000 soldiers did was akin to anything they would have done in Australia.
It does appear as if public service , and in particular Department Of Defence inertia is at play. Once a determination has been made nothing must be allowed to disturb it, regardless of the detriment to the national interest.
Clearly, things must change. Intelligence on Chinese Communist Party operations in South East Asia and the South China Sea must be reviewed. That review is likely to lead to the conclusion that some if not a significant portion of PM Scott Morrison's $ 270 Billion gift to the defence budget ought to be allocated to strengthening Australia's work within the Five Power Defence Agreement, principally in the South China Sea.
END 



Muddy Waters Research wants China-based issuers to be subject to better scrutiny by the SEC: Will ASIC be proactive and adapt MW's proposals

by Ganesh Sahathevan


Muddy Waters' letter to Chairman Clayton regarding China-based issuers, including a proposal for reforming audit quality of their financials. I will reference portions of this in this morning's round table beginning at 10 am






Wednesday, July 8, 2020

PM Morrisson suspends HK extradition treaty but Zhu Minshen's HK listed Top Group will soon produce its first Australian admitted lawyers: Chief Justice Tom Bathurst & AG Speakman still silent about dealings with Zhu & Top Group

by Ganesh Sahathevan


                          Ambassador Cheng Jingye Pays an Official Visit to the State of New                           South Wales   (2016/08/16)


As reported by Nine and others: 

Australia has formally suspended its extradition agreement with Hong Kong and the Chinese authorities.
Prime Minister Scott Morrison said new national security laws brought in by China represented a "fundamental change of circumstances" for many governments around the world.
Mr Morrison has shared a strong view of new legislation in Hong Kong that could see citizens deported to China for prosecution.
"In our view - and this is not just our view, it's a shared view of many countries - that it undermines the One Country, Two Systems framework, and Hong Kong's own basic law and the high degree of autonomy guaranteed in the Sino-British Joint Declaration that was set out there," Mr Morrison said.

Meanwhile, the entry of China based Australian admitted lawyers into the Australian legal system remains on course:

How will the Australia's legal establishment deal with the coming surge of China based Chinese lawyers admitted to practise in NSW: Zhu Minshen's license to issue law degrees in the context of ASPI report detailing China infiltration of Australian politics, business





SEE ALSO 


Monday, February 24, 2020

ASIO chief Mike Burgess warning about spies & academia puts NSW LPAB, its Chairman Tom Bathurst & AG Speakman's Zhu Minshen & Top Group decision in further doubt: Community standards require Chairman ,senior officers of the NSW LPAB to provide explanation

by Ganesh Sahathevan


From Mike Burgess, Director General ASIO:

"We’ve seen visiting scientists and academics ingratiating themselves into university life with the aim of conducting clandestine intelligence collection. This strikes at the very heart of our notions of free and fair academic exchange.


“Espionage and foreign interference are affecting parts of the community that they did not touch during the cold war.
"And the intent is to engineer fundamental shifts in Australia’s position in the world, not just to collect intelligence or use us as a potential ‘back-door’ into our allies and partners,” he said.


These types of threats are well known even if not previously obvious in Australia.
Despite that fact the Chairman of the LPAB, the Chief Justice Of NSW Tom Bathurst ,and the Attorney General of NSW Mark Speakman ,who oversees the NSW LPAB granted and then renewed a "one and only" license to issue  LLBs to Zhu Minshen and his Top Education Group Ltd, despite the adverse publicity (see story below).

The Chief Justice and AG owe the public an explanation. 

END 




Did the Law Council Australia and the NSW LPAB ignore ASIO advice in granting Zhu Minshen the right to grant LLB degrees, and entree into Australia's legal system?

by Ganesh Sahathevan
Hon George Brandis




AAP reported in November 2019:

Retired ASIO chief Duncan Lewis has accused the Chinese government of using 'insidious' foreign interference operations to 'take over' Australia's political system.
Anyone in political office could be a target, the former spy chief told the political journal Quarterly Essay in an interview to be published next week.
Mr Lewis claimed Chinese authorities were trying to 'place themselves in a position of advantage' by in political, social, business and media circles, The Sydney Morning Herald reported on Friday, citing the interview.

Despite that warning, the NSW LPAB renewed Zhu Minshen's  right to grant LLB degrees, and entree into Australia's legal system:



In fact, questions about Zhu Minshen were raised by the former Commonwealth Attorney General George Brandis as early as 2016:


Former AG George Brandis raised questions about Zhu Minshen and Top Education Group which remain unanswered, but Zhu and Top are today even more entrenched in the NSW and Australian legal system, thanks to the NSW LPAB and its chairman the CJ NSW, and the AG NSW


Despite all of the above, the Law Council Australia as well as NSW LPAB seem determined to continue supporting Zhu and Top Group:


Zhu Minshen's new Chinese website says the Law Council of Australia "officially approved" Top Education Instituter's application to issue law degrees

The NSW LPAB and Law Council Australia may  attempt  to deflect questions about all of the above by asserting that they are not required by law to seek the advice of ASIO when determining who may or many not grant law degrees in Australia. If they did, and even if the answer is legally correct, it would demonstrate poor judgment; entree into the legal system is always a matter of national security:

“....perhaps the only accredited degree program in Australia that counts agitating for a foreign power towards its qualifications": Why the Law Soc Australia & NSW LPAB's business with Zhu Minshen is a matter of national security


END