1Malaysia Development Berhad scandal

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The 1Malaysia Development Berhad Scandal is an ongoing political scandal occurring in Malaysia. In 2015, Malaysia's Prime Minister, Najib Tun Razak, was accused of channelling over RM2.67 billion (nearly USD 700 million) from 1MDB, a government-run strategic development company, to his personal bank accounts. The event triggered widespread criticisms among Malaysians, with many calling for Najib's resignation - including former Malaysian Prime Minister Tun Dr. Mahathir Mohamad. Opposition leader, Anwar Ibrahim, has openly questioned the credentials of 1MDB. He told Parliament that according to the records held by the companies commission, the company "has no business address and no appointed auditor."[1] 1MDB has an estimated $12 billion in debt, much in junk bonds. Some of this debt resulted from a $3 billion state-guaranteed 2013 bond issue led by Goldman Sachs, who is believed to have made as much as $300 million in fees from that deal alone, although it disputes this figure.[2] Conference of Rulers in Malaysia has called for the investigations by the government to be completed as soon as possible, saying that the issue is causing a crisis of confidence in Malaysia.[3][4]

Change of auditors and transparency[edit]

The RM425 million profit between 25 September 2009 and 31 March 2010 raised many criticisms and controversies on the lack of transparency given to 1MDB's accounts. Tony Pua, DAP Member of Parliament for Petaling Jaya Utara questioned Prime Minister Najib, 1MDB advisory board chairman, whether the figures were the result of an asset injection into 1MDB by the government such as the transfer of land rights to the company.[5][6]

During the October 2010 parliamentary session, 1MDB explained that its accounts had been fully audited and signed by KPMG, and closed as of 31 March 2010. Deloitte was involved in the valuation and analysis of the portfolio, while Ernst & Young provided tax advice for 1MDB.

1MDB raised attention by asking for a six-month extension on the annual report meant to be filed in with the CCM by 30 September 2013. In the meantime, the change of three auditors since its inception in 2009 was considered suspicious.[7][8] It also said that 1MDB has lodged the necessary information, including its registered address, with the Companies Commission of Malaysia as required by the law. The business address is also available on the company’s website, www.1mdb.com.my.

The Sungai Besi airport land transfer took place on June 2011 will be developed as Bandar Malaysia, a mixed integrated development of commercial, residential and hi-tech green environment.[9] There have been questions by the opposition regarding lack of progress on Bandar Malaysia even after 1MDB raised RM3.5 billion in loans and Islamic bonds to fund the project and take ownership of the land.[10][11]

On 7 September 2015 a member of the board of advisors to 1MDB Abdul Samad Alias resigned stating that he did so after his many requests for information on 1MDB affairs were ignored.[12][13]

Debts and rating downgrade[edit]

It was reported that 1MDB has accumulated debts totaling RM42 billion, causing the bonds issued by the fund to be downgraded to junk status by ratings agencies such as Standard and Poor and Fitch Ratings.[14][15][16] It was reported that the Malaysian cabinet had rejected a RM3 billion cash injection for 1MDB narrowing its options to pay off its debts on time.[17][18][19]

Email and newspaper exposes[edit]

It was reported by news portal Sarawak Report and British newspaper The Sunday Times using leaked email correspondences that Penang-based financier Jho Low, who has ties with Najib's stepson was able to siphon US$700 million from a joint venture deal between 1MDB and the leading oil exploration and production company PetroSaudi.[20][21][22] An email revealed that Jho Low had the loan approval from Prime Minister Najib for US$1 billion without getting any approval from Bank Negara.[23][24] Sarawak Report showed minutes of a meeting at 1MDB that CEO Arul Kanda gave out false bank statements pertaining to its subsidiary’s accounts at the Singapore branch of BSI Bank.[25][26]

It was claimed through a report by the Wall Street Journal that 1MDB made overpriced purchases of power assets in Malaysia through Genting Group in 2012. Genting then allegedly donated this money to a foundation controlled by Prime Minister Najib, who used these funds for election campaign purposes during the 2013 general elections.[27][28][29]

Further allegations were made by the Wall Street Journal that US$700 million were transferred from 1MDB and deposited in AmBank and Affin Bank accounts under Najib's name.[30][31] A task forced that was tasked to investigate these claims have frozen 6 bank accounts linked to Najib and 1MDB.[32][33] According to highly placed sources, three of the bank accounts that have been frozen belongs to Najib.[34][35] The Wall Street Journal revealed the bank account details online to rebut denials by Najib and his supporters.[36][37][38] Singapore police have frozen two Singapore bank accounts in connection with their own investigation into the alleged financial mismanagement at 1MDB, after reports stated that US$700 million worth of deposits was moved through Falcon Bank in Singapore into Najib's personal accounts in Malaysia.[39][40]

The Wall Street Journal(WSJ) released a report stating that 1MDB failed to pay a United Arab Emirates state investment vehicle International Petroleum Investment Co (IPIC) USD 1.4 billion. The money was owed to IPIC after it had guaranteed a US$3.5 billion bond issued by 1MDB to fund its purchase of power plant assets back in 2012.[41][42][43] The WSJ released another report saying that a further USD 993 million was missing that 1MDB was supposed to pay IPIC.[44][45][46]

Donation explanation from government[edit]

Malaysian Prime Minister Najib has been put centre stage of the 1MDB crisis.

On 3 August 2015, the Malaysian Anti-Corruption Commission stated that the RM 2.6 billion that had been banked into Najib's personal account came from donors, not 1MDB, but did not elaborate on who the donors were or why the funds were transferred, nor why this explanation had taken so long to emerge since the allegations were first made on 2 July 2015.[47][48] UMNO Kuantan division chief Wan Adnan Wan Mamat later claimed that the RM 2.6 billion is from Saudi Arabia as thanks for fighting ISIS. He further claimed that the Muslim community in the Philippines as well as southern Thailand had also received similar donations, and that since the donations were made to Najib personally as opposed to UMNO, the funds were deposited into Najib's personal accounts.[49]

On 29 August 2015, tens of thousands of protesters took to the streets of Kuala Lumpur during the Bersih rally, calling for Najib to resign.[50]

Investigations by foreign law enforcement agencies[edit]

Swiss authorities under the direction of the Office of the Attorney General of Switzerland began to freeze bank accounts amounting to several million US dollars linked to 1MDB.[51][52][53]

Hong Kong police have begun investigations regarding US$250 million in Credit Suisse branch deposits in Hong Kong linked to Najib and 1MDB.[54][55] United Kingdom's Serious Fraud Office has begun investigations into money laundering involving 1MDB after it was highlighted by Clare Rewcastle Brown and Sarawak Report.[56][57]

It was reported the FBI in the United States had begun investigations regarding money laundering involving 1MDB.[58][59][60] The US Justice Department's international corruption unit has begun a probe looking into property purchases in the United States's involving Najib's step-son Riza Aziz and the transfer of millions of dollars into Najib's personal account.[61][62] The probe is looking at properties that have been purchased by shell companies that belong to Riza Aziz and close family friend Jho Low.[63][64] Also under scrutiny by the FBI and Department of Justice is the role of Goldman Sachs in allegations of money laundering and corruption.[65][66][67]

Bank Negara actions[edit]

Using the premise that 1MDB used inaccurate or incomplete disclosure of information, Bank Negara has revoked permissions earlier granted to 1MDB for investments abroad totaling US$1.83 billion.[68][69] Bank Negara has called the Attorney General to begin criminal prosecution of 1MDB after completing their own investigations of 1MDB.[70][71] 1MDB has stated that they are unable to repatriate the US1.83 billion demanded by Bank Negara because the funds have been spent.[72]

Police reports[edit]

The scandal took a dramatic twist on 28 August 2015 when a member of Najib's own UMNO party filed a civil suit against him alleging a breach of duties as trustee and that he defrauded party members by failing to disclose receipt of the donated funds, and account for their use.[73] This suit was filed in the Kuala Lumpur High Court and also named party executive secretary Abdul Rauf Yusof. Expressing fear that Najib would wield influence to remove any member of UMNO "for the sole purpose of avoiding liability" the court was also being moved for an injunction to restrain UMNO, its Supreme Council, state liaison body, divisions and branches from removing the nominal plaintiff as a party member pending the determination of the suit. The plaintiff is also seeking a repayment amounting to US$650 million, the amount allegedly deposited by Najib to a Singapore bank, an account of all monies that he had received in the form of donations, details of all monies in the AmPrivate Banking Account No 2112022009694 allegedly belonging to Najib, along with damages, costs, and other reliefs.[74] The UMNO representative Anina Saadudin who filed the lawsuit was immediately expelled from the party.[75][76][77]

Another police report was filed by a Johor UMNO member Abdul Rashed Jamaludin against Najib over the funds that went into his bank account and the wrongdoings at 1MDB.[78][79]

UMNO member Khairuddin Abu Hassan and his lawyer Matthias Chang has submitted evidence on the 1MDB scandal to the Swiss attorney-general for investigation on whether any Swiss banks had done any business with 1MDB [80][81] Khairuddin also lodged a police report in Hong Kong against Najib and Jho Low, pertaining to three companies: Alliance Assets International, Cityfield Enterprises, Bartingale International and Wonder Quest Investment which had purported dealings with 1MDB.[82][83] Khairuddin and Matthias were barred from leaving Malaysia after confirmation from Immigration officials who were under orders by the police to prevent them from leaving.[84][85][86] Khairuddin and Matthias were charged under the Security Offenses Act (SOSMA) under the pretext of sabotaging Malaysia's banking and financial sector.[87][88][89]

Government actions[edit]

Following criticisms of the 1MDB issue, deputy Prime Minister Muhyiddin Yassin was removed from office and his position was given to Ahmad Zahid Hamidi who is the current Home Minister.[90][91] Also removed from office was Rural and Regional Development Minister Shafie Apdal who was also critical of the 1MDB issue.[92][93]

The attorney general Abdul Gani Patail who was heading a multi-agency task force investigating claims of misappropriations of funds allegedly involving Najib and 1MDB, was removed from his position and his post was given to Mohamed Apandi Ali, a former Federal Court judge.[94][95] Furthermore, the Public Action Committee that was investigating the purported losses in 1MDB was indefinitely postponed due to 4 of its members being given positions in Najib's cabinet, namely the PAC chairman Nur Jazlan Mohamed, Reezal Merican Naina Merican, Wilfred Madius Tangau and Mas Ermieyati Samsudin.[96][97][98]

The news publications The Edge Malaysia and The Edge Financial Daily were suspended for three months in July for allegedly publishing false reports on the 1MDB issue by the Malaysian Home Ministry.[99][100][101] The website Sarawak Report was also blocked by Malaysian Communications and Multimedia Commission, which regulates Internet services in Malaysia.[102][103] The Malaysian police have issued an arrest warrant for Clare Rewcastle Brown, who manages the Sarawak Report website giving the reason that she was involved in activities detrimental to parliamentary democracy and disseminating false reports about Najib Razak.[104][105]

The police also arrested UMNO member Khairuddin Abu Hassan after he had lodged police reports in London, Singapore, France and Hong Kong regarding financial improprieties regarding 1MDB.[106][107][108] According to his lawyer Khairuddin was going to the United States to meet with the Federal Bureau of Investigation to urged them to probe 1MDB over money laundering.[109][110] However the FBI's New York office has confirmed to the WSJ that no agent had arranged to meet Khairuddin or had any previous contact with him.[111]

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