Overhauling Malaysia | The 1MDB Scandal

As promised in their GE14 manifesto, the new Pakatan (PH) government has finally succeeded in putting a case together on the 1MDB scandal. Today the former Malaysian Prime Minister Datuk Seri Najib Tun Razak has been formally charged for 3 counts of CBT for a total of RM42 mil and also the abuse of power in relation to the 1MDB scandal. 

New Malaysia | Najib's 3rd Trial |

In the News Snippets & Links

Nov 30, 2019 Highlights of Najib’s 1MDB audit report case for the week

“Datuk Seri Najib Tun Razak had requested me not to include the two versions of the 1Malaysia Development Berhad (1MDB) financial statements in the final audit report,” said former Auditor-General (AG) Tan Sri Ambrin Buang.|Read more >|SunDaily

Nov 30, 2019 Highlights of Najib’s trial over tampering of 1MDB audit report

“Datuk Seri Najib Tun Razak had requested me not to include the two versions of the 1Malaysia Development Berhad (1MDB) financial statements in the final audit report,” said former Auditor-General (A-G) Tan Sri Ambrin Buang.|Read more >|Malaymail

Nov 27, 2019 | Ambrin: Edited 1MDB final audit report can still be used for criminal probe
Despite changes and amendments to the final 1Malaysia Development Berhad (1MDB) final audit report, it still contains enough “red flags” and pointers for a criminal investigation to be carried out by the authorities, former Auditor-General Tan Sri Ambrin Buang told the High Court today.|Read more >|Malaymail

Nov 27, 2019 | Najib’s aide had 1MDB audit report’s draft days before scheduled PAC presentation, court told
Former prime minister Datuk Seri Najib Razak’s senior aide had requested and received a copy of a draft of the Auditor-General’s final report on the audit of 1Malaysia Development Berhad, just several days before it was due to be presented to parliamentary watchdog Public Accounts Committee (PAC) in February 2016, the High Court heard today.|Read more >|Malaymail

Nov 27, 2019 | Ambrin: Did Jho Low attend 1MDB board meeting? Minutes showed contradictory account
1Malaysia Development Berhad (1MDB) had produced two different versions of its minutes for a 2009 board meeting, with the initial version confirming businessman Low Taek Jho’s presence while the second version omitted his name as an attendee, the High Court heard today.|Read more >|Malaymail

Nov 27, 2019 | Ambrin: Najib promised a probe
Former auditor-general Tan Sri Ambrin Buang told the High Court that he agreed to exclude the issue of two different versions of 1Malaysia Development Bhd (1MDB) financial statements in its final audit report as the then prime minister promised a probe into the matter.|Read more >|TheStar

Nov 27, 2019 | Ambrin says felt ‘cheated’ after no report lodged over 1MDB’s conflicting financial statement, despite assured otherwise
Former auditor-general Ambrin Buang told the High Court today that he felt “cheated” after he found out that no police report was lodged over 1Malaysia Development Berhad’s (1MDB) two conflicting financial statement for the year 2014.|Read more >|Malaymail

Nov 27, 2019 | Ex-auditor-general: Najib wanted to omit issue of two 1MDB financial statements
The High Court heard that Datuk Seri Najib Razak asked that the issue of two differing versions of 1Malaysia Development Bhd (1MDB) financial statements not be included in the final audit report, promising an investigation into it later.|Read more >|TheStar

Nov 27, 2019 | Ambrin: I ordered auditor Nor Salwani to save sole 1MDB audit report, destroy the rest
Former auditor-general Tan Sri Ambrin Buang told the High Court today that he gave the order for government auditor Nor Salwani Muhammad to save the only surviving copy of the final audit report on 1Malaysia Development Berhad (1MDB) after they were forced to make changes.|Read more >|Malaymail

Nov 27, 2019 | Former Auditor General: Nor Salwani did not breach code of conduct for civil servants
A National Audit Department staff who secretly recorded a high level meeting involving the chief secretary to the government where instructions were issued to tamper with 1Malaysia Development Bhd (1MDB) audit report did not breach any code of conduct.|Read more >|NST

Nov 21, 2019 | Audit team ‘shocked’ over suggestions to change 1MDB report, recalls NAD director
Federal auditors were “shocked” over suggestions made by senior government officials and 1Malaysia Development Berhad (1MDB) then CEO Arul Kanda Kandasamy in 2016 to change the findings of the fund’s final audit report, an audit team member told the High Court today.|Read more >|Malaymail

Nov 21, 2019 | Despite orders to destroy all 1MDB audit reports, government auditor saved one for new A-G
A government auditor had saved one last copy of the 1Malaysia Development Berhad (1MDB) audit report's draft that was within the National Audit Department's (NAD) custody, despite being told to destroy all copies of the reports, the High Court heard today.|Read more >|Malaymail

Nov 21, 2019 | Ambrin: Final 1MDB audit report classified under OSA to prevent leaks
The final 1Malaysia Development Berhad (1MDB) audit report was classified under the Official Secrets Act 1972 (OSA) to prevent information leaks, former auditor-general (A-G) Tan Sri Ambrin Buang told the High Court today.|Read more >|Malaymail

Nov 21, 2019 | Former A-G: 1MDB failed to give documents, delayed audit from five months to a year
1Malaysia Development Berhad’s (1MDB) failure to provide documents to the National Audit Department (NAD) caused the audit to last almost a year instead of the estimated five months, the High Court heard today.|Read more >|Malaymail

Nov 21, 2019 | Audio clip of meeting to amend 1MDB audit report placed in pencil case
The High Court heard that a recording device was placed inside a pencil case to record the coordination meeting which discussed amendments for the 1Malaysia Development Bhd (1MDB) audit report on Feb 24,2016.|Read more >|TheStar

Nov 20, 2019 | Audio recording of meeting to tamper with 1MDB audit report played in court
An audio recording of a meeting involving former top government officers, including then chief secretary to the government, auditor general and former 1Malaysia Development Bhd (1MDB) chief executive discussing the sovereign wealth fund's final audit report was played in the High Court today.|Read more >|NST

Nov 19, 2019 | Ali Hamsa: Arul Kanda admitted to two different 1MDB financial statements for 2014
Former 1Malaysia Development Berhad (1MDB) chief executive Arul Kanda Kandasamy had admitted that there were two different versions of the fund’s financial statement for the year 2014, Tan Sri Ali Hamsa told the High Court today.|Read more >|Malaymail

Nov 19, 2019 | Muhyiddin sacked for raising questions on 1MDB, says Ali Hamsa
The High Court here was told today that Tan Sri Muhyiddin Yassin was sacked from the deputy prime minister post after he had raised too many questions about the sovereign wealth fund, 1Malaysia Development Berhad (1MDB), in 2015.|Read more >|SunDaily

Nov 19, 2019 | PAC trial: Gani Patail terminated as AG after Najib lost trust in him, court told
Tan Sri Abdul Gani Patail was removed from his post as the Attorney General after former prime minister Datuk Seri Najib Razak lost trust in him, the High Court heard.|Read more >|TheStar

Nov 19, 2019 | Ali Hamsa: AGC’s Dzulkifli, who later became MACC chief, advised on removal of Najib’s role in 1MDB audit report
Tan Sri Dzulkifli Ahmad — who had given his legal advice as an Attorney General’s Chambers (AGC) representative on the removal of Datuk Seri Najib Razak’s mention in the 1Malaysia Development Berhad (1MDB) audit report — later became the Malaysian Anti-Corruption Commission (MACC) chief, the High Court heard today.|Read more >|Malaymail

Nov 19, 2019 | PAC trial: Conflicting financial statements among issues removed from 1MDB audit report
Two conflicting versions of the 1Malaysia Development Bhd (1MDB) financial statements for the year 2014 were among the four issues removed from the 1MDB audit report, the High Court heard.|Read more >|TheStar

Nov 19, 2019 | ‘Upset’ Najib ordered 1MDB audit report changes to hide two different financial statements, Ali Hamsa confirms
Datuk Seri Najib Razak directly ordered amendments to be made to the 2016 Auditor-General's (A-G) report on 1Malaysia Development Berhad (1MDB), former chief secretary to the government Tan Sri Ali Hamsa told the High Court today.|Read more >|Malaymail

Nov 18, 2019 | Najib-Arul Kanda trial: What was removed from auditor-general’s 1MDB audit report?
The prosecution today unveiled changes in an audit report that were made as a result of Datuk Seri Najib Razak’s alleged instructions in February 2016 to protect himself from civil and criminal action over 1Malaysia Development Berhad (1MDB).|Read more >|Malaymail

Nov 18, 2019 | DPP: Najib lied to the world that it was a donation from Saudi Arabia
Former Prime Minister Datuk Seri Najib Razak knew that money which flowed into his personal bank accounts belonged to 1Malaysia Development Bhd (1MDB), but he lied to the world that it was a donation from Saudi Arabia.|Read more >|NST

Nov 18, 2019 | Najib ordered Jho Low’s name removed from 1MDB final audit report
Datuk Seri Najib Abdul Razak as the then Prime Minister and Finance Minister allegedly ordered a paragraph of 1Malaysia Development Berhad (1MDB) financial statement to be deleted from the 1MDB Audit Report, the High Court was told today.|Read more >|SunDaily

Nov 18, 2019 | Sri Ram: Najib’s objective was to conceal the truth
The prosecution in the third criminal trial of Datuk Seri Najib Razak is set to prove the extent the former premier had gone to remove material from an official record, which it claimed was done to “conceal the truth” surrounding the 1Malaysia Development Bhd (1MDB) scandal.|Read more >|TheStar

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1MDB Scandal Sum Total 32 Charges against Former PM Najib Posted on September 20, 2018

 

Sum Total of Charges against former PM Najib

Former Prime Minister Datuk Seri Najib Tun Razak faces a total 32 charges.

  • The Penal Code Section 409 

Three criminal breach of trust (CBT) charges for misappropriating RM42mil of SRC funds.  (Charged on July 04, 2018)

 

  • The MACC Act Section 23

One abuse of power charge 

(Charged on July 04, 2018)

 

  • The Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA)

three charges for receiving RM42 million in illegal proceeds linked to SRC International Sdn Bhd via electronic transfer.  

(Charged on August 08, 2018)

 

  • The Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA)

Twenty-one charges for receiving, using and transferring RM2.6bil of illegal monies.  

(Charged on September 20, 2018)

 

  • The MACC Act Section 23 (1)

Four abuse of power charge

(Charged on September 20, 2018)

1MDB Scandal Expect New Charges for Najib under Anti-Money Laundering Act Round 3

Posted on September 20, 2018

 

The New Charges
Former Prime Minister Datuk Seri Najib Tun Razak has been slapped with another 25 charges, 21 charges under The Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) and four changes under the MACC Act.

  

The charges include nine counts for receiving illegal monies, five counts for using illegal monies and seven counts for transferring illegal monies to other entities," he said.

1MDB Scandal Additional Charges for Najib under Anti-Money Laundering Act Round 2

Posted on August 08, 2018

 

The New Charges
Former Malaysian Prime Minister Datuk Seri Najib Tun Razak has been charged with another 3 charges for receiving RM42 million in illegal proceeds linked to SRC International Sdn Bhd via electronic transfer.


He was charged under Section 4 (1) (b) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act. If convicted, he will face a maximum 15 years jail and no less than five times the amount of proceeds involved, or a RM5 million fine, whichever is higher. He pleaded not guilty to all 3 counts of money laundering charges and was allowed out on extended bail.


Amended CBT Charges
The Prosecution amended the earlier criminal breach of trust (CBT) charges. The term ‘public servant’ was removed for the second and third counts of CBT. Najib maintained his plea of not guilty to all four charges.

 

Previous 1MDB Related Charges

On July 04, 2018 Najib was charged for three counts of criminal breach of trust (CBT) under Section 409 of the Penal Code for misappropriating a total of RM42 million of SRC (SRC International was formerly under 1Malaysia Development Berhad (1MDB)) funds 2011 and 2015.  He was also charged for abuse of power Section 23 of the MACC Act.

1MDB Scandal The 1MDB Corruption Trial of Datuk Seri Najib Tun Razak Round 1

Posted on July 04, 2018

On July 4, Malaysian authorities charged Najib with three counts of criminal breach of trust and one count of using his position for gratification, as part of an investigation into state fund 1Malaysia Development Berhad (1MDB).


The High Court Judge: Datuk Mohd Sofian Abd Razak
The Accused: Datuk Seri Najib Tun Razak
The Charges

  • Three counts of criminal breach of trust (CBT) charges under Section 409 of the Penal Code 

  • Charged for abuse of power Section 23 of the MACC Act

Plea: Not guilty to all charges
Trial date: The High Court set the trial dates as Feb 18 to 28, March 4 to 8, and March 11 to 15, 2019.
In total, the trial will go on for 19 days.

In the meantime….

  • The judge ordered the former PM’s two passports, normal and diplomatic passport to be impounded by the court (Najib and his wife have been barred from leaving the country since May 12, 2018)

  • Granted bail of RM1 million with two sureties (Najib’s children Nooryana and Norashman) 
     

1MDB Scandal The 1MDB Corruption Trial of Datuk Seri Najib Tun Razak

Posted on July 04, 2018

 

The Prosecution Team

  • Attorney-General Tommy Thomas

  • DPP Datuk Mohamad Hanafiah Zakaria

  • DPP Manoj Kurup

  • DPP Datuk Suhaimi Ibrahim

  • DPP Datuk Umar Saifuddin Jaafar

  • DPP Datuk Ishak Mohd Yusoff

  • DPP Donald Joseph Franklin

  • DPP Muhammad Saifuddin Hashim Musaimi

  • DPP Budiman Lutfi Mohamed

  • DPP Sulaiman Kho Kheng Fuei

  • DPP Mohd Ashrof Adrin Kamarul

  • DPP Muhammad Izzat Fauzan

 

The Defence Counsel:

  • Tan Sri Muhammad Shafee Abdullah (Lead Counsel)

  • Harvinderjit Singh

  • Datuk Raj Krishnan

  • Farhan Read

  • Rahmat Hazlan

1MDB Scandal What has Najib been charged for in the 1MDB case? Round 1

Posted on July 04, 2018

Three counts of criminal breach of trust (CBT) charges under Section 409 of the Penal Code (which carries a maximum of 20 years' jail and whipping, upon conviction) for misappropriating a total of RM42 million of SRC (SRC International was formerly under 1Malaysia Development Berhad (1MDB)) funds 2011 and 2015.

  1. The first charge, Najib was accused that as a public servant and agent, namely Prime Minister and Finance Minister of Malaysia, Advisor Emeritus SRC International Sdn Bhd (SRC) and in those capacities entrusted with control of funds belonging to SRC totalling RM4 billion, had committed CBT involving a sum of RM27 million.

  2. The second count, Najib was charged that as Prime Minister and Finance Minister with control over SRC funds totalling RM4 billion, he had committed CBT involving RM5 million at the same place and during the same time frame. He was accused of committing the offence at AmIslamic Bank Berhad, Ambank Group Building , No 55, Jalan Raja Chulan, here between Dec 24, 2014 and Dec 29, 2014 and charged under Section 409 of the Penal Code which provides for jail up to 20 years and whipping and can also be fined, if convicted.

  3. The third count, Najib was charged with being Prime Minister and Finance Minister entrusted with SRC-owned funds of RM4 billion, committing CBT involving RM10 million at the same place between Feb 10, 2015, and March 2, 2015, according to the same section (of the Penal Code). He allegedly committed the offence between Feb 10, 2015, and March 2, 2015, at AmIslamic Bank Berhad at Jalan Raja Chulan.

 

Charged for abuse of power Section 23 of the MACC Act (carries a sentence of up to 20 years' jail, or a fine of RM10,000 or five times the bribe amount, whichever is higher)

  1. On the fourth charge, Najib was accused of being a public official namely Prime Minister and Minister of Finance of Malaysia, using his position to commit bribery involving RM42 million when he participated or was involved in a decision on behalf of the Malaysian government, to provide government guarantees for loans from the Retirement Fund Incorporated Fund(KWAP)  to SRC International Sdn Bhd amounting to RM4 billion.

1MDB Scandal The 1MDB-linked Frozen Accounts

Posted on July 04, 2018

 

It was reported on July 2, 2018, that the 1MDB Special Task Force frozen 408 bank accounts of individuals, political parties and non-government organisations (NGOs) worth RM1.1 billion on June 26 and 29. It is believed that these accounts are linked to laundering of misappropriated 1MDB funds. It has been traced that there were nearly 900 transactions made between March 2011 and September 2015 that involved money transfer amounting to RM1.1 billion into these accounts.  

 

Who are the 408 account holders?
Out of the 408 bank accounts, of which 81 belong to individuals and 55 to companies and NGOs, the task force only made known that three accounts holders are political parties namely, United Malays National Organisation (Umno) HQ, UMNO Selangor and Sarawak United People’s Party (SUPP).  No further details were given of the other accounts. They have only asked the rightful owners to come forward and return the funds to the government.  It was reported on July 03 that Umno Johor Baru division chief Tan Sri Shahrir Abdul Samad confirmed that his personal and his party accounts have been frozen by the 1MDB special taskforce in relation to the misappropriated funds.
 

In a news report carried by Singapore’s Straits Times, it says that local media had reported that Datuk Seri Najib issued cheques from several accounts at AmBank that had a total of RM3.5 billion in funds for political funding and his personal expenses. According to some local media some of the misappropriated 1MDB funds had been channelled into these accounts:-

  • Umno bank accounts - RM600 mil

  • BN coalition - RM300 mil for the 2013 general election

  • RM145 mil - Umno headquarters account 

  • Selangor Umno - RM19 million 

  • Johor Umno - RM25 million

  • MIC - RM15 million

  • MCA - RM11 

  • Orb Solutions Sdn Bhd  - RM62 million from Mr Najib between 2011 and 2014 (a company part-owned by Mr Najib's former aide Amhari Efendi Nazaruddin who was detained on June 25 to assist the MACC in its investigations)

  • Between 2011 and 2014 a total of RM500 million from one account to some 70 individuals, 60 companies and 10 foundations.


The list is sourced from a report by Singapore’s Straits Times, “Up to S$203m channelled from 1MDB to Malaysian political parties”

On July 6, additional Najib-linked accounts were frozen by MACC.  Amongst the frozen accounts, three belongs to Najib's daughter Nooryana Najwa Najib’s accounts of which one is a “Junior Savers” savings account for Najib’s grandson.


On July 07, the Bank Rakyat account set up to help pay Datuk Seri Najib Razak’s RM1 million bail frozen. Umno’s Datuk Zalmah Abdul Rahman opened the account for the #FreeNajib fund two days ago. As of July 07 at 5 pm, the fund has collected RM223,908.

 

Who has the MACC called up for investigation of the 1MDB-linked frozen accounts
June 25 - Mr Najib's former aide Amhari Efendi Nazaruddin
July 2 - Umno president Datuk Seri Dr Ahmad Zahid Hamidi
July 3 - the former Felda chairman, Tan Sri Shahrir Abdul Samad

1MDB Scandal The 1MDB Investigation Committee

Posted on July 04, 2018


The 1MDB investigation committee was set up by the Council of Eminent Persons (CEP) on May 17 to coordinate cross-sector investigation to ensure fair and just application of the law.
The members comprise: 

  • Abu Talib, former Attorney-General (AG) of Malaysia

  • Nik Shahrizal Sulaiman, a partner in risk assurance services at PricewaterhouseCoopers Malaysia

  • Syed Naqiz Shahbuddin Syed Abdul Jabbar, senior partner at Naqiz & Partners

  • Faris Rabidin, senior adviser of Otoritas Jasa Keuangan Indonesia (the Indonesian financial services authority)

  • Cynthia Gabriel, founder of the Centre to Combat Corruption and Cronyism

 

The 1MDB Special Task Force
The task force, under the purview of the CEP, has been tasked to track and recover misappropriated 1MDB monies and assets as well as prosecute those who had committed any criminal activities relating to the management of 1MDB by using the Malaysian Anti-Corruption Commission (MACC) Act, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLA) Act 2001 and the Penal Code. The special task force provides the progress reports to the 1MDB Investigation Committee.
The members comprise of personalities close and familiar with the case and they are:-

  • Tan Sri Abdul Gani Patail, former Attorney-General 

  • Tan Sri Abu Kassim Mohamed, former Malaysian Anti-Corruption Commission (MACC) chief commissioner 

  • Datuk Seri Mohd Shukri Abdull, current MACC chief commissioner; 

  • Datuk Abdul Hamid Bador, current Bukit Aman Special Branch director

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