1MDB still cannot reach Jho Low, 5 others over US$3.8bil suit

1MDB still cannot reach Jho Low, 5 others over US$3.8bil suit

Company unable to serve writ of summons on six who have gone missing, says lawyer.

Jho Low, four of his family members and his associate Eric Tan are facing lawsuits by 1MDB and its four subsidiaries. (Bloomberg pic)
KUALA LUMPUR:
1Malaysia Development Bhd (1MDB) has yet to be able to serve the writ of summons to seek US$3.7837 billion from fugitive businessman Low Taek Jho or Jho Low, his family members and an associate.

On July 6, 1MDB and its four subsidiaries – 1MDB Energy Holdings Ltd, 1MDB Energy Ltd, 1MDB Energy (Langat) Ltd and Global Diversified Investment Company Ltd which was formerly known as 1MDB Global Investments Ltd – filed a suit against Jho Low, his parents Larry Low Hock Peng and Goh Gaik Ewe, his sister May Lin, his brother Taek Szen, and his associate Eric Tan.

A lawyer representing 1MDB said they had tried to serve the writ of summons to all the defendants but could not do so as they were not residing at their last known addresses.

He said that based on the writ, the last known address of Jho Low’s family was in Penang, while Tan’s was in Kepong here.

“The court also set Sept 14 for the next case management to learn the status of the writ of summons,” he told reporters via WhatsApp after today’s case management before High Court deputy registrar Nor Afidah Idris.

Based on the writ, 1MDB is claiming US$661 million from Jho Low and US$41 million, US$397 million, US$608 million and US$1.9 billion from Jho Low and Tan respectively as well as US$325 million from Jho Low and his father Hock Peng.

1MDB Global Investments Ltd is also seeking US$630 million from Hock Peng, Jho Low and Tan and US$2 million from Taek Szen, Jho Low and Tan.

The plaintiffs are also seeking US$3.5 million from May Lin and Jho Low and US$1.695 million from Goh, Jho Low and Tan in connection with the purchase of jewellery and secret profits apart from claiming US$25.5 million from Jho Low, Tan, Hock Peng and Taek Szen.

Based on the statement of claim, all the plaintiffs claimed that they were manipulated by a group of individuals, including Najib Razak and the first defendant (Jho Low) to facilitate a large-scale and long-term fraud which resulted in billions of ringgit being fraudulently misappropriated into privately controlled accounts for the benefit of various fraudsters, including the defendants.

“In carrying out the fraud, multiple breaches of trust and/or fiduciary duties were committed by Najib, members of the board of directors and senior management of the plaintiffs.

“The funds and assets of the plaintiffs which were transferred to the defendants were misappropriated, with the knowledge of the defendants, in breach of trust and fiduciary duty,” said all the plaintiffs.

They also claimed that Najib had abused his power and position to protect himself and cover up the fraud against the plaintiffs, among others by obstructing efforts to investigate and uncover evidence related to fraud and misconduct against the plaintiffs in Malaysia.

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