Federal Court upholds forfeiture of RM11.3mil in assets by govt

Federal Court upholds forfeiture of RM11.3mil in assets by govt

Panel rules prosecution was not obliged to prove the commission of a predicate offence in forfeiture applications made under anti-money laundering laws.

The Federal Court has upheld the forfeiture of cash and assets belonging to JJPTR founder Lee Choong Sen and associates under anti-money laundering laws.
PUTRAJAYA:
The Federal Court today upheld a forfeiture order granting the government permission to seize more than RM11.3 million in cash and assets from the founder of an illegal investment scheme and three others.

The decision allows the government to seize monies belonging to JJ Poor to Rich (JJPTR) founder Lee Choong Sen and two companies linked to him.

The court also allowed the government to take control of more than RM340,000 belonging to Chong Yew Kuan as well as several other assets, including land in Menglembu, Perak, and two motorcars.

Delivering the unanimous verdict of the apex court, Court of Appeal president Abang Iskandar Abang Hashim held that the appeals against the forfeiture order were devoid of merit.

Also on the three-member panel were Justices Mary Lim and Abu Bakar Jais.

Abang Iskandar said the prosecution was not obliged to prove the commission of a predicate offence in forfeiture applications made under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, where there is no prosecution or conviction for money laundering under subsection 4(1) of the Act.

In 2018, the prosecution filed applications in the High Court to seize money and properties linked to the JJPTR scheme, alleging that police investigations showed it involved unlicensed deposit taking.

The applications also claimed that monies invested in the scheme had been used to buy properties.

The High Court granted the prosecution’s application and issued forfeiture orders over the property. The decision was later upheld by the Court of Appeal, giving rise to the present appeal to the Federal Court.

A total of 19 police reports were lodged against JJPTR at various locations in Johor, Penang, Selangor, and Kuala Lumpur.

Deputy public prosecutor Norzilati Izhani Zainal appeared for the prosecution, while lawyers Shukri Ahmad Mansor and G Jaya Prem appeared for Lee and his associates.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.