Dec 11 ruling if ‘1MDB funds’ held in UK can be preserved

Dec 11 ruling if ‘1MDB funds’ held in UK can be preserved

The government is seeking to prevent law firm Clyde & Co LLP from disposing of US$340 million held on behalf of two PetroSaudi entities.

The government said UK law firm Clyde & Co LLP and Temple Fiduciary Services Ltd should not dispose of funds, allegedly belonging to 1MDB, held by them on grounds that they are proceeds from unlawful activities. (Reuters pic)
KUALA LUMPUR:
The High Court here has fixed Dec 11 to rule on the government’s bid to prevent the disposal of some US$340 million in funds allegedly belonging to 1MDB kept in a UK law firm’s client’s account.

Justice Ahmad Shahrir Salleh fixed the decision date during case management today.

He also ordered deputy public prosecutor Norinna Bahadun to file additional submissions in connection with the application, which names PetroSaudi International, its director Tarek Obaid, subsidiary PetroSaudi Oil Services (Venezuela) and Temple Fiduciary Services Ltd.

Lawyer Yusof Zainal Abidin appeared for Tarek, while Alex Tan represented the two PetroSaudi entities and Temple Fiduciary Services.

In the application filed on July 10, 2020, the government contends that US$340,258,246.87 held by Clyde & Co LLP on behalf of the two PetroSaudi corporations were proceeds from unlawful activities.

The application was filed under Section 53 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).

The provision allows the public prosecutor to apply to the High Court for an order prohibiting any person holding property which may be the proceeds of unlawful activity from dealing with it in any way.

The government is also seeking to bar the use of money kept in a bank account held by Temple Fiduciary Services.

The affidavit in support of the application for the prohibition order was affirmed by MACC investigating officer Afiq Aziz.

In his affidavit, Afiq claimed that the monies held in the accounts were connected to an alleged conspiracy to defraud 1MDB involving Tarek, Low Taek Jho, or Jho Low, and former prime minister Najib Razak.

In August, a Swiss court sentenced Tarek and fellow PetroSaudi executive Patrick Mahony to seven and six years’ jail, respectively, for embezzling US$1.8 billion of 1MDB funds.

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