Malaysia

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Premier Assurance Group SPC Ltd.: Amended Chapter 15 Petition (Cayman Islands)

November 3, 2020
Amended Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the Cayman Islands by Jeffrey Stower and Jason Robinson, of KPMG, as the Foreign Representatives of Premier Assurance Group SPC Ltd. (in Provisional Liquidation), at the U. S. Bankruptcy Court for the Southern District of Florida.

Proximity Aerospace Ltd. v. Stellar Aviation Company Inc.: Complaint

October 28, 2020
Complaint in Proximity Aerospace Ltd., of Labuan, for itself and as assignee of certain rights and interests of JetSmart Aviation Ltd., of the Seychelles v. Stellar Aviation Company Inc., of Delaware, at the U. S. District Court for the Southern District of Florida.

Dafex Global Ltd.: Permanent Ban

October 28, 2020
Decision by the National Futures Authority imposing a permanent ban on Dafex Global Ltd., of Colorado, described as "a former NFA Member and current CFTC-registered commodity pool operator and commodity trading advisor that operates mainly from Malaysia", for "engaging in a deceitful course of conduct to obtain NFA membership and CFTC registration and willfully submitting misleading information to NFA". Editor's Note: Research by OffshoreAlert showed that Dafex Global Ltd. has an affiliate with the same name in England and Wales, where Companies House records identify its sole director as Nithyanandan Pushparaja, a citizen and resident of Malaysia who is also the registered agent for the Colorado company, and a former director as Enhe Wang, a citizen and resident of China, who resigned on March 23rd, 2020.

Goldman Sachs (Singapore) Pte.: $122M Fine

October 23, 2020
Joint Statement by Singapore's Attorney General, Police Force, and Monetary Authority that they have imposed a fine of $122 million on Goldman Sachs (Singapore) Pte. "for its role" in bond offerings by 1Malaysia Development Berhad, a.k.a. 1MDB.

Goldman Sachs Group, Inc.: $1B Penalties Re. 1MDB

October 22, 2020
Administrative Order by the U. S. Securities and Exchange Commission imposing penalties totaling $1.06 billion on The Goldman Sachs Group, Inc. regarding "a scheme perpetrated by now former senior employees of Goldman Sachs who authorized and paid bribes and kickbacks to government officials in Malaysia and the Emirate of Abu Dhabi in order to secure lucrative business for the Company and benefits for themselves" involving 1Malaysia Development Berhad, a.k.a. 1MDB.

USA v. Goldman Sachs Group Inc.: Criminal Information

October 22, 2020
Criminal Information alleging conspiracy to violate the Foreign Corrupt Practices Act involving Malaysia Development Berhad in USA v. The Goldman Sachs Group Inc. at the U. S. District Court for the Eastern District of New York.

USA v. Goldman Sachs Group Inc.: Deferred Prosecution Agreement

October 22, 2020
Deferred Prosecution Agreement regarding allegations of conspiracy to violate the Foreign Corrupt Practices Act involving Malaysia Development Berhad in USA v. The Goldman Sachs Group Inc. at the U. S. District Court for the Eastern District of New York.

USA v. Goldman Sachs (Malaysia) Sdn. Bhd.: Criminal Information

October 22, 2020
Criminal Information alleging conspiracy to violate the Foreign Corrupt Practices Act involving 1Malaysia Development Berhad, a.k.a. 1MDB, in USA v. Goldman Sachs (Malaysia) Sdn. Bhd. at the U. S. District Court for the Eastern District of New York.

USA v. Goldman Sachs (Malaysia) Sdn. Bhd.: Plea Agreement

October 22, 2020
Plea Agreement regarding a conspiracy to violate the Foreign Corrupt Practices Act involving 1Malaysia Development Berhad, a.k.a. 1MDB, in USA v. Goldman Sachs (Malaysia) Sdn. Bhd. at the U. S. District Court for the Eastern District of New York.

Goldman Sachs (Asia) LLC: $350M Fine

October 22, 2020
Statement of Disciplinary Action by the Securities and Futures Commission of Hong Kong imposing a fine of US$350 million on Goldman Sachs (Asia) LLC regarding 1Malaysia Development Berhad, a.k.a. 1MDB.

Goldman Sachs International: £48M Fine (FCA)

October 21, 2020
Final Notice imposing a fine of £48 million on Goldman Sachs International regarding a "bribery and misconduct" scheme involving 1Malaysia Development Berhad, a.k.a. 1MDB.

Goldman Sachs International: £48M Fine (FRP)

October 21, 2020
Final Notice by the Bank of England's Prudential Regulation Authority imposing a fine of £48.3 million on Goldman Sachs International, described as "an investment banking, securities and investment management firm headquartered in London", regarding allegations of "bribery and misconduct" involving 1Malaysia Development Berhad.

TEM Holdings Ltd.: ‘Scheme of Arrangement’ Petition

October 15, 2020
Petition for the Court to sanction a Scheme of Arrangement in the matter of TEM Holdings Limited, described as the "investment holding company" for a group that is "principally engaged in the manufacture and sale of wire/cable harnesses and power supply cords assembled products, with its manufacturing operations in Malaysia and the People's Republic of China, and trading of terminals, connectors and others", at the Grand Court of the Cayman Islands.

Premier Assurance Group SPC Ltd.: Chapter 15 Petition (Cayman Islands)

September 22, 2020
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the Cayman Islands by Jeffrey Stower and Jason Robinson, as the Foreign Representatives of Premier Assurance Group SPC Ltd. (in Controllership), at the U. S. Bankruptcy Court for the Southern District of Florida. Editor's Note: The "Foreign Main Proceeding" in this matter, which includes allegations of fraud, was filed under seal at the Grand Court of the Cayman Islands on September 17th, 2020 and remains sealed as of today, with the entry in the Court's public register reading "Confidential Matter". It is often only when Cayman insolvency practitioners seek recognition in the United States that the mere existence of cases becomes publicly-known.

USA v. ‘PetroSaudi v. PDVSA’ Arbitration Funds: Forfeiture Complaint

September 16, 2020
Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad ("1MDB"), a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. All Funds Held in Escrow by Clyde & Co. in the United Kingdom as Damages for Restitution in 'PetroSaudi Oil Services (Venezuela) Ltd. v. PDVSA Servicios S.A. et al' UNCITRAL Arbitration at the U. S. District Court for the Central District of California.

USA v. Nickie Mali Lum Davis: Plea Agreement

August 31, 2020
Plea Agreement regarding the defendant's "work on behalf of a foreign national and a foreign minister for the purpose of lobbying the Administration of the President of the United States and the United States Department of Justice to drop an investigation into the foreign national and arrange for the removal and return of a separate foreign national to a foreign nation" in USA v. Nickie Mali Lum Davis at the U. S. District Court for the District of Hawaii.

Nkwe Platinum Ltd. v. Glendina Ltd. et al: Originating Summons

August 21, 2020
Originating Summons in Nkwe Platinum Limited, of Bermuda v. Glendina Limited, of Australia, as Trustee of the Sunset Superannuation Fund; Genorah Resources Proprietary Limited, of South Africa, and 456 individual defendants from Australia, Germany, Isle of Man, Malaysia, New Zealand, Sweden, Thailand, United Kingdom, and United States at Bermuda Supreme Court.

USA v. Nickie Mali Lum Davis: Criminal Information

August 17, 2020
Criminal Information regarding the "lobbying of the President of the United States, his Administration and the United States Department of Justice to drop the investigation of Foreign National A for his role in the embezzlement of billions of dollars from 1Malaysia Development Berhad" in USA v. Nickie Mali Lum Davis at the U. S. District Court for the District of Hawaii.

USA v. Vasco Investments SA et al: Forfeiture Complaint

July 1, 2020
Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia"  in USA v. Funds allegedly associated with Khadem Abdulla Al Qubais, a citizen of the United Arab Emirates, held in the names of Vasco Investments Services SA, of the British Virgin Islands, and Eagle Strategic Investment Fund at Bank Privée Edmond de Rothschild, in Luxembourg, at the U. S. District Court for the Central District of California.

USA v. River Dee International SA: Forfeiture Complaint

July 1, 2020
Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. Funds associated with Jasmine Loo Ai Swan, a citizen of Malaysia, in the name of River Dee International SA, of the British Virgin Islands, at Falcon Private Bank Ltd., in Switzerland, at the U. S. District Court for the Central District of California.

USA v. Andy Warhol’s ‘Round Jackie’ Portrait: Forfeiture Complaint

July 1, 2020
Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. One Portrait Entitled 'Round Jackie' By Andy Warhol, "previously owned" by Kasseem Dean, a.k.a. Swiss Beatz, a hip hop musician residing in New Jersey, that is "currently in the custody of the United States Marshals Service" at the U. S. District Court for the Central District of California.

USA v. Andy Warhol’s ‘Campbell’s Soup’ Painting et al: Forfeiture Complaint

July 1, 2020
Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. One Painting Entitled 'Colored Campbell's Soup Can (Emerald Green), 1965' by Andy Warhol and One Painting entitled 'Vétheuil au Soleil' by Claude Monet, both "currently located n Switzerland", at the U. S. District Court for the Central District of California.

USA v. Jean-Michel Basquiat’s ‘Self-Portrait’ Drawing: Forfeiture Complaint

July 1, 2020
Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. One Drawing Entitled 'Self-Portrait' by Jean-Michel Basquiat, "previously owned by Christopher Joey McFarland", a co-producer of 'The Wolf of Wall Street' movie, at the U. S. District Court for the Central District of California.

USA v. Property in France: Forfeiture Complaint

July 1, 2020
Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. Real Property Located in Paris, France Titled In The Name Of Ave Raphael (Paris) SCI at the U. S. District Court for the Central District of California.

Antigua Ambassador Dario Item given bank license despite corporate ban

April 20, 2020
Antigua and Barbuda's banking regulator appears to have fast-tracked a licensing application by one of the country's diplomats - London-based Swiss lawyer Dario Item - after his bank in Labuan ran into regulatory problems and he received a corporate ban, OffshoreAlert can reveal.

1MDB: $300M Repatriation

April 14, 2020
News Release by the U. S. Department of Justice announcing that "U.S. Repatriates $300 Million to Malaysia in Proceeds of Funds Misappropriated from 1Malaysia Development Berhad".

YS GM Marfin II LLC et al v. The Clearing House Payments Company LLC et al: Discovery Application (England & Malaysia)

April 3, 2020
Application by YS GM Marfin II LLC, YS GM MF VII LLC, YS GM MF VIII LLC, YS GM MF IX LLC, and YS GM MF X LLC to take discovery from The Clearing House Payments Company LLC, Bank of America, Bank of China, The Bank of New York Mellon, BNP Paribas USA, Citibank, Commerzbank AG, Deutsche Bank Trust Company Americas, HSBC Bank USA, JPMorgan Chase Bank, Societe Generale, Standard Chartered Bank, UBS AG, and Wells Fargo Bank for use in "pending and contemplated proceedings" in England, Malaysia and other countries regarding "a brazen $89.2 million multinational maritime fraud" allegedly by Muhammad Tahir Lakhani, and his two sons, Muhammad Ali Lakhani and Muhammad Hasan Lakhani, who are described as "British and Pakistani dual nationals ordinarily resident in England, Pakistan and//or the United Arab Emirates", and involving several jurisdictions, including Nevis, Marshall Islands, Palau, and Panama, filed at the U. S. District Court for the Southern District of Florida.

Dario Item et al: Regulatory Update

March 24, 2020
Update by the Labuan Financial Services Authority regarding a lessening of previously-imposed penalties against Dario Item, a London-based, Swiss attorney who serves as Antigua and Barbuda's Ambassador to Spain, Monaco, and Liechtenstein; Andrea Mezzi, a citizen of Italy; Mauro Giacomo Silva, a citizen of Italy; Blue Investment Bank Inc., and Blue Wealth Management Ltd., including the cessation of corporation disqualifications.

Lion Diversified Holdings Berhad: Chapter 15 Petition

March 18, 2020
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Malaysia by Datuk Tee Guan Pian, of UHY Advisory, as the Foreign Representative of Lion Diversified Holdings Berhad, at the U. S. Bankruptcy Court for the Central District of California.

Labuan FSA Enforcement Actions: March 2, 2020

March 2, 2020
Enforcement Actions taken by Labuan Financial Services Authority on Labuan Licensed Entities from December 2015 to February 2020. The latest license revocations concern AbaUnion Limited, Better Place Strategic Investment Ltd.,FinFX Global Markets Limited, Advisers Worldwide (Malaysia) Limited, Opal Automart Pte Ltd., and Asian Trade Investment Bank.

Serious Fraud Office v. Airbus SE: Judgment

January 31, 2020
Judgment approving a Deferred Prosecution Agreement and imposing a "total financial sanction" of €990,963,712 for suspected bribery in Director of the Serious Fraud Office v. Airbus SE at the Crown Court, in Southwark, England.

Tim Leissner: Findings & Sanctions

December 16, 2019
Order Making Findings and Imposing Sanctions, including disgorgement of $43.7 million, against Tim Leissner, a former senior officer with Goldman Sachs, regarding alleged "bribes and kickbacks to government officials in Malaysia and the Emirate of Abu Dhabi', before the U. S. Securities and Exchange Commission.

SEC v. Telefonaktiebolaget LM Ericsson: Complaint

December 6, 2019
Complaint arising from "violations of the anti-bribery, recordkeeping, and internal accounting controls provisions of the Foreign Corrupt Practices Act" in U. S. Securities and Exchange Commission v. Telefonaktiebolaget LM Ericsson, of Sweden, at the U. S. District Court for the Southern District of New York.

Comsale Group Inc. et al: Chapter 15 Petition

November 13, 2019
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Canada by Rob Stelzer, of Grant Thornton, as the Foreign Representative of Comsale Group Inc., Comsale Computer Inc., and Comsale Inc., at the U. S. Bankruptcy Court for the Southern District of New York.

ED&F Man Capital Markets Ltd. v. Matthew Olivo et al: Discovery Application

August 6, 2019
Application by ED&F Man Capital Markets Limited, of England, described as "the victim of a large fraud arising out of its purported purchase of nickel for trading purposes", to take discovery from Matthew Ryan Olivo and Ian McGuinn for legal proceedings in England against Come Harvest Holdings Limited, of Hong Kong; Mega Wealth International Trading Limited, of Hong Kong; Steven Kai Shing Kao, of California; Genesis Resources Inc., of California; Genesis Properties Holding LLC, of California; Genesis KingHwa LLC, of California; Transcendent Global Finance, Inc., of California; Transcendent (SG) Pte Ltd., of Singapore; Sampo International Ltd., of the British Virgin Islands, and Straits (Singapore) Pte Ltd., of Singapore, filed at the U. S. District Court for the Southern District of New York.

SKAT v. Solo Capital Partners LLP et al: Re-Amended Complaint

July 30, 2019
Re-Amended Particulars of Claim alleging tax fraud involving entities in the British Virgin Islands, Cayman Islands, Dubai, Jersey, Luxembourg and other jurisdictions in Skatteforvaltningnen, a.k.a. SKAT, (the Danish Customs and Tax Administration) v. Solo Capital Partners LLP, Solo Capital Ltd., Agrius Capital Ltd., AESA Sarl, Anupe Dhorajiwala, Old Park Lane Capital Ltd., Telesto Markets LLP, Anthony Mark Patterson, Graham McKenzie Horn, Priyan Shah, Sanjay Shah, Gerard O'Callaghan, Elysium Global Ltd., Goal TaxBack Ltd., Koi Associates Ltd., Syntax GIS Ltd., Acupay System LLC, Global Equities GmbH, West Point Derivatives Ltd., North Channel Bank Gmbh, Salgado Capital, ED&F Man Capital Markets Ltd., Indigo Global Partners Ltd., Lindisfarne Partners LLP, Khajuraho Equity Trading Sarl, Treefrog Capital Ltd., Arche Cayman Ltd., Trillium Capital Sarl, Ganymede Cayman Ltd., VEM Holdings Sarl, Colbrook Ltd., Elysium Global (Dubai) Ltd., T&S Capital, Darren Lui, Hooloomooloo Holdings Ltd., Ampersand Capital Ltd., Usha Shah, Michael Stephen Murphy, James Edward Hoogewerf, Charles Joseph Knott, Polaris Capital Ltd., Polaris Capital (One) Ltd., Edo Barac, Robyn Llewellyn, North Channel Bank GmbH & Co. KG, Mankash Jain, Paul Preston, Daksha Bhudia, Jas Bains, Anne Christine Stratford, Europa LLP Executive Pension Scheme, Honey Jersey Ltd., Jonathan Godson, Daniel Fletcher, Alasdair Gavin Gonzalez Brown, Janice Allgrove, Godson Consulting LLC 401 Plan, Lawler Noble 401 K Plan, Watts Street Capital 401 K Plan, Roxy Ventures Solo 401 K Plan, Alba Gonzalez Brown, Fiveways Consulting FZE, Trixor Holdings One Ltd., FGC Elysium Holdings Ltd., IPIS UK (Battersea London 1) Ltd., Martin Smith, Guenthar Grant-Klar, West Point Derivatives Ltd., Bellview Financial Ltd., Rivera One Ltd., Astella Capital Ltd., PCM Ltd., Eris Investments Ltd., Silvercouk Ltd., Darren Wang Lip Yiu, Solo Group (Holdings) Ltd., Solo Group Services Ltd., Luna Capital Partners LLP, Copella Capital Ltd., Zuben Capital Ltd., Serafine Capital Ltd., Serafine Investments Ltd., Kenna Capital Ltd., Kenna Investments Ltd., Silver Fox Holdings Ltd, Ace City Holdings Ltd., Araya Holdings Ltd., Oberix International Corporation, Trillium Holdings (BVI) Ltd., Woodfields Holdings Capital Ltd., DoubleTwo Holdings Ltd., and Double Two Investments Ltd. at the High Court for England and Wales.

Chuah Bee Nah v. Google LLC: Discovery Application

July 12, 2019
Application by Chuah Bee Nah, of Malaysia, to take discovery from Google LLC for use in legal proceedings in Malaysia involving Cathay Pacific Airways Limited, of Hong Kong, filed at the U. S. District Court for the Northern District of California.

Labuan FSA Enforcement Actions: July 8, 2019

July 8, 2019
Notification by the Labuan Financial Services Authority of legal action by Dario Item, a London-based Swiss lawyer who serves as Antigua and Barbuda's Ambassador to Spain, Monaco, and Liechtenstein; Andrea Mezzi, a citizen of Italy; Mauro Giacomo Silva, a citizen of Italy; Blue Investment Bank Inc., and Blue Wealth Management Ltd., both of Labuan, challenging regulatory action against them.