The 25 corruption and money-laundering charges against Najib Razak, former prime minister of Malaysia

KUALA LUMPUR, Sept 20 — Below is Malay Mail’s translation of the four charges under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 [Act 694] and 21 charges under 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 [Act 613], against former prime minister and Pekan MP Datuk Seri Najib Razak in English.

They are in no way an official translation of the chargesheet, which was read out in Bahasa Malaysia.

Public Prosecutor vs Datuk Sri Najib bin Hj Abd Razak (IC Number: ******-**-5165)

Charges under the Malaysian Anti-Corruption Commission Act 2009 [Act 694]

FIRST CHARGE

That you, between 24 February 2011 and 14 June 2011, at AmIslamic Bank Berhad, Cawangan Jalan Raja Chulan, No. 55, Jalan Raja Chulan, Kuala Lumpur, in the Federal Territory of Kuala Lumpur, as an officer of a public body, to wit, Prime Minister and Minister of Finance of Malaysia and the Chairman of the Advisory Board of 1 Malaysia Development Berhad (1MDB), did use your position for a gratification for yourself totalling RM60,629,839.43, by taking the following action to wit:

i. On 1 April 2009, at the Cabinet Meeting Room, Level 4, Prime Minister’s Office, Federal Government Administrative Centre, in the Federal Territory of Putrajaya, by way of a Memorandum of the Ministry of Finance o. 216/2639/2009, you did obtain the consent of the Cabinet for the provision of a guarantee by the Government of Malaysia to Terengganu Investment Authority Berhad (TIA) to enable TIA to obtain domestic and foreign market loans of up to RM5 Billion by way of Islamic Medium Term Notes Programme;

ii. On 29 July 2009, at the Cabinet Meeting Room, Level 4, Prime Minister’s Office, Federal Government Administrative Centre, in the Federal Territory of Putrajaya, after being appointed Prime Minister on 3rd April 2009, you did approve the acquisition of TIA by the Government of Malaysia and further caused TIA’s name to be changed to 1 Malaysia Development Berhad (1MDB), a company in which you have a direct interest;

thereby, you have committed an offence under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 [Act 694], punishable under Section 24(1) of the same Act.

Punishment:

Section 24(1) of the MACC Act 2009 [Act 694]

Any person who commits an offence under section 23 shall on conviction be liable to —

(a) imprisonment for a term not exceeding 20 years; and

(b) a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of a pecuniary nature, or RM10,000, whichever is the higher.

SECOND CHARGE

That you, between 24 February 2011, 31 October 2012 and 20 November 2012 at AmIslamic Bank Berhad, Cawangan Jalan Raja Chulan, No. 55, Jalan Raja Chulan, Kuala Lumpur, in the Federal Territory of Kuala Lumpur, as an officer of a public body, to wit, Prime Minister and Minister of Finance of Malaysia and the Chairman of the Advisory Board of 1 Malaysia Development Berhad (1MDB), did use your position for a gratification for yourself totalling RM90,899,927.28, by taking the following action to wit:

i. On 9 February 2012, at 1MDB Office, Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, in the Federal Territory of Kuala Lumpur, you as the Minister of Finance did approve 1MDB in which you have a direct interest through its wholly-owned subsidiary 1MDB Energy Sdn. Bhd. to submit a binding bid offer for the proposed acquisition of Tanjong Energy Holdings Sdn. Bhd. a bid price of RM10,600,000,000.00 (RM10.6 Billion); and

ii.On 10 August 2012, at 1MDB Office, Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, in the Federal Territory of Kuala Lumpur, you as the Minister of Finance did approve the acquisition of equity in Mastika Lagenda Sdn. Bhd. at an aggregate purchase price of up to RM2.75 Billion and further approved 1MDB in which you have a direct interest to undertake an issuance of US$1.75 Billion 10-year Structured Loan Notes.

THIRD CHARGE

That you, between 22 March 2013 and 10 April 2013 at AmIslamic Bank Berhad, Cawangan Jalan Raja Chulan, No. 55, Jalan Raja Chulan, Kuala Lumpur, in the Federal Territory of Kuala Lumpur, as an officer of a public body, to wit, Prime Minister and Minister of Finance of Malaysia and the Chairman of the Advisory Board of 1 Malaysia Development Berhad (1MDB), did use your position for a gratification for yourself totalling RM2,081,476,926.00 by taking the following action to wit:

i. On 25 February 2013, at 1MDB Office, Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, in the Federal Territory of Kuala Lumpur, you as the Minister of Finance did approve 1MDB in which you have a direct interest to enter into a Joint Venture Agreement with Aabar Investment PJS; and

ii. On 14 March 2013, at 1MDB Office, Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, in the Federal Territory of Kuala Lumpur, you as the Minister of Finance did approve a Letter of Support to 1MDB Global Investment Limited for the purpose of supporting bond issues amounting to US$3,000,000,000.00 (US$3 Billion) on behalf of 1MDB in which you have a direct interest,

thereby, you have committed an offence under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 [Act 694], punishable under Section 24(1) of the same Act.

Punishment:

Section 24(1) of the MACC Act 2009 [Act 694]

Any person who commits an offence under section 23 shall on conviction be liable to —

(a) imprisonment for a term not exceeding 20 years; and

FOURTH CHARGE

That you, between 23 June 2014 and 19 December 2014 at AmIslamic Bank Berhad, Cawangan Jalan Raja Chulan, No. 55, Jalan Raja Chulan, Kuala Lumpur, in the Federal Territory of Kuala Lumpur, as an officer of a public body, to wit, Prime Minister and Minister of Finance of Malaysia and the Chairman of the Advisory Board of 1 Malaysia Development Berhad (1MDB), did use your position for a gratification for yourself amounting to RM49,930,985.70 by taking the following action to wit, on 20th August 2014, at 1MDB Office, Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, in the Federal Territory of Kuala Lumpur, you as the Chairman of 1MDB Advisory Board, directed 1MDB’s Board of Directors to approve 1MDB Energy Holdings Limited to obtain a loan through Term Loan Facility up to US$975,000,000.00 from Deutsche Bank AG for the purpose of 1MDB Energy Group IPO, in which you have direct interest, thereby you have committed an offence under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 [Act 694], punishable under Section 24(1) of the same Act.

Punishment:

Section 24(1) of the MACC Act 2009 [Act 694]

Any person who commits an offence under section 23 shall on conviction be liable to —

(a) imprisonment for a term not exceeding 20 years; and

Charges under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 [Act 613]

FIRST CHARGE

That you, on 22 March 2013 at AmIslamic Bank Berhad, Cawangan Jalan Raja Chulan, No. 55, Jalan Raja Chulan, Bukit Ceylon in the Federal Territory of Kuala Lumpur, did engage in money laundering, to wit, by receiving proceeds of unlawful activity totalling RM155,000,000.00 from account number 8550299001 belonging to Tanore Finance Corporation in Falcon Private Bank, Singapore, into AmIslamic Bank Berhad account number 2112022009694 belonging to you, thereby you have committed an offence under paragraph 4(1)(a)of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 [Act 613], punishable under subsection 4(1) of the same Act.

Penalty: