Showing posts with label UBG Bank. Show all posts
Showing posts with label UBG Bank. Show all posts

Sunday, 10 April 2016

Are SC/BM not involved in 1MDB probe? (2)

I wrote before:


“There are three agencies involved, comprising the police which deal with cheating, criminal breach of trust and so on; the MACC (Malaysian Anti-Corruption Commission) which deals with corruption; and the central bank, BNM, that deals with aspects relating to our financial system and what contravention there has been of our rules [and] regulations, and our laws."

I definitely hope that the Securities Commission and/or Bursa Malaysia are included in the probe as well. Although 1MDB is not a listed company, the following companies are or were listed on Bursa:

  • Utama Banking Group Bhd
  • Cahaya Mata Sarawak Bhd
  • Putrajaya Perdana Bhd
  • Loh & Loh Corp Bhd
  • RHB Cap Bhd

I definitely should add AmBank to that list. This bank paid a penalty of RM 53.7 Million to Bank Negara, although the exact reason for it ("non-compliance with certain regulations") is very vague (here and here).

With the shareholders of AmBank being hit by the penalty, are they not allowed to know the exact facts regarding the non-compliance? Later this year, at the AGM, they have to vote about the Board of Directors, should they not know who was responsible for this issue?

More news regarding the UBG deal has been revealed by The Australian: "Email trail links banks to Malaysian scandal", some snippets:


Together with other information compiled by police in neighbouring Singapore, they also raise concerns that the UBG takeover may have ultimately benefited 1MDB adviser and UBG director Jho Low, who is close to the family of Malaysian Prime Minister Najib Razak, at the expense of ordinary Malaysians.

......

While AmBank told the world, through the Malaysian stock exchange, that PSI belonged to Obaid, internal bank emails obtained by The Weekend Australian show it was told the secrecy was necessary because Saudi royals were behind the company.

“PSI, a privately held company of the Royal Family of the Kingdom Saudi Arabia, is governed by the strictest confidentiality,” Ambank officer Daniel Lee was told in a March 18, 2010 email.

“As such, it is with regret that we are not able to provide you with access to PSI’s financials.”

Adding to the secrecy shrouding the deal, the email to Lee came from an anonymous Gmail ­account “project.unicorn1@ gmail.com”, operated by a person or persons calling themself “Team Project Unicorn”.

Even now, five years after PSI took control of UBG and delisted it from the Malaysian exchange, the identities of the person or people operating the email account remain unknown.

Saudi Arabian documents obtained by The Weekend Australian show that when PetroSaudi was set up in 2007 it was half-owned by Obaid and half by Saudi royal Prince Turki bin Abdullah. However, there is no indication Prince Turki was ever involved in PSI.

The Weekend Australian was also unable to verify the existence and status of PSI. It’s not listed on the Seychelles publicly available company register, and yesterday the country’s Financial Services Authority had yet to respond to a request for a more detailed search.

It is sometimes hard to tell who was on whose side during Project Unicorn.

In UBG’s corner, Low sat on the board as a representative of the Abu Dhabi-Kuwait-Malaysia Investment Corporation or ADKMIC, which owned a little over half of UBG — a stake it had bought from the Taib family.

Even though ADKMIC carries a name that makes it seem a fund from the oil-rich Middle East, police in Singapore have told Malaysian authorities that Low actually sits behind the British Virgin Islands company.

However, in UBG’s 2009 annual report, Low declared he owned no shares in UBG, either directly or indirectly.

......

Later in the year when PSI was mopping up minority shareholders, this would be directly contradicted in a statement to Malaysia’s stock exchange, Bursa Malaysia, describing Obaid as “the sole shareholder and director or PSI Seychelles”.

......

On January 12, 2011, almost a year after Team Project Unicorn set out the outlines of the deal, the UBG takeover was complete. With all shareholders paid out and the company now solely owned by PSI’s Malaysian subsidiary, Javace, UBG was delisted from Bursa Malaysia and dissolved.

At 2.50 ringgit a share, ADKMIC was entitled to 658m ringgit, or about $US195m.

But who got that money? When the UBG takeover was announced at the beginning of 2010, Malaysian state-owned newsagency Bernama reported ADKMIC shareholders included “prominent Middle-Eastern investors”. But police in neighbouring Singapore tell a different story. In March last year, Singapore Police’s Commercial Affairs Department told Malaysia’s central bank that an account held in ADKMIC’s name at the Singapore branch of Swiss bank BSI was “beneficially owned by Jho Low”.

Singapore Police allege that between June 2011 and September 2013 almost $529m flowed into the ADKMIC account from an account at RBS Coutts’ Zurich branch held by another company allegedly associated with Low and embroiled in the 1MDB scandal, Good Star.


The SC should have investigated these claims by now, the above might implicate serious breaches of the listing rules.

AmBank was of course also involved with the (in)famous "donation" of RM 2.6 Billion in the accounts of the PM.

But there might be more. According to blogger "jebatmustdie", there are issues with a RM 5 Billion bond from 1MDB (the article can be found here, readers in Malaysia might need a VPN to access it):


The terms and conditions of this RM5 billion bond had been clearly spelled out and that it could only be used according to Shariah principles.

Is sending money to Good Star Ltd in compliance to Shariah principles? What does Good Star do?

Securities Commission is the controller of bond issuance process. It also ensures compliance to documents when the bond was offered as well as the continuous monitoring that the terms and conditions are always being complied with.


In it's 2015 annual report, there is no mentioning at all of 1MDB, the elephant in the room

Thursday, 5 March 2015

1MDB's "attacks" politically motivated, who cares?

I wrote before about 1MDB and its new CEO Arul Kanda. A few snippets:


"Another thing that will serve the fund and its communication team well is to rid itself of the notion that all its critics have a political agenda.

That's undeservedly self righteous for a fund that has ratcheted up over RM40 Billion in debt, rolled over a RM2 billion debt three times over a year, switched auditors and bosses twice and is in the red to the tune of RM665 million in 2014."

I fully agree with this.

Definitely not a good start by the new CEO of 1MDB, the remark about political motives.


Sarawak Report has reported recently many new articles about 1MDB and related matters. At this moment of time we don't know if the allegations are true and if the huge amount of emails, documents etc. are indeed genuine (Sarawak Report claims to have thousands of supporting documents).

A reaction from 1MDB was very much needed and according to an article in The Star Arul Kanda stated:


"It is clear that the attacks being directed at 1MDB are politically motivated. These are deliberately coordinated attempts to undermine the company by spreading unsubstantiated allegations and speculation, which in turn could potentially harm the economy."


Again Arul Kanda seems to stress a possible political motive about the allegations. But honestly, who cares? 

There are two matters at hand:
  • Are the documents/emails etc. as specifically shown on Sarawak Reports website genuine?
  • Are the conclusions drawn from these documents correct? 

Arul Kanda should start by making a clear statement regarding the first matter, then at least we (interested observers) know were we stand. If they are not genuine, we don't have to bother with the conclusions. If they are genuine, then we can proceed with the second matter at hand.

This blog focusses more on corporate governance issues regarding listed companies, and one company in particular is mentioned in the articles, UBG Bank, here and here. There are several allegations in these articles regarding the deals in which UBG Bank was involved and its subsequent privatisation.

The authorities (SC and/or BM) should investigate these matters and check if all warranties and representations (made by all parties involved during that time) were indeed correct.


"1MDB welcomes the Prime Minister's request for the Auditor General to verify 1MDB's accounts, which have been audited by Deloitte, one of the world’s leading firms."


The verification by the Auditor General is of course welcomed, I hope that all findings will be published in a transparent way, for all to see, if possible backed by evidence.

The last part in the above sentence ("one of the world’s leading firms") is unfortunately not adding much value to the statement. Too many fraudulent companies all over the world (Malaysia is no exception) were audited by the "big four" (besides of course many being audited by other auditors, the "lesser" ones). Anyone still remembers Arthur Andersen? Much more information regarding this subject can be found here.