Ministry of Finance Confirms Filing of Civil Suits by 1MDB and SRC International Sdn Bhd
In the government's continuing efforts to recover the losses suffered by 1Malaysia Development Berhad (“1MDB”) and SRC International Sdn Bhd (“SRC”), the Ministry of Finance hereby confirms that on 7 May 2021, legal representatives for both entities had filed a combined total of 22 civil suits. Six of these writs were filed by 1MDB, while 16 were by SRC for the recovery of assets with a combined total in excess of RM96.6 billion (USD23 billion), including approximately RM300 million against various local parties.
The writs filed by 1MDB are against a total of nine entities (including two foreign financial institutions) and 25 individuals for various wrongdoings including breach of contractual, statutory, common law and fiduciary duties; breach of trust; fraud; conspiracy to defraud; fraudulent misrepresentation; fraudulent breach of duties and trust; fraudulent concealment; fraudulent misappropriation; dishonest assistance in misappropriation of funds; negligence, knowing receipt and unjust enrichment.
The writs filed by SRC are against a total of 15 individuals and 8 entities for various wrongdoings including abuse of power, breach of fiduciary duties in public office, breach of trust, conspiracy, dishonest assistance, fraudulent breach of duties, knowing receipt, misfeasance and wrongful conversion. 1MDB and SRC contend that these entities and/or individuals have been unjustly enriched by wrongfully receiving monies from 1MDB or SRC.
Finance Minister Tengku Datuk Seri Utama Zafrul Tengku Abdul Aziz stated, "Following significant and successful settlements with Goldman Sachs, AmBank Group and Deloitte PLT, the Government’s recovery efforts are now focused on pursuing other wrongdoers who have caused losses to 1MDB and/or SRC during the execution of their duties, as parties directly or indirectly involved in 1MDB and/or SRC’s various operations and transactions. As previously mentioned, the government will not rest until all those involved are made fully accountable for the wrongdoings caused to the country through their involvement in 1MDB and/or SRC."
Malaysia had earlier received RM10.5 billion (USD2.5 billion) from Goldman Sachs in August 2020 with a further asset recovery guarantee of RM5.88 billion (USD1.4 billion). Soon, the Government will also receive RM2.83 billion from the Ambank Group and RM336 million (USD80 million) from Deloitte PLT. All proceeds from the 1MDB asset recovery efforts including any future settlements are deposited into the Asset Recovery Trust Account under the custody of the Accountant General’s Department of Malaysia. These settlements will not affect or compromise Malaysia’s claims against other wrongdoers for the losses caused to 1MDB and SRC, and they will continue to be pursued through both the criminal and civil justice systems.
The Ministry of Finance would like to thank the Attorney General’s Chambers, the Securities Commission Malaysia, Bank Negara Malaysia, the Royal Malaysian Police Force, the National Anti-Financial Crime Centre, the Malaysian Anti-Corruption Commission and the National Centre for Governance, Integrity and Anti-Corruption for their joint effort in bringing these wrongdoers to justice and recovering what rightfully belongs to the Malaysian people.
Ministry of Finance, Malaysia
10 May 2021