Wednesday 13 April 2016

!MDB matter: Extension of the Swiss criminal proceedings




Berne, Switzerland (April 13, 2016): As part of the criminal proceedings on suspicion of embezzlement committed against the Malaysian sovereign fund 1MDB (1Malaysia Development Berhad), the Office of the Attorney General of Switzerland (OAG) has extended its proceedings to two former
Emirati officials, in charge of Abu Dhabi sovereign funds.

The OAG also sent two requests for mutual legal assistance to Luxembourg and Singapore.

This indictment for fraud (Art. 146 Swiss Criminal Code / SCC), criminal mismanagement (Art.
158 SCC), misconduct in public office (Art. 314 SCC), forgery of a document (Art. 251 SCC),
bribery of foreign public officials (Art. 322septies SCC) and money laundering (Art. 305bis SCC) falls
within the Genting / Tanjong chapter, one of the four main chapter of the Swiss investigation
opened on August 14, 2015 (see OAG's press release of January 29, 2016).

1MDB subsidiaries issued two series of bonds to finance investments in electric power plants. This chapter of the proceedings covers the circumstances in which theses subsidiaries obtained the guarantee to repay these bonds from an Abu Dhabi sovereign fund.

The Swiss authorities have elements in hand allowing them to suspect that the amounts paid in
connection with this guarantee were not returned to the Abu Dhabi sovereign fund that supported
the commercial risk.

To the contrary, these funds would have benefited others, particularly two public officials concerned as well as a company related to the motion picture industry.

A former 1MDB body, already indicted in the Swiss proceedings has also benefited from these amounts.

As part of the Swiss criminal proceedings, and in particular the extension thereof, the OAG issued
two new requests for mutual legal assistance, to Luxembourg and Singapore.

Given the International cooperation, the OAG is thus working to establish the facts.
As for any defendant, the two Emirati public officials as the other defendants, are presumed
innocent.
Contact:
André Marty, Head of Communication & Public Affairs of the Office of the Attorney General of
Switzerland, +41 58 464 32 40; info@ba.admin.com.

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