1 MDB's 3-tiered governance raises presumption that advisors, directors, CEO, were aware of funds flowing from company to chairman's personal accounts
by Ganesh Sahathevan
The issue of the Sarawak Report, WSJ expose of a movement of some USD 700 million in funds from 1 MDB to the private accounts of Malaysia's Prime Minister Najib Razak is highly emotive but as I have mentioned in my prior post, 1 MDB and the PMO's initial responses leave open the door to other plausible but no less damaging allegations.
Since that post, the Attorney-General of Malaysia has all but confirmed the substance of the SR and WSJ stories; that is that there has been a movement of funds from 1 MDB to the private accounts of Najib Razak.
Consequently, given that 1 MDB has a three-tiered system of governance the company, its advisors directors and its CEO Arul Kandasamy must all be presumed to have had knowledge of the transactions referred to. Given the sums involved,given the quantum of the liability or liabilities, real and contingent, that have arisen as a result of the transactions, denial raises questions of negligence, fraud, or both.
Arul Kandsamy's "1MDB is not aware of any such transactions, nor has it seen any documents to this effect" suggests very poor management , if not willful negligence. Once again, the Attorney-General of Malaysia has all but confirmed the substance of the SR and WSJ stories and the existence of the documents ,at leats some of which emanate from 1 MDB.
It should be remembered that the 1 MDB denail was made when the PMO itself said: "The prime minister has not taken any funds for personal use." The PMO's statement did refer to the 1 MDB denial,but when it is Najib Razak himself who is at both ends of the series of transactions, the 1 MDB denial and that of Arul Kanda must be considered somewhat hollow.
NOTES The following are extracts from 1 MDB's website.The headline statement is taken to mean that all three levels ,the Senior Leadership Team, the Board of Directors, and the Board of Advisors, are all components of the the company's structure of governance.Any argument to the contrary which may be based on the ordinary understanding of corporate governance cannot hold against a statement by the company itself :
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