Monday, September 20, 2021

1MDB still unable to serve writ of summons to Jho Low, 5 others seeking US$3.7 billion

Its lawyer says none of the defendants is residing at their last known address.

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1MDB remains unable to serve the writ of summons seeking US$3.7837 billion from fugitive businessman Low Taek Jho or Jho Low, his family members and associate.

On July 6, 1MDB and its four subsidiaries – 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited and Global Diversified Investment Company Limited, formerly known as 1MDB Global Investments Limited – filed a suit against Jho Low, his parents Larry Low Hock Peng and Goh Gaik Ewe, his sister May Lin, his brother Taek Szen, and his associate Eric Tan Kim Loong.

A lawyer representing 1MDB said they had tried to serve the writ of summons to the defendants but could not do so as they were not residing at their last known address.

He said based on the writ, the last known address of Jho Low’s family was in Penang, while Tan’s was in Kepong.

“The court also set Sept 14 for the next case management to learn the status of the writ of summons,” he told reporters after today’s case management before High Court deputy registrar Nor Afidah Idris.

According to the writ, 1MDB is claiming US$661 million from Jho Low and US$41 million, US$397 million, US$608 million and US$1.9 billion from Jho Low and Tan respectively as well as US$325 million from Jho Low and his father Hock Peng.

1MDB Global Investments Limited is also seeking US$630 million from Hock Peng, Jho Low and Tan and US$2 million from Taek Szen, Jho Low and Tan.

The plaintiffs are also seeking US$3.5 million from May Lin and Jho Low and US$1.695 million from Goh Jho Low and Tan in connection with the purchase of jewellery and secret profits apart from US$25.5 million from Jho Low, Tan, Hock Peng and Taek Szen.

Based on the statement of claim, all of the plaintiffs claimed that they were manipulated by a group of individuals, including Najib Razak and the first defendant (Jho Low) to facilitate a large-scale and long-term fraud which resulted in billions of ringgit being fraudulently misappropriated into privately controlled accounts for the benefit of various fraudsters, including the defendants.

“In carrying out the fraud, multiple breaches of trust and/or fiduciary duties were committed by Najib, members of the board of directors and senior management of the plaintiffs.

“The funds and assets of the plaintiffs which were transferred to the defendants were misappropriated, with the knowledge of the defendants, in breach of trust and fiduciary duty,” said the plaintiffs.

They also claimed that Najib had abused his power and position to protect himself and cover up the fraud against the plaintiffs, among others by obstructing efforts to investigate and uncover evidence related to fraud and misconduct against the plaintiffs in Malaysia.

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