Charge sheets: 1MDB Global #1

PUBLIC PROSECUTOR V GOLDMAN SACHS INTERNATIONAL
(Company No.: 02263951)
(a company incorporated in the United Kingdom)

That you, Goldman Sachs International (Company No.: 02263951) (a company incorporated in the United Kingdom), as the Bookrunner and Arranger for the sale of US$3,000,000,000 44.4 per cent Notes due 2023 to be issued by 1MDB Global Investments Limited (Company No.: 1763997) (incorporated in the British Virgin Islands) (“1MDB GIL”) (“the Notes”), between 12 March 2013 to 11 November 2013, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, made the following untrue statement of a material fact in the Offering Circular dated 16 March 2013 for the Notes, to wit, “The Issuer will either on-lend all of the net proceeds of this Offering to ADMIC or use the net proceeds of the offering to fund its investment in ADMIC, which will be a 50:50 joint venture between the Issuer and Aabar.” made at page 24 under the heading “USE OF PROCEEDS”, and you have thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 182 of the same Act.

Punishment:
Upon conviction, shall be punished to:

(i) imprisonment for a term not exceeding ten years; and

(ii) a fine of not less than one million ringgit.

PUBLIC PROSECUTOR V Tim Leissner
(German Passport No.: C4KRWGMCK)

That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$3,000,000,000 4.4 per cent Notes due 2023 to be issued by 1MDB Global Investments Limited (Company No.: 1763997) (incorporated in the British Virgin Islands) (“1MDB GIL”) (“the Notes”), between 12 March 2013 to 11 November 2013, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, made the following untrue statement of a material fact in the Offering Circular dated 16 March 2013 for the Notes, to wit, “The Issuer will either on-lend all of the net proceeds of this Offering to ADMIC or use the net proceeds of the offering to fund its investment in ADMIC, which will be a 50:50 joint venture between the Issuer and Aabar.” made at page 24 under the heading “USE OF PROCEEDS”, and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 183 of the same Act, and that you, Tim Leissner (German Passport No.: C4KRWGMCK), had abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under Section 182 of the same Act.

Punishment:
Upon conviction, shall be punished to:

(i) imprisonment for a term not exceeding ten years; and

(ii) a fine of not less than one million ringgit.

PUBLIC PROSECUTOR V LOO AI SWAN
(NRIC No. 730613-14-5160)

That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$3,000,000,000 4.4 per cent Notes due 2023 to be issued by 1MDB Global Investments Limited (Company No.: 1763997) (incorporated in the British Virgin Islands) (“1MDB GIL”) (“the Notes”), between 12 March 2013 to 11 November 2013, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, made the following untrue statement of a material fact in the Offering Circular dated 16 March 2013 for the Notes, to wit, “The Issuer will either on-lend all of the net proceeds of this Offering to ADMIC or use the net proceeds of the offering to fund its investment in ADMIC, which will be a 50:50 joint venture between the Issuer and Aabar.” made at page 24 under the heading “USE OF PROCEEDS”, and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 183 of the same Act, and that you, Loo Ai Swan (NRIC No. 730613-14-5160), had abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under Section 182 of the same Act.

Punishment:
Upon conviction, shall be punished to:

(i) imprisonment for a term not exceeding ten years; and

(ii) a fine of not less than one million ringgit.

PUBLIC PROSECUTOR V LOW TAEK JHO
(NRIC No. 811104-07-5701)

That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$3,000,000,000 4.4 per cent Notes due 2023 to be issued by 1MDB Global Investments Limited (Company No.: 1763997) (incorporated in the British Virgin Islands) (“1MDB GIL”) (“the Notes”), between 12 March 2013 to 11 November 2013, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, made the following untrue statement of a material fact in the Offering Circular dated 16 March 2013 for the Notes, to wit, “The Issuer will either on-lend all of the net proceeds of this Offering to ADMIC or use the net proceeds of the offering to fund its investment in ADMIC, which will be a 50:50 joint venture between the Issuer and Aabar.” made at page 24 under the heading “USE OF PROCEEDS”, and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 183 of the same Act, and that you, Low Taek Jho (NRIC No. 811104-07-5701), had abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under Section 182 of the same Act.

Punishment:
Upon conviction, shall be punished to:

(i) imprisonment for a term not exceeding ten years; and

(ii) a fine of not less than one million ringgit.

PUBLIC PROSECUTOR V GOLDMAN SACHS (SINGAPORE) PTE
(Company No. 198602165W)
(a company incorporated in Singapore)

That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$3,000,000,000 4.4 per cent Notes due 2023 to be issued by 1MDB Global Investments Limited (Company No.: 1763997) (incorporated in the British Virgin Islands) (“1MDB GIL”) (“the Notes”), between 12 March 2013 to 11 November 2013, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, made the following untrue statement of a material fact in the Offering Circular dated 16 March 2013 for the Notes, to wit, “The Issuer will either on-lend all of the net proceeds of this Offering to ADMIC or use the net proceeds of the offering to fund its investment in ADMIC, which will be a 50:50 joint venture between the Issuer and Aabar.” made at page 24 under the heading “USE OF PROCEEDS”, and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 183 of the same Act, and that you, Goldman Sachs (Singapore) Pte (Company No. 198602165W) (a company incorporated in Singapore), had abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under Section 182 of the same Act.

Punishment:
Upon conviction, shall be punished to:

(i) imprisonment for a term not exceeding ten years; and

(ii) a fine of not less than one million ringgit.

PUBLIC PROSECUTOR V GOLDMAN SACHS (ASIA) LLC
(Company No.: F0006608)
(a company incorporated in Delaware, USA)

That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$3,000,000,000 4.4 per cent Notes due 2023 to be issued by 1MDB Global Investments Limited (Company No.: 1763997) (incorporated in the British Virgin Islands) (“1MDB GIL”) (“the Notes”), between 12 March 2013 to 11 November 2013, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, made the following untrue statement of a material fact in the Offering Circular dated 16 March 2013 for the Notes, to wit, “The Issuer will either on-lend all of the net proceeds of this Offering to ADMIC or use the net proceeds of the offering to fund its investment in ADMIC, which will be a 50:50 joint venture between the Issuer and Aabar.” made at page 24 under the heading “USE OF PROCEEDS”, and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 183 of the same Act, and that you, Goldman Sachs (Asia) LLC (Company No.: F0006608) (a company incorporated in Delaware, USA), had abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under Section 182 of the same Act.

Punishment:
Upon conviction, shall be punished to:

(i) imprisonment for a term not exceeding ten years; and

(ii) a fine of not less than one million ringgit. 
— theedgemarkets.com

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