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

That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Arranger for the sale of US$1,750,000,000 5.75% Guaranteed Notes due 2022 to be issued by 1MDB Energy (Langat) Limited (Company No.: LL09125) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 10 August 2012 and 17 October 2012, 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, omitted to state the following material facts, to wit:

(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy (Langat) Limited;

(ii) 1MDB Energy Holdings Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had signed a Collaboration Agreement For Credit Enhancement dated 19 October 2012 wherein 1MDB Energy Holdings Limited agreed to procure 1MDB Energy (Langat) Limited to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy (Langat) Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes; and

(iii) 1MDB Energy (Langat) Limited and Aabar Investments PJS had signed a Collaboration Agreement (Option) dated 17 October 2012 wherein 1MDB Energy (Langat) Limited granted to Aabar Investments PJS the option to purchase up to 49% of the shares owned by 1MDB Energy (Langat) Limited in 1MDB Energy Langat Sdn Bhd in consideration of Aabar Investments PJS procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy (Langat) Limited in respect of the Notes,

which were necessary in order to make the following statements made in the Private Placement Memorandum dated 17 October 2012 for the Notes, to wit:

(i) statements on “MANAGEMENT OF THE GUARANTOR” made at pages 48 to 51;

(ii) statements on “USE OF PROCEEDS” made at page 20;

(iii) “In connection with the strategic alliance that the Guarantor has with the IPIC Group, the Issuer has granted a call option in favour of the Nominated Subsidiary or its subsidiaries in relation to certain of the shares the Issuer holds in 1MDB Energy (Langat) (the “1MDB Energy (Langat) Call Option Shares”)” made at page 30; and

(iv) “The Notes have the benefit of a guarantee from 1Malaysia Development Berhad, a company incorporated in Malaysia with limited liability and which is wholly-owned by the Government of Malaysia (the “Guarantor”) under which the Guarantor unconditionally and irrevocably guarantees the payment of all sums expressed to be payable from time to time by the Issuer.” made at page 61,

not misleading,

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 Arranger for the sale of US$1,750,000,000 5.75% Guaranteed Notes due 2022 to be issued by 1MDB Energy (Langat) Limited (Company No.: LL09125) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 10 August 2012 and 17 October 2012, 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, omitted to state the following material facts, to wit:

(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy (Langat) Limited;

(ii) 1MDB Energy Holdings Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had signed a Collaboration Agreement For Credit Enhancement dated 19 October 2012 wherein 1MDB Energy Holdings Limited agreed to procure 1MDB Energy (Langat) Limited to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy (Langat) Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes; and

(iii) 1MDB Energy (Langat) Limited and Aabar Investments PJS had signed a Collaboration Agreement (Option) dated 17 October 2012 wherein 1MDB Energy (Langat) Limited granted to Aabar Investments PJS the option to purchase up to 49% of the shares owned by 1MDB Energy (Langat) Limited in 1MDB Energy Langat Sdn Bhd in consideration of Aabar Investments PJS procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy (Langat) Limited in respect of the Notes,

which were necessary in order to make the following statements made in the Private Placement Memorandum dated 17 October 2012 for the Notes, to wit:

(i) statements on “MANAGEMENT OF THE GUARANTOR” made at pages 48 to 51;

(ii) statements on “USE OF PROCEEDS” made at page 20;

(iii) “In connection with the strategic alliance that the Guarantor has with the IPIC Group, the Issuer has granted a call option in favour of the Nominated Subsidiary or its subsidiaries in relation to certain of the shares the Issuer holds in 1MDB Energy (Langat) (the “1MDB Energy (Langat) Call Option Shares”)” made at page 30; and

(iv) “The Notes have the benefit of a guarantee from 1Malaysia Development Berhad, a company incorporated in Malaysia with limited liability and which is wholly-owned by the Government of Malaysia (the “Guarantor”) under which the Guarantor unconditionally and irrevocably guarantees the payment of all sums expressed to be payable from time to time by the Issuer.” made at page 61,

not misleading,

and 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, 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 Arranger for the sale of US$1,750,000,000 5.75% Guaranteed Notes due 2022 to be issued by 1MDB Energy (Langat) Limited (Company No.: LL09125) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 10 August 2012 and 17 October 2012, 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, omitted to state the following material facts, to wit:

(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy (Langat) Limited;

(ii) 1MDB Energy Holdings Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had signed a Collaboration Agreement For Credit Enhancement dated 19 October 2012 wherein 1MDB Energy Holdings Limited agreed to procure 1MDB Energy (Langat) Limited to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy (Langat) Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes; and

(iii) 1MDB Energy (Langat) Limited and Aabar Investments PJS had signed a Collaboration Agreement (Option) dated 17 October 2012 wherein 1MDB Energy (Langat) Limited granted to Aabar Investments PJS the option to purchase up to 49% of the shares owned by 1MDB Energy (Langat) Limited in 1MDB Energy Langat Sdn Bhd in consideration of Aabar Investments PJS procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy (Langat) Limited in respect of the Notes,

which were necessary in order to make the following statements made in the Private Placement Memorandum dated 17 October 2012 for the Notes, to wit:

(i) statements on “MANAGEMENT OF THE GUARANTOR” made at pages 48 to 51;

(ii) statements on “USE OF PROCEEDS” made at page 20;

(iii) “In connection with the strategic alliance that the Guarantor has with the IPIC Group, the Issuer has granted a call option in favour of the Nominated Subsidiary or its subsidiaries in relation to certain of the shares the Issuer holds in 1MDB Energy (Langat) (the “1MDB Energy (Langat) Call Option Shares”)” made at page 30; and

(iv) “The Notes have the benefit of a guarantee from 1Malaysia Development Berhad, a company incorporated in Malaysia with limited liability and which is wholly-owned by the Government of Malaysia (the “Guarantor”) under which the Guarantor unconditionally and irrevocably guarantees the payment of all sums expressed to be payable from time to time by the Issuer.” made at page 61,

not misleading,

and 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, 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 Arranger for the sale of US$1,750,000,000 5.75% Guaranteed Notes due 2022 to be issued by 1MDB Energy (Langat) Limited (Company No.: LL09125) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 10 August 2012 and 17 October 2012, 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, omitted to state the following material facts, to wit:

(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy (Langat) Limited;

(ii) 1MDB Energy Holdings Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had signed a Collaboration Agreement For Credit Enhancement dated 19 October 2012 wherein 1MDB Energy Holdings Limited agreed to procure 1MDB Energy (Langat) Limited to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy (Langat) Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes; and

(iii) 1MDB Energy (Langat) Limited and Aabar Investments PJS had signed a Collaboration Agreement (Option) dated 17 October 2012 wherein 1MDB Energy (Langat) Limited granted to Aabar Investments PJS the option to purchase up to 49% of the shares owned by 1MDB Energy (Langat) Limited in 1MDB Energy Langat Sdn Bhd in consideration of Aabar Investments PJS procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy (Langat) Limited in respect of the Notes,

which were necessary in order to make the following statements made in the Private Placement Memorandum dated 17 October 2012 for the Notes, to wit:

(i) statements on “MANAGEMENT OF THE GUARANTOR” made at pages 48 to 51;

(ii) statements on “USE OF PROCEEDS” made at page 20;

(iii) “In connection with the strategic alliance that the Guarantor has with the IPIC Group, the Issuer has granted a call option in favour of the Nominated Subsidiary or its subsidiaries in relation to certain of the shares the Issuer holds in 1MDB Energy (Langat) (the “1MDB Energy (Langat) Call Option Shares”)” made at page 30; and

(iv) “The Notes have the benefit of a guarantee from 1Malaysia Development Berhad, a company incorporated in Malaysia with limited liability and which is wholly-owned by the Government of Malaysia (the “Guarantor”) under which the Guarantor unconditionally and irrevocably guarantees the payment of all sums expressed to be payable from time to time by the Issuer.” made at page 61,

not misleading,

and 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, 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 Arranger for the sale of US$1,750,000,000 5.75% Guaranteed Notes due 2022 to be issued by 1MDB Energy (Langat) Limited (Company No.: LL09125) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 10 August 2012 and 17 October 2012, 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, omitted to state the following material facts, to wit:

(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy (Langat) Limited;

(ii) 1MDB Energy Holdings Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had signed a Collaboration Agreement For Credit Enhancement dated 19 October 2012 wherein 1MDB Energy Holdings Limited agreed to procure 1MDB Energy (Langat) Limited to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy (Langat) Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes; and

(iii) 1MDB Energy (Langat) Limited and Aabar Investments PJS had signed a Collaboration Agreement (Option) dated 17 October 2012 wherein 1MDB Energy (Langat) Limited granted to Aabar Investments PJS the option to purchase up to 49% of the shares owned by 1MDB Energy (Langat) Limited in 1MDB Energy Langat Sdn Bhd in consideration of Aabar Investments PJS procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy (Langat) Limited in respect of the Notes,

which was necessary in order to make the following statements made in the Private Placement Memorandum dated 17 October 2012 for the Notes, to wit:

(i) statements on “MANAGEMENT OF THE GUARANTOR” made at pages 48 to 51;

(ii) statements on “USE OF PROCEEDS” made at page 20;

(iii) “In connection with the strategic alliance that the Guarantor has with the IPIC Group, the Issuer has granted a call option in favour of the Nominated Subsidiary or its subsidiaries in relation to certain of the shares the Issuer holds in 1MDB Energy (Langat) (the “1MDB Energy (Langat) Call Option Shares”)” made at page 30; and

(iv) “The Notes have the benefit of a guarantee from 1Malaysia Development Berhad, a company incorporated in Malaysia with limited liability and which is wholly-owned by the Government of Malaysia (the “Guarantor”) under which the Guarantor unconditionally and irrevocably guarantees the payment of all sums expressed to be payable from time to time by the Issuer.” made at page 61,

not misleading,

and 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, 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 Arranger for the sale of US$1,750,000,000 5.75% Guaranteed Notes due 2022 to be issued by 1MDB Energy (Langat) Limited (Company No.: LL09125) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 10 August 2012 and 17 October 2012, 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, omitted to state the following material facts, to wit:

(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy (Langat) Limited;

(ii) 1MDB Energy Holdings Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had signed a Collaboration Agreement For Credit Enhancement dated 19 October 2012 wherein 1MDB Energy Holdings Limited agreed to procure 1MDB Energy (Langat) Limited to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy (Langat) Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes; and

(iii) 1MDB Energy (Langat) Limited and Aabar Investments PJS had signed a Collaboration Agreement (Option) dated 17 October 2012 wherein 1MDB Energy (Langat) Limited granted to Aabar Investments PJS the option to purchase up to 49% of the shares owned by 1MDB Energy (Langat) Limited in 1MDB Energy Langat Sdn Bhd in consideration of Aabar Investments PJS procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy (Langat) Limited in respect of the Notes,

which was necessary in order to make the following statements made in the Private Placement Memorandum dated 17 October 2012 for the Notes, to wit:

(i) statements on “MANAGEMENT OF THE GUARANTOR” made at pages 48 to 51;

(ii) statements on “USE OF PROCEEDS” made at page 20;

(iii) “In connection with the strategic alliance that the Guarantor has with the IPIC Group, the Issuer has granted a call option in favour of the Nominated Subsidiary or its subsidiaries in relation to certain of the shares the Issuer holds in 1MDB Energy (Langat) (the “1MDB Energy (Langat) Call Option Shares”)” made at page 30; and

(iv) “The Notes have the benefit of a guarantee from 1Malaysia Development Berhad, a company incorporated in Malaysia with limited liability and which is wholly-owned by the Government of Malaysia (the “Guarantor”) under which the Guarantor unconditionally and irrevocably guarantees the payment of all sums expressed to be payable from time to time by the Issuer.” made at page 61,

not misleading,

and 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, 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. 
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