Too many laws broken by RM2.6b ‘donation’
Magnus: Okay, let’s assume the RM2.6 billion in PM Najib Razak’s bank accounts was really a political donation given to Umno by some amazingly generous foreign donor, as has been continually harped upon by those from Umno.Since Umno is a society in the form of a political party, I presume it must be a registered entity under the Societies Act 1966 (and as revised in 1987).
As such, Umno is required to submit an audited statutory annual return to the Registrar of Societies each year within 60 days after its AGM (annual general meeting) or if an AGM is not held, then within 60 days after the end of the calendar year.
Section 26(1) of the Act states that every registered society shall once every year submit its accounts for audit by an auditor approved generally or by the registrar.
Section 26(2) states that the auditor shall have access to all the books of the registered society and shall examine the annual return required by the Act and verify such annual return with the accounts and vouchers relating thereto and shall either sign the annual return as found by him/her to be correct, duly vouched and in accordance with law and the rules of the registered society, or specially report to the registered society in what respects s/he finds it incorrect, unvouched or not in accordance with law.
An auditor will, normally, only sign off a statutory annual return if the auditor is satisfied that it has been verified against a set of audited accounts that provide a true and fair view of the society’s state of affairs for the period covered by the annual return submitted.
So if the RM2.6 billion received was a political donation then it would have been included as income in Umno’s audited accounts for the accounting year in question (and covering March 2013) and would also have been included in the signed-off annual return for that same year that was submitted to the registrar in the time frame allowed.
Section 29 says members can request (a) a free copy of the last annual return or (b) can inspect a balance sheet or other document duly audited containing the same particulars as to the receipt and expenditure, funds and effects of the society as are contained in the annual return.
Section 30 gives members the right to inspect the books of the society at the society’s registered office or at any place where the books are kept.
So why not some members do a check and see if the annual return submitted for the 2013 calendar year in which the donation was received does in fact show a figure for income in that period of at least RM2.6 billion.
And if it does not, then Umno may have breached Sections 53, 54 and 54A and may be liable to face penalties for having furnished false information to the registrar and/or for misuse of money or property of a registered society.
Serious consequences may follow, like fines, suspension, prosecution, restitution, deregistration and dissolution. Oops?
Hytan: Virtually all the Umno ministers have said their piece relating to the humongous sum of RM2.6 billion found in the PM’s personal bank accounts, the latest being Tourism Minister Nazri Abdul Aziz, but it is seen that there is no consistency in their versions since none of them knew of this money until it was exposed by The Wall Street Journal.
Why has Najib not come forward to provide all the details relating to these funds if he has nothing to hide? Explain to the rakyat without further delay instead of waiting for the Malaysian Anti-Corruption Commission (MACC) to interview him.
Instead, he tried to quickly pull a fast one by claiming he was cleared of corruption when MACC had only said that the donation was not linked to 1MDB. Only a desperate man apparently needs to do this.
Since the expose by WSJ, Najib’s conduct has been most disappointing and irresponsible. He has lost the trust of the rakyat and is a total disgrace to the country.
StrainingGnats, SwallowCamels: “The (Middle Eastern) country donated to us (Umno) because they are a friendly nation that is not strong. (However), the US can influence us. It’s like a cousin who wants to see a party win the general elections,” said Nazri.
Minister, show us a nation that can “donate” US$700 million, and we will show you a leader in as much or even bigger trouble in his own country than Najib.
That individual will have more than used up all his political capital and credibility to lead in just one fell swoop.
Why would anyone do that? Certainly not altruism. Unless he is able to justify to his countrymen that, not just he the leader but the country itself, will gain from it in the very near future. A gain that’s multiple times larger than the US$700 million used in the GE?
But then how can that leader prove the gain, a rather dubious and extremely uncertain gain, don’t you think, if Najib was in such a dreadful position that he needed foreign intervention in the first place to even have a chance to win the GE?
How will he ever explain or sell this deal to his countrymen? Does he not face political opposition? Has he no political enemies? Why hand his own head on a silver platter to the opposition?
In fact, in the end, BN received only 47 percent of the popular vote in the midst of much controversy about the votes and the voting itself, not to mention all the spending and gerrymandering.
Sirach: Some people can justify the most dastardly crime with the most bizarre reasoning. They cannot tell right from wrong. Their moral compass is completely and utterly awry.
They see a black cat but will swear it is white if it suits their ends. Case in point: Nazri.
Debater: The question is not whether what the money is used for. According to our money laundering laws, if it was not reported, then it is illegal.
Anonymous #37634848: I have an offer of RM2 billion “donation” from a foreign country for my NGO but the donor wants it deposited in my personal bank account.
What are the legal implications if I accept it? Someone out there, please enlighten me.
Foreign donations – OK for Umno, not for others
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