Malaysia

Enforcement Actions taken by Labuan Financial Services Authority on Labuan Licensed Entities, dated August 18th, 2021.

Business Restrictions on Labuan Licensed Entities by Labuan Financial Services Authority, dated August 16th, 2021.

Liquidation Application regarding an alleged debt of $96 million in Rich Crown International Industries Ltd., of Hong Kong, v. Asia Elite Investment Ltd., of the British Virgin Islands, at the British Virgin Islands High Court.

News Release by the United Kingdom's Serious Fraud Office entitled "SFO enters into £103M DPA with Amec Foster Wheeler Energy Limited" regarding "the use of corrupt agents in the oil and gas sector" involving an alleged scheme involving Brazil, India, Malaysia, Nigeria, and Saudi Arabia.

Judgment regarding allegations of bribery involving Brazil, India, Nigeria, Malaysia, and Saudi Arabia in the United Kingdom's Serious Fraud Office v. Amec Foster Wheeler Energy Limited at Southwark Crown Court, in England.

Deferred Prosecution Agreement regarding allegations of bribery involving Brazil, India, Malaysia, Nigeria, and Saudi Arabia in the United Kingdom's Serious Fraud Office v. Amec Foster Wheeler Energy Limited at Southwark Crown Court, in England.

Winding Up Petition in the matter of CAA Resources Limited, described as a Cayman Islands-domiciled, Hong Kong-based company whose shares are listed on the Hong Kong Stock Exchange and which is "unable to pay" debts of US$182 million, at the Grand Court of the Cayman Islands.

Public Notice by the Labuan Financial Services Authority that a court in Malaysia has ordered the winding up of Best Re (L) Limited.

Enforcement Actions taken by the Labuan Financial Services Authority on Labuan Licensed Entities, April 2021.

Winding Up Order in Cayman Islands Monetary Authority v. Premier Assurance Group SPC Ltd. at the Grand Court of the Cayman Islands.

Public Notice by the Securities Commission Malaysia that "the Kuala Lumpur High Court declared in favour of the SC" against RBTR Asset Management Berhad, of Malaysia; Locke Guaranty Trust Limited, of New Zealand; Locke Capital Investments (BVI) Ltd., of the British Virgin Islands; Isaac Paul Ratnam, Nicholas Chan Weng Sung and Joseph Lee Chee Hock.

Application by Sime Darby Plantation Berhad, described as "a publicly traded Malaysian company and the world's largest manufacturer of sustainable palm oil", to take discovery from Duncan Jepson "in connection with an ongoing investigation being conducted by the Malaysian Securities Commission", filed at the U. S. District Court for the Eastern District of Virginia.

Public Notice by the Labuan Financial Services Authority that it has suspended the directorship of Oliver Bellenhaus, a citizen of Germany, in Adaugusta Limited.

Chapter 11 petitions by companies in Angola, Bermuda, Brazil, Canada, Hong Kong, Hungary, Liberia, Luxembourg, Malaysia, Mexico, Netherlands, Nigeria, Singapore, United Arab Emirates, United Kingdom, and the United States, specifically Seadrill Limited, Seadrill Limited, Asia Offshore Drilling Limited, Asia Offshore Rig 1 Limited, Asia Offshore Rig 2 Limited, Asia Offshore Rig 3 Limited, Eastern Drilling AS, North Atlantic Alpha Ltd., North Atlantic Elara Ltd., North Atlantic Epsilon Ltd., North Atlantic Linus Charterer Ltd., North Atlantic Navigator Ltd., North Atlantic Phoenix Ltd., North Atlantic Venture Ltd., Scorpion Courageous Ltd., Scorpion Deepwater B.V., Scorpion Deepwater Ltd., Scorpion Drilling Ltd., Scorpion Freedom Ltd., Scorpion International Ltd., Scorpion Nederlandse B.V., Scorpion Offshore Inc., Scorpion Resolute Ltd., Scorpion Rigs Ltd., Scorpion Servicos Offshore Ltda, Scorpion USA Expats, Inc., Scorpion Vigilant Ltd., SDS Drilling Ltd., Sea Dragon de Mexico S de R.L. de CV, Seadrill Abu Dhabi Operations Limited, Seadrill Americas, Inc., Seadrill Angola LDA, Seadrill Ariel Ltd., Seadrill Australia Pte Ltd., Seadrill Brunei Ltd., Seadrill Callisto Ltd., Seadrill Carina Ltd., Seadrill Castor Ltd., Seadrill Castor Pte Ltd., Seadrill Common Holdings Ltd., Seadrill Cressida Ltd., Seadrill Deepwater Charterer Ltd., Seadrill Deepwater Contracting Ltd., Seadrill Deepwater Crewing Ltd., Seadrill Deepwater Holdings Ltd., Seadrill Deepwater Units Pte Ltd., Seadrill Dione Ltd., Seadrill Eclipse Ltd., Seadrill Eminence Ltd., Seadrill Equatorial Guinea Ltd., Seadrill Europe Management AS, Seadrill Far East Limited, Seadrill Freedom Ltd., Seadrill GCC Operations Ltd., Seadrill Gemini Ltd., Seadrill Global Services Ltd., Seadrill Gulf Operations Neptune LLC, Seadrill Holdings Singapore Pte Ltd., Seadrill Hyperion Ltd., Seadrill Indonesia Ltd., Seadrill Insurance Ltd., Seadrill International Resourcing DMCC, Seadrill Investment Holding Company Limited, Seadrill Jack Up Holding Ltd., Seadrill Jack Up I B.V., Seadrill Jack Up II B.V., Seadrill Jack-Ups Contracting Ltd., Seadrill Jupiter Ltd., Seadrill Labuan Ltd., Seadrill Management (S) Pte Ltd., Seadrill Management AME Ltd., Seadrill Management Ltd., Seadrill Mimas Ltd., Seadrill Mira Hungary Kft., Seadrill Mira Ltd., Seadrill Neptune Hungary Kft., Seadrill Newfoundland Operations Ltd., Seadrill Nigeria Operations Limited, Seadrill North Atlantic Holdings Limited, Seadrill North Sea Crewing Ltd., Seadrill Norway Crew AS, Seadrill Norway Operations Ltd., Seadrill Offshore AS, Seadrill Offshore Malaysia Sdn. Bhd., Seadrill Offshore Nigeria Limited, Seadrill Operations de Mexico S de R.L. de CV, Seadrill Orion Ltd., Seadrill Pegasus (S) Pte Ltd., Seadrill Prospero Ltd., Seadrill Proteus Ltd., Seadrill Rhea Ltd., Seadrill Rig Holding Company Limited, Seadrill Saturn Ltd., Seadrill Saudi I B.V., Seadrill Saudi II B.V., Seadrill Servicos de Petroleos Ltda., Seadrill Sevan Holdings Limited, Seadrill Telesto Ltd., Seadrill Tellus Ltd., Seadrill Tethys Ltd., Seadrill Titan Ltd., Seadrill Titania Sarl, Seadrill Treasury UK Limited, Seadrill Triton Ltd., Seadrill Tucana Ltd., Seadrill UK Ltd., Seadrill UK Operations Ltd., Seadrill UK Support Services Ltd., Seadrill Umbriel Ltd., Sevan Brasil Ltd., Sevan Developer Ltd., Sevan Driller Ltd., Sevan Drilling Limited, Sevan Drilling North America LLC, Sevan Drilling Pte Ltd., Sevan Drilling Rig II AS, Sevan Drilling Rig II Pte Ltd., Sevan Drilling Rig IX Pte Ltd., Sevan Drilling Rig V Pte Ltd., Sevan Louisiana Hungary Kft., and Sevan Marine Servicos de Perfuracao Ltda at the U. S. Bankruptcy Court for the Southern District of Texas.

Complaint alleging a $4.6 million fraud involving Personal Protection Equipment to protect against COVID-19 in Remcoda LLC v. Ridge Hill Trading (Pty) Ltd., of Melbourne, Australia; Ataraxia Capital Partners Pty Ltd., of Sri Lanka; De Raj Group AG, of Germany; Petrichor Capital SDN BHD, of Malaysia; Petrichor Capital Trading Limited, of the United Kingdom; Vaidyanathan Mulandram Nateshan, described as a resident of India; Gayathri Vaidyanathan, described as a resident of India; Menusha Gunawardhana, described as a resident of Sri Lanka, and Vincent Fletcher, described as a resident of the United Kingdom, at the U. S. District Court for the Southern District of New York.

Originating Application in Yuk Wai Cheong, of Malaysia v. MyBiz International Limited at the British Virgin Islands High Court.

Order granting a request for international judicial assistance to obtain evidence in the Cayman Islands from Bell Rock Group Financial Services Limited, Campbell Corporate Services Limited, CO Services Cayman Limited, DMS Corporate Services Ltd., Forbes Hare Trust Company Limited, Genesis Trust & Corporate Services Ltd., Harneys Services (Cayman) Limited, now known as Harneys Fiduciary (Cayman) Limited; Intertrust Corporate Services (C.I.) Limited, now known as Intertrust Corporate Services (Cayman) Limited; Ocorian (Cayman) Limited, Sterling Trust (Cayman) Limited, Trident Trust Company (Cayman) Limited, Vistra (Cayman) Limited, and Walkers Corporate Limited for legal proceedings in Canada, Dubai, England, Malaysia, and the USA brought by Skatteforvaltningen, a.k.a. SKAT, which is Denmark's tax collection agency, issued at the Grand Court of the Cayman Islands.

Chapter 11 Bankruptcy Petition by Seadrill Polaris Ltd., of Bermuda; Seadrill Partners LLC, of England; Seadrill OPCO Sub LLC, of England; Seabras Rig Holdco Kft., of Hungary; Seadrill Operating GP LLC, of England; Seadrill Auriga Hungary Kft., of Hungary; Seadrill Operating LP, of the Marshall Islands; Seadrill Canada Ltd., of Canada; Seadrill Partners B.V., of the Netherlands; Seadrill Capricorn Holdings LLC, of the Marshall Islands; Seadrill Partners Finco LLC, of England; Seadrill China Operations Ltd., of Luxembourg; Seadrill Partners Malaysia Sdn. Bhd., of Malaysia; Seadrill Deepwater Drillship Ltd., of England; Seadrill Partners Operating LLC, of the Marshall Islands; Seadrill Ghana Operations Ltd., of England; Seadrill Mobile Units (Nigeria) Ltd., of Nigeria; Seadrill T-15 Ltd., of Bermuda; Seadrill Gulf Operations Auriga LLC, of England; Seadrill T-16 Ltd., of Bermuda; Seadrill Gulf Operations Sirius LLC, of England; Seadrill Texas LLC, of England; Seadrill Gulf Operations Vela LLC, of England; Seadrill US Gulf LLC, of England; Seadrill Hungary Kft., of Hungary; Seadrill Vela Hungary Kft., of Hungary; Seadrill International Ltd., of England; Seadrill Vencedor Ltd., of Bermuda, and Seadrill Leo Ltd., of England, at the U. S. Bankruptcy Court for the Southern District of Texas.

Amended Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the Cayman Islands by Jeffrey Stower and Jason Robinson, of KPMG, as the Foreign Representatives of Premier Assurance Group SPC Ltd. (in Provisional Liquidation), at the U. S. Bankruptcy Court for the Southern District of Florida.

Decision by the National Futures Authority imposing a permanent ban on Dafex Global Ltd., of Colorado, described as "a former NFA Member and current CFTC-registered commodity pool operator and commodity trading advisor that operates mainly from Malaysia", for "engaging in a deceitful course of conduct to obtain NFA membership and CFTC registration and willfully submitting misleading information to NFA". Editor's Note: Research by OffshoreAlert showed that Dafex Global Ltd. has an affiliate with the same name in England and Wales, where Companies House records identify its sole director as Nithyanandan Pushparaja, a citizen and resident of Malaysia who is also the registered agent for the Colorado company, and a former director as Enhe Wang, a citizen and resident of China, who resigned on March 23rd, 2020.

Complaint in Proximity Aerospace Ltd., of Labuan, for itself and as assignee of certain rights and interests of JetSmart Aviation Ltd., of the Seychelles v. Stellar Aviation Company Inc., of Delaware, at the U. S. District Court for the Southern District of Florida.

Winding Up Petition in Cayman Islands Monetary Authority v. Premier Assurance Group SPC Ltd. at the Grand Court of the Cayman Islands.

Joint Statement by Singapore's Attorney General, Police Force, and Monetary Authority that they have imposed a fine of $122 million on Goldman Sachs (Singapore) Pte. "for its role" in bond offerings by 1Malaysia Development Berhad, a.k.a. 1MDB.

Administrative Order by the U. S. Securities and Exchange Commission imposing penalties totaling $1.06 billion on The Goldman Sachs Group, Inc. regarding "a scheme perpetrated by now former senior employees of Goldman Sachs who authorized and paid bribes and kickbacks to government officials in Malaysia and the Emirate of Abu Dhabi in order to secure lucrative business for the Company and benefits for themselves" involving 1Malaysia Development Berhad, a.k.a. 1MDB.

Deferred Prosecution Agreement regarding allegations of conspiracy to violate the Foreign Corrupt Practices Act involving Malaysia Development Berhad in USA v. The Goldman Sachs Group Inc. at the U. S. District Court for the Eastern District of New York.

Plea Agreement regarding a conspiracy to violate the Foreign Corrupt Practices Act involving 1Malaysia Development Berhad, a.k.a. 1MDB, in USA v. Goldman Sachs (Malaysia) Sdn. Bhd. at the U. S. District Court for the Eastern District of New York.

Criminal Information alleging conspiracy to violate the Foreign Corrupt Practices Act involving Malaysia Development Berhad in USA v. The Goldman Sachs Group Inc. at the U. S. District Court for the Eastern District of New York.

Criminal Information alleging conspiracy to violate the Foreign Corrupt Practices Act involving 1Malaysia Development Berhad, a.k.a. 1MDB, in USA v. Goldman Sachs (Malaysia) Sdn. Bhd. at the U. S. District Court for the Eastern District of New York.

Statement of Disciplinary Action by the Securities and Futures Commission of Hong Kong imposing a fine of US$350 million on Goldman Sachs (Asia) LLC regarding 1Malaysia Development Berhad, a.k.a. 1MDB.

Final Notice imposing a fine of £48 million on Goldman Sachs International regarding a "bribery and misconduct" scheme involving 1Malaysia Development Berhad, a.k.a. 1MDB.

Final Notice by the Bank of England's Prudential Regulation Authority imposing a fine of £48.3 million on Goldman Sachs International, described as "an investment banking, securities and investment management firm headquartered in London", regarding allegations of "bribery and misconduct" involving 1Malaysia Development Berhad.

Petition for the Court to sanction a Scheme of Arrangement in the matter of TEM Holdings Limited, described as the "investment holding company" for a group that is "principally engaged in the manufacture and sale of wire/cable harnesses and power supply cords assembled products, with its manufacturing operations in Malaysia and the People's Republic of China, and trading of terminals, connectors and others", at the Grand Court of the Cayman Islands.

Reasons for Judgment regarding the appointment of Controllers in the Cayman Islands Monetary Authority v. Premier Assurance Group SPC Ltd. at the Grand Court of the Cayman Islands.

Florida residents Jorge Falcon and Leonardo Cornide used insolvent Cayman Islands-domiciled Premier Assurance Group SPC as their own "piggy bank", Cayman's financial regulator has claimed.

Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the Cayman Islands by Jeffrey Stower and Jason Robinson, as the Foreign Representatives of Premier Assurance Group SPC Ltd. (in Controllership), at the U. S. Bankruptcy Court for the Southern District of Florida. Editor's Note: The "Foreign Main Proceeding" in this matter, which includes allegations of fraud, was filed under seal at the Grand Court of the Cayman Islands on September 17th, 2020 and remains sealed as of today, with the entry in the Court's public register reading "Confidential Matter". It is often only when Cayman insolvency practitioners seek recognition in the United States that the mere existence of cases becomes publicly-known.

Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad ("1MDB"), a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. All Funds Held in Escrow by Clyde & Co. in the United Kingdom as Damages for Restitution in 'PetroSaudi Oil Services (Venezuela) Ltd. v. PDVSA Servicios S.A. et al' UNCITRAL Arbitration at the U. S. District Court for the Central District of California.

Plea Agreement regarding the defendant's "work on behalf of a foreign national and a foreign minister for the purpose of lobbying the Administration of the President of the United States and the United States Department of Justice to drop an investigation into the foreign national and arrange for the removal and return of a separate foreign national to a foreign nation" in USA v. Nickie Mali Lum Davis at the U. S. District Court for the District of Hawaii.

Complaint in National Futures Authority v. Dafex Global Ltd. and Yury Epstein.

Originating Summons in Nkwe Platinum Limited, of Bermuda v. Glendina Limited, of Australia, as Trustee of the Sunset Superannuation Fund; Genorah Resources Proprietary Limited, of South Africa, and 456 individual defendants from Australia, Germany, Isle of Man, Malaysia, New Zealand, Sweden, Thailand, United Kingdom, and United States at Bermuda Supreme Court.

Criminal Information regarding the "lobbying of the President of the United States, his Administration and the United States Department of Justice to drop the investigation of Foreign National A for his role in the embezzlement of billions of dollars from 1Malaysia Development Berhad" in USA v. Nickie Mali Lum Davis at the U. S. District Court for the District of Hawaii.

Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia"  in USA v. Funds allegedly associated with Khadem Abdulla Al Qubais, a citizen of the United Arab Emirates, held in the names of Vasco Investments Services SA, of the British Virgin Islands, and Eagle Strategic Investment Fund at Bank Privée Edmond de Rothschild, in Luxembourg, at the U. S. District Court for the Central District of California.

Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. Funds associated with Jasmine Loo Ai Swan, a citizen of Malaysia, in the name of River Dee International SA, of the British Virgin Islands, at Falcon Private Bank Ltd., in Switzerland, at the U. S. District Court for the Central District of California.

Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. One Portrait Entitled 'Round Jackie' By Andy Warhol, "previously owned" by Kasseem Dean, a.k.a. Swiss Beatz, a hip hop musician residing in New Jersey, that is "currently in the custody of the United States Marshals Service" at the U. S. District Court for the Central District of California.

Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. One Painting Entitled 'Colored Campbell's Soup Can (Emerald Green), 1965' by Andy Warhol and One Painting entitled 'Vétheuil au Soleil' by Claude Monet, both "currently located n Switzerland", at the U. S. District Court for the Central District of California.

Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. One Drawing Entitled 'Self-Portrait' by Jean-Michel Basquiat, "previously owned by Christopher Joey McFarland", a co-producer of 'The Wolf of Wall Street' movie, at the U. S. District Court for the Central District of California.

Forfeiture Complaint regarding "assets involved in and traceable to an international conspiracy to, among other things, launder money misappropriated from 1Malaysia Development Berhad, a strategic investment and development company wholly-owned by the government of Malaysia" in USA v. Real Property Located in Paris, France Titled In The Name Of Ave Raphael (Paris) SCI at the U. S. District Court for the Central District of California.

Originating Application in Hilong Oil Service Ltd., of Labuan v. POLY-GCL Petroleum Investments Limited, of the British Virgin Islands, at the British Virgin Islands High Court.

Application to appoint a liquidator in Malayan Banking Berhad, of Malaysia v. Caprice Capital International Ltd. at the British Virgin Islands High Court.

Stop Notice by Chen Khai Voon, of Malaysia, regarding shares in Agathis One Ltd. owned by Agathis Management Ltd., filed at the Grand Court of the Cayman Islands.

Antigua and Barbuda's banking regulator appears to have fast-tracked a licensing application by one of the country's diplomats - London-based Swiss lawyer Dario Item - after his bank in Labuan ran into regulatory problems and he received a corporate ban, OffshoreAlert can reveal.