Agony of defeat

Fourth Prime Minister Tun Dr Mahathir Mohamad’s desire to topple Prime Minister Dato’ Sri Mohd. Najib Tun Razak is waning further after his agents to bring individuals linked to 1MDB with allegations of embezzlement and money laundering to US courts, had to be withdrawn.

Malaysiakini story:

Husam, Matthias drop 1MDB class action suit in US court

9 comments     Published 24 Sep 2016, 5:14 pm     Updated 24 Sep 2016, 7:49 pm

Salor assemblyperson Husam Musa and lawyer Matthias Chang have dropped their class action suit against US-based corporations and individuals linked to alleged embezzlement and money laundering involving 1MDB.

This is according to a court filing on Friday, in the New York Southern District Court, by US-based attorneys representing the duo.

Appended below is the listing for the notice of dismissal available for public viewing on the US Federal Court System’s Public Access to Court Records (Pacer) online website, as noted on federal court cases monitoring service site

“NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Goldman Sachs Group, Inc., Debra Whelan Johnson, Timothy Leissner, Christopher Joey McFarland, Metropolis IX Capital Advisors, LLC, Red Granite Pictures, Inc., Riza Shahriz Bin Abdul Aziz, Low Taek Jho. Document filed by Husam Musa, Matthias Chang. (Burke, Louis).”

According to Rule 41(a)(1)A(i) of the Federal Rules of Civil Procedure, the plaintiff may voluntarily dismiss their suit without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.

The voluntarily dismissal was also done without prejudice, which will give them leeway to file a new legal action in the future, if they so desire.

However, the reason the suit was dropped is unknown.

When contacted, Husam told Malaysiakini, “I have not received an explanation yet from my counsel, but they will update me soon.”

Malaysiakini is also attempting to reach Chang for comments. The duo filed the suitin a US court in August.

Meanwhile, in a statement to The Hollywood Reporter, Red Granite said, “Dismissing this frivolous lawsuit was the right thing to do because it never should have been filed in the first place.

“Red Granite continues to work on exciting new projects,” added the film production and distribution company.

In an immediate reaction, Multimedia and Communications Minister Salleh Said Keruak condemned “Western media” for not reporting that the suit had been dismissed.

“This lawsuit by Tun (Dr) Mahathir’s henchmen generated global news and controversy when it was filed on 11 August (2016).

“But, strangely, the Wall Street Journal and other Western media haven’t reported that yesterday the lawsuit was dismissed,” he said in a statement today.

The class action suit was to seek damages for the theft of the state investment firm’s funds as well as to recover assets acquired using the stolen funds.

The class action followed the US Department of Justice (DOJ) civil forfeiture suits which sought to seize more than US$1 billion in assets allegedly acquired using stolen 1MDB funds.

The DOJ claims that overall, US$3.5 billion of 1MDB funds were misappropriated.

US$731 million of this was found to have been transferred to the accounts of a figure the DOJ referred to as ‘Malaysian Official 1’ (MO1).

Minister in the Prime Minister’s Department Abdul Rahman Dahlan has since confirmed MO1 is Prime Minister Najib Abdul Razak.

Najib, however, has denied claims of misappropriating government funds.

But his stepson, Riza, is also named in the DOJ’s court documents, and was one of the eight defendants in the class action suit by Husam and Chang


This is seen as another failure to the Statesman is his personal obsession to oust Prime Minister Najib with various stunts since going public to demonise the latter with 1MDB financial woes 18 months ago.

This obsession is the worst stunt pulled by Tun Dr. Mahathir, when he went against all rules which include manipulation, lies, making seditious and unconstitutional statements and even tried to drag the Rulers into his politics.

In early March he teamed up with his lifelong political nemesis in the likes of Lim Kit Siang and DAP, Hishamuddin Rais, Ambiga Sreenivasan and others to launch the ‘Dr Mahathir-Kit Siang Declaration’.

In his quest to draw up the public to sign the petition, Tun Dr. Mahathir proclaimed that the outcome of the exercise would be presented to His Majesty the King in his quest to out Prime Minister Najib.

After a few months, the outcome of petition was suspiciously fraudulent when he claimed “Managed to get 1.4million signatures”. On 16 Sept., he tries to sell this lemon to His Majesty the King.

It is believed now he is trying to present himself to the Council of Rulers, for the same excuse and quest. The next Council of Rulers meeting is scheduled to be in October.

The international conspiracy of the attempt to demonise Prime Minister Najib as the strategy to defeat and out him is clear that the Neo Con Jewish media which is supporting Tun Dr. Mahathir’s agenda, is silent about this withdrawal of suit from the New York courts.

Published in: on September 24, 2016 at 23:59  Comments (4)  

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4 CommentsLeave a comment

  1. Dear BigDog.

    Please don’t go over the moon or jump to conclusion, too quickly… just to be in the good books of Najib.
    Or… you might also make the same blunder as Mathias-Husam’s or,… as you suggest, Dr.M’s.

    That DoJ’s case was a civil suit, so nobody have been criminal penalized,,, yet… until those defendants could proof, the source of their funds is legitimate, otherwise… assets forfeiture and a criminal suit will ensue.

    And that was also why Red Granite Pictures was allowed to continue with their work “on exciting new projects”, so that its employees would not be deprived of their paycheck.

    And… most importantly… of which nobody on the side of Najib, dare to mention… Red Granite’s future profit/earnings are frozen under escrow funds.*

    *As in real estate (specifically in mortgages), Escrow is also known in the judicial context. So-called escrow funds are commonly used to distribute money from a cash settlement in a class action or environmental enforcement action. This way the defendant is not responsible for distribution of judgment moneys to the individual plaintiffs or the court-determined use (such as environmental remediation or mitigation). The defendant pays the total amount of the judgment (or settlement) to the court-administered or appointed escrow fund, and the fund distributes the money (often reimbursing its expenses from the judgment funds)*
    End quote from Wiki.

    Therefore, hold on your horses and don’t jump the gun… as yet, After-all … “The voluntarily dismissal was also done without prejudice, which will give them leeway to file a new legal action in the future, if they so desire.”… obviously, after commencement of criminal proceeding.

    Haven’t you wonder, why… after DoJ’s filing, the Board of Directors, and even Deloitte, have disowned 1MDB’s 2013 & 2014 Financial Statement. Wonder also why 2015’s Financial Statement had not been reported? Its already coming to end of Sept.2016. Cannot find a replacement for Deloitte?

    So… keep your fingers crossed, at all times.

    • This Uncle Sam we are talking about here.

      If they could do it, they would have hauled ‘money launderers’. The IRS is with AG Lynch.

      Taxman don’t come easy whenever they can.

      What criminal proceeding?

      Why did AG Lynch coupled with US tax laws had to go through civil court, to get what they want?

      Deloitte did not disown any AR they signed. ‘Disown’ is a propaganda lingo of Tony Pua.

      Auditors resigning as statutory auditors is a normal cause of business. In fact, shareholders vote to reappoint them annually.

      • Still early days yet. Matthias & Khairuddin have the option of refiling their suit with new or amended evidence, affidavits etc. As they have noted. So Salleh Said’s dismissive comments may have been a tad premature. As the colloquialism goes “It ain’t over till the fat lady sings”…….

      • Salam Saudara BigDog

        “Deloitte did not disown any AR they signed. ‘Disown’ is a propaganda lingo of Tony Pua.”

        Ok.. in that case…. this was excerpt from 1MDB Directors:

        “Walaupun lembaga tetap yakin bahawa tiada kesalahan dilakukan 1MDB, dan penyata kewangan yang telah diaudit sebelum ini terus menunjukkan gambaran sebenar dan saksama mengenai hal ehwal syarikat pada masa berkenaan, lembaga memutuskan, sebagai langkah berjaga-jaga, penyata kewangan 2013 dan 2014 yang diaudit tidak lagi boleh digunakan oleh mana-mana pihak sehingga keputusan muktamad mahkamah dibuat berhubung dakwaan tertentu seperti dinyatakan aduan (DOC) berkenaan,”

        And below is from Deloitte:

        ‘”On July 20 2016, the Office of the Attorney General of the United States of America announced that the Department of Justice filed a civil forfeiture complaint against certain entities and individuals and contemporaneously filed related actions seeking the civil forfeiture of numerous assets held in the names of these parties (complaint). According to the complaint filed, this is a civil action to forfeit assets involved in and traceable to an international conspiracy to launder money misappropriated from 1MDB.
        The complaint contains information, which, if known at the time of the 2013 and 2014 audits of 1MDB, would have impacted the financial statements and affected the audit reports and, accordingly, those audit reports issued by Deloitte Malaysia dated March 28, 2014 and Nov 5, 2014 respectively in connection with the 2013 and 2014 financial statements of 1MDB should no longer be relied upon.”

        End quote.

        I presumed, ‘sebagai langkah berjaga-jaga…. / tidak lagi boleh digunakan & should no longer be relied upon’… as disown.

        Anyway, I’m sorry, if ‘disown’ is rather extreme.

        But still.. I wonder about current 1MDB’s obligation & transaction, based on the approved Financial Report and the implication, after it was… ‘no longer be relied upon’.
        Does it brought about… bad taste to 1MDB’s reputation?

        And… I read somewhere, that 1MDB had not found replacement for Deloitte, hence the delay in 2015’s… Audited Account Report.

        Anyway…Thank You Sir.

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