Why winning the criminal case does not always mean getting your money back, how the lower civil standard of proof works in forfeiture, and what the Federal Court has said in JJ Power and Kuala Dimensi
Acquitted of Cheating, but Still Lose the Money? Read More »
What merchants, traders and service providers can do when scam money passes through their accounts, how to keep the business running, and how the courts separate clean business income from tainted funds
My Business Account Was Frozen Because of a Customer’s Scam Read More »
What happens to scam money once the police freeze the account it went into, why it does not automatically come back to the victim, and the steps victims must take to claim it
Scammed, and the Money Is Frozen in Someone Else’s Account: Can Victims Get It Back? Read More »
Why freezing and seizure orders under the Anti-Money Laundering Act do not last forever, what stops the clock, and what the courts have said when the authorities held on too long
How Long Can the Authorities Hold My Assets? Time Limits on Seizure Orders Read More »
It often starts with a failed transfer. A payment does not go through, and the bank says only that the account has been frozen on instructions from an enforcement agency.
In one reported case, a political party discovered that its accounts were frozen only when several banking transactions could not be made. In another, a lawyer found out his accounts had been frozen while he was being remanded.
My Bank Account Has Been Frozen: What Sections 44 and 44A of AMLA Mean for You Read More »
Most Malaysians know Section 420 of the Penal Code as the “cheating” section. It is the provision usually cited in police reports on online scams, fake investment schemes and dishonest business deals.
Fewer people realise what can happen after a cheating report is lodged. The investigation does not always stop at the criminal case against the cheater. It can extend to the money trail under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA, Act 613).
Once AMLA is engaged, bank accounts can be frozen and cars, houses and cash can be seized. Those assets can even be forfeited to the Government without anyone being charged in court.
This article explains how that link works, using recent Malaysian cases.
A single police report of cheating can set off a money laundering investigation that freezes the accounts of the suspect, the suspect’s family, and anyone whose account the money passed through. This article explains how it happens, who is at risk, and what you can do.
When the Government seeks to forfeit property under the anti-money laundering law, banks, buyers, creditors, investors and even victims can come forward to claim it. But the law sets five demanding conditions, and many genuine claimants have failed to meet them.
Innocent Third Parties Section 61 Read More »
Under the anti-money laundering law, property can be taken permanently by the Government even if no one is ever charged. The rules are strict, but so are the limits, and innocent owners, sellers and third parties have real grounds to resist.
Forfeiture Without Prosecution Under Section 56 Read More »
A freeze or seizure under the anti-money laundering law is meant to be temporary. Knowing how long it can last, what you may ask for and when the courts will step in can help owners protect what is rightfully theirs.
Frozen Accounts Seized Assets Read More »
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