Commercial Crime/White Collar Crime

Picture this. A letter arrives from an enforcement agency stating that you are reasonably suspected of committing an offence under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). The letter then offers a way out. Pay a stated sum within a fixed number of days,…

Why a single fraud can lead to charges for the original crime, separate money laundering charges for every use of the money, and a claim against the property itself, with lessons from James Kolandaisamy, Nor Badli, Aisyah, Hamimah and Syed Saddiq

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

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

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

The three stages of money laundering explained in plain language, how Malaysian cases fit the pattern, and the warning signs that banks, businesses and ordinary account holders should look out for

A plain-English guide to the MACC’s search and seizure powers, what counts as obstruction, where the limits lie, and how to prepare your team before, during and after a raid

Question 89 What if I want to leave the house to a child under 18 years old after the divorce, is it possible? It is possible. In this case, the court will require one party to hold the house on behalf of the child and transfer the house to the…

A plain-English guide to the false claims offence under the Malaysian Anti-Corruption Commission Act 2009, the everyday documents it covers, and how companies can spot fake, inflated and duplicate invoices

Whistleblower protection made headlines in Malaysia in early 2022. As described in the book, the MACC Chief filed a defamation suit seeking about RM10 million against journalist Lalitha Kunaratnam over her online articles alleging that he owned shares worth more than RM100,000 in various companies and had not declared them.…

From “upah” for roti canai to a spouse’s company winning a contract, a plain-English guide to the lesser-known offences under the Malaysian Anti-Corruption Commission Act 2009 and the court cases that explain them

When people think of corruption, they often picture a civil servant taking cash under the table. But much corruption happens entirely between businesses: a purchasing manager accepting kickbacks from a supplier, a sales team paying a client’s staff to win orders, or an agent leaking a rival’s bid in exchange…

To some, a bribe looks like a shortcut. Paying an official to make a problem disappear, or slipping money to someone to secure a contract, can seem quick and convenient. On paper, a RM100,000 bribe to win a RM1 million contract might even look like a good deal. The reality…

Corruption can happen in any organisation, big or small, and it is practically impossible to eliminate it completely. In a large company, decisions made by management are carried out by a long chain of employees. In a small company, decisions often rest with just one or two people. Either way,…

Whether GLCs are caught by Section 17A, why “I declared my interest” is not enough, and what the SRC, Felda hotel and CIDB cases teach companies that deal with the government

Question 89 What if I want to leave the house to a child under 18 years old after the divorce, is it possible? It is possible. In this case, the court will require one party to hold the house on behalf of the child and transfer the house to the…

Why a bribe paid for your company can put you personally in the dock, who is caught, and what the courts expect from you to stay out of trouble

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…

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.

Malaysian businesses rarely stop at the border. Many trade with Singapore, source from India, raise funds in Hong Kong or bid for projects in Australia. When they do, the question is not only “What does Malaysian law say about bribery?” but also “What happens to my company under the law…

Many business owners believe they are safe because their company has a code of conduct, an anti-bribery clause in its contracts, or a policy document sitting in a shared folder. Unfortunately, if one of their staff or agents pays a bribe to win business, that belief may not survive a…

Your company is bidding for a large contract. A sales manager, keen to hit his target, quietly hands a “token of appreciation” to someone on the client’s side. The contract is won, the board is pleased, and nobody at the top asks how it was secured. In the past, if…

When a company commits a money laundering offence, the law presumes that the people running it did too. Directors and managers who cannot prove that they did their job properly may face the same penalties as the company, and may also be sued personally.

White collar crime, also known as commercial crime, refers to non-violent crimes committed for financial gain, usually in a business, professional or financial setting. Common examples include cheating, criminal breach of trust, corruption, investment fraud, online scams and tax evasion.

A notice to attend an interview under the anti-money laundering law can arrive even if you have done nothing wrong. Knowing what the law requires of you, and what it protects, can make all the difference.

A conviction for the underlying crime is not required in a money laundering case in Malaysia, but the prosecution must still prove that the money is dirty. The Federal Court’s decision in the Syed Saddiq case shows what happens when it cannot.