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Monday, December 3, 2012

Misfeasance in Malaysia



Savana Sim

For the first time in the annals of the country an investigation by the authorities against a private limited liability company has drawn such a massive and united support for the company. Not one single sustainable complaint has been made by anyone claiming to have suffered at the hands of the company. This is indeed a historical and dramatic phenomenon.

Consider these figures:
  • Sixty thousand plus (60,000+) people have bought gold from Genneva Malaysia Sdn Bhd (GM)
  • There are about six thousand (6,000+) consultants.
  • The GM supporters on Facebook have drawn nearly five million (5,000,000) readers. These are inclusive of local and global visitors to the site.
  • The odds of each of the above 66,000 people having four or five friends, relatives and dependents multiplies the directly involved to nearly 400,000 bodies. And these can geometrically multiply, especially to the young and impressionable voters of tomorrow.
The most amazing feature of this situation is the remarkable silence of those who have an opportunity to speak up for a good cause. Good men need to stand up. So far there has been none except perhaps one, albeit retired. Surely the reverence owed to this voice of wisdom needs some serious attention.

The more exasperating (and helpless) is the media frenzy that has GM convicted even before the alleged speedy investigations are completed, allowing publications of articles based on half truths, incorrect facts and innuendos that boggles one’s imagination.

Does not this situation cry for an explanation? Is the dictatorship of the civil service to be a feature of the future of the country? Does one have to resort to the expensive and drawn out remedies that the courts offer as the only resort? Why are none of our elected representatives coming to the aid of the GM community? Perhaps they have not familiarized themselves with all the facts. Perhaps what follows may assist in their understanding the situation more accurately.

Historical Facts
  1. GM has obtained written approval from the Ministry of Domestic Trade to buy and sell Gold.
  2. A letter from Bank Negara stating that gold trading and gold as an asset does not come under the purview of BNM.
  3. GM conducts AMLA seminars with mandatory attendance, a compulsory prerequisite for an individual to be accepted as a consultant.
  4. Adherence to the principles of Syariah has been approved, policed and audited by the relevant Syariah authorities.
  5. It was the GM management and The Gold Bullion Entrepreneurs Association of Malaysia (GBEAM) that sought guidelines for the gold trade from the deputy finance Minister as a result of which a task force was established.
  6. Correspondence with the Prime Mister's office resulted in the PM instructing the Governor of BMN to look into gold trade business.
Current Facts
  1. Not a single case of default in the delivery of physical gold, payment of Hibah or commissions has been lodged anywhere against GM – a record that was only interrupted abruptly by the raid on GM by the authorities.
  2. The raid was on “suspicion” but there was no explanation whatsoever of the basis fro this alleged suspicion. Could this absence of explanation be because there is none?
  3. All GM personnel have been interviewed ad nauseam and have responded to all enquiries made by the investigators in the first week of October 2012.
  4. To date there has been no cause, claim or disclosure of any contravention of any law by GM. Only total silence.
  5. One person of high rank and in authority has claimed that a figure of ten billion Ringgit is involved. This figure has been pulled out of a hat as there is no basis at all for this claim. It is too preposterous to merit a denial but an untruth like this cannot be left uncorrected.
  6. Another official has claimed in Parliament that the seizure of assets in the case of Genneva Sdn Bhd was to protect the public while investigations are being completed. It is four years since and the saga is still ongoing. In the case of GM the public is not being protected but rather being made to suffer “whilst investigations are being speedily completed”. Nearly two months have vanished and the “speedily” is not so speedy after all.
  7. Obviously the raid was planned and preordained because media representatives were already at the offices of GM even before the raiding party arrived.
  8. Why the need to seize assets, office operational material and computer equipment if it is only a question of investigations – that too based on suspicion?
Obvious Inferences
  1. Somebody cried wolf and everybody jumped onto the wagon without any care or concern for the consequences and the affect it would have on the lives and livelihood of nearly 66,000 people.
  2. Apparently the authorities did not take into consideration how massive and total the support would be for GM but proved to be real, huge and dramatic.
  3. This case has drawn global attention not only in reference to this case but has instigated the global society look at all the negatives in this country. This unwarranted grim perception of the country is self inflicted.
  4. For the people of GM these have been trying times but because of GM’s past performance all have remained loyal. That so many people remain loyal cannot be without good reason. GM has performed and delivered. Surely so many cannot be all wrong.
  5. The entire Genneva community is also waiting to see who their friends are and who their enemies are. Fence sitters and neutrals must understand that now is the time, if at all, to speak up – be it for or against. Once the outcome is known, then it will be too late to take sides.
  6. Huge numbers of people have been able to generate economic wealth, change their life styles, support children at school, cater for retirement and old age, meet medical expenses and cost of living. It is these people who are most affected. For all those who preach plaudits about concern for the Rakyat, their welfare, justice and fair play, now is the time and the opportunity to stand up and be counted.
  7. Does the conduct of the GM management display the characteristics of a group of people intent on running the operations legitimately or does it show a conspiracy to hit, loot and run away?
Expectations
  1. If GM has not violated any known law, is it not right and just to announce this fact to the public and allow GM to resume operations, if for no other reason but to settle and assuage the concerns of all existing customers and consultants?
  2. If no law is violated why the public must be made to suffer for the misjudgement and baseless suspicions of over enthusiastic civil servants?
  3. Is it too much to expect the often self-claimed politicians who constantly claim to be champions of the Rakyat speak up for the GM community?
  4. If the authorities are in earnest about the trade being operated properly why this crucifixion of good people? Instead why not complete the investigations speedily as promised, issue appropriate guidelines and let the GM community get on with their lives?

UPDATE - Eye-witnesses report: The three government departments came in petrol cars 1:40pm. Reporters started from 2:50pm onwards. GMSB lawyer came about 3:25pm. More reporters arrive at about 4:10pm. Lawyer left 6:20pm. TV crews came 10+pm. Gold carted close to midnight.
— Genneva Malaysia Supporters

 

Please inform your Member of Parliament. Contact numbers and email, http://bit.ly/WW7KUa
• Read Genneva Gold 101 for Dummies - http://on.fb.me/UHMz3L
• For Genneva Critics Reading Pleasure - http://on.fb.me/V5Gjkq
• More Notes - http://on.fb.me/VegfUE

— Genneva Malaysia Supporters

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