PETALING JAYA : Lawyers for a former Goldman Sachs banker have sensationally accused the US government of actively interfering to jeopardise former prime minister Najib Razak’s on-going 1MDB criminal trial by keeping out of his reach evidence that could help him in his corruption trial.
“The (US) government does not want (Najib) Razak to have discovery provided by Goldman Sachs and (their banker Tim) Leissner that would advance (Najib’s) stated factual defence,” attorneys from Brafman & Associates said in a letter written on behalf of their Malaysian client Roger Ng Chong Hwa.
The evidence could involve the names of some high-profile individuals who were involved in the siphoning of funds from 1MDB and the beneficiaries of these stolen funds.
In their letter, the lawyers indicate that the government’s actions show that it is in cahoots with Goldman Sachs to prevent evidence from being made public.
Ng, more famously, known as Roger Ng, is himself a former Goldman Sachs banker who was extradited to the US to face trial over 1MDB linked charges. He is awaiting trial in the eastern district of New York on charges of laundering 1MDB funds.
In the letter dated March 12 sighted by FMT, Ng’s lawyers have accused the prosecutors of improperly intervening in a civil suit brought by Najib in New York’s southern district against Leissner and Goldman Sachs.
The bombshell letter was written in connection with a motion filed by Ng to secure evidence which might point to his innocence and referred to the prosecutors’ intervention in the civil suit as a “recent development that is relevant to the court’s consideration.”
In the letter, Ng’s lawyers pointed out that Najib had successfully secured from Judge Katherine Parker of New York’s Southern District an order that permitted subpoenas to be issued to Goldman Sachs and its former employee Leissner for documents and testimony which could potentially assist Najib to defend criminal charges he is facing in the Kuala Lumpur High Court.
The letter also brought to the judge’s attention that there “appears to be a time-sensitivity” to Najib receiving the material.
Najib’s trial on 25 charges relating to abuse of power and money-laundering of RM2.6 billion in 1MDB-linked funds is well underway, with the prosecution’s tenth witness testifying now.
An application by Najib’s defence team to postpone the trial pending disposal of the US proceedings was denied by presiding judge Collin Lawrence Sequerah in February.
The trial is scheduled to resume in May.
“Based on Najib’s submission, it appears that he is specifically asking for evidence that some members of 1MDB made their own corrupt arrangements with (fugitive businessman) Jho Low or Leissner or others associated with them,” the letter claimed.
It said the arrangements may well have been “reached individually by each 1MDB member without the participation of the former prime minister.”
A protective order issued by the US court in Ng’s case prevents the disclosure of the exact nature of the evidence sought.
“That the government would intervene in another district to prevent Goldman Sachs and Leissner from complying with legal process ordered by another court is clear evidence that Goldman Sachs is a member of the prosecution team, is being actively protected by the government, and is united in interest with the government,” the letter asserts.
It adds that the civil action “shows a close working and strategic relationship between the government and Goldman Sachs.”
That relationship, according to Ng’s attorneys, is borne out by the fact that government lawyers had intervened in Najib’s civil suit by filing a motion to stay judge Parker’s order on Feb 8 this year, just a day before the application was scheduled to come up before the court.
“Clearly, the government and Goldman Sachs communicated regarding the subpoena to see how it should be handled,” the letter added.
Ng is now asking the New York court to compel disclosure of all correspondence and documentation exchanged with the government by Goldman Sachs, Leissner and their lawyers regarding compliance with the subpoenas.
The bank and its Malaysian subsidiary had previously been charged by the US government for conspiring to violate the Foreign Corrupt Practices Act (FCPA) in connection with a scheme to pay over US$1 billion in bribes to Malaysian and Abu Dhabi officials to secure lucrative business.
In a statement released on Oct 22 last year, the US Department of Justice announced that it had charged and secured a guilty plea from Goldman Sachs Malaysia under the FCPA in the Eastern District Court of New York.
In October last year, Goldman Sachs agreed to pay US$2.5 billion (RM11.6 billion) to the Malaysian government to settle the case. It will also guarantee the return of US$1.4 billion (RM5.6 billion) of assets seized by the US authorities.
A similar plea of guilt had been obtained earlier from Leissner.
Ng, who was charged together with Leissner, was extradited from Malaysia and is contesting the case.
In a previous filing, he claimed to have warned the bank about fugitive financier Low Taek Jho or Jho Low and blamed the entire scandal on Leissner.
Leissner is expected to testify for the prosecution against Ng at the latter’s trial. - FMT
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