Latest news with #DeferredProsecutionAgreement
Malaysiakini
25-05-2025
- Business
- Malaysiakini
'Deferred prosecution' plan should be further deferred
COMMENT | When the news surfaced in 2015 that Sarclad - a Rotherham-based private technology company - was rumoured to be the first to sign a Deferred Prosecution Agreement (DPA) with the UK's Serious Fraud Office (SFO), it sparked a raft of issues over the future of justice in corporate cases. It all started when Sarclad and a few other companies were invited by the SFO to attend DPA negotiations after an investigation was launched into irregularities in their business conduct - including allegations of bribery prohibited in the UK under the Bribery Act 2010 - across a number of jurisdictions. At that time, it was vehemently argued that...
Malay Mail
01-05-2025
- Business
- Malay Mail
MACC: Malaysia to adopt Deferred Prosecution Agreement model to tackle grand corruption by 2026
KUALA LUMPUR, May 1 — The Deferred Prosecution Agreement (DPA) will be implemented through amendments to the Malaysian Anti-Corruption Commission (MACC) Act 2009, with the proposed bill expected to be tabled in Parliament by mid-next year. MACC chief commissioner Tan Sri Azam Baki said the proposed amendment to the Act would soon be presented to the Special Cabinet Committee on National Governance (JKKTN), chaired by Prime Minister Datuk Seri Anwar Ibrahim. 'The DPA is a law that has been adopted by many developed countries, including the United States and the United Kingdom, to resolve grand corruption cases involving large business entities or institutions. 'Under the DPA, the entity or business institution involved must fulfil several conditions, including returning misappropriated funds or assets, paying penalties or fines, and complying with the requirements set by the enforcement authorities and the Attorney General's Chambers,' he said during an Executive Talk at the MACC Headquarters in Putrajaya yesterday. Azam explained that while the DPA could reduce both costs and lengthy court proceedings, it did not mean the accused would escape prosecution. 'Prosecution will still proceed, but it will be postponed. The DPA will only apply to cases involving grand corruption, not those involving smaller amounts. 'The decision to implement the DPA is not unilateral; it requires mutual agreement (between the prosecutor and the accused). The prosecutor must assess the case and agree on the justification for granting the DPA,' he said. Azam said that seized assets, fines, and penalties imposed on entities receiving the DPA would go into the national coffers and be nationalised. — Bernama
Malay Mail
01-05-2025
- Business
- Malay Mail
MACC: Malaysia to adopt Deferred Prosecution Agreement model to tackle grand corruption by next year
KUALA LUMPUR, May 1 — The Deferred Prosecution Agreement (DPA) will be implemented through amendments to the Malaysian Anti-Corruption Commission (MACC) Act 2009, with the proposed bill expected to be tabled in Parliament by mid-next year. MACC chief commissioner Tan Sri Azam Baki said the proposed amendment to the Act would soon be presented to the Special Cabinet Committee on National Governance (JKKTN), chaired by Prime Minister Datuk Seri Anwar Ibrahim. 'The DPA is a law that has been adopted by many developed countries, including the United States and the United Kingdom, to resolve grand corruption cases involving large business entities or institutions. 'Under the DPA, the entity or business institution involved must fulfil several conditions, including returning misappropriated funds or assets, paying penalties or fines, and complying with the requirements set by the enforcement authorities and the Attorney General's Chambers,' he said during an Executive Talk at the MACC Headquarters in Putrajaya yesterday. Azam explained that while the DPA could reduce both costs and lengthy court proceedings, it did not mean the accused would escape prosecution. 'Prosecution will still proceed, but it will be postponed. The DPA will only apply to cases involving grand corruption, not those involving smaller amounts. 'The decision to implement the DPA is not unilateral; it requires mutual agreement (between the prosecutor and the accused). The prosecutor must assess the case and agree on the justification for granting the DPA,' he said. Azam said that seized assets, fines, and penalties imposed on entities receiving the DPA would go into the national coffers and be nationalised. — Bernama
The Star
01-05-2025
- Business
- The Star
Azam: Deferred prosecution will be used in high-profile cases
MACC chief commissioner Tan Sri Azam Baki speaking to the media during the MACC's Executive Talk session in Putrajaya yesterday. PUTRAJAYA: Graft busters are pushing for the Deferred Prosecution Agreement (DPA) to be introduced as soon as possible to boost the fight against corruption and recovery of assets in high-profile cases. Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki (pic)said the Special Cabinet Committee on National Governance, chaired by Prime Minister Datuk Seri Anwar Ibrahim, is expected to meet in June to discuss the matter. 'We hope it will be introduced as the focus of the DPA is on the recovery of assets. 'The DPA has been used in countries such as the United States and the United Kingdom,' he said during the MACC's Executive Talk with the media. Azam said the DPA will be used in cases involving grand corruption and corporate liabilities involving large amounts of funds. 'We will use it for high profile cases involving large amounts. 'For example, an accused in a grand corruption case involving RM177mil in funds. The DPA will be used to seize the funds so that it goes back to the government's coffers,' he added. The MACC has proposed that cases where DPA will be used must have justification to do so. 'We also proposed that when the DPA is to be used in certain cases, it must have the consensus of the deputy public prosecutor, who will review the justification for DPA to be used. 'We will definitely not use it for small-scale cases,' he said. Azam said he expects the proposed amendment to the MACC Act 2009, which will include the DPA mechanism, to be introduced in Parliament by the second quarter of next year. 'We hope it will be eventually passed and enforced,' he added. Azam has been proposing the DPA for some time, arguing that it will allow prosecutors to achieve outcomes more efficiently without lengthy and costly trials, and that it will help fight economic and financial crimes. It will also ensure faster recovery of assets and funds and better compliance by persons or entities to prevent future violations. On another matter, Azam said it is getting harder for authorities to detect transactions of illicit funds, as criminal entities are resorting to e-wallet platforms and cryptocurrencies. 'If they (criminal entities) use the usual bank transactions, we will be able to track them eventually. 'However, they are using these new transaction mechanisms. Some are also using money changers to transfer ill-gotten funds as well,' he added. Azam believes illicit funds from overseas that have flowed through Malaysia total about RM40bil. 'These illicit funds are derived from various criminal activities, including drug trafficking, smuggling and fraud. 'If we can recover at least RM10bil, it will benefit the country, but it requires efforts between law enforcement agencies and other government bodies,' he added. One of the best examples of repatriation of overseas assets and funds is the 1Malaysia Development Bhd case. 'We had good and lengthy discussions with international authorities that enabled us to repatriate funds and assets belonging to the country.'
Malaysiakini
30-04-2025
- Politics
- Malaysiakini
Deferred Prosecution Agreement: Tabling amendments in 2026
The Deferred Prosecution Agreement (DPA) will be implemented through amendments to the MACC Act 2009, with the proposed bill expected to be tabled in Parliament by mid-next year. MACC chief commissioner Azam Baki said the proposed amendment to the Act would soon be presented to the Special Cabinet Committee on National Governance, chaired by Prime Minister Anwar Ibrahim. 'The DPA is a law that...
