PUBLIC PROSECUTOR V GOLDMAN SACHS INTERNATIONAL
(Company No.: 02263951)
(a company incorporated the United Kingdom)
That you, Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$1,750,000,000 5.99% Guaranteed Notes due 2022 to be issued by 1MDB Energy Limited (Company No.: LL08815) (a company incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 19 March 2012 to 25 September 2012, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, omitted to state the following material facts, to wit:
(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy Limited;
(ii) 1MDB Energy Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had entered into a Collaboration Agreement for Credit Enhancement dated 21 May 2012 wherein 1MBD Energy Limited agreed to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes;
(iii) 1MDB Energy Limited and Aabar Limited had signed an Option Agreement dated 18 May 2012 wherein 1MDB Energy Limited granted to Aabar Limited the option to purchase 49% of the shares owned by 1MDB Energy Limited in 1MDB Energy Sdn Bhd, in consideration of Aabar Limited procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy Limited in respect of the Notes; and
(iv) 1MDB and IPIC had signed an InterGuarantor Agreement dated 21 May 2012 wherein 1MDB has fully underwritten all amounts falling due and payable under the Notes, including all costs, expenses, damages, liabilities incurred or suffered by IPIC, and in the event 1MDB is unable to meet such underwriting obligations, 1MDB will procure the Ministry of Finance Inc to provide the necessary funding and support to repay IPIC in full,
which were necessary in order to make the following statements made in the Offering Circular dated 18 May 2012 for the Notes, to wit:
(i) statements on “MANAGEMENT OF 1MDB GUARANTOR” made at pages 50 to 52;
(ii) statements on “USE OF PROCEEDS” made at page 29;
(iii) statements on “Strategic alliance between 1MDB Guarantor and IPIC Group” made at page 37; and
(iv) statements on “Guarantee and Status” made at pages 96 and 97,
not misleading,
and you have thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 182 of the same Act.
Punishment:
Upon conviction, shall be punished to:
(i) imprisonment for a term not exceeding ten years; and
(ii) a fine of not less than one million ringgit.
PUBLIC PROSECUTOR V TIM LEISSNER
(German Passport No.: C4KRWGMCK)
That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$1,750,000,000 5.99% Guaranteed Notes due 2022 to be issued by 1MDB Energy Limited (Company No.: LL08815) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 19 March 2012 to 25 September 2012, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, omitted to state the following material facts, to wit:
(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy Limited;
(ii) 1MDB Energy Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had entered into a Collaboration Agreement for Credit Enhancement dated 21 May 2012 wherein 1MBD Energy Limited agreed to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Note;
(iii) 1MDB Energy Limited and Aabar Limited had signed an Option Agreement dated 18 May 2012 wherein 1MDB Energy Limited granted to Aabar Limited the option to purchase 49% of the shares owned by 1MDB Energy Limited in 1MDB Energy Sdn Bhd, in consideration of Aabar Limited procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy Limited in respect of the Notes; and
(iv) 1MDB and IPIC had signed an InterGuarantor Agreement dated 21 May 2012 wherein 1MDB has fully underwritten all amounts falling due and payable under the Notes, including all costs, expenses, damages, liabilities incurred or suffered by IPIC, and in the event 1MDB is unable to meet such underwriting obligations, 1MDB will procure the Ministry of Finance Inc to provide the necessary funding and support to repay IPIC in full,
which were necessary in order to make the following statements made in the Offering Circular dated 18 May 2012 for the Notes, to wit:
(i) statements on “MANAGEMENT OF 1MDB GUARANTOR” made at pages 50 to 52;
(ii) statements on “USE OF PROCEEDS” made at page 29;
(iii) statements on “Strategic alliance between 1MDB Guarantor and IPIC Group” at made page 37; and
(iv) statements on “Guarantee and Status” made at pages 96 and 97,
not misleading,
and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 182 of the same Act, and that you, Tim Leissner (German Passport No.: C4KRWGMCK), abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and that you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under section 182 of the same Act.
Punishment:
Upon conviction, shall be punished to:
(i) imprisonment for a term not exceeding ten years; and
(ii) a fine of not less than one million ringgit.
PUBLIC PROSECUTOR V LOO AI SWAN
(NRIC No. 730613-14-5160)
That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$1,750,000,000 5.99% Guaranteed Notes due 2022 to be issued by 1MDB Energy Limited (Company No.: LL08815) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 19 March 2012 to 25 September 2012, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, omitted to state the following material facts, to wit:
(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy Limited;
(ii) 1MDB Energy Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had entered into a Collaboration Agreement for Credit Enhancement dated 21 May 2012 wherein 1MBD Energy Limited agreed to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes;
(iii) 1MDB Energy Limited and Aabar Limited had signed an Option Agreement dated 18 May 2012 wherein 1MDB Energy Limited granted to Aabar Limited the option to purchase 49% of the shares owned by 1MDB Energy Limited in 1MDB Energy Sdn Bhd, in consideration of Aabar Limited procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy Limited in respect of the Notes; and
(iv) 1MDB and IPIC had signed an InterGuarantor Agreement dated 21 May 2012 wherein 1MDB has fully underwritten all amounts falling due and payable under the Notes, including all costs, expenses, damages, liabilities incurred or suffered by IPIC, and in the event 1MDB is unable to meet such underwriting obligations, 1MDB will procure the Ministry of Finance Inc to provide the necessary funding and support to repay IPIC in full,
which were necessary in order to make the following statements made in the Offering Circular dated 18 May 2012 for the Notes, to wit:
(i) statements on “MANAGEMENT OF 1MDB GUARANTOR” made at pages 50 to 52;
(ii) statements on “USE OF PROCEEDS” made at page 29;
(iii) statements on “Strategic alliance between 1MDB Guarantor and IPIC Group” made at page 37; and
(iv) statements on “Guarantee and Status” made at pages 96 and 97,
not misleading,
and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 182 of the same Act, and that you, Loo Ai Swan (NRIC No. 730613-14-5160), abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and that you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under section 182 of the same Act.
Punishment:
Upon conviction, shall be punished to:
(i) imprisonment for a term not exceeding ten years; and
(ii) a fine of not less than one million ringgit.
PUBLIC PROSECUTOR V LOW TAEK JHO
(NRIC No. 811104-07-5701)
That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$1,750,000,000 5.99% Guaranteed Notes due 2022 to be issued by 1MDB Energy Limited (Company No.: LL08815) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 19 March 2012 to 25 September 2012, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, omitted to state the following material facts, to wit:
(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy Limited;
(ii) 1MDB Energy Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had entered into a Collaboration Agreement for Credit Enhancement dated 21 May 2012 wherein 1MBD Energy Limited agreed to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes;
(iii) 1MDB Energy Limited and Aabar Limited had signed an Option Agreement dated 18 May 2012 wherein 1MDB Energy Limited granted to Aabar Limited the option to purchase 49% of the shares owned by 1MDB Energy Limited in 1MDB Energy Sdn Bhd, in consideration of Aabar Limited procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy Limited in respect of the Notes; and
(iv) 1MDB and IPIC had signed an InterGuarantor Agreement dated 21 May 2012 wherein 1MDB has fully underwritten all amounts falling due and payable under the Notes, including all costs, expenses, damages, liabilities incurred or suffered by IPIC, and in the event 1MDB is unable to meet such underwriting obligations, 1MDB will procure the Ministry of Finance Inc to provide the necessary funding and support to repay IPIC in full,
which were necessary in order to make the following statements made in the Offering Circular dated 18 May 2012 for the Notes, to wit:
(i) statements on “MANAGEMENT OF 1MDB GUARANTOR” made at pages 50 to 52;
(ii) statements on “USE OF PROCEEDS” made at page 29;
(iii) statements on “Strategic alliance between 1MDB Guarantor and IPIC Group” made at page 37; and
(iv) statements on “Guarantee and Status” made at pages 96 and 97,
not misleading,
and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 182 of the same Act, and that you, Low Taek Jho (NRIC No. 811104-07-5701), abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and that you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under section 182 of the same Act.
Punishment:
Upon conviction, shall be punished to:
(i) imprisonment for a term not exceeding ten years; and
(ii) a fine of not less than one million ringgit.
PUBLIC PROSECUTOR V GOLDMAN SACHS (SINGAPORE) PTE
(Company No. 198602165W)
(a company incorporated in Singapore)
That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$1,750,000,000 5.99% Guaranteed Notes due 2022 to be issued by 1MDB Energy Limited (Company No.: LL08815) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 19 March 2012 to 25 September 2012, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, omitted to state the following material facts, to wit:
(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy Limited;
(ii) 1MDB Energy Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had entered into a Collaboration Agreement for Credit Enhancement dated 21 May 2012 wherein 1MBD Energy Limited agreed to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes;
(iii) 1MDB Energy Limited and Aabar Limited had signed an Option Agreement dated 18 May 2012 wherein 1MDB Energy Limited granted to Aabar Limited the option to purchase 49% of the shares owned by 1MDB Energy Limited in 1MDB Energy Sdn Bhd, in consideration of Aabar Limited procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy Limited in respect of the Notes; and
(iv) 1MDB and IPIC had signed an InterGuarantor Agreement dated 21 May 2012 wherein 1MDB has fully underwritten all amounts falling due and payable under the Notes, including all costs, expenses, damages, liabilities incurred or suffered by IPIC, and in the event 1MDB is unable to meet such underwriting obligations, 1MDB will procure the Ministry of Finance Inc to provide the necessary funding and support to repay IPIC in full,
which were necessary in order to make the following statements made in the Offering Circular dated 18 May 2012 for the Notes, to wit:
(i) statements on “MANAGEMENT OF 1MDB GUARANTOR” made at pages 50 to 52;
(ii) statements on “USE OF PROCEEDS” made at page 29;
(iii) statements on “Strategic alliance between 1MDB Guarantor and IPIC Group” made at page 37; and
(iv) statements on “Guarantee and Status” made at pages 96 and 97,
not misleading,
and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 182 of the same Act, and that you, Goldman Sachs (Singapore) Pte (Company No. 198602165W) (a company incorporated in Singapore), abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and that you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under section 182 of the same Act.
Punishment:
Upon conviction, shall be punished to:
(i) imprisonment for a term not exceeding ten years; and
(ii) a fine of not less than one million ringgit.
PUBLIC PROSECUTOR V GOLDMAN SACHS (ASIA) LLC
(Company No.: F0006608)
(a company incorporated in Delaware, USA)
That Goldman Sachs International (Company No.: 02263951) (a company incorporated the United Kingdom), as the Bookrunner and Arranger for the sale of US$1,750,000,000 5.99% Guaranteed Notes due 2022 to be issued by 1MDB Energy Limited (Company No.: LL08815) (incorporated in the Federal Territory of Labuan, Malaysia) (“the Notes”), between 19 March 2012 to 25 September 2012, at 1Malaysia Development Berhad (“1MDB”), Level 8, Menara IMC, No. 8, Jalan Sultan Ismail, 50250 Kuala Lumpur, in the Federal Territory of Kuala Lumpur, directly in connection with the sale of the Notes, omitted to state the following material facts, to wit:
(i) one Low Taek Jho (NRIC No.: 811104-07-5701) was the operator and key intermediary for 1MDB, which was the parent company of 1MDB Energy Limited;
(ii) 1MDB Energy Limited and Aabar Investments P.J.S. Limited (“Aabar Limited”) had entered into a Collaboration Agreement for Credit Enhancement dated 21 May 2012 wherein 1MBD Energy Limited agreed to pay Aabar Limited a credit enhancement and underwriting contribution in cash (“Credit Enhancement Collateral”) in consideration of Aabar Limited procuring a guarantee from International Petroleum Investment Company P.J.S.C. (“IPIC”) in favour of 1MDB Energy Limited guaranteeing the Notes, and the Credit Enhancement Collateral was to be paid from the proceeds of the issue of the Notes;
(iii) 1MDB Energy Limited and Aabar Limited had signed an Option Agreement dated 18 May 2012 wherein 1MDB Energy Limited granted to Aabar Limited the option to purchase 49% of the shares owned by 1MDB Energy Limited in 1MDB Energy Sdn Bhd, in consideration of Aabar Limited procuring IPIC as a guarantor to guarantee the payment of all sums expressed to be payable from time to time by 1MDB Energy Limited in respect of the Notes; and
(iv) 1MDB and IPIC had signed an InterGuarantor Agreement dated 21 May 2012 wherein 1MDB has fully underwritten all amounts falling due and payable under the Notes, including all costs, expenses, damages, liabilities incurred or suffered by IPIC, and in the event 1MDB is unable to meet such underwriting obligations, 1MDB will procure the Ministry of Finance Inc to provide the necessary funding and support to repay IPIC in full,
which were necessary in order to make the following statements made in the Offering Circular dated 18 May 2012 for the Notes, to wit:
(i) statements on “MANAGEMENT OF 1MDB GUARANTOR” made at pages 50 to 52;
(ii) statements on “USE OF PROCEEDS” made at page 29;
(iii) statements on “Strategic alliance between 1MDB Guarantor and IPIC Group” made at page 37; and
(iv) statements on “Guarantee and Status” made at pages 96 and 97,
not misleading,
and thereby committed an offence under subsection 179(c) of the Capital Markets and Services Act 2007 [Act 671], punishable under section 182 of the same Act, and that you, Goldman Sachs (Asia) LLC (Company No.: F0006608) (a company incorporated in Delaware, USA), abetted Goldman Sachs International in the commission of that offence, which offence was committed in consequence of your abetment, and that you have thereby committed an offence under subsection 370(c) read together with subsection 179(c) of Act 671, punishable under section 182 of the same Act.
Punishment:
Upon conviction, shall be punished to:
(i) imprisonment for a term not exceeding ten years; and
(ii) a fine of not less than one million ringgit.