The Justice Department has reached an agreement with “Jasmine” Loo Ai Swan (Loo), the former general counsel of 1Malaysia Development Berhad (1MDB), Malaysia’s sovereign investment development fund, to recover artwork by Pablo Picasso and a financial account in Switzerland traced to funds allegedly embezzled from 1MDB. Additionally, the Justice Department has obtained forfeiture orders on other assets allegedly purchased with 1MDB funds by Low Taek Jho, also known as Jho Low (Low), including diamond jewelry and artwork by Vincent Van Gogh, Claude Monet, Pablo Picasso, Jean-Michel Basquiat, and Diane Arbus.
Leonardo DiCaprio appears with Malaysian financier who sent $30 million to Obama during 2012 campaign. (Credit: Getty Images)
The department previously brought numerous civil forfeiture cases against assets that it alleges were acquired by Low and his co-conspirators using funds allegedly embezzled from 1MDB. According to the civil forfeiture complaints, from 2009 through 2015, more than $4.5 billion in funds belonging to 1MDB were allegedly misappropriated by high-level officials of 1MDB and their associates, including Low and Loo, through a criminal conspiracy involving international money laundering and bribery. 1MDB was created by the government of Malaysia to promote economic development in Malaysia through global partnerships and foreign direct investment. Its funds were intended to be used to improve the well-being of the Malaysian people.
The agreement with Loo resolves the civil forfeiture action against the Picasso artwork and financial account in Switzerland under her control, which are collectively valued at approximately $1.8 million. The agreement with Loo announced today does not release any criminal claims against her.
The forfeiture of the other artwork and jewelry allegedly purchased by Low, which is based on a recent settlement agreement entered into in connection with the real estate and artwork forfeitures in two other cases, resolves three additional civil forfeiture cases filed in the U.S. District Court for the Central District of California. The collective value of these assets, together with the Loo assets, is estimated to be nearly $85 million.
Prior to this settlement, in total, the United States has returned or assisted in the return to Malaysia of over $1.4 billion in assets associated with the international money laundering, embezzlement, and bribery scheme.
Low separately faces criminal charges in the Eastern District of New York for allegedly conspiring to launder billions of dollars embezzled from 1MDB and for conspiring to violate the Foreign Corrupt Practices Act by allegedly paying bribes to various Malaysian and Emirati officials, and in the District of Columbia for allegedly conspiring to make and conceal foreign and conduit campaign contributions during the United States presidential election in 2012. The agreement with Loo announced today does not release any entity or individual from filed or potential criminal charges.
The FBI’s International Corruption Squads in New York City and Los Angeles and IRS Criminal Investigation Los Angeles Field Office are investigating the case.
Trial Attorneys Barbara Levy, Sean Fern, Jonathan Baum, and Joshua Sohn of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) and Assistant U.S. Attorney Jonathan Galatzan for the Central District of California are prosecuting the case, with significant assistance from the Justice Department’s Office of International Affairs and MLARS’ Program Management Staff.
The Justice Department also appreciates the significant assistance provided over the course of this investigation and in particular related to the recovery of these assets by the Attorney General’s Chambers of Malaysia, the Royal Malaysia Police, the Malaysian Anti-Corruption Commission, the Attorney-General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Department, the Office of the Attorney General and the Federal Office of Justice of Switzerland, and the Attorney General’s Chambers of the Territory of the British Virgin Islands.
The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in MLARS, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to kleptocracy@usdoj.gov or https://tips.fbi.gov/.
h/t @seacaptim