‘Datuk brothers’ face 52 false claim charges of RM1.5mil
KUALA LUMPUR: Two brothers, both owners of a subsidised cooking oil packaging company, were charged in the sessions court here today on 52 charges in connection with false claims for supplying cooking oil to retail companies amounting to more than RM1.5 million two years ago.
Mohd Farid Mohamad Ali, 42, and his brother, Mohd Fadhil Mohamad Ali, 38, pleaded not guilty after all the charges were read out separately before Judge Izralizam Sanusi.
According to the first to 52nd charges, Mohd Farid was accused of providing a document, namely the statement of claims for payment of financial assistance to pure palm cooking oil refinery/packaging factories containing false material details for the period between January 2019 and March 2020 amounting to a total of RM1,596,341.40, to three employees of the domestic trade and consumer affairs ministry (KPDNHEP).
The claims contained false material details, namely information on the sale of cooking oil to retail companies, although the accused knew the sale was not actually made.
The offence was allegedly committed at the office of the subsidies and supply division, KPDNHEP in Putrajaya, between January 2019 and March 2020.
The charges were framed under Section 18 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which is punishable under Section 24 of the same act which carries a maximum jail term of 20 years and a fine of not less than five times the amount or value of false or misleading material details, and if the material items can be valued or in the form of money, or RM10,000 or whichever is higher, upon conviction.
Mohd Fadhil, meanwhile, was charged with 52 counts of abetting Mohd Farid to commit the same offence at the same time and place under Section 18 of the MACC Act 2009 read together with Section 28(1)(c) of the same act, which carries the same sentence upon conviction.
Meanwhile, Mohd Farid also pleaded not guilty to 52 optional charges in relation to the same offence which the accused is alleged to have committed with the intention for the false documents to be used for fraud, under Section 468 of the Penal Code, which carries a maximum seven years imprisonment and fine upon conviction.
Mohd Fadhil also pleaded not guilty to 52 optional charges of abetting Mohd Farid to commit the same offence under the same section.
In the meantime, Mohd Farid also pleaded not guilty to a charge of receiving money amounting to RM192,433.20 from a Hong Leong Bank account belonging to KPDNHEP, which is the proceeds of illegal activities, into a Bank Islam account belonging to Syarikat Temasek Growth Sdn Bhd, where he is the company’s account controller.
The offence is alleged to have been committed at Bank Islam Malaysia Berhad, Menara Bank Islam Kuala Lumpur branch between March 19 and Oct 19, 2019 pursuant to subsection 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 read together with subsection 87(1) and punishable under subsection 4 (1) of the same act.
The subsection provides for a maximum of 15 years imprisonment and a fine of not less than five times the amount or value of the proceeds from the illegal activity at the time the offence was committed, or RM5 million, whichever is higher, upon conviction.
Deputy public prosecutors Rasyidah Murni Azmi and Maziah Mohaide prosecuted while both accused were represented by lawyers Muhammad Nor Izzat Nordin and Keshwinder Singh.
The court allowed Mohd Farid bail of RM150,000 for all charges and Mohd Fadhil bail of RM100,000, each with one surety as well as an additional condition for their passports to be handed over to the court and they must report to the MACC office once a month until the case is completed.
The court set Sept 1 for mention. - FMT
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