The pigeons are coming home to roost ... with legal difficulty
In the NYT, Alexandra Stevenson and Elizabeth A. Harris report.
The van Gogh and the
Monet are safely in storage in Switzerland. The Oscar that once belonged to
Marlon Brando is in a federal warehouse in Texas. Those were easy enough to
corral.
But when the $250
million yacht was finally captured in Bali, the United States government
couldn’t let it bob in the water unattended, so it had to pay for a crew. The
$35 million Bombardier jet has been grounded, but it needed an engine test
costing up to $25,000.
And no one is quite sure
what to do with the see-through grand piano now sitting in a supermodel’s
Malibu home. It won’t fit through the door.
All of the items, and many more, had been bought by a
flamboyant Malaysian financier named Jho Low, who prosecutors say
helped siphon billions of dollars from a Malaysian government investment fund,
then went on a colossal spending spree. It is one of the largest international
kleptocracy cases the United States has ever pursued.
It is so expansive that just tracking down, retrieving
and maintaining the loot has become a complex multinational operation in
itself.
Court documents and
interviews describe a recovery effort that involves half a dozen federal
agencies, a bevy of contractors and investigators in countries including
Switzerland, Luxembourg and Malaysia.
Its targets include more
than a dozen properties in New York, California and London, including a $31 million condominium in
the Time Warner Center in Manhattan, the Viceroy L’Ermitage Beverly Hills hotel
and a $17.5 million mansion in Beverly Hills that came with a gold-tipped
pyramid floating in a reflecting pool.
The process has been slowed because of the pending
criminal case, which itself is lagging because Mr. Low, 37, is a fugitive
believed to be hiding in China. There are also thorny legal issues because Mr.
Low and some of the other defendants have denied wrongdoing and are challenging
the forfeitures.
Several of the items are
owned by trusts, and Mr. Low “does not consider it proper for any government to
seize property belonging to the trusts or himself,” said Robin Rathmell, Mr.
Low’s lawyer.
The United States took the lead in the investigation
because it has been cracking down on the flow
of illegal money through the American financial system, and
because until a few months ago, Malaysia’s own government was being run by the
very people accused of ripping it off.
The fund at the center of the investigation, called the 1Malaysia
Development Berhad fund or 1MDB, was supposed to benefit ordinary Malaysians.
It raised billions of dollars from banks and borrowed from investors,
ostensibly to finance projects like a joint venture with a Saudi oil company
and the purchase of power plants.
But prosecutors say 1MDB became a “massive, brazen and blatant”
money-laundering scheme, in which billions were diverted into the bank accounts
of senior officials, including the former prime minister Najib Razak, his
family and associates and Mr. Low.
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