Lawyers: DOJ deal not a 'jail-free card' for Jho Low
The settlement deal reached between Jho Low and the US Department of Justice (DOJ) to forfeit assets worth US$700 million that originated from 1MDB funds is not a jail-free card for the fugitive businessperson.
According to legal experts experienced in criminal laws and civil litigation, the deal agreed by the parties earlier this week does not in any way exonerate him from criminal liabilities...
The settlement deal reached between Jho Low and the US Department of Justice (DOJ) to forfeit assets worth US$700 million that originated from 1MDB funds is not a jail-free card for the fugitive businessperson.
According to legal experts experienced in criminal laws and civil litigation, the deal agreed by the parties earlier this week does not in any way exonerate him from criminal liabilities.
"In the case of the settlement between the DOJ and Jho Low (photo), it is open to interpretation as to whether the said settlement is an implied admission on the part of Jho Low that he was involved in any unlawful activities," said Colin Pereira, an experienced lawyer in civil forfeiture matters.
"However, the settlement does not in any way exonerate him from any criminal charges in the future, if warranted, whether related to IMDB or otherwise."
On Thursday, the DOJ announced that a deal had been reached with Jho Low which, if approved by the court, would resolve all of the US government’s civil, criminal, and administrative asset forfeiture actions relating to 1MDB.
Colin, however, declined from commenting further, saying it would be best not to speculate at this juncture so as to avoid any issue of sub-judice.
'Monster scandal'
Criminal lawyer Muhammad Rafique Rashid Ali, who shared a similar view, said Jho Low can still be brought to book even after he agreed to forfeit any claim on the assets.
Adding further, Rafique said that while Jho Low might be able to use the deal as a mitigating tool in the future, the magnitude of the scandal was too big for the businessperson to get away with it.
"When Jho Low decided not to contest the forfeiture, it is akin to him consenting to DOJ action on recovery per se. (But) he might still be brought to book.
"On the use of this consent order as a mitigating tool or a way of a plea bargain, honestly 1MDB is a monster scandal that had never been seen before. (So), Jho Low will still have to face the music," he said.
On Malaysia's claim on the assets, Rafique said the DOJ had, since the beginning of its Kleptocracy Recovery Initiative, hailed it as a quest to recover monies and assets wrongfully taken from the people of Malaysia.
"So legally, Malaysia has a claim to it. The government, through the Attorney-General's Chambers, must now start to initiate necessary action with the DOJ to repatriate the monies."
Are you sure you want to delete this comment?
This action cannot be undone.