MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC)MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC)

FINANCIAL INTELLIGENCE SYSTEM (FINs)FINANCIAL INTELLIGENCE SYSTEM (FINs)&&

CORRUPTION REPORTING INFORMATIONCORRUPTION REPORTING INFORMATIONSYSTEM (CRIS)SYSTEM (CRIS)

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Presentation by Fikri Ab. Rahim

Anti-Money Laundering SectionJune 2013

Santiago, Chile

LawLawAccording to Section 43, Malaysian Anti- Corruption Commission Act 2009, Power to intercept(1)“the Public Prosecution or an officer of the Commission of the rank of Commissioner or…., if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this act…authorize any officer of the Commission-a) to intercept, detain and open any postal article in the course of transmission by post;b) to intercept any message transmitted or received by any telecommunicationc) to intercept, listen to and record any conversation any telecommunication, and listen to the recording of the intercepted conversation.”(2) When any person is charged with an offence under this Act, any information obtained by an officer of the Commission in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.

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ContentsContents

• Law• IT Resources

LawLawSection 14, Anti- Money Laundering And Anti- Terrorism Financing Act 2001Report by reporting institutionsA reporting institution shall promptly report to the competent authority any transaction --a) Exceeding such amount as the competent authority may specify ; andb) Where the identity of the persons involved, the transaction itself or any other circumstances concerning that transaction gives any officer or employee of the reporting institution reason to suspect that the transaction involves proceeds of an unlawful activity.* CTR & STR

LawLawSection 25, Anti- Money Laundering And Anti- Terrorism Financing Act 2001Examination of a reporting institution(1) For the purposes of monitoring a reporting institution’s compliance with this Part, the competent authority may authorize an examiner to examine -- a) Any of the reporting institution’s records or reports that relate to its obligations under this Part, which are kept at, or accessible from, the reporting institution’s premises; and b) Any system used by the reporting institution at its premises for keeping those records or reports.* Financial Intelligence System (FINs)

LawLawSection 3, Evidence Act 1950Interpretation“Computer” means any device for recording, storing, processing, retrieving or producing any information or other matter, or for performing any one or more of those functions, by whatever name or description such device is called; and where two or more computers carry out any one or more of those functions in combination or in succession or otherwise howsoever conjointly, they shall be treated as a single computer; “Document” means any matter expressed, described, or howsoever represented, upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of –a) letters, figures, marks, symbols, signals, signs or other forms of expression, description, or representation whatsoever….

LawLawSection 90A, Evidence Act 1950Admissibility of documents produced by computer and of statements contained therein(1) In any criminal or civil proceeding a document produced by a computer, or a statement contained in such documents, shall be admissible….(2) For the purpose of this section it may be proved that a document was produced by a computer in the course if its ordinary use by tendering to the court a certificate signed by a person who….is responsible for the management of the operation of that computer….

* The maker of the document doesn’t need to come to court to testify see Gnanasegaran Pararajasingam v Public Prosecutor (1997) 4 CLJ 6

IT Resources & Analysis for IT Resources & Analysis for

CasesCases

CRISCRIS• Is a database tool which acted as the central

information depositor for the purpose of share and collaborate various information such as in achieving faster case solving among the MACC’s Investigation units/departments.

FUNCTIONSFUNCTIONS

• to gather all the information of the cases in MACC including:-

i. The details of the reports and actions have been taken by investigation officers;

ii. The family tree of suspects or targets;iii.The background/details of suspects or targets;iv.The fact of case; andv. Information on freezing and forfeiture of properties.

• To enable investigation officers to view and retrieve all the information of cases in MACC

CRISCRIS

BENEFITSBENEFITS

• Information of all cases in MACC can be centralized.

• Speed up the process of profiling the suspects or targets with the term that the suspects or targets must involved in others cases before.

• Reduce any duplication / double work by searching the facts / information of the cases through CRIS before start an investigation paper.

• Easier for top management to find out about each case.

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CRISCRIS

Example CasesExample Cases

Case Name

Finding Through CRIS

Hasbie’s Case ( Ex Secretary of Minister) & NFC’s Case( Ex Minister’s Family)

•Found out that the predicate case has been took over by Public Section of Investigation Division•Process of profiling the suspects and witnesses of the case settled within few minutes.•Success to gathered all the suspect’s and witnesses’ statement within few minutes.Conclusion: Investigator no need to do double job in gathering the information because all can be retrieved from the system. AMLA Investigator only need to focus on detect and uncover a laundering activities by doing the linking analysis such as finding the money trail for the corrupt money.

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CRISCRIS

FiFinancial Intelligence nancial Intelligence System (FINs) System (FINs)

• FINs is a reporting system that is developed by Bank Negara Malaysia to cater for submission of Suspicious Transaction Reports (STRs) and Cash Threshold Transactions(CTRs) from the Reporting Institutions (RIs). Its main purpose is to establish an effective information management in Financial Intelligence Unit(FIU), Bank Negara Malaysia.

• The FIU analyses the STRs and if it merits or has reason to believe or suspect that the transaction involves proceeds of an unlawful activity, FIU will disclose such information to the relevant enforcement agency such as MACC.

FUNCTIONSFUNCTIONS• To allow MACC’s officers to serve the Order

S.48(1) AMLATFA to all the Financial Institutions in Malaysia via Bank Negara Malaysia for the purpose of gathering all the suspect’s information and documents from RIs.

• To allow MACC’s officers to view and retrieve the STRs /CTRs reports that lodged by RIs upon request.

• To allow MACC’s officers to view the transmission tracking report upon request.

FINs FINs

BENEFITSBENEFITS• Speed Up the process of gathering all the

documents / information from RIs.

• Information gathered from CTRs/STRs reports can be used as the references for MACC’s officers to do the link analysis such as the monies trail for suspects and targets

• Transmission tracking report can be used as the references that ensuring the investigation officer to find out the clues to solve the case quickly and effectively.

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FINs FINs

Analyst’s Notebook 8 Analyst’s Notebook 8 (i2)(i2)

• Is a analytical tool used to analyst the information gathered and do the link analysis such as finding phone call patterns and money trail for suspects and targets.

FUNCTIONSFUNCTIONS• To consolidate the data gathered by

the investigation officer.

• To perform suspect link analysis for discovering the hidden connections from the disparate sources of data gathered.

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BENEFITSBENEFITS• Faster case resolution due to the ability to do

faster link analysis and find any duplication of work

• Accurate information dissemination would be the key success factor for decision making

• More focus on doing the complex link analysis

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Thank YouThank You