NEW YORK: A former Goldman Sachs banker charged with helping to embezzle hundreds of millions of dollars from Malaysia's 1MDB sovereign wealth fund will go on trial in the United States next week, in a case that could shed light on how the bank responded to warnings of corruption.
Roger Ng, Goldman's former investment banking chief in Malaysia, will be the first - and likely only - person to stand trial in the United States over one of the biggest financial scandals in Wall Street history.
Ng's former boss, Timothy Leissner, pleaded guilty in 2018 to money laundering and corruption charges, while a Goldman subsidiary in 2020 pleaded guilty to conspiring to violate an anti-bribery law.
Ng has pleaded not guilty to three counts of conspiring to launder money and violate an anti-bribery law. Opening statements are scheduled for Monday in federal court in Brooklyn.
Prosecutors say Ng and Leissner evaded Goldman's internal compliance protocols. But Ng's lawyers say he had no role in the crimes and that Leissner falsely implicated him in an effort to reduce his punishment. Leissner, Goldman's former Southeast Asia chairman, has not yet been sentenced.
Legal experts said Ng faces tough odds since prosecutors will likely show the jury emails and online chats indicating his involvement, as well as financial records showing he benefited from the scheme. They are also expected to call Leissner as a witness.
"They have a bit of a mountain to climb especially since his boss has turned on him and will provide the testimony necessary to link him into the conversations, the actions, the strategy which facilitated the criminal act," said Michael Weinstein, a white-collar criminal defense lawyer at Cole Schotz PC and a former federal prosecutor.
The charges against Ng, 50, are related to some $4.5 billion U.S. prosecutors say was embezzled between 2009 and 2014 from 1Malaysia Development Berhad, a fund launched in 2009 by Malaysia's former prime minister, Najib Razak, to spur economic growth.
During that period, prosecutors say, Goldman earned $600 million in fees for helping 1MDB sell $6.5 billion in bonds. But Ng, Leissner, and a Malaysian intermediary named Jho Low conspired to pay $1.6 billion in bribes to officials in Malaysia and Abu Dhabi to win the business for Goldman, according to prosecutors.
Low has not been arrested by U.S. or Malaysian authorities. Malaysia says Low is in China, which Beijing has denied.
Goldman Sachs in 2020 paid a $2.3 billion fine, returned $600 million in ill-gotten gains and agreed for its Malaysian subsidiary to plead guilty in U.S. court as part of a deal, known as a deferred prosecution agreement (DPA), with the Department of Justice.
Ng's lawyers acknowledge he introduced Low to Leissner, but say he had no further role in the scheme and later warned his superiors at Goldman that Low was "not to be trusted," a November 2020 court filing shows.
"He just wasn't involved with Leissner and Low and a host of other people in this stunningly massive series of crimes," said Marc Agnifilo, a lawyer for Ng, describing his client as a "fall guy."
Agnifilo said financial inflows that Ng received that prosecutors call ill-gotten gains had nothing to do with 1MDB.
'INSTITUTIONAL FAILURES'
The long-running scandal, which came to light in 2015, has had far-reaching consequences and led to widespread public outcry in Malaysia. Najib, who was voted out of office in 2018, is accused by Malaysian authorities of receiving more than $1 billion traceable to 1MDB. Najib, who has appealed a 12-year prison sentence, has consistently denied wrongdoing.
At least six other countries, including Singapore and Switzerland, have launched investigations into 1MDB's dealings.
But after reaching the DPA in 2020, Goldman itself is unlikely to face any material damage from Ng's trial, said Odeon Capital analyst Dick Bove. Chief Executive David Solomon has revived the bank's fortunes since his appointment as CEO in October 2018, delivering record annual profit in 2021.
"No one is going to come after David Solomon over what this guy did in Malaysia years ago," Bove said. "I'm sure that there will be a lot of incendiary information that comes out, but from the standpoint of Wall Street, these pieces of information will be nothing but an embarrassment and annoyance."
While Solomon in 2018 blamed the scandal on employees who "broke the law" and said the company's compliance was strong, he said at the time of the October 2020 settlement that there were "institutional failures" at the bank.
That shift could make it hard for Ng to argue he is simply a scapegoat, said former federal prosecutor Bruce Searby.
The argument "doesn't take any responsibility away from Roger Ng," said Searby, now a white-collar defense lawyer in Washington, D.C.
Reuters
Fri Feb 11 2022
Ex-Goldman Sachs banker Roger Ng arrive at federal court for the jury selection process for his trial in New York, U.S., February 8, 2022. - REUTERS
Pro-Palestinian NGOs seek court order to stop Dutch arms exports to Israel
The Dutch state, as a signatory to the 1948 Genocide Convention, has a duty to take all reasonable measures at its disposal to prevent genocide.
How quickly can Trump's Musk-led efficiency panel slash US regulations?
Moves by Trump and his appointees to eliminate existing rules will be met with legal challenges, as many progressive groups and Democratic officials have made clear.
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.