MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC)
FINANCIAL INTELLIGENCE SYSTEM (FINs)
&
CORRUPTION REPORTING INFORMATION
SYSTEM (CRIS)
Presentation by
Fikri Ab. Rahim
Anti-Money Laundering Section
June 2013
Santiago, Chile
1
Law
According 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 Commissiona) 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
telecommunication
c) 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.
Contents
•
•
Law
IT Resources
3
Law
Section 14, Anti- Money Laundering And AntiTerrorism Financing Act 2001
Report by reporting institutions
A reporting institution shall promptly report to the competent
authority any transaction -a) Exceeding such amount as the competent authority may
specify ; and
b) 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
Law
Section 25, Anti- Money Laundering And AntiTerrorism Financing Act 2001
Examination 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)
Law
Section 3, Evidence Act 1950
Interpretation
“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….
Law
Section 90A, Evidence Act 1950
Admissibility 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 Cases
i2
FINs
CRIS
CASES
Open
Report
CASES
CASES
Case
Complete
CRIS
• 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.
CRIS
FUNCTIONS
• 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; and
v.
Information on freezing and forfeiture of properties.
• To enable investigation officers to view and retrieve all
the information of cases in MACC
CRIS
BENEFITS
• 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.
Back
Example Cases
CRIS
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.
Back
Financial Intelligence 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.
FINs
FUNCTIONS
• 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
BENEFITS
• 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.
Back
Analyst’s Notebook 8 (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.
i2
FUNCTIONS
• 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.
i2
BENEFITS
• 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
Back
Thank You