Goldman Sachs sues Malaysia as 1MDB settlement dispute escalates
- Executives at the Wall Street firm took the unusual step after growing increasingly frustrated with the country’s demands to renegotiate an existing settlement
- Goldman is accusing the Malaysian government of ‘violating its obligations to appropriately credit assets against the guarantee’ offered by the firm in the deal
“We filed for arbitration against the government of Malaysia for violating its obligations to appropriately credit assets against the guarantee provided by Goldman Sachs in our settlement agreement and to recover other assets,” a spokesman for the New York-based bank said in an emailed statement.
Executives at the Wall Street firm had grown increasingly frustrated with the country’s demands to redo its existing 2020 pact in favour of more onerous penalties, and the lack of information tied to the looted assets the nation has been recovering.
The complaint was filed on Wednesday in the London International Court of Arbitration, a person familiar with the matter said.
Malaysia’s Anwar may sue Goldman over 1MDB: ‘I’ve to get money back’
The 1MDB investment fund became the centre of a multibillion-dollar scandal that spawned probes across continents.
Months after striking the initial agreement in 2020, Goldman admitted to its role in the biggest foreign bribery case in US enforcement history, reaching multiple international settlements exceeding US$5 billion for its part in raising funds for 1MDB.
As part of the 2020 settlement with Malaysia, Goldman made an initial US$2.5 billion payment in September of that year. It also guaranteed the return of US$1.4 billion of 1MDB assets seized by authorities worldwide in exchange for Malaysia agreeing to drop criminal charges against the firm and to not bring new ones.
The bank also was required to make an interim payment of US$250 million if Malaysia did not receive at least US$500 million of assets and proceeds by August 2022, according to Goldman. The two sides have been locked in a disagreement over that, the bank has spelled out in public filings.
Malaysia’s 1MDB task force said Goldman Sachs had requested several extensions to a deadline for discussions to settle the dispute. The latest deadline is November 8.
01:56
Malaysia's ex-PM Najib Razak fails in final bid to overturn 1MDB-related corruption conviction
The task force said on Thursday it viewed Goldman Sachs’ filing of arbitration proceedings against the country as premature, as both parties were still in the stage of good-faith discussions to resolve any dispute amicably.
“At this juncture … parties are still considered to be in the amicable good faith discussions stage and therefore as an aggrieved party, the 1MDB Taskforce views Goldman Sachs’ initiation of arbitration proceedings as premature and without due consideration of necessary prerequisites,” Johari said.
Johari accused Goldman of trying to distract from the interim payment, and said the Malaysian government would respond to the matter accordingly.
Malaysia 1MDB scandal: alleged Jho Low aide arrested as crackdown continues
Goldman Sachs lodged its suit less than two months after Malaysian Prime Minister Anwar Ibrahim threatened to take the company to court.
“They are taking us for granted, they think that we’ll not proceed,” Anwar said.
“There’s nothing for us to lose except for the legal fees, which a government can manage. But it’s also the integrity of Goldman Sachs that’s in question.”
Goldman had helped 1MDB raise US$6.5 billion in two bond offerings, earning itself US$600 million in fees, according to the US Justice Department.
