PUTRAJAYA: The Malaysian Anti-Corruption Commission (MACC) is assessing the implementation of the proposed Deferred Prosecution Agreement (DPA) mechanism within the MACC Act, says its chief commissioner Tan Sri Azam Baki.
“We will propose to the government that this law be enacted in which charges are deferred, and a resolution is reached to ensure that the country obtains higher revenue,” he said.
A DPA refers to a voluntary agreement reached between a prosecutor and an organisation facing financial crime charges to allow prosecution to be suspended or deferred, provided the organisation fulfils specified conditions.
Among conditions that can be stipulated under a DPA are payment of a monetary fine, disgorgement of monies associated with the offence, and monitoring by regulatory agencies.
Azam said the MACC will also focus its efforts on improving the country’s economy by reducing leakages and recovering the nation’s wealth.
He said the MACC has adopted a modern and professional approach to combating corruption, thus recovering government assets and funds.
According to him, the commission devised a technique for investigating high-profile cases using the intelligence-based investigations (IBI) method.
“It starts with the identification of high-profile corruption perpetrators and subsequently asset recovery, in which assets are returned to the government.
“This IBI method is able to uncover grand corruption,” he said in a special interview here recently, Bernama reported.
Azam said that MACC also conducts investigations using the management team-based investigation (MTI) method to produce a more transparent and quality investigation paper.
He said these methods are used while taking into account the importance and urgency of a case, particularly when it involves organised criminal activities.
“This is because when corruption and abuse of power happen, they involve a significant amount of leakage. But this does not mean that other [smaller] cases are ignored,” he said.
At the same time, Azam said investigations, charges, and several other legal processes are still ongoing, and that efforts to repatriate public funds are being actively pursued.
He said that one of the MACC’s success stories in using these methods was the recovery of assets and funds related to the 1Malaysia Development Bhd (1MDB) case.
Azam also said that people should be made aware of the new methods so they can comprehend the advantages of implementing them.
He said that while people consider taking cases to court important, he does not regard charges in the same way.
“If we can save costs by having a shorter trial, that is also beneficial,” he said, adding that this approach is used in developed countries such as the United States.
On the MACC’s accomplishments in 2022, Azam said 820 investigation papers involving corruption and abuse of power were opened, with 766 – or 93.41% – of the cases resolved within the year.
During that period, 909 individuals were arrested, including 323 civil servants, while the rest were from the private sector, non-governmental organisations, the general public, and others, he said.
In terms of asset recovery, Azam said the total amount of assets that were forfeited last year was RM149,695,341.49, with compounds totalling RM44,454,800 issued under Section 92(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
“The highest contributor to the confiscated amount was from Ops 1MDB totalling RM64,386,825.68.
“This is a result of strategic cooperation between the MACC and other law enforcement agencies, including the US Department of Justice and the Federal Bureau of Investigation,” he added.
