It was recently reported that the Malaysian Anti-Corruption Commission (MACC) had seized RM1.6 million in assets linked to one of its senior officers over allegations of power abuse and misappropriation.
Yes, section 38 of the MACC Act 2009 provides for that seizure power. Seizure is not the same as forfeiture. The former does not result in the property vesting in the Government, whereas the latter does.
A forfeiture may subsequently be ordered by a Court under S 40(1), if a criminal case is brought against the offender and the seized property is proven to be the subject matter of the offence. Interestingly, under S 41(1), the Court may order the forfeiture of the seized property EVEN if no criminal case is brought against the offender if the Court “is satisfied that such property had been obtained as a result of or in connection with an offence…”.
Such is the wide powers that MACC is clothed with. So, do stay away from any act of corruption that may result in your private property being seized and forfeited.
