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15-April-2010
Swisscash: Court approves criteria for restitution
25-February-2010
Swisscash: Update on restitution process
27-January-2010
NOTICE BY ADMINISTRATOR APPOINTED BY SECURITIES COMMISSION MALAYSIA





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This is an extract from the Affidavit filed by SC
CIVIL SUIT NO: D7 - 22 - 805 OF 2007


i. eligibility and payment criteria (2).

Cut-off date

6. I humbly crave leave of this Honourable Court to refer to paragraph 47 of my earlier Affidavit wherein a cut-off date for investments that are eligible for payout was proposed at 21-6-2007, on which date, the Malaysian Communications and Multimedia Commission ("MCMC") blocked access to the SwissCash website to investors residing in Malaysia.

7. However, as SwissCash was an illegal internet investment scheme that was designed to defraud, investors residing outside Malaysia were still able to access the website after 21-6-2007 and some of these investors made investments after that date because they were unaware at the time of the SC`s actions in blocking the Swisscash website in Malaysia as MCMC only had the authority to block Malaysian access to the website. Out of a total of 21,307 Statutory Declaration claims received by the Administrator, 598 investors are investors who are known to be residing outside Malaysia.

8. These investors who have filed in their claims reside in various countries, including Singapore, Indonesia, India, Iran and the United States of America.

9. Furthermore, the SC had received considerable international assistance in investigating SwissCash, including from their foreign counterparts. Hence, it is fair and equitable that these investors are compensated.

10. The SC recommends that an extended cut-off date applies to investors who are residing outside Malayia as they would not have had sufficient notice of the access block of the Swisscash website by the MCMC in Malaysia. As such, the SC proposes that a new cut-off date strictly limited to investors residing outside Malaysia be fixed at 7 July 2007.

11. The eligibility criteria, payment criteria and payout ratio for these investors are as set out in Paragraphs 38 - 61 of my earlier Affidavit.

Please go to SC website for the full text of the Affidavit.


 
 
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