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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. |