Case Discussion: Post Section 17A Malaysian Anti-Corruption Commission (MACC) Implementation

Ezzati Binti Muzammil is the first legal officer of the Malaysian Institute of Integriti. She has been widely involved in talks of corporate liability and has been the primary speaker for the training services provided by the Malaysian Institute of Integriti in relation to the law of corporate liability. Graduated with a Legal Degree from Universiti Teknologi MARA, she has practised as a litigation and conveyancing lawyer in various legal firms. She then moved on to trying her hand on Business Development to allow herself a first hand experience engaging in the corporate world, which then led her to becoming a legal executive and pioneering the legal department in the Malaysian Institute of Integirty.

Alex is a Forensics partner based in Kuala Lumpur. He is PwC’s South East Asia Cyber & Forensics Leader. Alex specialises in the prevention, detection and response to matters such as fraud, corruption, cybercrimes, conflicts of interest and money laundering. Alex has over 33 years in the investigations and Forensics area. Prior to joining PwC in Malaysia, Alex spent 7 years with PwC New Zealand where he set up and ran the Forensics practice. Whilst with PwC NZ, he also sat on the Board of Transparency International (NZ branch). Alex also has 17 years’ law enforcement experience - 9 years with the (then) Royal Hong Kong Police Force (including 3 years with the Commercial Crime Bureau) and 8 years with the New Zealand Serious Fraud Office (similar to Malaysia’s MACC).

Phye Keat has been practising law since March 1987. He is a graduate of the law faculty of University of Malaya with an LLB (Hons) and an LLM degree from the same university and is currently the Head of Corporate and Commercial in the law firm Raja, Darryl & Loh in Kuala Lumpur. Phye Keat has handled a broad spectrum of corporate and commercial transactions including joint ventures, manufacturing, telecommunications, computer contracts and information technology, licensing, franchising, foreign investment, immigration, sale of goods, construction, privatisation, infrastructure (including the first light rail transit project in Malaysia, STAR) and labour/employment. Through his involvement with Transparency International – Malaysia in which he is a former Executive Committee Member, he was active in advocating advancement in the anti-corruption laws of Malaysia including the new Section 17A on Corporate Liability in the MACC Act 2009. As part of his portfolio, Phye Keat has also been conducting workshops to clients from various sectors and industries on the Corporate Liability provision of the MACC Act and providing advice on compliance programs in respect of the same. He has been very active in helping various clients become compliant with the MACC Act and Guidelines on Adequate Procedures.

Mohd Nur Lokman Samingan is the Head of the Private Sector Branch Community Education Division of Malaysian Anti-Corruption Commission (MACC). He conducts Anti-Corruption Awareness programmes for both public and private sectors, and has over 15 years’ experience which includes as an investigator and prosecuting officer at MACC. He holds a Bachelor’s Degree in Law from the International Islamic University of Malaysia (IIUM).