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Saturday, 22 June 2024

Millions stolen from bank with insider help; Theft prompts security review

KUALA LUMPUR: The suspects linked to the siphoning of millions from a bank targeted their victims based on insider information, says Bukit Aman.

Bukit Aman Commercial Crime Investigation Department (CCID) director Comm Datuk Seri Ramli Mohamed Yoosuf (pic)said the group stole the money in stages after they had identified high-value account holders.

“The money was taken out via the bank counter and the first one was conducted around April. Several more were done in May and June.

“With inside help, the money was taken out according to bank procedures. The case only came to light after an account holder went to the bank to update details,” he said at a press conference yesterday. 

He said it was possible that syndicate members who were working in the bank also directly facilitated the transactions.

Among those caught included a bank manager.

Investigations showed that the mastermind had expertise in forgery and the syndicate members would use forged identifications to take money out of targeted accounts. 

“The details would be the same but the photo and thumbprints would be changed,” he said, adding that forged documents were then used to facilitate the money transfers.

Meanwhile, another case has been detected, with losses involving RM551,000.

“This was done at another bank earlier in the year and we are also investigating that case,” he said.

When contacted, Comm Ramli said 13 people, including four bank employees, were detained recently in connection with millions of ringgit that vanished.

Arrests were mostly made in Kota Kinabalu with one suspect caught in Padang Besar, Perlis.

The case is currently being investigated under Section 420 of the Penal Code for cheating.

“The involvement of bank personnel in commercial crime is a very serious matter.

“In the past, we have encountered cases where bank personnel were complicit in crimes such as criminal breach of trust or embezzlement.

“There are also those who were in cahoots with theft or scam syndicates,” he said.

Comm Ramli urged financial institutions to improve their security such as tightening procedures or imposing stricter measures in regard to withdrawal from accounts.

“Such measures are necessary to prevent theft or missing funds from customers’ bank accounts.

“We feel that improvements are needed for the sake of the account holders,” he said.

From 2022 to June 15 this year, a total of 485 cases of missing funds from bank accounts have been recorded involving RM35.01mil in losses.

“From the overall statistics, this year alone we recorded RM25.76mil in losses and 65 cases.

“The highest number was 225 cases last year, but it involved only RM4.82mil, followed by 195 cases in 2022 involving RM4.42mil,” he said.

Besides the involvement of “inside men” in financial institutions, Comm Ramli said another factor that could have contributed to the missing funds was disclosure of banking details to a third party.

“Our investigations revealed that some victims might have intentionally or unintentionally revealed details of their online banking username and password,” he said.

Comm Ramli said scammers are known for using the phishing technique to dupe victims via email or text messages.

He advised the public to stay vigilant and be wary of tactics used by scammers.

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Theft prompts security review

RM24mil bank fraud: Inside men picked high-value accounts to hit, says CCID director

Theft prompts security review


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PETALING JAYA: A recent embezzlement case involving bank staff in Kota Kinabalu has sparked calls for tighter security measures in financial institutions.

Universiti Sains Malaysia criminologist Datuk Dr P. Sundramoorthy (pix) said the recent case that saw over a dozen arrested was both concerning and a wake-up call.

“Although the number of wrongdoings and criminal acts by bank employees may be very minimal, it cannot be ignored.

ALSO READ: RM24.2mil fraud: BNM requests prompt refunds to all affected account holders 

“The rakyat, investors and the business community depend on the banks to safeguard their money.

“We don’t have a choice in this matter.

“Banks must aggressively play a role in eliminating undesirable employees,” he said, adding that banks need to invest in internal security and loss prevention departments, even if it incurs costs.

“These departments should have the expertise to detect embezzlement, fraud and misconduct by employees,” he said.

“Security investments are assets, not liabilities.”

ALSO READ: Millions stolen from bank with insider help

Drawing comparison with law enforcement bodies, he added that employees at highly sensitive areas should be rotated to avoid any potential for leakages within the bank, even if they are competent in their jobs.

“This is especially important for positions with access to customer accounts,” he said.

Pre-employment screening must also be done for all employees with regular assessments for those in service, he added.

Duties must also be “robustly” segregated, with dual authorisation practices implemented as well.

“That was a substantial amount of money (lost) and I hope measures will be taken.

“Since it was an inside job, the bank must be responsible for covering every single ringgit and sen that was misappropriated.

“Banks must be proactive and they should work together with the victims and law enforcement to ensure such incidents are reported.

“Employee pilferage is not new but it is also not frequent. We must not tolerate it,” he said, adding that harsh penalties and criminal charges must be meted out on those involved.

Such cases, he said, also affects the credibility of the bank involved as customer confidence will drop.

Previously, Bukit Aman Commercial Crime Investigation Department (CCID) director Comm Datuk Seri Ramli Mohamed Yoosuf said that four police reports were lodged since early June regarding suspicious transactions, with losses estimated to be around RM24.2mil.

As of June 18, the police have arrested 13 suspects aged between 22 and 52 years old.

Four suspects were found to be employees of the bank. 

https://www.thestar.com.my/news/nation/2024/06/22/theft-prompts-security-review

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Commissioner Of Buildings (COB) In Malaysia, And Their 6 Main Functions


Have you heard of the Commissioner of Buildings (COB)? Maybe it’s whispered about in your apartment complex at night — "be sure to pay your maintenance fees, or the Commissioner of Buildings will get you".
Don’t worry, it’s not as scary as that! The COB is actually a valuable part of effective facility management, and that’s particularly important when you live in a large stratified property.
So, let’s dispel the myths and get down to the truth. Here’s everything you need to know about the Commissioner of Building in Malaysia, and why that’s important to you as a property owner.

Understanding The Commissioner Of Buildings

The Commissioner of Buildings is essentially an enforcement officer designed to police the rules and regulations of the Strata Management Act 2013 (SMA).
This Act is the framework of regulation, which ensures stratified properties are managed and maintained in an effective and fair manner.
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It’s the set of rules that lays out the rights and obligations of every single stratified property owner in Malaysia, as well as other relevant parties, such as management bodies and developers.
It includes essential elements of stratified property ownership, such as the rules and limits around maintenance fees and sinking funds.
A COB will only ever be appointed to oversee stratified properties such as apartments, condos, or flats, so you don’t have to worry about someone turning up at your bungalow looking to enforce any rules!
Stratified properties are those where owners possess a strata title to individual property units as part of a larger shared development, and some less common property types like townhouses.
In addition, the Commissioner of Buildings is empowered by a local council authority within a given state.
So, for example: the Commissioner of Buildings Selangor will have separate agents appointed by, and responsible for, municipal councils from Subang JayaPetaling JayaKajang, and so on.
You can find a handy list of Commissioner of Buildings compiled by the National House Buyers Association to refer to here.
The COB is empowered to investigate and adjudicate on breaches of the SMA, providing a neutral third-party that ensures all rules are fairly applied to everyone involved. Basically, they’re kind of like the sheriff of building management.

PropertyGuru Tip

The term ‘adjudicate’ simply refers to the process of determining how much stamp duty is payable for the instrument of transfer.

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A Commissioner of Buildings’ role isn’t just about punishing people though. It’s designed to ensure proper management and upkeep of stratified property is maintained for the benefit of all.
They’ve even got a cool description of their objective, taken from the official Klang Commissioner of Buildings’ website:
To ensure maintenance of joint property is implemented, based on the law and procedures, for creating harmony in life sharing joint property for the development of elevated [buildings].

What Does The Commissioner Of Buildings Do?

Like we’ve highlighted above, the Commissioner of Buildings enforces the rules laid out in the Strata Management Act 2013. But what does that really cover?

It’s not just maintenance fees and sinking funds like you might think. There are six main functions of the Department of Building Commissioner, as noted by the Klang COB:
  1. Conducting inventory on buildings within the relevant local area.
  2. Ensure the establishment of a Joint Management Body (JMB) for development involving stratified planning.
  3. Resolving any dispute between the developer and the purchaser relating to the establishment of the JMB and account maintenance.
  4. Monitor the action of a developer in addressing repair defects.
  5. Enforce the law stipulated in the Strata Management Act (Act 757) 2013 and the Strata Management Act 2013 (Act 757).
  6. Provide periodic learning about administrative management, audited accounts, financial provisions and other various topics related to the management of JMB/MC.
That list of duties covers a whole range of property management obligations, from accounts right through to education and support for the Joint Management Body (JMB) or Management Corporation (MC).
The Commissioner of Buildings is entitled to a range of powers in order to fulfill the obligations highlighted above.
They include, but are not limited to, access to accounts of management boards and developers for the purpose of auditing.
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That means all decisions made by the COB should be informed by the latest financial information to ensure appropriate oversight.
The COB can also step in and appoint an individual to assemble meetings in order to meet the obligations of building management, or order the MC itself to hold an extraordinary general meeting (EGM) if required.
Commissioner of Buildings, or authorised personnel designated by the COB, may access a property for the purpose of carrying out essential repairs at any time.
The COB also has power to prosecute any individuals who fail to meet their payment obligations such as management or maintenance fees, and adjudicate on any dispute around payment of such fees.
That includes obligations around the defect liability period that’s laid out in the Housing Development Act.

Is The COB Always Right?

It might sound like the COB is some sort of all-powerful overseer of strata property management, but that doesn’t mean they’re not also held accountable.
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The COB is answerable to the Strata Management Tribunal. On top of that, the rulings of the COB are ultimately answerable to legal processes in the courts, and challenges to COB decisions can be brought in via this way.
In one example from 2010, a Management Corporation (MC) for a development in Penang challenged the COB in the High Court over a ruling that only unit owners could be elected as council members of stratified property management corporations.
The COB ruling, and the following appeal, were later upheld. The COB isn’t always in the right, however.
In 2013, the COB ruled on a case whereby a developer owed a JMB for a shortfall of RM500,000 in overdue maintenance funds.
The JMB referred the matter to the COB, who ruled that the sum was owed by the developer to the JMB. A court ruling later dismissed this, citing lack of jurisdiction in this matter by the COB.

What’s The Difference Between COB And Strata Management Tribunal?

At this point, some of you might be wondering where the Strata Management Tribunal (SMT) comes into play?
The Strata Management Tribunal is another legally recognised body, which, like the Commissioner of Buildings, provides a vital service in overseeing stratified properties.
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While the COB is concerned with the general needs and enforcement of building maintenance and management, the SMT is a body which exclusively deals with resolving disputes. There are some subtle differences however, that should be recognised.
Ultimately, the COB is answerable to the SMT, since it’s the empowered legal authority for overseeing the implementation of the full Strata Management Act 2013The Strata Management Tribunal is limited to claims brought by the following parties:
  • Developer
  • Purchaser
  • Proprietor
  • Joint Management Body (JMB)
  • Management Corporation (MC)
  • Subsidiary Management Company (SMC)
  • Managing agent
  • Relevant parties (Special permission granted by Tribunal)
The SMT is designed to provide an affordable and accessible dispute resolution body for problems of stratified ownership. There’s no legal representation required, except in extremely complex cases where it’s deemed that one party may be disadvantaged by lack of representation.
The critical point to understand about the SMT in relation to the COB is that the SMT will only hear claims covering financial costs up to a maximum RM250,000.
Any cases over that amount, such as the 2013 disputed claim noted above, are outside that scope. You can find out more about the full details of the Strata Management Tribunal here.
Breaking down the difference between SMT and COB in the most simple way possible – the Commissioner of Buildings is the sheriff and the enforcer, the Strata Management Tribunal is the judge(s) who oversee application of the law.
These are all important measures to ensure all stratified properties don’t end up becoming like the Wild Wild West of property management!
Relevant Guides:
Disclaimer: The information is provided for general information only. PropertyGuru International (Malaysia) Sdn Bhd makes no representations or warranties in relation to the information, including but not limited to any representation or warranty as to the fitness for any particular purpose of the information to the fullest extent permitted by law. While every effort has been made to ensure that the information provided in this article is accurate, reliable, and complete as of the time of writing, the information provided in this article should not be relied upon to make any financial, investment, real estate or legal decisions. Additionally, the information should not substitute advice from a trained professional who can take into account your personal facts and circumstances, and we accept no liability if you use the information to form decisions.
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Wednesday, 19 June 2024

‘Review Strata Management Act’

 

Separate role for property managers


Borhan (front row, third from left) with attendees during the Strata Residential Building Management Enhancement Seminar in Shah Alam.

A REVIEW of the Strata Management Act 2013 is needed to ensure existing laws and regulations are relevant and effective, says Selangor housing and culture committee chairman Borhan Aman Shah.

He said the law needs to address emerging challenges faced by joint management bodies (JMB) and management corporations (MC).

Borhan said the Housing and Local Government Ministry should consider providing more funds and grants to JMB and MC to assist them in implementing maintenance and repair projects.

“Provide more training and capacity building for JMB and MC members as well as building management agents,” he said during the Strata Residential Building Management Enhancement Seminar at a convention centre in Shah Alam. 

Borhan said the ministry should introduce new technology for strata management.

“This includes the use of mobile apps and digital management systems to streamline the daily operations of JMB and MC in enhancing management efficiency,” he said.

He also suggested that personal accident insurance packages be included for JMB and MC committee members under the amended law to motivate them to carry out their duties.

He said for example, when the JMB or MC carried out maintenance checks and the elevator in an apartment was faulty, their safety could be at risk.

Such checks, Borhan said were made without any guarantee that they would be compensated in the event of an untoward incident.

“There is nothing to ensure their safety or welfare, and many felt burdened when carrying out their jobs.

“Besides the insurance, JMB should be allocated additional grants to enable them to carry out their responsibilities without having to worry about their safety.

Borhan advised those involved in managing apartments to attend seminars to empower and update themselves on governance system for JMB and MC.

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Related

Govt to review, amend Strata Management Act

Govt to review, amend Strata Management Act

KUALA LUMPUR: The government is set to review the Strata Management Act 2013 (Act 757) for amendment soon, said the local government development ministry.

Its deputy minister, Akmal Nasir, said the review and amendment of the Act were in line with the third Rolling Plan of the 12th Malaysia Plan.


Strata Management Practice & Procedure A ...

13 Oct 2021 — Strata Management Act 2013 [Act 757]. Strata Management Act 2013 [Act 757]. Strata Management (Maintenance and Management) Regulations 2015

https://www.ongmaju.com/wp-content/uploads/2017/01/Strata-Management-Act-757-English.pdf

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Aged Birds cannot fly, What a great message to Human. Follow them

An old age bird can't fly and go out for food, no old age home unlike human beings have, young baby bird is feeding. It's message to human beings about beautiful relationship....🙏🙏
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