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In the latest development on 21 September 2016, a Singapore court approved, the extradition of Raja Maslindah Raja Shamsad (“Lindah”), a Singaporean, and Neil Peterson (“Peterson”), a Malaysian with permanent residency, both of whom face charges of conspiring to defraud, using electronic or wire communication to obtain money and property fraudulently, and submitting false claims to the U.S. Navy.

Facts

Glenn Defense Marine (Asia) (“Glenn Defense”) is a Singapore company which provided ship husbanding services for U.S. Navy ships. At every port visit, the U.S. Navy ships and submarines would order goods and services from Glenn Defense and in turn, Glenn Defense would submit its invoices to the respective vessels for payment.

The Chief Executive Officer of Glenn Defense was Leonard Glenn Francis (“Leonard”), a Malaysian national. He was alleged to have bribed U.S. Navy personnel for classified information on the movement and schedules of the ships. Following his arrest on 15 January 2015, he similarly pleaded guilty to all charges and informed investigators about the roles played by Lindah (Glenn Defense’s general manager for Singapore, Australia and the Pacific islands) and Peterson (Glenn Defense’s vice president for global operations) in the conspiracy.

Lindah and Peterson were charged in absentia in San Diego. Subsequently, the U.S. sent an extradition request to Singapore in late 2015. Lindah and Peterson were arrested in July 2016.

Following the approval of the extradition of Lindah and Peterson by the Singapore court on 21 September 2016, both parties will be remanded in prison until the Minister of Law, Mr K Shanmugam, issues a warrant for their surrender to the United States.

Comments

As mentioned in our earlier client alert, this case is an example of a prosecution by the U.S. authorities of foreign nationals who were found to have obtained or aided in obtaining the payment of false, fictitious or fraudulent claims, in respect of their contracts with US military personnel. It further demonstrates the cooperation between states to ensure that accused persons are swiftly and appropriately dealt with in their respective jurisdictions.

Author

Andrew Martin is the Managing Principal and co-head of the M&A Practice Group in Singapore. He is recognised as a leading lawyer by legal directories such as Chambers Asia Pacific and Legal 500. He trained and initially worked in England, followed by several years in Hong Kong and Australia before settling in Singapore in 2002.

Author

Weiyi Tan is a principal in the Firm’s Dispute Resolution and Intellectual Property practice groups in Singapore. She advises on domestic and international commercial litigation and assists clients with complex cross border investigations and regulatory actions.