Recent reports indicate that the Malaysian Anti-Corruption Commission (MACC) is investigating alleged false claims involving the Daya Kerjaya 2.0 programme.
Many employers, directors, accountants, company secretaries and consultants may be concerned if they have received inquiries from MACC, PERKESO or other enforcement agencies in relation to claims submitted under the programme.
As with any investigation involving government incentive schemes, the facts and circumstances of each case will differ. The extent of a person’s involvement, knowledge and role in the preparation or submission of documents may be relevant considerations during an investigation.
If you are contacted by MACC or any enforcement agency regarding Daya Kerjaya 2.0 claims, you should:-
- Preserve all documents and records relating to the claims;
- Retain payroll, EPF and SOCSO records;
- Keep all communications with agents, consultants and third parties;
- Avoid destroying or altering documents; and
- Obtain legal advice before attending any interview or giving a statement.
Many companies engaged consultants, agents, accountants or service providers to assist with government incentive applications.
The extent of liability, if any, will depend on the particular facts of each case, including the knowledge of the parties involved, the documents submitted and the role played by each individual in the application process.
The recent developments serve as a useful reminder of the importance of maintaining proper records and exercising due diligence when participating in government grant, subsidy or incentive programmes.
Law Chambers of Zander Lim regularly advises companies, directors, accountants, company secretaries and other professionals in investigations involving alleged false claims, including matters arising under section 18 of the MACC Act 2009 and related offences under the Penal Code.
