QUOTE(GoldChan @ Nov 7 2012, 02:56 PM)
3. I think some ammendments may be required in the law (evidence act) to allow some of the assets seized to be distributed back to the victim in a reasonable time frame so that people can get on with their life considering the scale of this problem. But if you look deeper it is difficult to assess the correct compensation for each victim as some may have received hibah for 2 months, some for 2 years..
But what is a reasonable time frame? For the Madoff case, I think it took about 3 years for the trustee to clawback all the funds and calculate the claims.
These GMS folks didn't get heebah for only a month and many of them claim to be in financial distress already.
BNM has also stated that these companies practiced shoddy bookkeeping which further complicates matters. So did Madoff, for that matter, which is why it took that long.
GMS want their gold delivered now, at the very least. They also want their heebah and commissions. For some reason, they think it is their right, and that it is a reasonable request. However, who's claim is BNM supposed to honor?
Consider the gold. Genneva claimed that it had 200kg of gold raided by itself, yet the total gold taken from all the companies adds up to only ~142.7kg, of which we don't know how much is Genneva's. How to distribute? Who gets to claim first?
What about the monies? There's only ~RM101.92million, again from all 4 companies and we don't know what percentage is Genneva's. Matthew Ee claims that RM150 million worth of heebah is paid out by Genneva every month...uh oh...see the problem here?
So no, no one is getting their money and gold anytime soon even if the courts might allow it. BNM has to sort through the mess, figure out how much is lost and work out what is a fair claim for each customer.