How JSJK Investigates Mule Account Cases

What is JSJK?

JSJK stands for Jabatan Siasatan Jenayah Komersil, the Commercial Crime Investigation Department ^[f1]. It is part of the Royal Malaysia Police (PDRM) and handles financial crimes that need specialist skills.

JSJK is not a separate agency. It is a police department staffed by officers trained in financial investigation ^[f2]. When a mule account case involves complex money flows, many accounts or links abroad, JSJK may take it over from the district police.

If JSJK has contacted you, your case is with officers who specialise in financial crime. A good place to start is what happens when the police call you.

How do cases reach JSJK?

A mule account case can start with a police report, or with a bank reporting a suspicious transaction. District police may start the investigation and pass it to JSJK if the money trail is complex.

JSJK also gets referrals from Bank Negara Malaysia’s Financial Intelligence and Enforcement Department ^[f4]. When BNM spots suspicious patterns across several accounts, it can pass the information to JSJK.

The Investigating Officer JSJK assigns to your case is your main contact throughout ^[f5]. A lawyer can deal with this officer for you.

What does forensic accounting mean for you?

Forensic accounting is one of JSJK’s main tools ^[f3]. It means tracing every ringgit that moved through your account: where it came from and where it went. The aim is a full picture of the money trail.

JSJK’s forensic accountants go through bank statements, transaction records and digital payment logs. They look for links between your account and others in the suspected network. Depending on the number of transactions, this can take time.

Their findings go into the investigation paper sent to the Deputy Public Prosecutor. The investigation timeline guide explains the stages.

How does JSJK work with BNM and the AGC?

JSJK works with two other bodies during the investigation. Bank Negara Malaysia gives it financial intelligence, including information it holds as the regulator of banks ^[f4].

When the investigation paper is finished, JSJK sends it to the Attorney General’s Chambers (AGC). A Deputy Public Prosecutor there decides whether to charge, ask for more investigation or close the case. The file may go back and forth between JSJK and the AGC before a decision.

So your case is reviewed by more than one body before any charge. Our guide to account freezes explains how freezes fit into this process.

What happens when JSJK contacts you?

JSJK may phone you, send a letter or visit your home. They may ask you to come to their office to give a statement. You can see a lawyer before you go. Whether a lawyer can come into the room with you is up to the officer, so ask in advance.

If JSJK has called you to give a statement, gather your bank statements and any messages about your account. Do not delete any messages or records. A lawyer can go through them with you before the appointment.

During the statement, the IO will ask about your account activity, who you dealt with and why. Your rights during the investigation include consulting a lawyer if you are arrested, and declining questions that would expose you to a criminal charge.

What are your rights in a JSJK investigation?

You have the same constitutional rights in a JSJK investigation as in any police investigation. If you are arrested, Article 5(3) of the Federal Constitution and CPC Section 28A give you the right to consult a lawyer before questioning. There is no general right to have your lawyer sit with you during the interview, so ask in advance.

Under CPC section 112 you must answer questions truthfully, but you need not answer a question that would expose you to a criminal charge, penalty or forfeiture. A lawyer helps you tell which questions you must answer and which you need not.

Act quickly. Contact a lawyer who handles financial crime cases as soon as you know JSJK is involved. Early advice can help you respond properly and protect your position for the rest of the investigation.

Sources

1. Royal Malaysia Police (PDRM), JSJK Organisational Information (rmp.gov.my)
2. Bank Negara Malaysia, Financial Intelligence and Enforcement (bnm.gov.my)
3. Criminal Procedure Code (Act 593), Sections 112 and 116D
4. Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA)
5. Federal Constitution of Malaysia, Article 5(3)