LONDON:
Imbisat Malick, a Muttahida Qaumi Movement’s London-based Central
Co-ordination Committee member, was jailed because of his involvement
with the MQM and the fraud for which he was prosecuted came to light
during a police investigation into the finances of the MQM, court papers
obtained by The News confirm.
Some MQM leaders have
gone on record to state that Imbisat Mallick has been jailed for 21
months over a mortgage fraud that was his personal matter, but the court
papers available with this correspondent unambiguously state that “the
fraud came to light during a police investigation into the finances of
the MQM, a Pakistani political party based in the UK, the investigations
has shown that members of the organisation have access to large cash
balances and have an extensive property portfolios.”
In
cases where mortgage frauds are involved, police rarely get involved as
banks pursue such civil cases, but Mallick’s conviction is unique in the
sense that around 15 members of the Counter Terrorism Command Unit
officials – the same unit that’s responsible for the murder
investigation of Dr Imran Farooq and the associated money-laundering
cases—raided the house of Imbisat Mallick under the Police and Criminal
Evidence Act (PACE), after executing such warrants. The court papers
clearly show that Mallick’s mortgage was 100 percent up-to-date. The
court papers confirm that Mr Mallick, who was sentenced at Isleworth
Crown Court here on 13th of January this year, didn’t cause loss to the
lender—the Santander Bank—and used the house to live with his family and
was not speculating the sale of the house. Mallick’s lawyers presented
in the court the letter from the Santander Bank of 3rd January 2014,
advising change to monthly mortgage and giving the details of the future
payment. They demonstrated that the bank didn’t raise any concerns, was
happy to carry on doing business with Mr Mallick and didn’t object to
the mortgage arrangement with Mr Mallick.
The court papers
show that the Scotland Yard detectives raided the property of Mr
Mallick on 17th of July 2013 – roughly a month after the detectives
raided the residential properties of the MQM chief Altaf Hussain and his
cousin Iftikhar Hussain Qurasihi. On 24th of June, the police arrested
Quraishi, 52, at the Heathrow Airport when he was returning to London
after attending a wedding in Canada. The Counter Terror unit executed a
dawn raid at Mr Mallick’s Northwood home on 17th July. The police took
away mobile phones, navigation system, computers, multi media laptops,
data storage devices and almost all documents found in the house. The
News has confirmation that the detectives, after arresting Mr Mallick,
searched the property for a day.
According to sources, Mr
Mallick was going to plead not guilty because it was a broker who had
originally arranged all the paper work to obtain mortgage for Mr Mallick
and for this, he was paid in the tune of about 6 thousand GBP. But the
solicitor advised Mr Mallick that on prima facie the charges of mortgage
fraud in a court before the jury could lead to wider exposure of the
matters relating to the MQM where further witnesses could have been
called to explain the property portfolios and the large cash balances.
The prosecution paper clearly state that Mr Mallick is a central MQM
leader and also son-in-law of Muhammad Anwar, one of the most senior MQM
leaders and a key adviser to the party on international affairs.
The
court papers say that Imbisat Mallick’s father-in-law is MQM’s senior
leader and that he would be able to “purchase the house for cash if he
was inclined to do so”.
The court papers show that the
prosecution made a witness statement in support of an application for a
restraint order under Section 41 Proceeds of Crime Act 2002. This
application in the case of Mr Mallick means that his sentencing is
linked with the wider money-laundering probe because no cash was found
during raid on Mallick’s hosue.
The News is aware that Mr
Mallick was advised by his solicitors that a trial could open a
Pandora’s Box that could lead to several MQM figures also standing in
the court for witness statements and other forms of questioning. The
source confirmed that Mr Mallick pleaded guilty to avoid that situation
and therefore, he has become the first martyr for the party in the
multiple active probes.
As mentioned above, several
leaders of the MQM are distancing themselves from Mr Mallick that his
conviction is a personal matter, but his case is a test for the MQM and
throws up a dilemma for the party as in whether the party acknowledges
his huge sacrifice or tries to distance itself from one of their closest
associates who now finds himself behind the bars for his very
involvement in the party affairs.
The court papers show
that Regina Vs Waya mortgage fraud precedent was used in the Isleworth
Crown Court to sentence Mr Mallick but Mr Waya, in a similar mortgage
fraud case, was sentenced to 80 hours of community service reflecting
the judge’s view of the relatively low level for his culpability. The
judge in the case of Mr Waya went on to say that “he was not guilty of a
serious mortgage fraud, involving dishonest overvaluation of property.
There was no loss to the mortgage lender.”
The papers seen
by The News show that the case involving Mallick relates to a property
in London’s Northwood area, which is subject to a mortgage in the sum of
£399,734 and the approximate value of the property is £637,000.
The
papers show that “the benefit will be the amount of equity in the
property that can be attributed to the amount gained from the fraud.
The
present value of the house is approximately £637,000 so the equity is
around £127,000. The mortgage of £434,945 represents 85 percent of the
purchase price. The benefit gained by the fraud is therefore 85 percent
of £127,000 which is £107,950.”