Asset Recovery Watch

ARW-75
Hendra Rahardja
Indonesia
President / CEO of PT Bank Harapan Sentosa (?-1997)
Australia
Undertaking Recovery Effort, Location of Recovery Effort, Asset Location / Alleged Asset Location
1991
2008
Art.17, Art.23
Yes
Non-Conviction Based Confiscation; Other
MLAT
Unspecified
The Australian court decision noted that the Government of Hong Kong had provided evidence pursuant to Australia's Mutual Legal Assistance Treaty request (Source: CDPP - In the matter of S.19 of the Proceeds of Crime Act 2002; In the matter of Funds in a bank account; In the matter of Sunshine Worldwide Holdings Limited and South East Group Limited, 62 NSWLR 400 [2005])
Completed
$493,647 ([Australia Attorney General - Euitable Sharing Program; compared to $3 million reported in Jakarta Post article that was posted at Indonesian Embassy Ottawa website; please see sources]
No
NA

According to the March 1, 2005 Judgment by Australia's New South Wales Supreme Court, "It was contended that the crimes of the deceased Rahardja produced a total loss to the Central Bank of Indonesia of A$390 million of which some A$38.5 million came to Australia." (Source: CDPP - In the Matter of S.19 of the Proceeds of Crime Act 2002; In the Matter of Funds in a Bank Account; In the Matter of Sunshine Worldwide Holdings Limited and South East Group Limited [2005] NSWSC 117.) According to a January 23, 2008 Jakarta Post article posted on the website of the Indonesian Embassy in Ottawa and citing an official of the Indonesian Justice and Human Rights Ministry, $3 million was returned from Australia. Australia was said to also be helping repatriate another $3 million from Hong Kong. Hendra Rahardja had fled to Australia, and was convicted in absentia in 2002 by Indonesia for misuse of Bank of Indonesia liquidity support funds. Indonesia had ordered him to pay $280 million in indemnities. An Australian court decision in 2008 cited a 2003 affidavit by the Australian Federal Police investigator, who contended that some $26 million in Hendra Rahardja's criminal proceeds were found to have come to Australia. [Source: CDPP - In the matter of S.19 of the Proceeds of Crime Act 2002; In the matter of Funds in a bank account; In the matter of Sunshine Worldwide Holdings Limited and South East Group Limited, 62 NSWLR 400 (2005), at para 29.] The website of the Attorney General of Australia noted that as part of Australia's Equitable Sharing Program established under United Nations Convention Against Corruption (UNCAC) provisions as well as Australia's Proceeds of Crime Act, $493,647.07 was provided to the Indonesian Government for assistance in the Hendra Rahardja matter. (Source: http://www.ag.gov.au/agd/WWW/ncphome.nsf/Page/POCA_funding_for_Non-Gover...)

According to the March 1, 2005 Judgment by Australia's New South Wales Supreme Court, "The deceased [Hendra Rahardja] had been convicted in Indonesia on 18 March 2002 in absentia of charges relating to this matter and was sentenced to life imprisonment and fined 30 million rupiah." (Source: CDPP - In the Matter of S.19 of the Proceeds of Crime Act 2002; In the Matter of Funds in a Bank Account; In the Matter of Sunshine Worldwide Holdings Limited and South East Group Limited [2005] NSWSC 117.)

Department of Justice of the Republic of Indonesia [extradition]
Unspecified
Unspecified
Australian Federal Police
Commonwealth Director of Public Prosecutions; Attorney General
New South Wales Supreme Court [civil asset recovery]; Federal Court of Australia, New South Wales District Registry [extradition proceedings]