Hasanah Abdul Hamid, the former head of the Malaysian External Intelligence Organisation (MEIO), is expected to be charged on Thursday in relation to the alleged misappropriation of US$12 million (RM49.91 million at current rates) in funds.

Hasanah will be brought to the KL Sessions Court at about 8am and will be charged under Section 409 of the Penal Code, said a source with knowledge of the investigations.

Section 409 deals with criminal breach of trust by public servants or agents, and is punishable by a maximum jail term of 20 years, whipping, and a possible fine upon conviction. 

Malaysiakini had previously reported that some intelligence officers might have received the US$12 million from a foreign source via a Middle Eastern country ahead of the May 9 general election.

The officers had allegedly abused their authority to bring the cash into Malaysia through an airport.

According to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and the Exchange Control Act 1953, a sum equivalent to US$10,000 (RM41,590) and above must be declared at the point of entry. Failure to do so may result in a jail sentence and a hefty fine.

Early this month, Malaysiakini had reported that nine people had been arrested since August in relation to the case.

Apart from Hasanah and the officers, a businessperson was also held in Kelantan after which investigators recovered a total of US$4.07 million (RM16.93 million) from a condominium in Cyberjaya.

In August, MACC deputy chief commissioner (operations) Azam Baki said the commission had seized a total of US$6.3 million (RM26.2 million) in cash from several locations during its investigation into the misappropriation of funds by the suspects.