State amends charge against Bassam to increase potential sentence

The Criminal Court has permitted the Prosecutor General's (PG) Office to amend an error in the charge of embezzlement filed against the former President of the Football Association of Maldives (FAM), Bassam Adeel Jaleel, a move that increases the potential penalty.

Bassam is facing charges of money laundering and embezzlement for allegedly using USD 1.2 million of FIFA funds intended for FAM to purchase an apartment from Amin Construction’s Amin Avenue project.

The State initially cited Section 210(b)(2) of the Penal Code for the embezzlement charge. This section defines the crime as a 4th-degree felony, which carries a basic sentence of one year, seven months, and six days in jail, if the value of the embezzled property exceeds MVR 50,000, or if the property is a weapon, motor vehicle, boat, or another motorized vessel.

However, during today's hearing at the Criminal Court, the PG's Office stated that the embezzled amount by Bassam exceeds MVR 500,000. Therefore, the prosecution requested to amend the applicable section to Section 210(b)(1) of the Penal Code.

Section 210(b)(1) states that if the value of the embezzled property exceeds MVR 500,000, the crime is a 3rd-degree felony. The basic sentence for a 3rd-degree felony is three years, two months, and 12 days in jail.

State Attorney Ahmed Shafeeu argued that the Criminal Procedure Act allows the court to permit the State to amend the section defining the penalty as requested. He stated that the wrong section was included in the charge due to a "human error" when the charge was filed, and he believed the opportunity should be given to correct it.

Bassam's lawyer objected to the request, arguing that the appropriate time to file such an amendment had passed. The lawyer claimed they would not have objected if the amendment had been sought before the preliminary stage. The lawyer asserted that it is unacceptable for such an error to exist in a case prepared by a large state with hundreds of lawyers against an ordinary citizen and to not file the amendment until so much time had passed.

However, citing Section 91 of the Criminal Procedure Act, the presiding judge ruled to grant the State the permission to make the amendment. The embezzlement charge against Bassam is now a 3rd-degree felony.

Bassam has already been convicted of a separate embezzlement charge and is serving a four-year prison sentence. Given this, an escalation of the penalty is likely if the current charge is proven. The maximum sentence for this charge is eight years in prison.

In addition to the embezzlement charge, Bassam also faces a money laundering charge, which carries a penalty of a fine between MVR 100,000 and MVR 1 million, and imprisonment for a period of 5 to 15 years.

The two charges against Bassam stem from him signing an agreement to purchase an eight-room, 10-toilet apartment on the 12th and 13th floors of Block A of Amin Avenue. The total price, including GST, was MVR 25 million, and he is accused of using FAM's dollar account to transfer the amount, including booking and commitment fees, to various companies, which was then paid to Amin Construction.

Furthermore, the State has requested that Bassam be ordered to pay USD 1.2 million as compensation for the loss incurred by FAM and that the penthouse be seized by the State.