The CEO of the Malta Financial Services Authority (MFSA) is resisting calls to initiate legal action against his predecessor, Joseph Cuschieri, despite recent damning conclusions by the Industrial Tribunal.
The Shift is informed Kenneth Farrugia is under pressure from senior members of the regulator’s top management and members of the Board of Governors to sue Cuschieri for his transgressions, costing the MFSA more than €400,000 in compensation to a top officer fired by Cuschieri.
The sources said Farrugia was advised to take action against Cuschieri since he was personally liable for his actions as the MFSA’s former boss.
A member of the Board of Governors who gave evidence during the Industrial Tribunal case lost by Cuschieri told The Shift that many in the board did not agree that the MFSA should pay such a high compensation for Cuschieri’s irregularities.
“We (governors) were not even informed about the sacking of the then top official and only got to know after Cuschieri decided, alone, to fire Reuben Fenech. Now we believe that taxpayers should not bear the brunt of such unprofessional and abusive conduct,” he told The Shift on condition of anonymity.
Farrugia’s decision on whether to take action against Cuschieri is further complicated since the regulator’s top legal advisor, Edwina Licari, a close friend of Cuschieri, was involved in the Las Vegas trip with her boss. The trip was paid for by businessman Yorgen Fenech, while the two occupied posts at the regulator.
Sources said Farrugia sought further advice from a top legal firm in Malta about whether to sue Cuschieri. Farrugia did not reply to questions on the subject by The Shift.
MFSA sources also questioned whether Cuschieri was ‘fit and proper’ to continue working in the highly regulated field. In addition to sacking Fenech, Cuschieri abused good governance rules and breached ethics.
MFSA officials are zooming in on Cuschieri’s recent appointment as a director of two financial services companies owned by a UK-registered holding company – Koala Money Ltd and QBSG Ltd. The holding company is based in the UK, but the owners are Chinese investors and the companies’ secretary is Jean Carl Farrugia who is currently facing accusations of money laundering in court.
No decision has been made so far. Edwina Licari also sits on the MFSA’s Executive Committee, the regulator’s top decision-making body.
Cuschieri resigned from the MFSA in 2021 following the Las Vegas scandal. The MFSA also found that he was paid allowances that he was not entitled to and asked him to refund the Authority.
Prime Minister Robert Abela has not taken any action against Cuschieri, now CEO of Project Green, despite calls for his dismissal.
In January, notwithstanding the scandals surrounding the son-in-law of former President George Vella, Cuschieri was appointed to the top position of Project Green.
Minister Miriam Dalli, an old acquaintance to whom he had given a job many years ago, pushed him for the job. Dalli also employed Cuschieri’s daughter, Katrina, as her consultant as soon as she graduated.
The Office of the Prime Minister did not reply to questions on the lack of action against Cuschieri.
Hemm ligi ghall-allat u ligi ghalina mortali. U mbaghad ghall MFSA.
Just another example of why the reputation of Malta as being a well regulated financial centre, as the Government would have us believe, is an absolute joke.
Cuschieri needs to be held accountable. However, Farrugia will, in his typical undertaker’s fashion (and he dresses for that role too), to bury the whole affair. Since 2013 the MFSA has been riddled like a Swiss cheese, with political appointments, severely damaging Malta’s financial services sector for which it charged with safeguarding. It has become the dog that does not bark, and if action is not taken to show a proper stance, it will transition to a toothless one at best. FFS Farrugia, get your act together and clean the MFSA, or get out of the way and make place for someone who will!
A dog cannot bite if tied on a tight leash. Clean up your incompetent judicial system for a start, then pass judgement, otherwise each authority will be toothless, since the court overturns issued fines.
Fix the system and agencies will start working properly.
Ara wkoll l MFSA x’eżempju jaghtu. Membru tal eżekuttiv tal MFSA – li jippretendu li huma l apice tal good governance – b’Edwina Licari f’nofshom. Tal misthija
One just does not take action against ‘family’ or ‘friends’.
Ex boss is friend to current boss?
No, he is not.
Overbearing? Impunitive? Or simply untouchable?
How can a person facing accusations pass fit and proper tests to be allowed as a company secretary of a financial services company?
It’s pointless trying to prosecute Cuschieri. We are dealing with a government mafia organisation. Bobby’s gang is untouchable until election time!!!💯👍👍👍