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TENNIS STAR-NEXT GENERATION

EXCERPTS FROM BREAST CANCER NOVEL-SOFT TISSUE

Excerpts from the breast cancer novel: Soft Tissue [1]…The air hostess made her first round to make sure all seats were upright and the seat belts were fastened. Her next round was to offer snacks and drinks. Beverages were offered at cost. Roxy ordered a Heineken while James ordered a scotch on the rocks. The time lapse before the drinks were served broke the ice of silence for both Roxy and James. “My name is Roxy Adams, a fourth year Law student in San Francisco.” Roxy introduced herself by extending her right hand to James, a matter of courtesy. “I am James Ugo, a scientist at The Bi-Cell Pharmaceuticals, in Palo Alto.” James responded. “I am going on vacation with the other ladies to Egypt to visit the Pyramids and so on.” “Lucky you. I am going to a conference at the Cairo University. I am presenting a paper on breast cancer. For me it’s all work, no vacation.” The drinks were served and both were taking sips of their drinks now, somewhat relaxed. Roxy was beginning to unfold the blankets to cover her legs from the cold, a combination of the effect of the plane’s altitude and the air conditioning. “James, did you say breast cancer?” “Yes.” “Egypt of all places. I can imagine skin cancer because it’s so hot down there. I don’t know about breast cancer.” The surprise in Roxy’s voice was quite evident. “You’ll be surprised.” “About what?” “Do you realize that the oldest recorded breast cancer was in Egypt around 1600 B.C. The physicians recorded eight cases of breast tumors which they referred to as ‘bulging tumors of breast’. Roxy you don’t want to know about the brutal surgery that followed in the absence of anesthesia.” “I can only imagine, yak.” “I mean it was surgical excision without any pain reliever, and the drugs included arsenic compound. Talk about medieval medicine and murder.” Roxy could not hide the smile on her face as she concentrated on James’ facial expression of disdain. [Page 14] [2]…“James you’re not kidding. Are you?” “Dead serious.” “Amazing. You know my grandmother was diagnosed with some type of cancer. I’m not sure exactly what type but it was not serious. They gave her medications and that was it. No other members of my family have been diagnosed with cancer since then.” She took another gulp of her beer, looked towards the window, which by now was covered by the blind. She turned to James and popped the question “What are the causes of breast cancer?” James took a deep breath, stirred his scotch on the rocks and took a sip. He turned to Roxy. Both of them were more or less eyeballing themselves but were hardly noticeable in the dim coach lights. “Nobody really knows exactly, but there are certain facts we know. It is a combination of genetic, environmental and lifestyle factors. Doctors have identified the abnormal genes, BRCA1 and BRCA2, referred to as “high-risk” genes that contribute to an increased chance of developing breast cancer. Over 20% of breast cancer is caused by an inherited gene. Recently a set of “low-risk” genes, CHEK2, and the faulty version of the gene, CHEK2*1100delC, have been identified in women diagnosed with breast cancer than in healthy women. Women with mutations in BRCA1 and BRCA2 genes have a 50-80% chance of developing breast cancer. More than half of breast cancers affect women over 65. Those women who either had children late in life or have no children, whose periods started when they were young or whose menopause occurred late and some women who take the contraceptive pill have a high risk of developing cancer. Women taking combinations of estrogen and progesterone seem to have greater risk than women taking estrogen alone. Less than 1 in 20 breast cancers are inherited. 1 in 1000 people carries the genes responsible.” “That’s quite helpful James. Did you say contraceptive pills?” “Yes. Oral contraceptive pills have been linked to breast cancer for quite some time now.” “Interesting.” “What are the side effects of Oral Contraceptives?” Roxy continued her enquiry. “There are four main side effects namely: blood clots, stroke, heart attacks, and breast cancer. Every woman regardless of age should practice ‘breast awareness’. This means in other words, to know your breasts, what they usually look and feel like so that they can recognize any changes.” A message on the intercom interrupted their discussion. “This is the captain speaking. We are going through a short period of turbulence. Make sure your seat belts are fastened, your seats are upright, and your overhead lights are turned off.” “That’s a consoling message.” Roxy soliloquized as she straightened up her seat. [Page 15] [3]…They like to party, and occasionally spend the weekends dancing at the “Sahara-Caribbean” joint in Burlingame, next door to the airport. Elaine knew about most of Roxy’s dates and Roxy knew about most of Elaine’s dates. They were not ready to have babies yet so they talked a lot about contraceptives (pills) as method of birth control and other alternatives. They were truly playing the field. “Roxy, why do most of you consume so much alcohol? I mean law students and lawyers. Is that part of your curriculum?” Elaine asked, completely amazed at Roxy’s ability to drink alcohol. Roxy laughed the question off. “There is a lot of pressure in law school.” She responded. When Roxy initiated the idea of travelling to Africa it was easy to come up with a “foursome”, willing participants, namely: Elaine West, the nurse; Ifeoma Stalin, the pharmacist; Beatrice Shunt, Ifeoma’s friend and a microbiologist; and Roxy. They were good social mixers. So, during this flight back from Luxor to Cairo it was easy for Elaine to notice that something was bordering her friend, Roxy. She slowly approached Roxy’s seat and sat beside her. Roxy was seating by the window and starring outside at the vast, endless white and blue clouds while actually recognizing nothing. Her mind was fixed on how to connect with James. She was not sure whether he had decided to fly back to San Francisco after their conference, which had just ended. Roxy turned around to recognize her friend, Elaine, sitting next to her, then gave her the familiar welcoming smile. “What is it?” Elaine asked, her eyes probing Roxy’s face and radiant with smiles. “Is it James?” Roxy smiled broadly, turned her head towards the window again in a shy retreat, stared briefly, and then turned back to Elaine, “How do you know?” she asked jokingly. “I am Elaine remember, your very good friend.” Both friends laughed and giggled together, relaxed abit, and held hands. “He is very handsome, with bright piercing eyes and a scientist too.” Elaine volunteered. “He is smooth and gentle.” Roxy added. “Smooth James.” Elaine confirmed “I didn’t know scientists are this young and handsome. His suit is sharp and clean. He acts so conservative, speaks well, clear and understandable English. You will think that he went to school in Oxford University or somewhere in London.” Roxy reflected as Elaine relaxed with her head tilted back in her seat. “No. Roxy, the guy is a good USA graduate. One of us. A black elite. Check that out.” Elaine appeared even more pleased than Roxy. [4]…“But why am I thinking about him?” Roxy queried almost in bewilderment and a certain air of resignation. “Because the guy got it. He is good and you can’t argue with success. I bet he is also losing sleep thinking about you.” Elaine responded trying to reinforce Roxy’s feelings and at the same time encourage her to make the move when next they meet. “He probably has tons of girlfriends. That’s if he is not already married.” “He is very single I bet. Doesn’t look married to me. There is no ring on his finger.” “Ok, we’ll see.” Roxy responded almost trying to change the topic. After a brief pause Roxy continued, “I am kind of surprised. I have this image that most scientists look weird, old, absent-minded, with uncombed hair, own only one shirt, khaki pants and jeans, hardly any suits, maybe one.” “Yeah, mad scientists.” Elaine suggested. “Elaine you work around them daily in the hospital. What do you think?” Roxy asked somewhat ignorantly. “They are not as neurotic as lawyers if that’s what you’re asking.” Elaine clarified. Both burst out in laughter. Elaine continued, “Some of those doctors are young, conceited and arrogant, most of them have girlfriends who are ready to kill if you get close to them, and a good many of them are married. Yes, a high percentage is middle age to old. On the average the younger ones are well dressed.” “I am impressed with James.” Roxy replied, looked into Elaine’s eyes, and waited for her sarcasm in return. “That’s an understatement Roxy. I haven’t seen you in this state for awhile. Most guys aren’t worth your time, I thought.” Elaine pushed the button on her seat and it stretched out so that she stretched her legs and back, now fully relaxed.” She continued, “Both of you were chatting non-stop during our flight from SFO to Cairo. What were you guys talking about?” Elaine enquired. “He was explaining some of his research related to cancer, breast cancer in particular. I understood him up to a point, and dismissed the rest as mumbo jumbo. Sort of who cares?, However, I remember his mentioning that their conference ended yesterday and he might fly back to America soon after the meeting.” Roxy elaborated. “Did you get his phone number?” Elaine quickly interjected. “No, I did not.” Roxy answered as if it was no big deal. “I’ll be damn. How did I know you wouldn’t?” Elaine responded with disappointment. She always wanted the best for her friend, and looks out for her. [Page 21to 23] [5]…Denise was a very beautiful, elegant white lady, now in her late forties. She took pride in her appearance, her figure and wanted nothing more than to look youthful. Anything money can buy to keep looking youthful including beauty treatments and/or cosmetic surgery. Eventually her doctor would put her on hormone replacement therapy (HRT) so that she can maintain that youthful, buoyant movie star looks as she jets around the world. Denise looked in the mirror one day as she was dressing up and putting on her makeup to fly off to one her high power business meetings, and felt different. I think I have to consult my doctor about my skin, especially my facial skin. I feel that I am getting old. She soliloquized. She finished putting on her makeup, looking everyway as a powerful attractive executive, and on her way out she turned to her secretary, Laura Mill, and ordered. “Laura, get me an appointment with my doctor. I’ll like to see him tomorrow evening when I return from my trip to Los Angeles, California.” Her chauffeur drove her to the private terminal where all the Gulfstream Z555 jets, Lear jets and the like were packed. These corporate jets belonged to several corporations and individual. Denise operates from her headquarters in Orlando. She got out of the limo and walked through the mini terminal corridors with the air of authority. Most people recognized her and paid their respect through winks and faint hand waiving. The courtesy van whisked her off to her jet, which has been serviced and ready for take off. As soon as she got into the plane, the doors were pulled shot. She walked all the way to the rear where her office was. The seats were soft, and expensive. The wood was of shining polished mahogany. Right next to the cockpit was the bar and kitchen. This was simply an enviable luxury. The only passengers were the three staff members of her company, the stewardess, company attorney and the secretary. The jet was guided into the runway. In a few minutes the jet was speeding down the runway, the lift off. While in the air, Denise worried about her looks. Laura called Dr. Bill Smith’s office to schedule an appointment for Denise. “Hello, Dr. Smith’s office.” The receptionist answered. “This is Laura, Denise Shunt’s secretary. I’ll like to schedule an appointment for her to consult with Dr. Smith tomorrow evening.” “Just a minute please I’ll check his schedule for tomorrow.” She quickly checked with the doctor and was cleared to add her to the appointment list.” She returned to her desk. “You are set for 4.30 p.m tomorrow, Thursday.” A patient of the caliber of Denise, the Executive Director of Richards, Inc., will always have preference in the doctor’s schedule. She was a preferred customer. “That’s great. My boss will see you at 4.30 P.M. tomorrow, Thursday.” Laura reiterated for confirmation. Denise completed her business meetings in Los Angeles in good time to rush back the next day for her doctor’s visit. “We’re heading straight to Dr. Smith’s office.” Denise instructed her chauffeur. It was a short drive to the doctor’s office, and for that period she sat, comfortably, in the back seat reviewing her previous day’s meeting. The driver pulled into the visitor’s parking lot just in time for Denise to make her appointment on time. “Hello Director. I haven’t seen you in quite awhile. Nice to see you. You are looking great. How is business?” Dr. Smith liked to address her as ‘Director’. He was all smiles and friendly to her. Denise returned the cordiality. “All is well doctor. Business is just fine, always busy and demanding, meetings and all. Overall there is nothing unusual which is good news.” “Director how can I be of help today?” “It’s about my face. I think I’m getting old. I love my youthful look doctor.” “Director, we’re all getting old. You are looking great and much younger than your age.” “Well I want to look younger.” “Of course Director, if you insist. Have you considered Hormone Replacement Therapy (HRT)?” “Doctor Smith, that’s exactly why I’m here now. I have heard a lot about HRT so I need your advice. I want my youthful look to stay as it is or younger.” Denise responded. “Director I will give you a short explanation to help you make the decision. Human growth hormone (HGH), in your case as a female, estrogen and progesterone decline as we age. For women, the estrogen and progesterone as easier to detect because women reach menopause and exhibit premenopausal symptoms. Estrogen is not a single hormone rather a group of several different hormones that are related and perform the ‘estrogen function’.” “How do you measure this thing?” “Director we measure your levels of pituitary hormones and the messenger hormones. For HGH, we measure IGF-1 (somatomedin C). For sex steroids, we measure sex hormone binding globulin, estradiol, estrone, and progesterone. We also measure levels of DHEA(dehyroepiandrosterone), and pregnenolone, sometimes cortisol and prolactin levels depending on the symptoms and signs.”

CORRUPTION IN GOVERNANCE

Nigeria: UK Fails to Block Proceeds of Corrupt Nigerian Oil Deal 5 June 2014 press release Campaigners demand explanation from Crown Prosecution Service The Crown Prosecution Service (CPS) has failed to prevent more than US$110 million from a corrupt Nigerian oil deal leaving the UK, even though it had powers to do so, say Global Witness and Re: Common. The anti-corruption watchdogs warn that by allowing such funds to pass through the UK unconstrained, London is acting as a conduit for corrupt money diverted from the citizens of Nigeria. The funds were held in the UK pending the outcome of a case in the High Court in London[i]. Parties in the case disputed[ii] the amounts they should be paid from the proceeds of a deal for the Nigerian oil block, OPL 245. The huge OPL 245 oil concession was awarded in 1998 by the then Nigerian oil minister, Dan Etete, to a company called Malabu Oil and Gas, of which he was a hidden owner[iii]. This took place during the rule of the notoriously corrupt military dictator Sani Abacha. Etete was convicted of money laundering in France in 2007[iv]. The oil block was sold in 2012 to subsidiaries of oil companies Royal Dutch Shell and ENI, by the Nigerian government. Shell and ENI paid $1.1 billion to the Nigerian government, which then paid the same amount to Etete's company, Malabu Oil & Gas. The Nigerian government has been called a "straw man" between Shell, Eni and Malabu[v]. The deal effectively monetised an asset that Etete had illicitly awarded to his own company, depriving the Nigerian State of over a billion dollars. A recent report by a Nigerian committee of the House of Representatives found that the oil deal was "contrary to the laws of Nigeria," "ceded away our National Interest"[vi], and recommended that the government cancel it. A middleman acting for Malabu sued the company in the UK High Court for US$200 million for his part in arranging the deal. Last July, the court awarded the middleman US$110.5 million. The parties appealed but the High Court upheld the decision in March 2014. At the end of the case, Global Witness called for the funds held to be frozen pending the conclusion of investigations under way in the UK, Italy and Nigeria[vii]. Despite these calls to restrain the funds, the CPS does not appear to have acted to freeze the money. According to reliable sources, the money was recently transferred to the Nigerian middleman's company. "This case is extraordinary. The UK courts have been used to divvy up the loot from a highly suspicious and possibly illegal oil deal, and even though there has been plenty of time to intervene, and an abundance of evidence showing the corrupt nature of this deal, the CPS has not acted to freeze the money. If London wants to avoid being labelled the global capital for laundering by state-looters, then the CPS needs to publicly explain its lack of action." said Simon Taylor, Director of Global Witness. Infographic What could Nigerians done with the $1.1bn? http://www.globalwitness.org/shellagm/ Contacts Simon Taylor, Director, Global Witness, +44(0)7957 142 121 Brendan O'Donnell, Oil Campaign Leader, Global Witness, +44(0)7912 517 128 [i] Energy Venture Partners Versus Malabu Oil & Gas, Commercial court, Queen's Bench Division, 2011-13. The case was brought by a broker who alleged that Etete failed to pay him for work he had done in obtaining a buyer for OPL245. Shell and Eni were not part of these proceedings. [ii] For more details on the case see http://www.globalwitness.org/opl245 [iii] In the July 2013 UK High Court case of Energy Venture Partners Versus Malabu Oil and Gas, Lady Justice Gloster of the Queen's Bench Division, Commercial Court ruled, "I find as a fact that, from its incorporation and at all material times, Chief Etete had a substantial beneficial interest in Malabu", Approved Judgement, Case 2011 FOLIO-792 17 July 2013. The Nigerian House of Representatives investigation into the case also found Dan Etete is the 30% owner of Malabu. See also Global Witness, 25 November 2013, "The Scandal of Nigerian Oil Block OPL 245", http://www.globalwitness.org/library/scandal-nigerian-oil-block-opl-245 [iv] Dan Etete, a former Petroleum Minister of Nigeria, was convicted of money laundering in France in 2007. [v] In a US legal case the Honorable Bernard J. Fried described the Federal Government of Nigeria's role in the deal as that of "the proverbial 'straw man'", who was "holding $1.1billion for ultimate payment to Malabu". Order to Show Cause with temporary Restraining Order, "In the Matter of Arbitration between International Legal Consulting Limited and Malabu Oil and Gas Limited and J. P. Morgan Chase and Co and all of its subsidiaries and affiliates, including but not limited to JP Morgan Chase Bank, NA", Supreme Court of the State of New York, County of New York," Index no 651733/2011, 22 July 2011, p.10. Edwards, Angell, Plamer and Dodge on behalf of Malabu to Clifford Chance LLP, 15 July 2011. [vi] On 18 February 2014 the Nigerian House of Representatives voted on the recommendation of an investigation into the deal, calling for the deal's cancellation and criticised the deal for being contrary to the laws of Nigeria, committing the country to unacceptable indemnities and liabilities while acting as an obligor, ceding away the Nigerian national interest and censured and reprimanded Shell and Eni's subsidiaries for their actions; House of Representatives Federal Government of Nigeria, Votes and Proceedings, 18 February 2014, p994 [vii] In March 2014 it was reported that Italian prosecutors in Milan are investigating ENI's role in the OPL 245 deal. The UK's Proceeds of Corruption Unit has also confirmed that it is investigating allegations of money laundering related to the oil block. Following a complaint in February 2012 by Mohamed Sani Abacha (son of former President Abacha) and Pecos Energy limited the Nigerian Economic and Financial Crimes Commission began investigating Malabu Oil and Gas and the OPL 245 deal; Wall Street Journal, 22 July 2013, "UK Investigates Money Laundering Allegations Relating to Nigerian Oil Block", http://online.wsj.com/article/BT-CO-20130722-706581.html;; Report by the Ad-Hoc Committee on the transaction involving the Federal Government and Shell/AGIP companies and Malabu Oil and Gas Limited in respect of the sale of oil bloc OPL 245, 9 July 2013 ------------------------------------------------------------------------------------------------------------------------- Nigeria: House Orders N225 Million Bullet-Proof Cars Returned to Contractor By Lawani Mikairu and Daniel Eteghe, 5 June 2014 The House of Representatives Committee on Aviation, yesterday, ordered the Nigerian Civil Aviation Authority, NCAA, to return the controversial N225 million bullet-proof cars that were purchased during the tenure of former Aviation Minister, Princess Stella Oduah, and recover the money. Chairman of the committee, Nkiruka Chidubem Onyejeocha, said NCAA have no business keeping the cars, stressing that the contract terms between NCAA and Coscharis Motors should be cancelled and the money recovered from the supplier. She made this call while on an oversight visit to the agencies at the Murtala Muhammed Airport, Lagos. She said: "What we said about the bullet proof cars is that the contract should be cancelled and that they do not have any business keeping the cars. It should be returned to the supplier and then recover our money," adding that due process was not followed in the contract. Earlier, the acting Director-General of NCAA, Engr. Benedict Adeliyela, said that the cars were parked at the NCAA's office in Abuja. Fault concession agreement Commenting on the concession agreement entered into by Federal Aviation Agency Nigeria, FAAN, and First Bank, Onyejeocha said the concession agreement was not favourable to FAAN, noting that the bank was not supposed to be doing revenue automation at the airport. She was reacting to the statement of the Managing Director of FAAN, Mr. Saleh Donuma, that FAAN did not have any relationship with Avitech, who is the company responsible for airport automation. According to Donuma, First Bank was the party that partners with Avitech to be collecting money from the airport on behalf of the bank. Onyejeocha said the house was not satisfied with the concession agreements, saying "we have a strong opinion about some concessions, especially the one with Avitech. "They said they were not directly in contact with Avitech, that it is First Bank that they know. They know that we are not satisfied and that is why they said that the zero car park had been terminated, which means their concerns is also our concern. The Bi-Courtney example "On the issue of Bi-Courtney and Meavis, I think it will be better than what we have with First Bank. That was why during the bullet-proof issue, you already access more than N600 million from First Bank because they are collecting your money. So it is wrong. "You said it with your mouth that Avitech is a technical partner to First Bank. The bank collects revenue. Do we need a bank for automation? A bank cannot come and do automation in airport. It simply means you just exist. "You are just sitting here and your money goes somewhere else. So I do not know how you will balance that. If we say Meavis is bad business, First Bank should be the worse. They do not have any business collecting our revenue. "I know that you should have somebody that should be collecting revenue and paying to the bank and that person is answerable to you since you do not have direct relationship with Avitech. It means that something is wrong because you said you do not have a relationship with Avitech that you only have relationship with First Bank. " How will FAAN have a relationship with a bank apart from keeping of your money? There cannot be even proper accounting of the revenue because as they are progressing, you are retrogressing." ------------------------------------------------------------------------------------------------------------------------ Nigerian Assembly Can Summon Oil Minister Without 'Presidential Consent' - Africa Check 3 June 2014 Nigeria's minister of petroleum resources claims the National Assembly needs presidential approval before it can summon her to investigate alleged spending on private jets. There is no such provision in the constitution. In March, Nigeria's House of Representatives - the lower chamber of the National Assembly - mandated its public accounts committee to investigate the country's Minister of Petroleum Resources, Diezani Alison-Madueke, for allegedly using large amounts of public money to charter a private jet for herself and her family. The resolution stated that the minister had spent about N130-million, or around $800,000, a month over the previous two years on the use of a private jet for herself and her family. That amounts to a total of over N3-billion, or $19-million. Local press reported the spending as significantly higher. Since the Assembly's vote, Alison-Madueke and the state-owned Nigerian National Petroleum Corporation (NNPC), which allegedly incurred the expenditure on her behalf, have made various moves to stop the investigation. Two weeks ago an affidavit was filed in the name of the minister and the NNPC stating that the House - and the Senate - cannot summon public officers to produce unpublished official records without obtaining the "consent" of Alison-Madueke's close ally President Goodluck Jonathan. The minister's lawyers also claimed that it is not within the National Assembly's powers to investigate criminal allegations relating to corruption or fraud in public offices. Are the minister's claim substantiated? Africa Check investigated. On what grounds does the minister make the claim? The affidavit filed by the minister states that "by law" the Assembly must "seek the consent of the President before ordering the applicants to tender the official unpublished papers, books and records." "All the documents being requested of the applicants" it complains "are unpublished official record, and (the Assembly has... ) never shown to the applicants any such presidential consent, after numerous demands made by the applicants that they do so." The affidavit does not make clear what particular section of the law it is referring to, which somewhat weakens its case. So is presidential approval required? In fact, as shown below, Nigeria's constitution states that ministers must appear before lawmakers when summoned for investigation. "A Minister of the Government of the Federation shall attend either House of the National Assembly if invited to explain to the House the conduct of his Ministry, and in particular when the affairs of the Ministry are under discussion," Section 67 (2) of the 1999 constitution states. Additionally, the Freedom of Information Act 2011 mandates that public records and information should be made available if deemed to be in the public interest. According to the law, it is the court which decides what is or is not in the public interest. That law acts like a whistleblower's protection, stating that it will safeguard "serving public officers from adverse consequences of disclosing certain kinds of information without authorization. It stipulates that: "Nothing contained in the Criminal Code or Official Secrets Act shall prejudicially affect any public officer who, without authorisation, discloses to any person, an information which he reasonably believes to show mismanagement, gross waste of funds, fraud, and abuse of authority". And does the Assembly have the power to investigate alleged corruption? Alison-Madueke's lawyers also claimed that the National Assembly was exceeding its powers by seeking to investigate criminal allegations relating to corruption or fraud. They stated in the affidavit that the lawmakers are only constitutionally empowered to oversee the oil ministry and its various agencies "for the purpose of enabling them to make laws and correct defects in existing laws". If, they said, in the course of exercising oversight the National Assembly stumbles on suspicious dealings by public figures, "they are constitutionally permitted" to direct an appropriate government agency to investigate rather than to do so themselves. So is the National Assembly overstepping its remit? Not so, according to Mr. 'lai Oshisanya, a lawyer at the Lagos-based Vita Veritas and a member of the Hague Academy of International Law. Under the constitution, one of the National Assembly's jobs is to "detect and prevent poor administration, waste, abuse". Both chambers are empowered not only to operate committees but also to "delegate any function exercisable" to those committees, including powers to investigate public figures themselves, Oshisanya told Africa Check. The constitution spells out the scope of those powers - first to make laws and, second, to "expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it". Section 89 (1) (c) of Nigeria's constitution grants the Senate and House of Representatives or their committees the right to "summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession under his control, subject to all just exceptions". "Just exceptions" would not apply to public figures being investigated for misuse of funds, according to Clement Nwankwo, executive director of the Abuja-based Policy and Legal Advocacy Centre. That would only provide a get-out clause for "private individuals who have nothing to do with appropriated funds". The subsequent constitutional sub-section provides the power for the House to compel attendance by those who fail to appear before it when summoned. It may, the constitution reads, "issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so". The National Assembly is mandated "to investigate alleged crimes, pertaining to appropriated funds, by which they can invite a public officer to give evidence at a public hearing," Nwankwo explains. Thereafter, its responsibility is to "make recommendations to the executive to take necessary actions". So far, the National Assembly has done nothing to overstep that remit. Conclusion - National Assembly can call minister to account For the last three months, the oil minister has made a series of efforts which appear aimed at dodging investigations into the alleged spending of copious public money on private jets. The most recent claim that presidential approval is needed before she can be summoned before the country's lawmaking body and required to produce evidence is wrong. The constitution decrees that ministers must appear before the National Assembly when summoned and the Freedom of Information Act mandates that, when the court rules it is in the public interest, state documents should be made public. As for whether the National Assembly is overstepping its role as lawmaker by probing the minister itself, the constitution is clear that it may summon individuals before it to give evidence when required. -------------------------------------------------------------------------------------------------------------------------- Nigeria: N10 Billion Jet Charter - House to Resume Probe of Alison-Madueke June 17 By Tobi Soniyi and Muhammad Bello, 23 May 2014 Barring any unforeseen changes, the House of Representatives has scheduled June 17, 18 and 19 for the resumption of the probe of the lease and maintenance of a private jet by the Nigerian National Petroleum Corporation (NNPC) at the cost of N10 billion for the personal use of the Minister of Petroleum, Mrs Diezani Alison-Madueke. Equally, the House Public Accounts Committee (PAC), which met yesterday morning, has so far collated evidence from Excujet Hanger and Vistajet, two private companies connected to the jet charter deal. It has also received memos from undisclosed whistle blowers, who have indicated interest to appear before the committee to testify. The Chairman, House Committee on Media and Public Affairs, Hon. Zakari Mohammed (APC, Kwara), disclosed this to journalists yesterday, adding that a new batch of invitations had been prepared and would be sent out to invitees ahead of the period slated for the hearing in about two weeks. Other bodies PAC would reach out to are the Federal Airports Authority of Nigeria (FAAN), Nigerian Civil Aviation Authority (NCAA) and other relevant agencies in the aviation industry. Assuring Nigerians that there was no need to lose hope over the conduct of the probe and its outcome, Mohammed, who is also a member of PAC, said the committee would turn in its report on the floor of the House before the lower chamber goes on recess by the end of July. "We don't want to stampede invitees. We are not after anybody, but to expose what is not right," Mohammed said. On the allegations that the House has been compromised and cannot carry on with the probe, the lawmaker stated: "These are imaginary aspersions about favours exchanging hands. But I want to say the House is clean." On whether the petroleum minister would show up for the probe hearings, Mohammed said the House had not embarked on a witch-hunt against the minister. "If you are invited and you refuse, under the law we will subpoena you," he said. "But it has not got to that stage. I believe with the calibre of people we are expecting, we hope they will all turn up," he added. On the fissure between the executive arm and the House over the refusal of the Ministry of Internal Affairs to attend a PAC hearing, which the latter insisted it must get clearance from the presidency to do so, Mohammed said: "If the ministry says so, then it means some people are trying to impede the House's functions. As an arm of government, we will not be stopped from discharging our responsibilities." Despite the determination of the House to proceed with the probe of the charter of private jets for the personal use of the minister and her family, Alison-Madueke and NNPC yesterday filed a fresh suit against the Senate and the House of Representatives at the Federal High Court, Abuja, challenging the powers of the legislature to probe the lease of the aircraft. The new suit was filed on her behalf by Chief Mike Ozekhome (SAN). The first suit filed by Mr. Etigwe Uwa (SAN) is still pending and will come up before Justice Ahmed Mohammed also of a Federal High Court on Monday. The new case raises the issue of whether the minister and NNPC has the power to deduct from the revenue in their custody to settle third party debts before remitting the net proceeds to the Federation Account. After posing five questions for the court's determination, Ozekhome sought 10 reliefs all of which are to the effect that the National Assembly lacks the powers to probe the minister and the NNPC and that such probe is the duty of anti-graft agencies. In the suit, the minister and the NNPC are challenging the powers of the lawmakers under sections 88 and 89 and 214 of the Constitution. In the main, Ozekhome has also written to the Clerk of the National Assembly to inform the two legislative houses to stop issuing further invitations to the minister until the suit has been determined. Among other reliefs, the minister and NNPC asked the court to issue a perpetual injunction to restrain the lawmakers from "interfering or further interfering with their power to make deductions at source from their gross earnings for purposes of settling debts it owed to third parties, including other expenses and contractual obligations, before paying the net sum thereof into the Federation Account under Section 162 of the Constitution of the Federal Republic of Nigeria, 1999, as altered". They are also asking the court for a declaration that by virtue of Sections 88, 89 and 214 of the constitution, the respondents (the Senate and the House of Representatives) or any of their committees are not legally and constitutionally empowered and/or competent to personally/physically probe or conduct investigations into allegations of fraud, corruption or other criminal activities said to have occurred in the agencies under the applicants' supervision or control, when there exist agencies that are legally and constitutionally empowered to carry out such investigations into alleged fraud or other criminal conduct and prosecute offenders upon the conclusion of their investigations. They further asked the court to declare that by virtue of the said provisions, the respondents "are not legally empowered to personally and/or physically probe or conduct investigations into allegations of fraud, corruption or other criminal activities said to have occurred in the agencies under the applicants' supervision or control when such probe or investigation is not for the purpose of enabling the respondents make laws or correct any defect in existing laws". They also said Section 8 of the Legislative Houses (Powers and Privileges) Act Cap. L12 Laws of the Federation of Nigeria, 2010 preclude the lawmakers from summoning them for the purpose of giving evidence and or producing any papers, books, records or other documents which relate to the unpublished official records of the applicants without the consent of the President of the Federal Republic of Nigeria first and obtained by the respondents or their committees. They asked the court to declare that the lawmakers acted above their powers and functions by sending out invitations to them and agencies under their control when such invitations were not for the purpose of enabling the respondents make laws or correct any defect in an existing law. Other reliefs sought by them are: "A declaration that by virtue of the provisions of Section 7 (4) of the Nigerian National Petroleum Corporation Act, Cap. N123, Section 1 (2) and section 2 (1) of the Nigerian National Petroleum Corporation (Projects) Act, Cap. N124, thereof, deductions can be made at source from the gross revenue accruing to the second applicant (NNPC), for the purposes of settling debts it owes to third parties, including payment of expenses and other contractual obligations, before paying the net sum thereof into the Federation Account under Section 162 of the Constitution of the1999, as altered; "An order of perpetual injunction restraining the respondents from further conducting direct personal or physical probes, inquiries and/or investigations into any alleged fraud, corruption or other criminal activities in the agencies under the applicant's supervision or control; "An order of perpetual injunction restraining the respondents from summoning the applicants or any agencies under the applicants' supervision or control, to appear before them for the purpose of giving evidence and/or producing any papers, books, records or other documents, which relate to the unpublished official records of the applicants without the consent of the President of the Federal Republic of Nigeria and obtained by the respondents or their committees; "An order of perpetual injunction restraining the respondents from further sending out invitations to the applicants for the purpose of appearing before them to answer to allegations of fraud, corruption, or other criminal activities in the agencies under the applicants' supervision or control, when such invitations are not for the purpose of enabling the respondents make laws or to correct any defects in existing laws; and "An order of this court that the respondents restrict themselves only to causing or directing the appropriate bodies or agencies of government, that is, the police, the EFCC, ICPC, or any other agency so authorised by law, to conduct such probes or investigations with respect to allegations of fraud, corruption, or other criminal offences alleged to have occurred in the agencies under the applicants' supervision, or control." The case is yet to be assigned. -------------------------------------------------------------------------------------------------------------------------- Nigeria: More Trouble for Alison-Madueke As Senate Threatens Fresh Summons Over Private Jet, NNPC Deals 13 APRIL 2014 Nigeria's embattled petroleum minister, Diezani Alison-Madueke, may be summoned separately by the Senate over alleged shady deals by the Nigerian National Petroleum Corporation, NNPC, and her alleged spending of at least N10 billion public funds on chartered private flights, the senate petroleum committee said Sunday. The House of Representatives is currently probing the allegations. Mrs. Alison-Madueke is currently President Goodluck Jonathan's most controversial cabinet member and has survived multiple indictments by the National Assembly demanding her removal over alleged mismanagement of the oil sector. The House of Representatives opened a new round of investigation three weeks back over revelation the minister spent billions of public funds to charter and maintain high end flights for largely personal trips. The Senate Committee on Petroleum (Downstream) on Sunday threatened to invite the minister to furnish it with those details and those of other NNPC financial transactions. The committee said the corporation's management had continuously failed to provide the committee with details of its financial transactions, claiming that it was still collating the financial information being required. The Chairman of the committee, Magnus Abe (PDP-Rivers), said should the NNPC continue to delay submission of the financial records, the committee would be compelled to summon the minister to appear before it with relevant financial details. He said that the committee required to be furnished with documents relating to the financial dealings of the oil corporation since 2012 as well as the alleged N10 billion private jets. According to him, some of the issues include crude swap transactions, rehabilitation of refineries, the volume of petroleum products being sold by the Petroleum Products Marketing Company. "We have not informed the minister of the delay from NNPC and there are issues we know the minister will be involved but not at this point," he said. "But if we cannot resolve it, we will ask the minister to come with NNPC, but at the moment, it is between the committee and NNPC. We can sort this out. "We asked about the crude swap transactions to know exactly what volumes are being swapped and what the country is getting in return. "We also wanted information on the rehabilitation of the refineries to know exactly how far they have gone with those programmes. "We want information on the aircraft that has now become an issue. We have actually asked for this information since last year and we have not seen that." While declining to give a deadline for submission of the documents being required, Mr. Abe said the request for the financial details were routine and not out to witch-hunt anybody. He decried the nonchalant attitude being displayed by the NNPC management which failed to send any representative to a meeting called by the committee last week. "Oversight also involves taking a detailed look at how things are done, how the country is benefitting from these things and how we can work together to improve what is being done. "But unfortunately, we have not received the kind of cooperation I would like to see from the NNPC. They said they were still collating this information since last year. "We still believe they will step up their game and work with us so that we can get the best for the Nigerian people. "We have given time frames from the start and time frames have not been met, but we believe that this is an issue that neither party will like us to take to the extreme. "But we don't think that any public corporation that is being oversight by parliament has a right to keep a committee of parliament in the dark," he added. Mr. Abe said the committee could bring the matter to the attention of the Senate leadership if the NNPC continued to hold back financial details from the committee. (NAN) --------------------------------------------------------------------------------------- Nigeria: Again, Delegates Trade Blame Over Sponsorship of Military Coups BY CHUKS OKOCHA AND ONYEBUCHI EZIGBO, 10 APRIL 2014 The issue of military incursion in governance in Nigeria reverberated at the National Conference Wednesday, as the delegates accused each other of being the real sponsor of coups that brought the military to power. Former Governor of Ogun State, Chief Olusegun Osoba first accused the military of being behind several coups that brought it into governance. "I disagree sir; only two coups were executed against the civilian government, the rest were military against the military and may have been sponsored by the military contractors, but definitely not the politicians. "I am here to preach that we should consider regionalisation of the country. People have been talking about governors being corrupt but they have failed to speak about the activities of the contractors and their role in fueling corruption," he said. Howerver, General Paul Omu retired from Delta State countered him by saying that: "All military coups are instigated by politicians and civilians before they are consummated, while most wars were hatched by civilians long before it is fought. "I also like to add that all wars that are fought by soldiers are started by politicians and civilians. General Akinrinade made a statement a few days ago and people tried to shout him down. In military regimes, civilians are 90 per cent participants in the running of the affairs of government. "In drafting the 1999 constitution, we did not have any military man as at that time who was a judge advocate or who was even a magistrate or a draftsman who could do legal drafting. Having said that I want to draw the attention of the delegates to the main issue why we are here. About 350 delegates have spoken since we started and the beauty of the speech of the President has been over-flogged," Omu said. He said that what the President wanted was simple: "that the constitution needs some remodeling. The centre, which is the federal government, is very heavy and needs unbundling and we have to help the government unbundle the centre". Senator Femi Okurounmu who blamed the ills of the country on the military said, "All these vices of today are the cumulative legacies of the misguided policies of successive military rulers and their civilian collaborators since 1966, starting from the abortion of federalism, through the sectionally skewed creation of multiplicity of states beyond the initially justifiable and balanced 12 states by General Yakubu Gowon, to the introduction of the so-called presidential system of government, which now enables a one-man ruler to personalise all state resources and loot the treasury with impunity: He said the youths are justified in blaming the elders for the problems of Nigeria. "It is useful for them to also know that Nigeria has not always been this uninspiring. Our country has not always harboured so many cheats and liars, cultists and ritual killers, rapists and kidnappers, money worshippers and religious bigots. "Our leaders have always been so generally perceived as habitual, violence-prone election riggers and self-serving treasury looters. If Nigeria is to return to the path of growth and wholesome values, we must wipe away all the negative imprints of military rule. We must return to federalism and a balanced federal structure. "The centre must devolve powers to the federating units, which are large enough to effectively wield the powers to be devolved. The present six geo-political zones, or the original 12 states created by Gowon, are ideal for this purpose. "Further more, if corruption is to be curbed and accountability restored to governance, we must jettison the so-called presidential system and return to the parliamentary system, under which our nation set the pace in growth and development even for today's Asian Tigers," he stressed. General Ike Nwachukwu (rtd) reacted to the allegation that he flogged a woman when he was military governor of Imo State, saying that he comes from a family where people don't raise their hands on women. The former military governor of Imo State said he also had a strong military background where officers and men don't raise their hands against women. Having occupied several positions in the Army, he argued that he has never raised his hands against any woman. He said he had given instructions to a commissioner to lock out latecomers but never took it beyond that. "I have never raised my hands on any woman and will never do that. This is to let all the women here and outside know that I am their very good friend and cannot do anything to hurt them. I just wanted to clear the air on the matter before the press blow it out of proportion." The founder and leader of the National Advanced Party (NAP), Tunji Braithwaite in his contribution on the floor of the conference, said that what the country is operating now is not true federalism but backward undefined According to him: "I cannot say that we have a proper federal system. I think government should stop giving recognition to all the former military men who came to power through coup. For instance, the so-called National Council of States (NCS), I will want it to be scraped or that all those who took over government through unconstitutional means should have no business at the Council of States meeting." On the calls for restructuring of the country, Braithwaite said he would demand a reconfiguration of the country, saying that those leaders insisting that the country is an indivisible entity are lying over the issue. "While one is not advocating secession, the majority of the people would like to run their lives in their own way by their own culture and system. He suggested the restructuring of the country into 10 regional units along the clusters of language and cultural linkages. Another delegate, Mr. Sylvester Okoh moved away from the controversy of sponsorship of military rule to education, where he called that the Universal Basic Education (UBE) programme should be extended to senior secondary and not limited to the junior schools alone. This, he said was to enable children from the rural areas to get enrolled. He also suggested that the National Youth Service Corps (NYSC) members be placed on level eight step one in the federal government salary scale to enable them save enough money to fund any entrepreneurial venture at the end of their service year. Mr. Ralph Osanaiye, a representative of retired police officers said insecurity began when government started giving security agencies obsolete equipment and tools, while blaming the political class for failing to fund security adequately, thereby openly creating opportunity to loot the country and cause instability. "Mr. Chairman, they went ahead to remove the intelligence arm of the police, the operations and went ahead to create the National Security Organisation (NSO). There is no Police Force that can perform well without a strong intelligence unit." The Chairman of the National Social Trust Fund (NSTF), Ngozi Olejeme, who is a federal government delegate called for the use of the conference to shape the destiny of Nigeria. Accordingly, she said: "We must consciously identify things that would engender productiveness. The role of women and youths in nation building cannot be over-emphasised. I see a future where Nigerian women will be elected the president and governors." Another delegate, Bede Opara said that the federal government has failed to pay the defunct Power Holding Company of Nigeria (PHCN) long after it said money had been released. He lamented that the situation was responsible why many workers under-declare their ages and would rather die in office. "Mr. Chairman, I want to say that if blue-blooded Nigerians are not punished for making the blood of other Nigerians red, we will continue to grapple with crisis," Opara said. Meanwhile, following a story that was published by Daily Sun yesterday over exchange of blows between an operative of the Department of State Service (DSS) and a policeman at the venue of the ongoing National Conference, a reporter, Mr Iheanacho Nwosu was detained yesterday afternoon. DSS operatives at about 2.00pm picked up Mr. Nwosu, one of the accredited journalists covering proceedings at the conference, yesterday. He was taken to their office within the National Judicial Institute (NJI), venue of the conference. Nwosu who was detained for over 30 minutes was eventually released after some journalists besieged the DSS office. Although the authenticity of the report could not be faulted, the operatives said they were embarrassed by the report after being queried by their superiors and the presidency over the ugly incidence, which occurred on Tuesday. Delegates condemned the action of DSS operatives. Niyi Akintola, who raised a point of order when plenary resumed after the break, said it was wrong for security operatives to infringe on the rights of a journalist who was carrying out his legitimate duties. Akintola further warned that the era of abuse of human rights must not be revisited. Other delegates condemned the DSS operatives' action. The Deputy Chairman of the Conference, Professor Bolaji Adeyemi warned security agencies to respect the rights of people who are going about carrying out their duties. Journalists covering the conference threatened to boycott the coverage of the conference yesterday until the operatives who unlawfully detained their colleague were brought to book. ---------------------------------------------------------------------------------------- Nigeria: Oduah Quizzed By EFCC, Granted Provisional Bail BY PAUL OBI, 3 APRIL 2014 Former Minister of Aviation, Ms. Stella Oduah, was Wednesday quizzed for more than five hours by operatives of the Economic and Financial Crimes Commission (EFCC). The ex-minister, who was embroiled in a N255 million bulletproof car scandal in the twilight of her tenure, arrived the commission at about 10 am and left at 3.30 pm. Sources at the commission disclosed that she was granted provisional bail after making a useful statement that will assist the investigation of the commission into the procurement of the two bulletproof BMWs by the Nigerian Civil Aviation Authority (NCAA) for her personal use when she was the minister. Her visit to the commission came on the heels of several statements by the EFCC assuring Nigerians that it would carry out a thorough investigation into the alleged shoddy purchase of the two BMW cars at an outrageous price of N255 million. EFCC's Head of Media and Publicity, Wilson Uwujaren, recently informed journalists that given the delicate nature of the cases of which included the purchase of the cars, the commission would have to discreetly investigate the cases before it would make public its findings. Uwujaren had requested that the media be patient and not to be in a hurry to seek information on cases concerning Oduah, the Nigerian National Petroleum Corporation (NNPC) and the unaccounted billions, among others, as investigations were still on-going. Though Oduah was granted provisional bail, it is not certain if she would appear again at the commission's headquarters. Oduah was relieved of her position in the federal cabinet when it emerged that she had ordered the NCAA to buy two BMW bulletproof cars at the over-inflated price of N255 million. The outcry over the scandal and calls for her sack prompted the House of Representatives, whose Committee on Aviation investigated the purchase of the cars and recommended her sack. During the probe, it also emerged that the Federal Airports Authority of Nigeria (FAAN) had bought her two bulletproof Prado SUVs. President Goodluck Jonathan, after initial resistance, also set up a presidential panel, which recommended her removal from office. Although the minister professed her innocence when news broke on the issue, she was eventually relieved of her post by the president in February. ---------------------------------------------------------------------------------------- Nigeria: Reps Uncover Another Diezani's State-Sponsored Private Jet BY ADESUWA TSAN AND EDEGBE ODEMWINGIE, 26 MARCH 2014 Barely a week after the House of Representatives raised the alarm that the minister of petroleum, Mrs Diezani Alison-Madueke, had spent about N10billion of public funds on the maintenance of a Challenger Jet for her private use, it has been gathered that she also maintains another jet for international trips only which is estimated to gulp about €600,000 per trip. The House last week, while acting on a motion raised by Hon Samuel Adejare (APC, Lagos), mandated its committee on Public Accounts to investigate whether Diezani actually spent taxpayers' N10billion on maintaining a private jet which costs €300,000 per trip. LEADERSHIP however gathered last night that documents obtained by the Public Accounts Committee (PAC) in the course of its investigation revealed that the minister also allegedly maintains another jet for international flights and it costs as much as €600,000 per trip. The document, according to a source in the committee who spoke on condition of anonymity since the probe is ongoing, said the panel is in possession of a flight manifest of the chartered jet whose registration number is OF-LGX GLOBAL EXPRESS, the number of trips it has undertaken, complete with dates and destinations. He added that the lawmakers have decided to summon people whose names are on the manifest to testify in the investigative hearing on the subject. The Nigeria National Petroleum Corporation (NNPC) yesterday defended the minister on the initial accusation of wasting N10bn on the Challenger jet, saying the corporation reserves the power to maintain such facility in line with its 2004 Act. While denying operating any private jet for private use of Diezani, NNPC spokesman, Dr Omar Farouq Ibrahim, said no law prohibits it from owning or chartering an aircraft, explaining that the corporation engages third parties for the provision of services outside of its core business. In a related development, the committee has summoned the accountant-general of the federation, Mr Jonah Otunla, acting governor of the Central Bank of Nigeria (CBN), Dr Sarah Alade and Director-General of the Budget Office of the Federation, Bright Okogu, to explain why N69.6 billion oil subsidy fund is unaccounted for. In a bid to exonerate itself from any wrongdoing, NNPC officials had told members of the committee that the money in question was never cash-backed and had made efforts to make the Budget Office and AGF write formally to affirm this position to no avail. Responding, chairman of the committee, Hon Solomon Olamilekan Adeola (APC, Lagos) gave the NNPC leave to write a formal letter explaining the non-receipt of the said N69.6 billion subsidy fund. He also summoned the CBN, AGF and Budget office to explain why such sum of money was disbursed without any documentary evidence. ---------------------------------------------------------------------------------------- Nigeria: Why NNPC Chartered Jets for Alison-Madueke, Others BY OLAWALE OLALEYE AND MUHAMMAD BELLO, 26 MARCH 2014 More details emerged yesterday on why the Nigerian National Petroleum Corporation (NNPC) resorted to chartering private jets for use by the Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke and other top officials of the corporation. According to sources, the NNPC is empowered by law to own aircraft and actually had two jets in its fleet before 2012 before they became inoperative. The sources, who spoke against the backdrop of the decision by the House of Representatives to probe the minister for allegedly spending N10 billion on private jet charter over a two-year period, said the two aircraft became unserviceable from 2012, when they started to malfunction and efforts to secure new ones had been stalled. Shortly after the House last Thursday, mandated its Committee on Public Accounts to probe the transaction, VistaJet, the Swiss-based operator of the Bombardier Challenger 850 that the minister was accused of hiring for her trips, had hurriedly recalled the aircraft. But the state-run oil corporation on Monday defended the minister against the allegation, saying it did not hire any jet for the minister's exclusive use or for the use of her family. It added that in line with the law establishing the corporation, NNPC, in the discharge of its statutory and commercial functions, engages third parties to provide services outside its core business and the practice is common and acceptable in the local and international business environment in which it operates. But while the House committee is preparing to launch the probe, THISDAY gathered yesterday that the parliament has discovered that the minister was chartering another jet, other than the Challenger 850, for her foreign trips, at the cost of 600,000 Euros per trip, since she assumed office. Sources, who spoke on the matter with THISDAY yesterday, corroborated the NNPC's claims and spoke further on how it resorted to chartering private jets for its operations. One of the aircraft, one of the sources said, lost altitude on at least two occasions while the other crash-landed at Osubi Airstrip, Warri, Delta State. The aircraft, Hawker 4000, which crash-landed in Warri, the source said, was manufactured by Hawker Corporation but could no longer be serviced as the manufacturers were said to have gone bankrupt and were no longer in business to manufacture the spare parts. Besides, the source confirmed that the plane no longer had a valid warranty and as such, remained within the precincts of Osubi airport after it crash-landed in 2012. "It has not been evacuated since then and its wreckage can be sighted within the precincts of Osubi airport," the source said. According to another source, the second aircraft in the fleet of the NNPC is 30 years old and had lost altitude on two occasions. "The HS125 jet had a sudden descent twice from 27,000 feet to 25,000 feet and from 22,000 feet to 20,000 feet respectively. It became risky to continue to fly such a plane and it was parked at one of the hangars," he added. He explained that one of the aircraft in the presidential fleet was made by the same manufacturer and the federal government had recently approved that the NNPC plane be converted to scrap to service the jet in the presidential fleet. What this meant, the source said, was that the NNPC had no serviceable plane, whereas its operations must not be hampered to avoid a ripple effect on the nation's economy. THISDAY learnt that the NNPC had repeatedly told the federal government that it would require $70 million to buy a new jet that fits into its operational schedules and that it would also cost more to maintain the jet. The sources however said it would take about two years to manufacture the plane if it was approved and paid for. But he said President Goodluck Jonathan has been reluctant to approve any money for the purchase of new aircraft by NNPC. It was against this backdrop, the sources explained, that the corporation resorted to jet charters for operational and ministerial use. "There are instances when the corporation had to resort to using jets owned by some companies contracted by NNPC and we saw that this was not ideal. "We had to take note of the fact that NNPC is a parastatal of government and at the same time a business venture. It must conform to the challenges of the business environment if it must be seen to be in serious business," the source added. He dismissed the allegation by the House that the NNPC had spent over N10 billion on chartered flights, saying the figure was exaggerated and blamed the habit of running down members of the executive as an extension of the rivalry between the two arms of government. He observed: "Even if we had to play politics, it must be measured. But this is not the case and it is unbecoming of an institution as critical as the parliament. "They are not thorough but merely interested in running down the executive, whether or not their allegations are correct. They just want to give a dog a bad name in order to hang it. That's all." Notwithstanding the defence on behalf of the minister, it was learnt yesterday that the House had discovered another hired jet, with registration number OF-LGX GLOBAL EXPRESS, she had chartered in the past for foreign trips besides the Bombardier Challenger 850. A source confided in THISDAY that the Public Accounts Committee of the House, chaired by Hon. Adeola Solomon Olamilekan, has unearthed the second chartered jet allegedly used by Alison-Madueke for her foreign trips, since she assumed office, at the cost of 600,000 Euros per trip. The source said the latest discovery was made ahead of the impending probe instituted against the minister for alleging squandering over N10 billion on the charter of the Bombardier Challenger 850. The committee, as part of its investigation, it was gathered, has resolved to summon all passengers whose names appeared on the manifest of the chartered jets. The source said the name of the minister and three others surfaced regularly on all the flight manifests to various foreign country. The flight manifest of the newly discovered chartered jet, according to the source, detailed the number of trips, dates and destination. Olamilekan was however not available for comment on the new discovery, as he was said to be attending a meeting pertaining to the probe. ---------------------------------------------------------------------------------------- Nigeria: House of Reps to Probe Alison-Madueke for Spending N10 Billion On Private Jet By Tobi Soniyi, 21 March 2014 Petroleum Minister Diezani Alison-Madueke. Abuja — The House of Representatives yesterday mandated its Committee on Public Accounts to investigate the alleged squandering of N10 billion over a two-year period on the arbitrary charter and maintenance of a Challenger 850 aircraft for unofficial use by the Minister of Petroleum Resources, Mrs Diezani Alison-Madueke. The House also mandated its Committee on Natural Gas to scrutinise the non-remittance of funds accruing from the Nigeria Liquefied Natural Gas Company (NLNG) to the Federation Account from 2004 to date. Both committees were given three weeks to conduct their probes and submit their reports to the House. The House's decision on the private jet charter and unremitted funds by NLNG was based on a motion brought by Hon. Samuel Babatunde Adejare (APC, Lagos). Acting on what it termed reliable evidence, the House said it learnt that Alison-Madueke had allegedly sunk at least N3.120 billion into the maintenance of a private jet dedicated to the service of herself and her family. A breakdown of the money, according to Adejare, showed that the sum of 500,000 Euros (N130 million) was spent every month on the maintenance of the airplane, which amounts to N3.120 billion for the two years in question. He noted that in recent weeks, Nigerians had "experienced acute fuel shortage due to dwindling revenue, which have reduced the quality of governance and deprived the people of dividends of democracy". He said the lower chamber of the National Assembly was not unaware that part of the money for the maintenance is spent on payments of allowances to the plane's crew, hangar parking and rent based on a lease agreement. Continuing, Adejare added: "This colossal waste is currently estimated at N10 billion which includes the payment of allowances to the crew for the trips, hanger parking and rent based on the lease agreement. "If government is bankrolling this waste in the face of ever dwindling public resources, it amounts to a misplacement of priorities, impudence and breach of public trust." Submitting that the minister's action contravenes the "Fiscal Responsibility Act and all other laws on fiscal discipline", Adejare further cited Section 82 (2) (b) of the 1999 Constitution "which empowers the National Assembly to expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and the disbursement or administration of funds appropriated by it". Defending the use of a private jet by the minister, a ministry source told THISDAY yesterday that traditionally all petroleum ministers have always flown with planes belonging to the Nigerian National Petroleum Corporation (NNPC). However, he said that Alison-Madueke had been forced to charter private aircraft because one of the planes operated by NNPC had aged considerably, while the other, a newer aircraft, was involved in a crash recently and had not been fixed. Besides, he said the minister restricts her use of private jets to local trips while all her international trips are by commercial flights. Meanwhile, the House of Representatives was also convinced that the funds accruing to the NLNG Bonny have not been remitted to the Federation Account from 2004 to date, thus seriously affecting "all critical sectors of the Nigerian economy". Also contributing to the debate, Hon. Aminu Suleiman (APC Kano) said Section 162 (1) of the 1999 Constitution makes it mandatory for all revenue collected by the Government of the Federation to be remitted into the Federation Account. He elaborated that Section 162 (10) of the constitution defines revenue as "any income or return accruing to or derived by the government of the federation". The source of this, according to Suleiman, includes any receipt, howsoever described arising from the operation of any law, any return, howsoever described, arising from or in respect of any property held by the Government of the Federation; and any receipt by way of interest on loans and dividends in respect of shares or interest held by the Government of the Federation in any company or statutory body. He said: "But NLNG Bonny, in flagrant disobedience and breach of Section 162 (1) of the 1999 Constitution, has not remitted funds accruing to it to the Federation Account form 2004 to date." This development, he added, "has adversely affected the Federation Account to the detriment of federal, states and local governments." -------------------------------------------------------------------------------------- Nigeria: My Traducer, Financial Reporting Council, Got N500million From CBN, Sanusi Says By Bassey Udo, 20 March 2014 The Financial Reporting Council of Nigeria [FRCN], whose report and recommendations President Goodluck Jonathan relied upon to suspend the Governor of the Central Bank of Nigeria, Lamido Sanusi, is a beneficiary of the CBN "intervention" spendings, the suspended CBN chief has said. The FRCN had, in a 13-page report, following its review of the audited financial statement of the CBN for 2012, made allegations of financial impropriety against the CBN under Mr. Sanusi. Based on the report, President Jonathan, in suspending Mr. Sanusi from office, expressed his government's loss of confidence in the bank chief's ability to lead the Central Bank to achieve its mandate as enshrined in the CBN Act. But Mr. Sanusi, in a response to the FRCN report, described the allegations against the CBN under his leadership as not only "false and unfounded", but also "malicious and fabricated." He dismissed the entire report as full of "misconceptions, misrepresentations and erroneous inferences" that could have been cleared if the FRCN was not in a hurry to "mislead the president into believing that the management of the Central Bank was guilty of misconduct and recklessness." The embattled CBN governor expressed surprise that the management of FRCN could make such damning allegations when, indeed, it was one of the prime beneficiaries of the benevolence of the CBN. Mr. Sanusi said that apart from the N220 million paid directly by the CBN to the Council, the banking sector, through the Banker's Committee, also mobilised and paid another N280 million, totaling N500 million, to the FRCN, for the construction of its International Financial Reporting Standards, Academy. It is not clear how these funds, which did not reflect in the Council's budget and reports, were spent. PREMIUM TIMES' investigations revealed that details of these financial donations were not disclosed by the FRCN in any of his statement of accounts or annual reports. A review of the 2011, 2012, 2013 and 2014 federal budgets also revealed that there was no budgetary appropriation for the IFRS Academy project and the donations received for the project were not reflected. Although a brochure promoting a N2 billion Fund Raising Dinner to mobilize funding for the IFRS Academy is published on the FRC's website, the list of donors and their donations during the event were conspicuously missing. The event, organised by the former Nigerian Accounting Standards Board, NASB (which eventually metamorphosed to the FRCN) in Abuja on May 31, 2011, merely listed items for sponsorship and the amounts needed as well as the roll of honour of individuals, groups and corporate organisations invited for the event. Key invitees on the fund raiser included the CBN; the World Bank; Corporate Affairs Commission, CAC; Nigerian Deposit Insurance Corporation, NDIC; Nigeria Investment Commission, NIPC; Securities and Exchange Commission, SEC; Pension Commission, PENCOM; Nigerian Communications Commission, NCC; Nigeria Export Promotion Council, NEPC; Nigeria Electricity Regulatory Commission, NERC; and Federal Inland Revenue Commission, FIRS. Other invitees included heads of professional groups and institutions, members of the National Assembly, federal ministries, departments and agencies as well as various industry chieftains. It is not clear why the FRCN, in the spirit of transparency and accountability, refused to highlight in its report the N500 million it collected from the CBN for the project as well as other donations. Attempts by PREMIUM TIMES to contact the Executive Secretary of the Council, Jim Obazee, for clarification, were unsuccessful. Several calls to the telephone lines listed on the council's website were not answered. At the Council's Abuja office at 15 Ajesa Street, Wuse 2, an official, who gave his name as Nasiru, said he was not authorized to comment on the issue. He also declined to provide contact details for the executive secretary, who was not in the office when our reporter visited. He, however, promised to get into touch with Mr. Obazee to inform him of the reporter's enquiry. Although he promised to call back with the executive secretary's response, he is yet to do so about 48 hours later. Mr. Sanusi said the President Jonathan and the CBN board were aware and approved most of the interventionist spendings his bank made during his tenure. "All of these requests were duly submitted to the CBN Board of Directors and were duly approved," Mr. Sanusi said. "The Federal Government of Nigeria has been aware, supported and encouraged the CBN intervention projects, in recognition of their positive contribution to development. It is also important to emphasise that the grants under the Intervention Program were duly budgeted for, and made on a limited and selected basis." He said having provided detailed explanations, backed by verifiable documents, the President should "adhere to his policy of fairness and justice, and apply the same rationale and rigour to other agencies of the Federal Government that have had serious allegations and queries levied against them, and prevail on them to provide responses and explanations with the same level of clarity and transparency." -------------------------------------------------------------------------------------- Nigeria: Alamieyeseigha's Loot - Court Summons EFCC, Lamorde By Ikechukwu Nnochiri, 20 March 2014 Abuja — Despite controversy over the origin of the suit asking that the sum of N1.4 billion and another $1.3 million that was recovered from former governor of Bayelsa State, Diepreye Alamieyeseigha, be returned to the state's treasury, a Federal High Court in Abuja, yesterday, summoned Economic and Financial Crimes Commission, EFCC, and its Chairman, Mr. Ibrahim Lamorde, to appear before it on April 15. Trial judge, Justice Ademola Adeniyi, also directed the anti-graft agency and its chairman to ensure that they entered their defence to the issues raised in the suit before that date. The court further directed that they should be duly served with hearing notices in respect of the suit. It will be recalled that a security expert, Mr. George Uboh, had maintained that he was mandated by the Bayelsa State Government to file the suit to help recover the funds, which were seized from its convicted former governor. But the Bayelsa State Government had denied ordering the suit, insisting that it never filed such matter before the high court. Uboh, who is the Chief Executive of Panic Alert Security System, PASS, produced a copy of the mandate as well as series of correspondences between him and EFCC in relation to the seized funds. In the suit against EFCC and its Chairman, in the name of Bayelsa State, it applied for a declaration that the failure of EFCC to remit the complete funds recovered from Alamieyeseigha after he was investigated and prosecuted and "subsequently trading with the funds by way of funds placement/fixed deposits, is an act of corruption and an economic crime contrary to sections 6 and 7 of the EFCC (Establishment) Act, 2004." -------------------------------------------------------------------------------------- Nigeria: Amaechi Berates Jonathan Over Unresolved Corruption Cases BY HABIBU UMAR AMINU, 7 MARCH 2014 Corruption and civilian dictatorship appear to have been institutionalised in the country by the President Goodluck Jonathan administration, Rivers State Governor Rotimi Amaechi has said. He spoke yesterday in Abuja at a national conference organised by the Peoples Media Limited publishers of The Peoples Daily Newspaper. Amaechi who was represented by his Commissioner of Information Ibim Semenitary, in a paper entitled, "Metaphor of Change and the Politics of 2015", said that the rule of law meant nothing to the present regime, alleging that assassinations, kidnapping as well as violence across the country have become norms. According to him, $20 billion is alleged to have gone missing at the Nigerian National Petroleum Corporation (NNPC) just as both fuel and kerosene subsidy have become questionable. He said the case of bullet proof cars allegedly bought by former minister of aviation has remained unresolved, adding that the Shell/Malabu story is yet another case of corruption being condoned. "The response of the regime to corruption is to imprison those exposing corruption. The impunity in corruption is extended to the punishment of those who fight corruption," he said. "Nigerians live in want, hunger and penury. Death on the streets of Borno, Yobe, Adamawa, Kano and Bauchi (states) are no longer lessons for discussions. They are a daily occurrence. The debate is whether it is religiously motivated or it is driven by ignorance, hunger, and poverty," Amaechi emphasised. --------------------------------------------------------------------------------------------------------------------------------------------------------------- CORRUPTION IN GOVERNANCE: Nigeria: U.S. Freezes U.S.$458 MIllion of Abacha Loot By Ezra Ijioma with Agency Report, 6 March 2014 Late Sani Abacha The United States Justice Department yesterday moved to seize more than half a billion dollars of alleged corrupt proceeds from former a former Head of State, the late Gen. Sani Abacha and his associates, in what officials called the largest such action in US history. In a court filing unsealed yesterday in a federal court in Washington, D.C., and obtained from the US Justice Department website , government lawyers said the US has already frozen more than $458 million in bank accounts around the world, and seeks to recover at least $100 million more. The US government has moved to freeze $313 million in accounts in the Bailiwick of Jersey and $145 million in accounts in France. There are also investment portfolios and bank accounts in the United Kingdom worth at least $100 million that the US has targeted, the official said. Under the Kleptocracy Asset Recovery Initiative, the Justice Department seeks to seize the proceeds of foreign officials' corruption and return the money to the harmed countries. Case Document 1 Filed 11/18/13 Page 1 of 42 IN THE UNITED STATES DISTRICT COURT THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Asset Forfeiture and Money Laundering Section Criminal Division United States Department of Justice 1400 New York Avenue, NW, 10th Floor Washington, DC 20005, Plaintiff, ALL ASSETS HELD IN ACCOUNT NUMBER 80020796, IN NAME OF DORAVILLE PROPERTIES CORPORATION, AT DEUTSCHE BANK INTERNATIONAL, LIMITED IN JERSEY, CHANNEL ISLANDS, AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD IN ACCOUNT NUMBER IN NAME OF MOHAMMED HSBC FUND ADMINISTRATION (JERSEY) LIMITED AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD IN ACCOUNT NUMBER 223405880IUSD, IN NAME OF RAYVILLE INTERNATIONAL, A . BANQUE A, AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD IN ACCOUNT NUMBER IN THE NAME OF STANDARD ALLIANCE FINANCIAL SERVICES LIMITED AT BANQUE A, AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; UNDER SEAL Case No. ALL ASSETS HELD IN ACCOUNT NUMBERS 100130688 AND 100138409, IN NAME OF MECOSTA SECURITIES, INC., AT STANDARD Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 2 of 42 BANK LONDON LIMITED AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD AT HSBC LIFE (EUROPE) LIMITED, FORMERLY HELD IN ACCOUNT NUMBER 37060762 NAME OF MOHAMMED AT MIDLAND LIFE INTERNATIONAL LIMITED AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD IN ACCOUNT NUMBER 38175076, IN NAME OF MOHAMMED SANI HSBC PLC, AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD IN THE INVESTMENT PORTFOLIO OF BLUE HOLDING (1) PTE. LTD., ON BEHALF OF OR TRACEABLE TO RIDLEY GROUP LIMITED, AND/OR THE RIDLEY TRUST AT J.O. HAMBRO INVESTMENT MANAGEMENT LIMITED AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD IN THE INVESTMENT PORTFOLIO OF BLUE HOLDING (2) PTE. LTD., ON BEHALF OF OR TRACEABLE TO RIDLEY GROUP LIMITED, AND/OR THE RIDLEY TRUST AT J.O. HAMBRO INVESTMENT MANAGEMENT LIMITED AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; ALL ASSETS HELD IN THE INVESTMENT PORTFOLIO OF BLUE HOLDING (1) PTE. LTD., ON BEHALF OF OR TRACEABLE TO RIDLEY GROUP LIMITED, AND/OR THE RIDLEY TRUST AT JAMES HAMBRO & PARTNERS LLP AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; 2 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 3 of 42 ALL ASSETS HELD IN THE INVESTMENT PORTFOLIO OF BLUE HOLDING (2) PTE. LTD., ON BEHALF OF OR TRACEABLE TO RIDLEY GROUP LIMITED, AND/OR THE RIDLEY TRUST AT JAMES HAMBRO & PARTNERS LLP AND ALL INTEREST, BENEFITS, OR ASSETS TRACEABLE THERETO; DORAVILLE PROPERTIES CORPORATION, A BRITISH VIRGIN ISLANDS CORPORATION, TOGETHER WITH ITS ASSETS AND ALL PROPERTY TRACEABLE THERETO; MECOSTA SECURITIES, INC., A BRITISH VIRGIN ISLANDS CORPORATION, TOGETHER ITS ASSETS AND ALL PROPERTY TRACEABLE THERETO; RAYVILLE INTERNATIONAL, S.A., A BRITISH VIRGIN ISLANDS CORPORATION, TOGETHER ITS ASSETS AND ALL PROPERTY TRACEABLE THERETO; RIDLEY GROUP LIMITED, A BRITISH VIRGIN ISLANDS CORPORATION, TOGETHER WITH ITS ASSETS AND ALL PROPERTY TRACEABLE THERETO; AND STANDARD ALLIANCE FINANCIAL SERVICES LIMITED, A BRITISH VIRGIN ISLANDS CORPORATION, TOGETHER WITH ITS ASSETS AND ALL PROPERTY TRACEABLE THERETO, Defendants. VERIFIED COMPLAINT FOR FORFEITURE REM Comes now the Plaintiff, United States of America, through its undersigned attorneys, and alleges, upon information and belief, as follows: 3 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 4 of 42 I. INTRODUCTION This is an action in rem to forfeit corporate entities and more than $500 million in other assets involved in an international conspiracy to launder proceeds of corruption in Nigeria during the military regime of General General his son Mohammed Sani Abacha, their associate Abubakar Atiku Bagudu, and others embezzled, misappropriated, defrauded, and extorted hundreds of millions of dollars from the government of Nigeria and others, including through the three criminal schemes described herein. They then transported and laundered the proceeds of those crimes through conduct in and affecting the United States. The defendants in rem are subject to forfeiture as property involved in money laundering offenses in violation of U.S. law. 2. As alleged herein, in one scheme, General Abacha, together with Mohammed Sani Abacha, Bagudu, and others, systematically embezzled public funds worth billions of dollars from the Central Bank of Nigeria (CBN) on the false pretense that the funds were necessary for national security. After causing the CBN to disperse the funds, often in cash, General Abacha and Bagudu then moved the funds overseas, including through U.S. financial institutions (the "Security Votes Fraud"). In another scheme, General Abacha and his finance minister, Anthony Ani, caused the government of Nigeria to purchase non-performing government debt from a company controlled by Bagudu and Mohammed Abacha at vastly inflated prices, generating a windfall of over $282 million for Mohammed Abacha and Bagudu through U.S. financial transactions (the "Debt Buy-Back Fraud"). Finally, in the third scheme alleged herein, General Abacha and his associates extorted more than million from a French company and its Nigerian affiliate in connection with payments on government contracts (the Extortion"). 4 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 5 of 42 3. Proceeds of the Security Votes Fraud were transported into and out of the United States in violation of U.S. law and pooled into bank accounts in London, where they were used to purchase hundreds of millions of dollars of U.S. dollar-denominated Nigerian bonds. The bonds generated tens of millions of dollars in interest paid through Citibank in New York and guaranteed by the United States; in effect the conspirators lent money stolen from Nigeria back to Nigeria with zero risk and at enormous profit. By 2007, the bonds were liquidated, and the proceeds from the sale of the bonds, together with the proceeds of the Debt Buy-Back Fraud and Extortion, were deposited into the defendant accounts, using the defendant corporate entities and through U.S. financial transactions, as described herein. The defendant corporate entities are registered in the British Virgin Islands, and bank accounts and investment firms holding the other defendant assets are located in the United Kingdom, France, and the Bailiwick of Jersey. II. THE DEFENDANTS IN REM 4. By this Complaint, the United States seeks forfeiture of all right, title, and interest in the following property: (a) All assets held in account number 80020796, in the name of Doraville Properties located at Deutsche Bank International Limited in the Bailiwick of Jersey, and all interest, benefits, or assets traceable thereto. These assets were last valued at approximately $287 million; (b) All assets held in account number in the name of Mohammed Sani, at HSBC Fund Administration (Jersey) Limited in the Bailiwick of Jersey, and all interest, benefits, or assets traceable thereto.2 These assets were last valued at approximately million; (c) All assets held in account number 223405880IUSD, in the name of International, S.A., at Banque SBA in Paris, France, and all For ease of reading, the defendants in rem appear in bold throughout this Complaint. HSBC Fund Administration was formerly Midland Bank Offshore Limited. 5 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 6 of 42 interest, benefits, or assets traceable thereto. These assets were last valued at approximately $1 million; (d) All assets held in account number 223406510PUSD, in the name of Standard Alliance Financial Services Limited located at Banque SBA in Paris, France, and all interest, benefits, or assets traceable thereto. These assets were last valued at approximately million; (e) All assets held in account numbers 100130688 and 100138409, in the name of Mecosta Securities, at Standard Bank in the United Kingdom, and all interest, benefits, or assets traceable thereto. These assets were last valued at approximately £21.7 million; All assets held at HSBC Life (Europe) formerly held in account number 37060762 in the name of Mohammed Sani at Midland Life International Limited, and all interest, benefits or assets traceable thereto;3 (g) All assets in account number 38175076, in the name of Mohammed Sani, at HSBC Bank and all interest, benefits, or traceable thereto. These assets were last valued at approximately $1.6 million; (h) All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at J.O. Investment Management Limited in the United Kingdom, and all interest, benefits, or assets traceable thereto. These assets were last valued at approximately €6,806,900; (i) All assets held in name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at J.O. Hambro Investment Management Limited in the United Kingdom, and all interest, benefits, or assets traceable thereto. These assets were last valued at approximately All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at James Hambro & Partners LLP, in the United Kingdom, and all interest, benefits, or assets traceable thereto. These assets were last valued at approximately (k) All assets held in of the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at James Hambro & Partners LLP, in the United Kingdom and all interest, The branch of Midland Life International Limited holding account number was acquired by Life (Europe). 6 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 7 of 42 benefits, or assets traceable thereto. These assets were last valued at approximately €56,962,996.26; (1) Doraville Properties Corporation, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto; (m) Mecosta Securities, Inc., a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto; (n) Rayville International, SA, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto; (o) Ridley Group Limited, a corporate entity registered in the British Virgin Islands, with all its assets and all property traceable thereto; (p) Standard Alliance Financial Services Limited, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto. III. JURISDICTION AND VENUE 5. This Court has jurisdiction over this subject matter. 28 § 1345 and 1355(a), and 18 U.S.C. § 981(a)(1)(A). 6. This Court has in rem jurisdiction over the named defendant properties. 28 U.S.C. § 1345 and 1355(a). 7. Venue for this action is proper in this district because the named defendant properties are presently located in foreign countries. 28 U.S.C. § IV. FACTUAL ALLEGATIONS A. Key Participants - General Abacha, his Associates, and their Corporate Entities 8. General Sani Abacha was a military officer in Nigeria who assumed the office of the President of the Federal Republic of Nigeria through a military coup on November He held the office of the President until his death on June 8, Prior to assuming the 7 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 8 of 42 presidency, he served as Chief of Army Staff (1985-1989), Chairman of the Joint Chiefs of Staff (1989-1990), and Minister of Defense (1990-1993). As described herein, General Abacha conspired with others to steal and defraud hundreds of millions of dollars from Nigeria, extort money from third parties wishing to do business in Nigeria, and launder the proceeds of that theft, embezzlement, misappropriation, and extortion throughout the world. 9. Ibrahim Sani Abacha was the first son of General Sani Abacha. Ibrahim Abacha participated in the conspiracy to steal hundreds of millions of dollars from the Nigerian government and launder the proceeds around the world. He died in a plane crash in January 1996. 10. Mohammed Sani Abacha is the second son General Sani Abacha. After Ibrahim death, Mohammed Abacha assumed his brother's role in the conspiracy to steal hundreds of millions of dollars from Nigeria and launder the criminal proceeds throughout the world. Mohammed Abacha received and helped to launder more than $700 million in cash stolen directly from Nigeria's public coffers. He also is a signatory and/or a corporate representative designated on many of the defendant assets. Atiku Bagudu was an associate of General Abacha and his sons who participated in the conspiracy to steal and launder hundreds of millions of dollars. Among other things, Bagudu played an instrumental role in setting up and executing the complicated financial transactions used to launder the proceeds of the conspiracy. He is also a signatory and/or corporate representative designated on many of the defendant assets. 12. Ismaila Gwarzo held the position of National Security Advisor (NSA) during the presidency of General Sani Abacha, and Gwarzo participated in the conspiracy to steal and launder hundreds of millions of dollars. Among other things, Gwarzo prepared and executed the 8 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 9 of 42 false paperwork that caused the CBN to release hundreds of millions of dollars worth of U.S., U.K., and Nigerian currency as part of the Security Votes Fraud described below. Daura was an associate of the Abacha Family and operated the Sunshine Bureau de Change, a money exchange business located in Nigeria. Daura participated in the conspiracy by moving criminal proceeds out of Nigeria to accounts he controlled in England and by transferring criminal proceeds into and out of the United States to accounts controlled by the Abacha Family. Anthony Ani held the position of Minister of Finance during the presidency of General Abacha. Minister Ani authorized the disbursement of Nigerian government funds in furtherance of the Security Votes Fraud and the Debt Buy-Back Fraud, both described below. 15. David Umaru was an attorney and associate of the Abacha family. Umaru participated in the conspiracy by communicating General extortion demands to third parties wishing to do business in Nigeria, including as described below to the owners of Group, a French-based construction company. Defendant Doraville Properties Corporation (Doraville) was incorporated in the British Virgin Islands on July 2, Bagudu was a director and authorized signatory on its bank accounts at Deutsche Bank AG and at Deutsche Bank International Limited (Jersey) Eagle Alliance International Limited (Eagle Alliance) was incorporated in Ireland on August 9, Bagudu was an authorized signatory on its accounts at Australia and New Zealand (ANZ) Grindlays in London, England, and at Goldman Sachs & Co. in Zurich, 9 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 Switzerland.4 As discussed herein, in Eagle Alliance's assets were transferred to Mecosta Securities, Inc. Harbour Engineering and Limited (Harbour Engineering) was incorporated in the British Virgin Islands. Bagudu was an authorized signatory on its account at Banque A in Paris. Defendant Mecosta Securities, Inc. (Mecosta) was incorporated in the British Virgin Islands on October 9, Bagudu was an authorized signatory on accounts in the name of Mecosta at ANZ (London); Standard Bank in London, England (Standard Bank); Credit Indosuez in London, England; Goldman Sachs in Zurich, Switzerland; and Banque Baring Brothers in Geneva, Switzerland. 20. Morgan Procurement Corporation (Morgan Procurement) was incorporated in the British Virgin Islands on January 24, Bagudu was an authorized signatory on four accounts at the Union Bank of Nigeria in London, England. Defendant Rayville International, was incorporated in the British Virgin Islands. Bagudu was an authorized signatory on its account, number 223405880IUSD, at Banque SBA in Paris. 22. The Ridley Trust was created by Indosuez Trust Services Limited at the request of Bagudu and registered in Guernsey, Channel Islands, on September 22, The Ridley Trust is the sole shareholder of the Ridley Group. Bagudu is the Ridley Trust's prime beneficiary. 23. Defendant Ridley Group Limited (Ridley Group) was incorporated in the British Virgin Islands on June 10, 1997. Australia and New Zealand (ANZ) Banking Group Limited, with headquarters in Australia, purchased Grindlays Bank, another international bank, in After its acquisition, the bank operated in London, England, under the name of ANZ Grindlays Bank In early 1996, the London bank's name was again changed to ANZ Banking Group London. For purposes of this Complaint, the financial institution known as Grindlays Bank, ANZ Grindlays Bank and ANZ Banking Group London will hereinafter be referred to as ANZ (London). ANZ Banking Group's New York branch will be referred to ANZ (New York). 10 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 24. Defendant Standard Alliance Financial Services Limited (Standard Alliance) was incorporated in the British Virgin Islands. Bagudu was an authorized account signatory for account number 223406510PUSD in the name of Standard Alliance at Banque SBA. B. The Security Votes Fraud 25. Between January 1994 and June 1998, General Sani Abacha, National Security Advisor Gwarzo, and others stole more than $2 billion from Nigeria by fraudulently and falsely representing that the funds were to be used for national security purposes. As described below, General Abacha and Gwarzo executed false national security letters directing the withdrawal of funds from the CBN, referred to as "security votes" letters after a practice by which Nigerian governors received a budgetary allocation for security purposes. Rather than use the funds for national security purposes, the stolen money was transported out of Nigeria and deposited into accounts controlled by General associates, including Mohammed Abacha and Bagudu. i. Embezzlement of over $2 billion from the Central Bank of Nigeria 26. In order to steal public funds from Nigeria, National Security Advisor Gwarzo, at General direction, prepared one- to- two page letters to General Abacha purporting to request millions of U.S. dollars, British pounds sterling, and Nigerian naira to address unidentified "emergencies" that threatened Nigeria's national interests. General Abacha endorsed each letter with his signature, thereby approving the disbursement of the requested monies. The endorsed security votes letters were sent to the CBN, located in Nigeria, and the CBN, acting in accordance with the letters, disbursed the funds as directed in cash or traveler's checks, or through wire transfers. 27. Using these security votes letters to take money from the CBN violated what the CBN has described as Nigeria's "accepted government procedures." The proper government 11 Case Document 1 Filed 11/18/13 Page 12 of 42 procedures required the Minister of Finance and the to each approve disbursements in accordance with Nigeria's budget. The security votes withdrawals were not properly approved by both the Minister of Finance and the Aceountant-General, and were also not included in Nigeria's budget for the relevant fiscal years. 28. Over sixty false security votes letters were addressed to and endorsed by General Abacha, each of which resulted in the withdrawal of Nigeria's public funds from the CBN. Subsequently, the funds were deposited into accounts controlled by, or used to purchase assets for the benefit of, General Abacha, Bagudu, or other members of the conspiracy. For example: (a) By letter, dated June 2, 1994, Gwarzo falsely stated: "In view of the on-going negative campaign against this country, small international operation has been mounted to cover it.. approve as a matter of urgency, the sum of Five Million Dollars.. this operation." (b) By letter, dated November 30, Gwarzo falsely stated: million dollars are requested] to combat an economy that was deflected and distorted through the black market." (c) By letter, dated August 20, Gwarzo falsely stated: "In light of the current political situation in the country, coupled with the increase in security operations.. is need for a lot of funds to handle the challenges outlined above such that I require Three hundred and million Naira [N350,000,000.00] plus Thirty million dollars [$30,000,000] and Fifteen million Pounds [£15,000,000.00] .. consider desperate need and approve." Each of these letters, and others like them, were endorsed by General Abacha. 29. Shortly after General Abacha's death, the government of Nigeria established a Special Investigation Panel (SIP), which found that General Abacha and his co-conspirators had used the false security votes letters to steal and defraud more than $2 billion in public funds, including: (1) at least $1.1 billion and pound sterling (GBP) in cash; (2) at least 12 Case l:13-cv-01832-JDB 1 Filed 11/18/13 Page 13 of 42 $50,465,450 and £3,500,000 GBP in traveler's checks; and (3) at least $386,290,169 through wire transfers. ii. Transfer of the Embezzled Funds Out of Nigeria and Through the United States 30. The conspirators transported the proceeds of the Security Votes Fraud out of Nigeria to accounts in Europe that were under the conspirators' private control, including the Rayville and Standard Alliance accounts at Banque SBA, the Eagle Alliance and Mecosta accounts at ANZ (London), and the Mecosta account at Standard Bank as described below. The CBN staff and other individuals known and unknown to the United States generally would deliver the currency stolen with the security votes letters to Gwarzo at his residence. Gwarzo and others acting at his direction would repackage the currency in secure bags and then deliver it to General Abacha at his residence in Nigeria. 32. General Abacha, or those acting at his direction, delivered more than $700 million of these funds to Mohammed Abacha in bags or boxes full of cash. 33. Mohammed Abacha gave the cash he received to Bagudu, who later arranged for the money to be transferred to accounts controlled by Bagudu and Mohammed Abacha in foreign countries. Transfers included deposits into accounts in the name of defendants Mecosta, Doraville, Standard Alliance, and Rayville, as well as Eagle Alliance and Harbour Engineering. 34. In order to move the money overseas, Bagudu deposited the cash proceeds of the Security Votes Fraud into at least one of two Nigerian commercial banks, Union Bank of Nigeria and/or Inland Bank of Nigeria. Bagudu referred to the money deposited into Union Bank and Inland Bank as his "cash swaps." Bagudu and/or Mohammed Abacha then instructed Union Bank or Inland Bank to transfer the stolen funds to other accounts under Bagudu or Mohammed 13 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 14 of 42 Abacha's control, such as accounts in the name of Mecosta, Rayville, and Eagle Alliance. Inland Bank or Union Bank made the necessary arrangements to transfer the money overseas.5 The funds were transferred from Union Bank or Inland Bank back to the CBN, to an account held by Union Bank or Inland Bank at the CBN. The CBN then transferred the funds from the account of Union Bank or Inland Bank to their respective overseas domiciliary accounts held at banks in either London or New York.6 The specific London or New York account varied depending on which Nigerian commercial bank had been used in the first instance. 35. Through these "cash swaps," at least million was transported into and out of the United States, and into accounts held in the name of the defendant corporations. For example: (a) Between July 1995 and April 1996, $18.3 million was deposited into accounts in Nigeria at Union Bank and Inland Bank controlled by Mohammed Abacha and Bagudu. These funds were subsequently wire transferred into and out of correspondent accounts at financial institutions in the United States for deposit into accounts held in the names of Eagle Alliance or Mecosta at ANZ (London). The transfer of these funds was accomplished through transactions including, but not limited to, the following: (i) On or about October Bagudu caused the wire transfer of $5 million from an account at Union Bank of Nigeria into and out of a correspondent account at Barclays Bank New York, into a correspondent account at ANZ (New York), for credit to the Eagle Alliance account at ANZ (London). Starting at least as early as August 1995, the Nigerian Ministry of Finance required Nigeria's commercial banks to transfer foreign currency out of Nigeria through the CBN. A domiciliary account is a bank account held in the name of an individual or corporate entity operated with foreign currency. 14 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 15 of 42 (ii) On or about November 5, 1995, Bagudu caused the wire transfer of $6 million from a domiciliary account of Union Bank of Nigeria into and out of a correspondent account at Barclays Bank New York, and then into and out of a correspondent account at ANZ (New York), for credit to the Eagle Alliance account at ANZ (London). This $6 million was credited to the Eagle Alliance account on or about November (iii) On or about January 3, Bagudu caused the wire transfer of approximately $320,000 from Inland Bank of Nigeria into and out of a correspondent account at Morgan Guaranty Trust Bank, New York, and then into and out of a correspondent account at ANZ (New York), for credit to the Eagle Alliance account at ANZ (London). (b) Between August and November at least $7.2 million in proceeds from the Security Votes Fraud was deposited into the Eagle Alliance account at ANZ (London) by or on behalf of Alhaji Ahmadu Daura, an associate of Mohammed Abacha. These funds included monies withdrawn from the CBN in the form of cash and traveler's checks. The monies were first deposited into accounts controlled by Daura at London Trust Bank in Nigeria and then wired to the Eagle Alliance account at ANZ (London). (c) In an additional $20 million in proceeds from the Security Votes Fraud were wire transferred from the Inland Bank of Nigeria domiciliary account at Commerzbank AG in London, into and out of correspondent bank Credit Lyonnais, New York, for deposit into account number 223405880IUSD held in the name of Rayville at Banque SBA in Paris. (d) On or about July another $10 million in proceeds from the Security Votes Fraud were wire transferred from the Inland Bank of Nigeria domiciliary account at Commerzbank AG in London into and out of correspondent bank Credit Lyonnais, 15 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 16 of 42 New York, for deposit into an account in the name of Harbour Engineering located at Banque SBA in Paris. (e) Between November and January an additional $59 million in proceeds from the Security Votes Fraud were transferred into and out of the United States for deposit into account number held in the name of Mecosta at Standard Bank in London as follows: (i) First, the $59 million in proceeds were transferred from Inland Bank of Nigeria to the CBN; (ii) Second, the CBN credited the proceeds to an Inland Bank of Nigeria domiciliary bank account held at Citibank (New York); (iii) Third, Citibank (New York) transferred the money into a correspondent bank account at Barclays Bank, New York; and (iv) Fourth, Barclays, New York transferred the proceeds into Mecosta's account at Standard Bank. In an additional $24 million in criminal proceeds from the Security Votes Fraud were transferred into and out of the United States for deposit into account number held in the name of Mecosta at Standard Bank. C. Debt Buy-Back Fraud i. The Conspirators Defrauded Nigeria of More than $282 Million by Causing Nigeria to Repurchase Its Own Government Debt at a Grossly Inflated Price 36. Mohammed Abacha, Bagudu, and others defrauded Nigeria of more than $282 million by causing the government of Nigeria to repurchase Nigeria's own debt from one of their companies for more than double what Nigeria would have paid to repurchase the debt on the open market. 16 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 17 of 42 37. In the Nigerian Steel Development Authority (an entity owned by the Nigerian government and later known as Ajaokuta Steel Company) entered into an agreement with Tiajpromexport (TPE), a Russian company, to construct a steel plant in Nigeria for 5 billion German (DM). The government of Nigeria agreed to give TPE debt instruments guaranteeing payment of $2 billion to finance part of the construction. The government of Nigeria later suspended payment on these debt because of a dispute that arose with TPE. TPE, in turn, stopped work on the steel plant, and Nigeria defaulted on the outstanding debt instruments. 39. Subsequently, Bagudu learned, through his contacts at ANZ (London), about TPE's interest in selling the debt. Employees of ANZ (London) told Bagudu that they had a client who would be willing to sell the debt to one of companies (in this case, Mecosta). The client was later identified as Parnar Shipping Corporation (Parnar), a Liberian company. 40. Bagudu, in turn, approached Ibrahim Abacha and Finance Minister Anthony Ani and received assurances that the government of Nigeria would buy back the debt from Bagudu if one of companies purchased it from TPE. To guarantee that Nigeria would purchase the debt, Ani entered into an agreement on behalf of Nigeria to buy the debt from Mecosta on April more than four months before either Parnar or Mecosta actually acquired the debt. As a result of this agreement, the Nigerian government paid millions of dollars more than necessary to cancel its debt, as described below. Bagudu orchestrated a series of transactions through which Mecosta received money in escrow from Nigeria, used that money to purchase the debt from Parnar, and sold the debt back to Nigeria at a significant markup. 17 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 18 of 42 42. Specifically, Bagudu arranged for TPE to sell approximately billion DM of its Nigerian debt instruments to Parnar on or about September 30, 1996, for 350 million DM. That same day, Parnar resold the same debt to Mecosta, raising the price to 486 million DM. Mecosta immediately marked up the price again and sold it back to Nigeria for 972 million DM, which the Nigerian government paid in two installments of 486 million DM. 43. Mohammed Abacha and Bagudu, as the owners of Mecosta, yielded a profit of approximately million DM or $282,506,664. 44. Nigeria's purchase of the debt was personally approved by General Abacha, even though Nigeria would have saved hundreds of millions of dollars by buying the debt on the open market at the price TPE was willing to sell it, which was nearly two-thirds less than Nigeria ultimately paid for the debt. ii. The Disposition of the Debt Buy-Back Fraud Proceeds 45. The CBN paid Mecosta, Bagudu, and Mohammed Abacha as follows: (a) On or about May the CBN transferred 486 million DM to an escrow account held in the name of and Mecosta at ANZ (London), DM of which was then used by Mecosta to pay for the debt instruments. (b) In April Ani caused the CBN in Lagos, Nigeria, to wire an additional 486 million two accounts held in the name of Eagle Alliance and Morgan Procurement. Specifically: (i) On or about April 15, 1997, the CBN transferred $141,253,333 (equivalent to approximately 243 million DM) into and out of a correspondent bank account at Citibank (New York) to Goldman Sachs in Zurich, Switzerland, for credit to accounts held in the names of Eagle Alliance and Morgan Procurement. 18 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 (ii) On or about April 22, 1997, the CBN transferred (equivalent to approximately 243 million DM) into and out of a correspondent bank account at Citibank (New York) to Goldman Sachs in Zurich, Switzerland, for credit to the Mecosta account, but, instead, these funds were deposited into an account of Eagle Alliance. 46. Later in officials at Goldman Sachs informed Bagudu and Mohammed Abacha that the bank was ending their relationship over concerns about the source of the money in the accounts held by Eagle Alliance and Morgan Procurement. As a result, Bagudu and Mohammed Abacha transferred approximately $202.3 million in cash and securities from the Eagle Alliance accounts at Goldman Sachs in Zurich to a Mecosta account at Banque Baring Brothers, located in Geneva, Switzerland, and they transferred approximately $90 million in cash and securities from the Morgan Procurement accounts to a Mecosta account at Credit Agricole Indosuez in London. 47. On or about February officials at Banque Baring Brothers informed Bagudu and Mohammed Abacha that the bank was terminating its relationship with Mecosta over false representations made by Bagudu and Mohammed Abacha about the source of their money. Bagudu and Mohammed had falsely represented to Banque Baring Brothers that the funds came from the oil and gas industry. 48. Bagudu and Mohammed Abacha then approached DBIL located in Jersey. DBIL officials, relying upon the false representations of Bagudu and Mohammed Abacha and false documents purportedly showing legitimate sources of the Mecosta money, approved their request to open an account in the name of Mecosta. For example, Bagudu and Mohammed Abacha represented to DBIL that the Mecosta funds were the proceeds of oil, construction, and 19 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 20 of 42 energy trading, when in truth and in fact the Mecosta funds were the proceeds of theft and corruption. 49. When the DBIL account was opened on or about April 3, Bagudu and Mohammed Abacha changed the name on the account from Mecosta to "Doraville Properties Corporation" and transferred approximately $137.1 million in proceeds of the Debt Buy-Back Fraud from their Mecosta account at Banque Baring Brothers into this Doraville account at DBIL. 50. In after General Abacha's death, approximately million of the funds deposited into the Doraville account were transferred to the government of Nigeria voluntarily by the Abacha family, leaving only $1,000 remaining. This $1,000 was later comingled with funds from the purchase and sale of Nigerian Par Bonds as described herein. Approximately million of the funds Eagle Alliance (on behalf of Mecosta) obtained in this scheme were transferred into Mecosta's account at ANZ (London) where it was intermingled with proceeds from the Security Votes Fraud and used to purchase Nigerian Par Bonds as described below. D. The Laundering of the Proceeds of the Security Votes Fraud and the Debt Buy-Back Fraud through the Purchase and Transfer of Securities, Nigerian Par Bonds 52. Mohammed Abacha, Bagudu, and others invested the proceeds of the schemes described above in Nigerian Par Bonds (NPBs), reaping more than million in interest paid by the Nigerian government and backed by the United States. 53. Through the use of their corporate entities, including defendants Mecosta, Rayville, Standard Alliance, and Doraville, Bagudu and Mohammed Abacha pooled proceeds of the Security Votes Fraud, the Debt Buy-Back Fraud, and other criminal activity into the 20 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 purchase of NPBs and related Payment Adjustment Warrants (PAWs) through a complex series of monetary transactions in or affecting the United States. As set forth herein, transactions involving these Nigerian government securities are traceable to the defendant assets held in the name of the five defendant corporations. i. Background on Nigerian Par Bonds 54. NPBs were U.S. dollar-denominated securities whose interest (known as "coupon interest") payments were guaranteed by the U.S. Treasury. This type of security was created as part of the Brady Bond program to help developing countries holding substantial debt to restructure their debt into bonds. Under this program, U.S. zero-coupon (i.e., interest free) bonds were held in escrow to guarantee the payment of interest on bonds issued by developing nations, such as Nigeria. The U.S. dollar-denominated securities, issued by developing nations, were offered for sale around the world through commercial financial institutions that elected to participate in this market. 55. Bonds are valued by the issuer at the amount due to the bond holder on the bond's maturity date (known as the "par value" or simply "par"). The bond's par value is also referred to as the bond's "face value." 56. Nigeria first offered NPBs under the Brady Bond program in To encourage investors to purchase NPBs, the Nigerian government also issued PAWs, another type of investment, with each purchase of NPBs. A set formula determined how many PAWs would accompany each purchase. The NPBs and PAWs could be traded together or separately. The PAWs yielded dividend payments, which were paid twice per year. 57. Citibank NA, New York (Citibank (New York)) served as the Fiscal Agent, Registrar, and Calculation Agent for the Nigerian government in connection with the issuance 21 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 and sale of NPBs and PAWs. In this capacity, Citibank (New York) was responsible for disbursement of coupon interest payments on the NBPs and for payment of dividends on the related PAWs. The Nigerian government periodically transferred money to Citibank (New York) to fund these payments. Coupon interest payments and dividend payments were then made from the United States by Citibank (New York) in U.S. dollars to the financial institution designated by each bond holder. 58. Over the course of the conspiracy, Bagudu and Mohammed Abacha transferred approximately million in proceeds of their criminal schemes into accounts in the name of Eagle Alliance and Mecosta at ANZ (London) and approximately $83 million into accounts in the name of Mecosta at Standard Bank, also in London. These funds were used to purchase NPBs worth $572 million (face value), including $490 million at ANZ (London) and at least $82 million at Standard Bank. 59. Of the $190 million deposited at ANZ (London), approximately $126.5 million originated from the Security Votes Fraud. An additional $15 million was transferred to ANZ (London) from Morgan Procurement, a company owned and controlled by Mohammed Abacha and Bagudu. Between and 1997, Morgan Procurement received two public contracts for the procurement of vaccines from Nigeria's National Commission for Women and Federal Ministry of Health, both of which were under the control of Maryam Abacha, General Abacha's wife and Mohammed Abacha's mother. The million was a portion of the more than million received by Morgan Procurement for these contracts, of which only approximately $48 million was used to purchase vaccines. 60. The NPBs purchased by Bagudu and Mohammed Abacha generated substantial income. For example, from November through November 2006, a total of at least 22 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 23 of 42 million in coupon interest payments, funded by Nigeria and traceable to NPBs purchased with the proceeds of the Security Votes Fraud alleged herein, was transferred from Citibank (New York) into bank accounts in the name of Eagle Alliance and Mecosta at ANZ (London) and Doraville at DBIL. ii. The Purchase of Nigerian Par Bonds at ANZ (London) By Defendant Mecosta 61. In September Eagle Alliance entered into a Master Deferred Purchase Agreement (MDPA) with ANZ (London) to buy NPBs through the bank's "emerging markets" program. This umbrella agreement authorized Eagle Alliance to enter into subsequent, specific deferred purchase agreements with ANZ (London) to acquire NPBs using funds from Eagle Alliance and financing from ANZ (London). Pursuant to the MDPA, Eagle Alliance provided approximately 30 percent of the purchase price from its deposits, and the remainder was financed by ANZ (London), with the NBPs serving as collateral for the loans. In accordance with the MDPA, payments were made in U.S. dollars to ANZ (New York). 62. All told, Eagle Alliance paid approximately $29.8 million to purchase NPBs worth $200 million (face value), all of which were paid using funds transferred through ANZ (New York) and financed by ANZ (London). 63. For example, on October 24, Eagle Alliance paid million to purchase NPBs worth $10 million (face value) using funds transferred through ANZ (New York) to ANZ (London) coupled with financing from ANZ (London). 64. On or about February 8, 1996, Mecosta entered into a similar MDPA with ANZ (London), which authorized Mecosta to buy NPBs using its own funds combined with financing provided by ANZ (London). In accordance with the MDPA, and subsequent, specific deferred purchase agreements, payments were made in U.S. dollars to ANZ (New York). 23 l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 65. On or about February Mohammed Abacha and Bagudu transferred all remaining assets held by Eagle Alliance to Mecosta. 66. By early May Mecosta owed over $200 million to ANZ (London). To pay down this debt, on or about May 1998, Bagudu arranged for the transfer of £40 million GBP (the equivalent of $64.3 million) from Inland Bank Nigeria Lagos, Nigeria, to Mecosta's account at ANZ (London). These funds were converted into U.S. dollars, which Mecosta used to reduce the debt owed to ANZ (London). 67. From November through November Citibank (New York) disbursed coupon interest payments on the NPBs to ANZ (New York) that were later transferred into the accounts of Eagle Alliance and Mecosta located at ANZ (London) as follows. The coupon interest payments were used to pay down the debt owed to ANZ (London) for the NPB purchases: Date of Payment Amount of Coupon Payment 11/15/1995 $4,687,500 5/15/1996 $ 9,375,000 11/15/1996 $13,125,000 5/15/1997 $15,312,500 11/15/1997 $15,312,500 5/15/1998 $15,312,500 11/15/1998 $15,312,500 68. By November 1998, Bagudu and Mohammed Abacha, through Mecosta, had purchased and held through ANZ (London) NPBs worth $490 million (face value), but Mecosta also owed ANZ (London) $95 million that it had borrowed to finance the purchase of the bonds. iii. The Transfer of Nigerian Par Bonds from ANZ (London) to Defendant Doraville's Account at DBIL 24 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 25 of 42 69. In November 1998, ANZ (London) Bagudu, as the authorized representative of Mecosta, that ANZ (London) was closing its "emerging markets" operation through which the NPBs were held in Mecosta's account. As a result, on November 20, Bagudu and Mohammed Abacha transferred $400 million of the $490 million (face value) NPBs held in the Mecosta account at ANZ (London) to Deutsche Bank AG in London through DBIL in Jersey. Later, as described below, NPBs worth $325 million (face value) from this tranche were transferred to Doraville's account at DBIL. Bagudu transferred the remaining NPBs worth $90 million (face value) to Credit Agricole Indosuez in London. 70. Mohammed Abacha and Bagudu accomplished the transfer of NPBs from Mecosta to Doraville through a series of transactions on or about November 20, involving ANZ (London), Deutsche Bank AG London, DBIL in Jersey, and U.S. financial institutions, as described below. Ultimately NBPs worth $325 million (face value) were transferred to the account of Doraville at DBIL. (a) First, NPBs worth $400 million (face value) were transferred from the Mecosta account at ANZ (London) to Doraville's account located at DBIL. (b) Next, DBIL transferred the NPBs to an account held in the name of Doraville at Deutsche AG London. (c) The NPBs at Deutsche Bank AG London were held as collateral for a $95 million loan that Doraville received from Deutsche Bank AG London through transactions into and out of correspondent banks in New York. (d) Doraville, in turn, wired the $95 million in loan money into and out of Morgan Guaranty Trust Company, New York (now LP. Morgan) to ANZ (London) to pay off the outstanding debt that Mecosta owed on these bonds. 25 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 26 of 42 71. Approximately one year later, in November and Mohammed Abacha paid Deutsche Bank AG London a total of $98 million (reflecting the $95 million loan amount plus $3 million in fees) to pay off Doraville's loan. This debt was paid using funds from the sale of NPBs held as collateral for the loan and proceeds from the following transactions: (a) A wire transfer of $25 million, including proceeds from the Security Votes Fraud, on November 1999, from bank account 223405880IUSD held in the name of located at Banque SBA in Paris into and out of a correspondent bank account at Deutsche Bank New York, and to Deutsche Bank AG London; (b) A wire transfer of $10 million of Security Votes Fraud proceeds on or about November from bank account number held in the name of Standard Alliance located at Banque SBA into and out of a correspondent bank account at Deutsche New York, and to Deutsche Bank AG London; (c) A wire transfer of at least $9.5 million of the Debt Buy-Back Fraud proceeds on or about November 26, from another Mecosta investment account, located at Credit Agricole Indosuez London, to Bankers Company, New York, for deposit at Deutsche Bank AG London; and (d) The sale of NPBs worth $75 million (face value) of the original $400 million (face value). 72. Upon Bagudu's and Mohammed Abacha's repayment of the $98 million debt, Deutsche Bank AG London transferred the remaining $325 million (face value) of the NPBs and related PAWs on or about December 13, 1999, to Doraville's bank account at in Jersey. 73. From April 2000 to November 2006, Bagudu and Mohammed Abacha sold the remaining NPBs worth $325 million (face value) held in the account of Doraville at DBIL in 26 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 Jersey on the open market or back to the Nigerian government, yielding at least $149,986,000. The proceeds from the sale and redemption of NPBs were deposited into account number 80020796 in the name of Doraville located at DBIL in Jersey. For example, on or about September 22, 2005, NPBs worth were sold, and on or about October 13, 2005, NPBs worth were sold. The proceeds of both sales were deposited into account number 80020796 held in the name of Doraville at DBIL in Jersey. 74. Citibank (New York) disbursed coupon interest payments on the to Doraville's account at DBIL between the time that Doraville acquired the bonds and the time that they were sold or transferred. 75. In addition to the coupon interest payments, from at least April through November 2006, Citibank (New York) transferred at least million in proceeds from the sales of PAWs into account number 80020796 held in the name of Doraville at DBIL in Jersey. 76. From November 2001 through November 2006, Citibank (New York) disbursed dividend payments related to the PAWs worth over $6 million into and out of Deutsche Bank Trust Company in New York for deposit into the account of Doraville at DBIL by means of multiple wire transfers. 77. On May 2003, Bagudu was arrested in Houston, Texas, for extradition on warrants issued by the Bailiwick of Bagudu subsequently entered into an agreement with Nigeria and Jersey to return more than million of Doraville's assets to the Nigerian government in exchange for Jersey's withdrawal of its extradition request and his return to Nigeria for possible prosecution. Bagudu transferred $163,719,820 from Doraville's DBIL bank account to Nigeria. According to Bagudu, this sum represented his half of the Doraville assets. 27 Case Document 1 Filed 11/18/13 Page 28 of 42 78. The assets currently held in the Doraville account (valued at approximately $287 million) include the funds remaining after the transfer and liquidation of the NPBs. All of the NPBs are believed to have been sold or redeemed by 2007. iv. Transfer of NPBs from ANZ (London) to the Defendant Blue (1) and Blue (2) Investment Portfolios 79. In July 1997, Bagudu acquired the Ridley Group. In September 1997, at Bagudu's request, Indosuez Trust Services Limited formed the Ridley Trust in Guernsey, with Bagudu as the prime beneficiary. By the Declaration of Trust, the Ridley Trust became the sole shareholder of Ridley Group. 80. On or about November 30, 1998, Bagudu caused the transfer of NPBs worth $90 million (face value) of the original $490 million from ANZ (London) to an account in the name of the Ridley Group at Credit Agricole Indosuez, London. To accomplish this transfer, he first had to repay the remaining debt owed by Mecosta to ANZ (London) against the bonds. To do so, Bagudu caused the wire transfer of approximately $2.4 million of Debt Buy-Back Fraud proceeds on or about November 24, from an investment account in the name of Mecosta at Credit Agricole Indosuez, London, to Marine Midland A., New York, to ANZ (New York), and then to the account of Mecosta at ANZ (London). 82. NPBs worth $90 million (face value) remained in the Ridley Group account at Credit Agricole Indosuez, London at least as late as November after which Credit Agricole Indosuez, London moved the Ridley Group account to Indosuez Trust Services Limited. 83. Coupon interest payments were transferred to Ridley Group at Credit Agricole Indosuez and Indosuez Trust Services Limited in connection with the For example, on or 28 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 29 of 42 about November 22, 2000, a payment of $2.8 million was transferred into and out of Citibank (New York) to the Ridley Group at Credit Agricole Indosuez, London. 84. On or about January 21, 2005, Indosuez Trust Services Limited transferred all funds, NPBs, and related PAWs held by Ridley Group and the Ridley Trust to J.O. Investment Management Limited, an investment located in London, England. 85. Subsequently, the NPBs were liquidated and the proceeds from each sale were deposited into J.O. Hambro Investment Accounts. Because Citibank (New York) served as the Fiscal Agent, Registrar, and Calculation Agent for Nigeria in connection with the issuance and sale of NPBs and PAWs, the transactions that liquidated the bonds occurred, in part, in the United States. 86. In August J.O. Hambro Investment Management Ltd transferred the assets of the Ridley Trust to the investment portfolios of Blue Holding (1) and Blue Holding (2), two corporations registered in Singapore. (a) On or about September 20, approximately €70 million were transferred from the two investment portfolios held at J.O. Hambro Investment Management Limited in the name of the Ridley Trust to investment portfolios Blue Holding (1) Pte Ltd and Holding (2) Pte Ltd held at another investment James Hambro & Partners LLP, also located in London, England. (b) As of December the balances of the investment portfolios held in the names of Blue Holding (1) Pte Ltd and Blue Holding (2) Pte Ltd at J.O. Hambro Investment Management Limited were approximately €6,806,900 and €21,846,983, respectively; and the balances of the investment portfolio accounts of Blue Holding (1) Pte Ltd and Blue 29 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 30 of 42 Holding (2) Pte Ltd at James Hambro & Partners LLP were €10,293,343.58 and €56,962,996.26, respectively. v. The Purchase of Nigerian Par Bonds at Standard Bank by Defendant Mecosta 87. From on or about August 8, 1997, through January 27, 1998, Bagudu caused the transfer of $83 million in Security Votes Fraud proceeds from Bagudu's account at Inland Bank Nigeria, Lagos, Nigeria, to Standard Bank in London for credit to account number held in the name of Mecosta. This transfer was conducted through transactions from Inland Bank, through the CBN and into an Inland Bank Nigeria, domiciliary bank account located at Citibank (New York). These funds were then transferred out of Citibank (New York) into and out of a correspondent bank account at Barclays Bank, New York, to Standard Bank in London where they were comingled with funds already in account. 88. Bagudu and Mohammed Abacha used the funds in Mecosta's account at Standard Bank to purchase NPBs and related PAWs using a combination of cash and financing from Standard Bank, with the NPBs held as collateral. vi. The Transfer of Defendant Mecosta's NPBs from Standard Bank to Defendant Standard Alliance at Banque SBA in Paris, France 89. In late to early Standard Bank also withdrew from the emerging markets program. As a result, Bagudu and Mohammed Abacha transferred Mecosta's NPBs from Standard Bank. 90. In order to transfer the NPBs, Bagudu and Mohammed Abacha paid off the debt leveraged against those bonds by selling some of the NPBs. After the debt was paid, on February 5, Bagudu caused the transfer of NPBs worth $82 million (face value) and 30 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 31 of 42 related PAWs from Mecosta's account at Standard Bank, London to account number 223406510PUSD, held in the name of defendant Standard Alliance, located at Banque SBA. In addition, on or about February 23, 1999, Bagudu caused the transfer of approximately $2.5 million in cash from Mecosta's account at Standard Bank to bank account number 223406510PUSD, held in the name of Standard Alliance and located at Banque SBA. The transaction was conducted through Credit Lyonnaise Bank, New York. 92. On information and belief, the remaining funds held in Mecosta's account number at Standard Bank, after the NPBs and cash were transferred, were moved to account numbers 100130688 and 100138409, also in the name of Mecosta at Standard Bank. 93. On or about December 6, 2006, Standard Alliance sold a tranche of NPBs for $84,562,500. The proceeds of this sale were transferred through Credit Lyonnais, New York and were deposited back into account number 223406510PUSD, held in the name of Standard Alliance and located at Banque SBA. Coupon interest payments were also transferred from Citibank (New York) to Standard Alliance at Banque SBA and Mecosta at Standard Bank during the time when those accounts held NBPs. For example, Standard Alliance received semi-annual coupon interest payments of $2,549,687.50 between May 28, 2002, and December 5, 2006. E. Extortion i. Extortion for the Payment of a Nigerian Government Contract 94. During his regime, General Abacha dominated the government and economy of Nigeria, exercising plenary control over the military and security forces, as well as government contracting, the award of oil and gas concessions, and other lucrative government benefits. In November he stopped payment on Nigerian government contracts with foreign companies, 31 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 32 of 42 including the Dumez Group, a French civil engineering firm. Although the Dumez Group later restructured itself as a Nigerian-based company, Dumez Nigeria Limited (Dumez), it was unable to collect approximately $469 million in connection with these contracts. 95. David Umaru, an attorney and associate of the Abacha family, advised the owners of Dumez that payments could be restarted i f they agreed to kick back 25 percent of those payments to the Abacha family. Dumez agreed. Dumez entered into an agreement with Allied Network LTD, a Nigerian corporation created by Umaru to receive kickbacks for Abacha family members. Allied Network LTD was listed under "Mohammed Sani" and "Abba Sani," which referred to Mohammed Abacha and his brother Abba Abacha. 96. In December Umaru opened an account in the name of Allied Network LTD at Union Bancaire Privee (UBP) in Geneva, Switzerland. This account was used to funnel kickback payments to the Abacha organization. Dumez also opened an account at UBP to receive the payments from the Nigerian government, once they were restarted. 97. Between August and May 22, the CBN transferred to the Dumez account at UBP in Geneva. Of this amount, $97,375,543, or 25 percent, was then transferred by Dumez to Allied Network LTD for distribution to members of the Abacha organization. 98. In late Mohammed Abacha caused a total of of payments from Dumez, intended for Allied Network LTD, to be transferred into defendant account number 38175076, held in the name of "Mohammed Sani" at Midland Bank London (now HSBC Bank where it was comingled with $2.12 million in proceeds of the Security Votes Fraud that had previously been wired directly from the CBN into this account. HSBC Holdings acquired Midland Bank in 1992. In 1999 HSBC Holdings phased out the Midland Bank name in favor of HSBC Bank. 32 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 33 of 42 ii. The Laundering of the Dumez Extortion Proceeds and Transfer of the Proceeds to the Defendant HSBC Accounts 99. The transfer of the in Dumez Extortion proceeds to defendant account number 38175076 at Midland Bank London occurred through financial institutions in the United States. The funds in defendant account number 38175076 at Midland Bank London were deposited into two of the defendant accounts, each held in the name of "Mohammed Sani," as follows: (a) Wire transfers of $2,500,000 on or about July 14, 1997, $5,000,000 on or about January 15, 1998, and $1,000,000 on or about June 10, 1998, into and out of a correspondent bank account at Chase Manhattan Bank, New York, and then into and out of a correspondent bank account at Bankers Trust Company, New York, to account 04-082-437 at Midland Bank Offshore Limited, which is now known as account number S-104460 at HSBC Fund Administration (Jersey) Limited; and (b) Wire transfers of $1,000,000, and $3,000,000 on or about June 9, 1998, into and out of a correspondent bank account at Marine Midland Bank, New York, to account number 37060762 in the name of Mohammed Sani at Midland Life International Limited, which is now held at HSBC Life (Europe). V. BASIS FOR FORFEITURE 101. At all times relevant to this complaint, conduct constituting theft; conversion; fraud; extortion; and the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official were criminal offenses under Nigerian law, as enumerated in the Nigerian Criminal and Penal Codes, including but not limited to Nigerian Criminal Code Act 33 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 34 of 42 1990, CAP.77, Part 3, Chapters 12 and 34, and the Nigerian Penal Code Law 1963, CAP. 89 Chapters X, and XIX. Copies of relevant provisions are set forth in Attachment A. 102. As described below, the following entities were used by Abacha and his associates to execute these financial transactions, and each constitutes a "financial institution," as defined under 31 § 5312(a)(2) for purposes of 18 § 1956 and 1957: (a) ANZ Banking Group, New York; (b) Bankers Trust Company, New York; (c) Barclays Bank, New York; (d) Citibank NA, New York; (e) Chase Manhattan Bank, New York; (f) Chemical Bank, New York; AG, New York; (h) Marine Midland Bank, New York HSBC USA, NA); and (i) Morgan Guaranty Trust Company, New York (now JP Morgan Chase). FIRST CLAIM FOR FORFEITURE (18 U.S.C. § 981(a)(1)(A)) Paragraphs above, are incorporated by reference as i f fully set forth herein. 104. Pursuant to 18 U.S.C. § 981(a)(1)(A), "[a]ny property, real or personal, involved in a transaction or attempted transaction in violation of sections 1956 [or] 1957... of [Title 18], or any property traceable to such property" is to forfeiture to the United States. 105. Title United States Code, Section 1957 imposes a criminal penalty on any person who, "[k]knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than and is derived from specified 34 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 35 of 42 unlawful activity." A "monetary transaction" includes the "deposit, withdrawal, transfer or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument.. through, or to a financial institution." U.S.C. § 1957(f)(1). 106. For the purposes of 18 U.S.C. § 1957, the term "specified unlawful activity" includes the transportation, transmission, or transfer in interstate or foreign commerce of $5,000 or more in securities or money that is known by the defendant to have been stolen, converted, or taken by fraud in violation of U.S.C. § 107. For the purposes of 18 U.S.C. § 1957, the term "specified unlawful activity" also includes the receipt, possession, concealment, storage, sale, or disposal "of securities or money of a value of $5,000 or more," or the pledge or acceptance "as security for a loan any goods . . . or securities, of the value of $500 or more, which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken" in violation of 18 U.S.C. § 2315. 108. As set forth above, the following defendants rem constitute property involved in money laundering transactions and attempted money laundering transactions in violation of 18 U.S.C. § 1957, and therefore are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A): (a) All assets held in account number 80020796, in the name of Doraville Properties Corporation, at Deutsche Bank International, Limited in the Bailiwick of Jersey, and all interest, benefits, or assets traceable thereto; (b) All assets held in account number S-104460, in the name of Mohammed Sani, at HSBC Fund Administration (Jersey) Limited, and all interest, benefits, or assets traceable thereto; (c) All assets held in account number in the name of Standard Alliance Financial Services Limited at Banque SBA in Paris, and all interest, benefits, or assets traceable thereto; 35 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 All assets held in account number 223405880IUSD, in the name of Rayville International at Banque SBA in Paris, and all interest, benefits, or assets traceable thereto; All assets held in account numbers 100130688 and 100138409, in the name of Mecosta Securities, at Standard Bank in London, and all interest, benefits, or assets traceable thereto; All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at J.O. Hambro Investment Management Limited, and all interest, benefits, or assets traceable thereto; All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at J.O. Hambro Investment Management Limited, and all interest, benefits, or assets traceable thereto; All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at James Hambro & Partners LLP, and all interest, benefits, or assets traceable thereto; and All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at James Hambro & Partners LLP, and all interest, benefits, or assets traceable thereto. SECOND CLAIM FOR FORFEITURE (18 U.S.C. § 981(a)(1)(A)) 109. Paragraphs 1-102, 104 and 105 are incorporated by reference as i f fully set forth herein. For purposes of 18 U.S.C. § 1957, "specified unlawful activity" is defined in U.S.C. § 1956(c)(7)(B)(iv) to include foreign offenses involving "the misappropriation, theft or embezzlement of public funds by or for the benefit of a public official." As set forth above, the following defendants in rem constitute property involved in money laundering transactions and attempted money laundering transactions in violation of 18 U.S.C. § 1957, and therefore are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A): 36 (e) (g) (i) Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 37 of 42 (a) All assets held in number 80020796, in the name of Doraville Properties Corporation, at Deutsche Bank International, Limited in the Bailiwick of Jersey, and all interest, benefits, or assets traceable thereto; (b) All assets held in account number in the name of Standard Alliance Financial Services Limited at Banque SBA in Paris, and all interest, benefits, or assets traceable thereto; (c) All assets held in account numbers 100130688 and 100138409, in the name of Mecosta Securities, at Standard Bank in London, and interest, benefits, or assets traceable thereto; (d) All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at J.O. Hambro Investment Management Limited, and all interest, benefits, or assets traceable thereto; (e) All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at J.O. Hambro Investment Management Limited, and all interest, benefits, or assets traceable thereto; (f) All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at James Hambro & Partners LLP, and all interest, benefits, or assets traceable thereto; and (g) All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at James Hambro & Partners LLP, and all interest, benefits, or assets traceable thereto. THIRD CLAIM FOR FORFEITURE (18 U.S.C. § 981 (a)(1)(A)) Paragraphs 1-102, 104, 105 -107 and are incorporated by reference as i f fully set forth herein. Title 18, United States Code, Section 1956(h) imposes a criminal penalty on any person who conspires to commit any offense defined in 18 U.S.C. § 1956 or 1957. 37 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 42 As set forth above, the following defendants in rem were involved in a conspiracy to commit money laundering transactions and attempted money laundering transactions in violation of 18 U.S.C. § 1956(h) and 1957, and therefore are subject to forfeiture pursuant to 18 U.S.C. 981(a)(1)(A): (a) All assets held in account number 80020796, in the name of Doraville Properties Corporation, at Deutsche Bank International, Limited in the Bailiwick of Jersey, and all interest, benefits, or assets traceable thereto; (b) All assets held in account number 04460, in the name of Mohammed Sani, at HSBC Fund Administration (Jersey) Limited, and all interest, benefits, or assets traceable thereto; (c) All assets held in account number 223405880IUSD, in the name of Rayville International at Banque SBA in Paris, and all interest, benefits, or assets traceable thereto; (d) All assets held in account number OPUSD, in the name of Standard Alliance Financial Services Limited at Banque SBA in Paris, and all interest, benefits, or assets traceable thereto; (e) All assets held in account numbers 100130688 and 100138409, in the name of Mecosta Securities, at Standard Bank in London, and all interest, benefits, or assets traceable thereto; (f) All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at J.O. Hambro Investment Management Limited, and all interest, benefits, or assets traceable thereto; (g) All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at J.O. Hambro Investment Management Limited, and all interest, benefits, or assets traceable thereto; (h) All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at James Hambro & Partners LLP, and all interest, benefits, or assets traceable thereto; and (i) All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, located at James Hambro & Partners LLP, and all interest, benefits, or assets traceable thereto. 38 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 39 of 42 FOURTH CLAIM FOR FORFEITURE (18 U.S.C. § 981(a)(1)(A)) Paragraphs 1-102, 104, 105 -107, and are incorporated by reference as if fully set forth herein. As set forth above, the following defendants in rem constitute property involved in money laundering transactions and attempted money laundering transactions, and were involved in a conspiracy to commit money laundering transactions and attempted money laundering transactions in violation of 18 U.S.C. § 1956(h) and 1957, and therefore are subject to forfeiture pursuant to U.S.C. § 981(a)(1)(A): (a) Doraville Properties Corporation, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto; (b) Mecosta Securities, Inc., a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto; (c) Rayville International, SA, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto; (d) Ridley Group Limited, a corporate entity registered in the British Virgin Islands, together with its assets and all property traceable thereto; and (e) Standard Alliance Financial Services Limited, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable FIFTH CLAIM FOR FORFEITURE (18 U.S.C. § 981(a)(1)(A)) Paragraphs 1-102, 104 and 105 are incorporated by reference as if fully set forth herein. For purposes of 18 U.S.C. § 1957, "specified unlawful activity" is defined in U.S.C. § 1956(c)(7)(B)(ii) to include foreign offenses involving extortion. 39 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 40 of 42 As set forth above, the following defendants in rem constitute property involved in money laundering transactions and attempted money laundering transactions in violation of 18 U.S.C. § 1957, and therefore are subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(A): (a) All assets held in account number in the name of Mohammed Sani at HSBC Bank and all interest, benefits, or assets traceable thereto; (b) All assets held in account number S-104460, in the name of Mohammed Sani, at HSBC Fund Administration (Jersey) Limited, and all interest, benefits, or assets traceable thereto; and (c) All assets held at HSBC Life (Europe) formerly held in account number 37060762 in the name of Mohammed Sani at Midland Life International Limited and all interest, benefits, or assets traceable thereto. 40 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 41 of 42 PRAYER FOR RELIEF WHEREFORE, Plaintiff requests that judgment be entered in its favor against the defendant properties; that pursuant to law, notice be provided to all interested parties to appear and show cause why the forfeiture should not be decreed; that the defendant properties be forfeited to the United States of America and delivered into its custody for disposition according to law; that the Plaintiff be awarded its costs and disbursements in this action; and for such and further relief as this Court may deem just and proper. Respectfully submitted, JAIKUMAR RAMASWAMY, CHIEF ASSET FORFEITURE AND MONEY LAUNDERING SECTION By: /s/ Elizabeth A. DANIEL H. CLAMAN Assistant Deputy Chief ELIZABETH A. ALOI Trial Attorney Asset Forfeiture and Money Laundering Section Criminal Division U.S. Department of Justice 1400 New York Avenue, NW, 10th Floor Washington, DC 20530 Tel: (202) 514-1263 Fax: (202)514-5522 Attorneys for Plaintiff UNITED STATES OF AMERICA 41 Case l:13-cv-01832-JDB Document 1 Filed 11/18/13 Page 42 of 42 VERIFICATION I , Debra LaPrevotte, am a Supervisory Special Agent of the Federal Bureau of Investigation (FBI) and a case agent assigned responsibility for this case. I have read the contents of the foregoing Verified Complaint for Forfeiture In Rem, and the statements contained therein are true to the best of my knowledge and belief, and I base my knowledge for this verification of the Complaint for Forfeiture In Rem on the following: (a) Information I have learned during, or been given by special agents of the FBI and other law enforcement officials who participated in the investigation of Nigerian General Ibrahim Abacha, Mohammed Abubakar Bagudu and other individuals engaged in illegal fraud schemes involving the Federal Republic of Nigeria and others; (b) My review of the interviews and testimony of various cooperating witnesses, my knowledge of other such interviews, relating to the investigation of General Sani Ibrahim Mohammed Abubakar Bagudu and other individuals engaged in illegal fraud schemes involving the Federal Republic of Nigeria; and (c) My experience in foreign corruption, fraud and embezzlement investigations, and the experience of other law enforcement officers related to foreign corruption, fraud, and embezzlement investigations. I declare under penalty of perjury as provided by 28 U.S.C. § 1746 that the foregoing is true and correct. Executed this day of November, Debra LaPrevotte Supervisory Special Agent Federal Bureau of Investigation 42 Case l:13-cv-01832-JDB Document 7-1 Filed 02/19/14 Page 1 of 6 ATTACHMENT A: SELECT EXCERPTS OF APPLICABLE NIGERIAN LAW Nigerian Criminal Code, Act CAP. 77 3 Offences against the Administration of Law and Justice and against Public Authority Chapter and Abuse of Office 98. (1) Any public official (as defined in section (a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person; or corruptly agrees to attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account (i) anything already done or omitted, or any favour or disfavour already shown to any person, by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which he is serving as a public official, or (ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of the felony of official corruption and is liable to imprisonment for seven years. * * * 98A. Any person (a) corruptly gives, confers or procures any property or benefit of any kind to, on or for a public official (as defined in section 98D) or to, on or for any other person; or (b) corruptly promises or offers to give or confer or to procure or attempt to procure any property or benefit of any kind to, on or for a public official or to, on or for any other person,on account of any such act, omission, favour or disfavour on the part of the public official as is mentioned in section 98(l)(i) or (ii), is guilty of the felony of official corruption and is liable to imprisonment for seven years. Any person Case l:13-cv-01832-JDB Document 7-1 Filed 02/19/14 Page 2 of 6 (a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person; or (b) corruptly agrees to attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account (i) anything already done or omitted, or any favour or disfavour already shown on the part of the public official (as defined in section in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation is mentioned in section 98(l)(i) or (ii), is guilty of the felony of official corruption or institution in which the public official is serving as such; or (ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by a public official in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of the felony of official corruption and is liable to imprisonment for seven years. * 98D. In sections 98 to 98B, "public official" means any person employed in public service (within the meaning of that expression as defined in section 1(1)) 99. (Extortion) Any person who, being employed in the public service, takes, Or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for three years. * * * 6 Offences Relating to Property and Contracts Division and Like Offenses Chapter Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen. (1) A person who fraudulently takes anything capable of being stolen, or fraudulently converts to his own use or to the use of any other person anything capable of being stolen, is said to steal that thing. Case l:13-cv-01832-JDB Document 7-1 Filed 02/19/14 Page 3 of 6 (2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently i f he does so with any of the following (a) an intent permanently to deprive the owner of the thing of it; (b) an intent permanently to deprive any person who has any special property in the thing of such property; (c) an intent to use the thing as a pledge or security; (d) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; (e) an intent to deal with in such a manner that it cannot be returned in the condition in which was at the time of the taking or conversion; (f) in the case of money, an intent to use at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner. The term "special property" includes any charge or lien upon the thing in question, and any right arising from or dependent upon holding possession of the thing in question, whether by the person entitled to such right or by some other person for his benefit. (3) The taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment. (4) In the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it. It is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of it, or is authorized to dispose of the property. * * * 390. Any person who steals anything capable of being stolen is guilty of a felony, and is liable, i f no other punishment is provided, to imprisonment, to imprisonment for three years. Punishment in Special Cases * * (5) If the offender is a person employed in the public service and the thing stolen is the property of the State, or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for seven years. Case l:13-cv-01832-JDB Document 7-1 Filed 02/19/14 6 Nigerian Penal Code Law CAP. 89 (1987) Chapter X - Offences By or Relating to Public Servants Whoever being or expecting to be a public servant accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification whatever whether pecuniary or otherwise, other than lawful remuneration, as a motive or (a) for doing or forbearing to do any official act; or (b) for showing or forbearing to show in the exercise of his official functions favour or disfavour to any person; or (c) for rendering or attempting to render any service or disservice to any person with any department of the public service or with any public servant as such, shall be (/) with imprisonment for a term which may extend to seven years or with or with both[.] Whoever accepts or obtains agrees to accept or attempts to obtain from any person for himself or for any other person any gratification whatever whether pecuniary or otherwise as a motive or reward for inducing by corrupt or illegal means any public (a) to do or forbear to do any official act; or (b) in the exercise of the official functions of such public servant to show favour or disfavour to any person; or (c) to render or attempt to render any service or disservice to any person with any department of the public service or with any public servant as such, shall be punished with imprisonment for a term which may extend to three years or with fine or with both[.] Whoever being a public servant, in respect of whom an offence under section is committed, abets the offence, shall be punished with imprisonment for a term which may extend to three years or with or both. * * Chapter XIX - Offences Against Property Theft 286. Whoever intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to take it is said to commit theft. Case Document 7-1 Filed 02/19/14 6 287. Whoever commits theft shall be punished with imprisonment which may extend to years or with or with both. * Criminal 308. Whoever dishonestly misappropriates or converts to his own use any movable property, commits criminal misappropriation. 309. Whoever commits theft shall be punished with imprisonment which may extend to two years or with or with both. * * Criminal Breach of Trust Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in of an direction of law prescribing the mode in which such trust is to be discharged or of any legal contract express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. 312. Whoever commits theft shall be punished with imprisonment which may extend to seven years or with fine or with both. * Receiving Stolen Property Property, the possession whereof has been transferred by theft or by extortion or by robbery, and property, which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is stolen property, whether the transfer has been made or misappropriation of breach of trust has been committed within the Northern States or elsewhere[.] Whoever dishonestly receives or retains any stolen property knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment for a term which may extend to fourteen years or with fine or with both. * Case l:13-cv-01832-JDB Document 7-1 Filed 02/19/14 Page 6 of 6 Whoever voluntarily assists in concealing or disposing of or making away with property which he knows to be stolen property, shall be punished with imprisonment for a term which may extend to years or with or with both.