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Archive for the tag “Michael Cohen”

Skeet Skeet Skeet Part 11: [Proposed] Order Granting Praintiff Stephanie Clifford’s Notice of Motion and Motion for Reconsideration in part of Order Imposing Stay (24.05.2018)

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USA: House of Representatives – Commitee on Financial Services letter to Mnuchin “on the missing SARs documents from Trump Campaign Officials” (18.05.2018)

Cohen in a Trumpian Crisis!

A couple of very bad ones came out and it’s called pay-for-play and some of these were really, really bad — and illegal. If it’s true, it’s illegal. You’re paying and you’re getting things” Donald J. Trump (August 2016)

Michael Cohen, the personal lawyer and attorney for the President Donald J. Trump is in a sea of trouble. If he ever thought he was in it, he is now, it isn’t enough that his hotel-room, his home and office was raided by the FBI, by agents sent by the Southern District of New York (SDNY). Therefore, the Special Counsel Robert Mueller are looking through the evidence and the findings, as the collecting of building a great case is going-on. Cohen and his clients should worry, that being Boidy, Hannity and Trump.

That is evident now, as the revelations are coming, the documentations are showing the reality of the dealing of the attorney. The personal attorney of Trump, Cohen has used his position as the closest partner of the President done business agreements to secure help for corporations, like AT&T, Columbus Nova & Novartis. All paid for him being their business consultant, however, what sort of insider deals he could offer them is questionable. If you ever wondered what money does in politics. This is the reason why you try to disconnect that. Since Cohen was paid by these companies to serve their interests. By being the middle-man to the President.

These deals was done early in the start of the Trump Administration, to secure their interests. None of these companies would have paid Cohen, his company Essential Consultants LLC or anything else for services, unless they would be rendered. This is clearly money under table to secure needed help and change from the government, if that was being Columbus Nova, whose used the connection to try to get Russian Sanctions gone, while AT&T wanted to lobby their merger deal with Time Warner. Clearly, the last one will be soured by this, but the Russian sanctions will be on standby, as this government are not wishing to follow a collective Congress to add on more sanctions on the Russian Federation.

However, you can wonder what the pharmacy company Novatis would get out of this, and if the big-pharmaceutical company would get anything out of hiring Cohen. Unless, it would to secure that the government wouldn’t stop the high prices and the lack of oversight, concerning the opioid crisis in the Republic. Then I would understand why the Administration has lacked any courage to find any real remedy, as the striking epidemic isn’t battled head-on.

Cohen, has been using a system that is well-known, that Trump himself attacked Clinton’s for, which is called pay-for-play. Where you pay for services and that gets delivered by someone as an elected official. This is what is now evident with the Trump Administration, as they have used Essential Consultation and Cohen to get deals and agreements to figure out ways to get their needed itch scratched. If that was a merger, lacking Russian sanctions or even keeping the opioid crisis at steady levels. Because of all of this is good for business. So Cohen and Trump get funds and the companies get possible vast fortunes by the political help.

That the AT&T calls it a big-mistake today, is just shambolic, they wouldn’t have disclosed this or said anything unless several investigations into the Presidency and his men wouldn’t have been a thing. That Cohen and Russian Probe is going on, that the Stormy Daniels are appearing and even the start of the fall of Attorney General Eric Schneiderman, which is also for some reason connected to Cohen. Who knows what sort of mess Cohen has not involved himself into.

Cohen is at a stormy sea, that is not only Avenatti who relentlessly finds ways to undress the king and his loyal servant. However, this will not go on forever, even as the madness of the problematic connections and inside dealings that Cohen has been involved in. We don’t know how much he has done and how much he taken from these companies. Not even knowing how much of the cut the President has taken. Because the greed of Trump is known and he has no scruples. That is why he has billed foundations and charity events at his Golf Courses to high-rates, because he only cares about the buck, not the people.

Cohen knows this, it is clearly, that the companies that has now been connected with Essential Consultant LLC will regret it. I called them the New York Gang when they came into power and don’t regret today, because the Trump Administration has been the most corrupt in modern history. The misuse of funds, the use of lobbyist for favors in the cabinet, by members, that even Representatives are making acts against using government planes for private travels. That shows the disregard of the use of public funds for private pleasure, that is if travel to Disney Land, Fort Knox or anywhere else, buying exclusive kitchen-wear or even securing all phone-calls in a specialized phone booths. This isn’t from a novel, but the reality of the Trump Administration. Therefore, that his personal lawyer and close associate Cohen would use the trick of “pay to play” isn’t that surprising, as the whole model of this government. Is that donors and PACs are steering the agenda, economically and also policy wise. Therefore, they are awaiting returns on their investment, in this instance their aren’t, but in others they have gotten points on their dollars.

Michael Cohen is in a massive storm, the sea is still vicious and if he will come easily to the harbor, that is unknown. What we do know, is that as the investigations goes on. His fate is uncertain. Cohen cannot say this is a easy wind and will go away quickly. That is far from true, because he had to have something profound in his capacity for the SDNY to raid his offices. They wouldn’t do that if he didn’t have something they couldn’t get otherwise.

Cohen, Trump will not save you, he will only save himself. You are in big, big, big trouble. In big cases running in different states for various of reasons. They will not just go away.

Even your boss said what you did is illegal, so you knew what your were doing. He did too and he accepted it. Because it was easy money. Peace.

Skeet Skeet Skeet Part 9: Project Sunlight – Executive Summary (08.05.2018)

Skeet Skeet Skeet Part 8: Defamation Suit against President Trump!

Slander is the revenge of a coward, and dissimulation of his defense” Samuel Johnson

This story just continue to blow into the face of the President. Surely the minutes spent with Stormy Daniels aka Stephanie Clifford must really feel like a blow-job today. Because nothing can feel lie headache as this is. The attorney for Stormy Daniels is really a renegade fighter, whose not letting the chips fall down and give space for the President. Donald J. Trump has again created trouble for himself.

What so powerful is that Twitter Account of the President is used against him. It is really something else, that his own unhinged narratives and trying to steer the airways are now hitting him wrong in the halls of justice. That is really priceless, that a man so off the hook with no bounds of slander or hearsay, that usually get away with anything. Now has met his match, an Attorney who clearly knows how to hold himself and also get the worst out of the President.

This here is quoted from the document today:

20. Ms. Clifford has suffered damage as a result of Mr. Trump’s false and defamatory statement in an amount to be proven at trial but in excess of $75,000” (…) “21. Plaintiff restates and re-alleges each and every allegation in Paragraphs 1 through 20 above as if fully set forth herein. 22. On or about April 18, 2018, Mr. Trump made the above mentioned false statement regarding Ms. Clifford, her account of the 2011 threatening incident, and the sketch of the man who threatened her: “A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!” 23. Mr. Trump’s statement was made in writing online and released by Mr. Trump with the intent that it be widely disseminated and repeated. Indeed, Mr. Trump knows that his personal Twitter account has an audience of over 50 million followers and that the Twitter post would be repeated and reported upon by other news and media outlets online, in print, and on television and radio” (…) “Moreover, by calling the incident a “con job” Mr. Trump’s statement would be understood to state that Ms. Clifford was fabricating the crime and the existence of the assailant, both of which are prohibited under New York law, as well as the law of numerous other states” (…) “In making the defamatory statement identified herein, Mr. Trump acted with malice, oppression, or fraud, and is thus responsible for punitive damages in an amount to be proven at trial according to proof” (Michael J. Avenatti – ‘Case 1:18-cv-03842 Document 1 Filed 04/30/18’).

This here is really a smart move, as the judge already put the other trial on hold for 90 days, as the raid on Attorney Michael Cohen and his evidence are been looked at. This is a way to keep her case going and also pushing for other trials, to really glue the President within the chambers of law. Even if it get dismissed, they are clearly showing power and cleverness to pull in the President. As he cannot just say whatever, without being accountable to the law. Since he says whatever to get away with lies and deception.

Therefore, Avenatti deserves credit for this move. It would be a patch of hurt, if the damages would be paid, but the former Porn-Star are now key plaintiff against the President. She did really well hiring this lawyer. Clearly, he got game and there is nothing stopping him. That is why this suit of the President is interesting. The Mueller investigation is of larger scale and more vital to the Republic, however, this is more damaging for the President’s ego. Peace.

Russia Probe: The Raid of Attorney Cohen Office shows the importance of the investigation.

That Michael Cohen, the Personal Attorney to the United States President Donald J. Trump, feels violated is natural, that Trump feels bad about it too. That is also all natural, they don’t want the republic to know their dirty work, neither the Tax-Returns or anything else that the Trump Organization has tried to keep a secret. The Russian Probe is going into major field, with the raid of the personal lawyer of Trump.

The indictments of the past year and the plea agreements will fellow former Trump Aides are important, as the Special Counsel Robert Mueller Investigation is building a solid case to bring to court, not just circumstantial evidence, but proof of unlawful behavior by the Trump Campaign and the Trump Organization. That will now be exposed as the Trump Lawyer has been raided after Search Warrant was issued from the Southern District of New York (SDNY).

That Cohen feels under fire is to be expected, as he has tried to get his own stuff review and evaluated for the prospects of standing charged in court. So he knows what documents the state does have or not. The SDNY has dismissed this as a way of stalling the investigation. Yet another proof, that the Trump Lawyer and Trump Organization haven’t been that transparent. That they ones investigated haven’t delivered the complied documents and communications, since the state saw it necessary to raid his office, hotel and electronic devices.

The good thing with it all, was that the Court denied the Motion of Cohen, so that the SDNY can look into the Stormy Daniels situation and all the other running court cases that is in the making. Even copy and file the evidence that can be used by the Russian Probe. This was hitting the heart of the Trumpland. A place that the President cannot touch right now, unless he wants to further obstruct justice to save his own face for a minute.

The New York Gang which has resides in the Trump Tower in Manhattan should worry. As Paul Manafort, Richard Gates, Michael Flynn, Carter Paige, George Papadopoulos and Alex Van Der Zwaan. The list goes on people who has been connected with Russia and many been indicted. The likes of Gates, Flynn and Papadopoulos have already a plea deal and collaborate with the investigation. While Manafort and Van Der Zwaan are still deep in the spotlight as the investigation goes further.

If Donald Trump Junior goes on Fox News and calls it a ‘Nothing Burger’ now, he certainly doesn’t know what nothing looks like. Unlike he talking about the nothing of marriages that has gone bonkers. Well, that was a sidetrack, but the New York Gang is feeling the pressure, the President continues to pound on it all. Claim witch-hunt and attack the FBI who are conducting the investigation. That must be, because the basis of investigation and the levels of knowledge of the operations from the Trump Organization, the Trump Tower and the Trump Campaign is coming into full-play.

That the Trump’s should fear this, they should, because who knows what sort of details and transactions, what sort of communications Cohen has kept on his devices. What was striking in the documents delivered to the court was this quote: “The searches are the result of a months-long investigation into Cohen, and seek evidence of crimes, many of which have nothing to do with his work as an attorney, but rather related to Cohen’s own business dealings”. We can just imagine what they can be, but that means the indications and the proof of shady deals and such is already in the works. So that the FBI could secure a Warrant to cease documents and raid his offices and hotel.

This is far from over, the stories will be coming, the New York Gang doesn’t sleep, but the net around them is getting closer to the boss on the top. More and more people are connected and the net is catching more evidence on the way. We will know for sure, but the Mueller Investigation will shed light into darkness, show what can be proof of evidence of criminal activity by the gang.

The New York Gang should fear this and they are, if not, the President wouldn’t be so furious and mad on Twitter and in statements. We just have to see how this continues. But the ones saying this is nothing, is lying to you. The state wouldn’t raid an Attorney’s Office without anything suspicious activity, that had to be sealed by the justice in Court before it was issued. Therefore, the many of his own business deals can be seen as questionable, also as the Attorney for the President and his own company. That is why the Cohen raid shows how much evidence the state has now on the Trump Organization and even on the Trump Campaign. Peace.

Skeet Skeet Skeet Part 7: Statement from Stephen Ryan, Attorney for Michael Cohen (09.04.2018)

DRC: A Report published today says Getler’s Mineral Royalties daily is the double of Messi’s salary!

Again, the investor and mineral licensing powerhouse in the Democratic Republic Congo, Dan Gertler is even more under fire after the revelations of his illicit trade during the recent years. Now, the formula and the amount of cash he gets from the foreign mineral extraction companies are paying for their passage to him. This as the deals between Getler and Kinshasa authorities are left in the dark. Whatever deal they have, certainly Getler is earning fortunes without doing more, than being connected to the Joseph Kabila government.

This report shows important facts and also bring certainties of the assumed fortunes made by Gertler, even as he is sanctioned and his corporations. Clearly, the mineral extraction is profitable in the midst of insecurity and civilian despair in the republic. While the businesses and the affiliates are eating, the public are fleeing militias and the army itself. The state is not serving the public, but the companies and the persons who has secret deals with the government. It is vicious and the international community let them, even as it is sanctioned, the acts are still appearing and has the ability to earn on it.

Based on a number of assumptions, Resource Matters estimates the royalties to the Gertler-affiliated companies can be expected to amount to about $110 million for 2018 and nearly $100 million for 2019. This means that Gertler risks losing about $270,000 in revenue from Glencore’s operations per day. That is nearly twice as much as the world’s best paid soccer player, Lionel Messi, makes at Barcelona” (Resource Matters, P: 6, 2018).

Glencore therefore has to balance the risk of increased pressure in Congo versus the risk of ending up on the U.S. sanctions list. This means that the royalty payments constitute a significant risk, whether they stop or continue. Investors should be able to know how Glencore will deal with this going forward. U.K anti-corruption organization Global Witness has repeatedly lamented the opacity of Glencore’s royalty payments to Gertler’s companies and called for better disclosure” (Resource Matters, P: 8, 2018).

This conclusion was somewhat hasty. Gertler’s gold companies do not explicitly feature on the sanctions list, but that in itself does not matter. Under the U.S. Treasury’s so-called 50%-rule, any company owned at least 50% by a sanctioned entity is considered, per se, sanctioned because it is deemed to be “blocked property” of the sanctioned person. Both Moku Goldmines and Société Minière de Moku-Beverendi are at least 50% owned by Fleurette, a sanctioned entity, and should be considered sanctioned, too. In addition, the fact that no payments are made to Gertler does not shield Randgold from the risk of being sanctioned. The U.S. Treasury could qualify Randgold’s exploration activities at Moku-Beverendi as ‘material support’ to a sanctioned entity and impose sanctions on Randgold” (Resource Matters, P: 9, 2018).

Gertler might be in hot-water and the Kabila government might have decisions to make concerning their alliance. Still, the trades and contracts has been made, if the Kabila government suspend and revoke it, they might have to pay a settlement. While wait for a new company or middle-man to secure a grand deal for the licensing. We can question if the loyalty will be there, as long as the sanctions might hit the companies who works with Gertler. Because, they do not want to lose the profitable and secure delivery of the cobalt and other minerals in the Republic.

Surely, Getler don’t want to miss his winning ways and his double earnings of Messi. He want it and doesn’t care about how. Getler just continue to score and get contracts, which makes his giant fortune. It is by the blessing of his connections in Kinshasa. Peace.

Reference:

Resource Matters – ‘The Global Magnitsky – Effect How will U.S. sanctions against Israeli billionaire Dan Gertler affect the DR Congo’s extractive sector?” (February 2018).

Och-Ziff Company and subsidiaries implicated in bribing Guinean, Zimbabwean and Congolese Authorities to get favourable business operations in these nations, Raid January 2017 report claims!

guinea-mining

“The Home Secretary, Amber Rudd, at the FCA’s 2016 Financial Crime Conference, stated:15 ‘The UK is attractive to criminals and corrupt kleptocrats who steal billions from their own people, often some of the poorest people in the world.’ The Home Secretary concluded: ‘If…we develop world leading legislation to combat financial crime whilst continuing to develop the capabilities of our law enforcement agencies, then we will reduce the flow of dirty money into the City….’” (RAID, P: 14, 2017).

Well, this is not the first or the last time we will discuss mineral-resources and the extractions of these to gain quick profits, either in sophisticated ways of administrative affairs between the ones the licence the operations to the company, which usually is government officials who are pocketed by subsidiaries if multi-national corporations; this is happening in the Democratic Republic of Congo, Zimbabwe and Guinea. As showed in the RAID report of January 2017: “Bribery in its purest form”; that I will uncover certain parts of to show the apparent companies and holding-companies that are owning and operating in the these countries by bribing officials to export minerals. They get ownership of giant mines and resources from these nations as they are licenced after favourable transactions for the governments, as they are kept bribed to uphold production as well.

This happening in nations that are sanctioned and has sanctioned persons that should stop these transactions and licences of United Kingdom and United States corporations, even if they have shell-companies and official headquarters in Tax-Havens that proves the ability of extracting the massive fortunes in these minerals, without proper transparency in the nation they operate with their mining operation.

I think the report should speak for itself and should be publically known to show how they are able to take the monies, profit and also bribing the officials without any consequences, even when the nations of Zimbabwe and DRC had sanctions against it; still the His Majesty Treasury of United Kingdom didn’t stop the transactions and trade with them. This proves that the UK Government doesn’t care about their own sanctions and how their businesses are operating without judgement and fear of getting fined for breaking laws to get rights and takeover mining operations in other countries.

Take a look! 

The review of mining licences that the Congolese government embarked on in 2007, which was supposed to clear up the murky legacy of wartime contracts, provided Och-Ziff and its collaborators with a golden opportunity to snap up valuable assets at knock-down prices. Working with the Congolese political elite, this group were able to exploit the threat of expropriation or revocation of mining permits to their own advantage. By 2014, according to Forbes Magazine, President Joseph Kabila had amassed an estimated personal fortune of US$15 billion in just over 13 years of power.xxiv In 2015, The Sunday Times Rich List estimated Michael Cohen’s wealth to be £335 million (US$500 million). Forbes puts Daniel Och’s (the founder and CEO of Och-Ziff) net worth at US$2.5 billion and Dan Gertler’s wealth at $1.18 billion. The DRC is one of the poorest and least developed nations in the world, ranked 176 out of 188 countries.xxv Almost 87% of its 69 million people live on less than $1.25 a day. Put another way, that $1.25 each day equates to $450 per year, and with life expectancy of 58 years, Och’s personal fortune would last the lifetimes of more than 95,000 Congolese at today’s values” (Raid, P: 10, 2017).

Och-Ziff subsidiaries:

“Mvela Holdings is incorporated in South Africa.31 Mvela Holdings is described in the Och-Ziff release as ‘a private investment company founded in 1998 by Tokyo Sexwale, Mikki Xayiya and Mark Willcox. It is the controlling shareholder of JSE-listed Mvelaphanda Group Ltd and has a significant interest in JSE-listed Mvelaphanda Resources Ltd. It has other substantial privately held interests in the mining, energy, real estate and various other industrial sectors in South Africa and Africa.’ It appears that Mvela did not ultimately participate directly in AML” (…) “Palladino Holdings is described as a private investment vehicle, founded in 2003 by Walter Hennig holding ‘a variety of significant mining, energy and other assets in Africa.’32 A company under the name Palladino Holdings Limited is registered in the UK, and recorded as originating in the Turks & Caicos Islands.33 Other market notifications that refer to Palladino Holdings Limited as a shareholder give an address for Palladino in the Turks & Caicos Islands.34 Palladino Capital 2 Limited, a closely-related Palladino subsidiary behind a controversial loan to the Guinea government (see below), is registered in the British Virgin Islands” (…) “Other than Och-Ziff employees, directors of Africa Management (UK) Limited include or have included, Walter Hennig (Palladino), Andre Cilliers (Palladino) and its chief executive Mark Willcox (also Chief Executive Officer of Mvela Holdings)” (Raid, P: 17, 2017).

Guinea agreement:

“Och-Ziff Employee A and Och-Ziff Employee B, along with the CEO of AML and South African Business Partner, conceived of a related-party transaction that would accomplish these goals….According to the deal documents, South African Business Partner was to buy 31.5 million shares in the oil and gas company from the South African conglomerate for $77 million and then immediately resell 18.5 million of those shares to AGC II for $77 million.…” (…) “Contrary to the deal documents…Och-Ziff Employee A and Och-Ziff Employee B knew that South African Business Partner would not pay the full $77 million to the South African conglomerate. South African Business Partner bought 31.5 million shares…for only $25 million, and then immediately resold 18.5 million shares in that same company to AGC II for $77 million, providing South African Business Partner with $52 million and an additional 13 million shares in the company. With the $52 million, South African Business Partner then paid $2.1 million to Och-Ziff to satisfy an outstanding debt relating to AGC I (in which the Investor had no interest), $25 million to the government of Guinea to try to secure access to valuable mining investments there, $1 million to the agent affiliated with the a high level Guinean government official and his family, and the remainder to personally benefit himself and his business partners” (RAID, P: 19, 2017).

Guinea 2011:

“In or about March 2011, a company controlled by Coconspirator #1 [‘the beneficial owner of the Turks & Caicos Entity’ ] entered into an agreement with the Guinean government, which gave the company the option to buy into the SOMC [‘Guinean state-owned mining company’]. On or about April 29, 2011, an affiliate of the Turks & Caicos Entity loaned the government of Guinea $25 million as part of a deal to become a partner in the SOMC. Coconspirator #1 raised the $25 million through a related-party stock sale to the Joint Venture. MEBIAME signed the loan document on behalf of the affiliate of the Turks & Caicos Entity. According to MEBJAME, the partnership with the SOMC ultimately did not go forward due to negative press accounts, which indicated that the deal between the Guinean government and Coconspirator #1 was corrupt” (…) “He [Alpha Condé] said that he agreed. So we made the loan, we signed the loan to Soguipami…,and so I was authorised to sign and make the transfer.’ Another exhibit – a witness statement, from a UK High Court case, made by the chief executive of a company advising BSGR – states:67 ‘funds were transferred to Alpha Condé by way of a recorded loan of $25million and further unrecorded transfers believed to be “much much more”….Alpha Condé attempted to reward his backers. He entered into an agreement known as the Palladino Contract, pursuant to which the provider of the $25million loan would, on default of the loan, become entitled to a 30% share in a new Guinean national mining company established by Alpha Condé.’ Other exhibits in the ICSID case refer to Walter Hennig and AGC” (RAID, P: 20, 2017).

DRC laundering of mining exports:

“Gertler’s use of London markets to launder DRC assets began with another AIM-traded entity, Nikanor plc. Nikanor plc was described as ‘the holding company of a Group with copper and cobalt assets in the DRC’. The company was incorporated and headquartered in the Isle of Man.87 On 17 July 2007, Nikanor was admitted to AIM” (…) “In the Nikanor admission document, reference is made to allegations that Dan Gertler ‘acquired a temporary monopoly on sales of diamonds from the DRC as a result of improper dealings with the Government of the DRC’.88 The Nikanor admission document concludes that: ‘These allegations do not relate to the Company [Nikanor], the Group or any of their activities. They concern Mr Gertler in his capacity as a shareholder.’ Yet it is stated under ‘risk factors’ in the admission document: ‘…each of the Major Shareholders will be able to exercise significant influence over all matters requiring shareholder approval, including the election of Directors and significant corporate transactions.’ Moreover, there is also a reference to how the group of Nikanor companies with mining assets in the DRC and ‘some of the Major Shareholders’ have been ‘subject to criticism from a number of NGOs’ which included lack of transparency in the process by which the assets were awarded, the absence of public tendering and a joint venture agreement ‘unreasonably favourable to the Group and that as a result Gécamines [the DRC’s state-owned mining company] has not received proper consideration for valuable assets with a resulting detrimental effect on the economy of the DRC”(RAID, P: 22 ,2017).

Another DRC Agreement – Camrose transaction:

“The DOJ refers to ‘a $124 million convertible loan through a subsidiary company and AGC to Company B, a DRC Partner-controlled shell entity, funded in or about and between April and October 2008 (the “Convertible Loan Agreement”)’.121 Under the heading ‘C. Corrupt Takeover of DRC Mining Company’” (…) “the SEC Order states: Also in April 2008, Och-Ziff caused AGC I to enter into an approximately $124 million convertible loan with a holding company affiliated with DRC Partner. The stated uses of these funds were threefold: first, to provide DRC Partner with approximately $15 million to purchase a Congolese entity that had acquired the rights to a valuable mining asset in the DRC (the longstanding asset of a Canadian mining company) through an ex parte default judgment in the DRC that resulted in judicial misconduct proceedings; second, to provide DRC Partner with approximately $100 million to purchase a majority stake in that Canadian mining company in exchange for resolving its legal issues; and third, to advance an additional $9 million to be used for future mining operations in the DRC” (RAID, P: 26, 2017). “The transaction gave Och-Ziff control over what assets could be bought or sold by the entity, equity conversion rights into DRC Partner’s entity, a pledged interest in the shares of the Congolese entity, and a right to future deals with DRC Partner in the DRC. Moreover, the transaction gave DRC Partner complete discretion over how to use approximately $24 million of the funds provided by Och-Ziff. Further, Och-Ziff understood this transaction was part of a broader, ongoing partnership with DRC Partner. Finally, both Och-Ziff Employee A and Och-Ziff Employee B knew that DRC Partner was going to use a portion of the funds to pay bribes, and knew that the transaction was structured to accomplish that goal. This knowledge was not shared with others within Och-Ziff or with outside counsel” (RAID, P: 27, 2017).

drc-business

Camrose II:

“A 50% interest in Société Minière de Kabolela et Kipese Sprl (‘SMKK’) was acquired on 9 November 2009 as part of the CAMEC acquisition….In 2009 the Group acquired an option, for a cash consideration of US$25 million, to purchase the outstanding 50% of the issued share capital of SMKK by acquiring the entire issued share capital of Emerald Star Enterprises Limited (‘ESEL’), (an entity controlled by the Gertler family trust), the owner of the outstanding 50% of SMKK. The Group exercised this option and the acquisition of ESEL was effectively completed and control obtained by the Group in June 2010. The total cash consideration in respect of the outstanding SMKK shares, inclusive of the US$25 million option, amounted to US$75 million” (…) “Throughout the period of DRC Partner’s acquisition of Kolwezi Tailings and SMKK, DRC Partner continued to make corrupt payments to DRC Official 2. For example, on or about December 23, 2009, DRC Partner delivered $1 million to DRC Official 2; on or about January 5, 2010, DRC Partner delivered $2 million to DRC Official 2” (…) “On or about August 20, 2010, Mining Company 1 acquired 50.5 percent of Company B. Mining Company I agreed to pay up to $575 million over two years, including $50 million in cash. Och-Ziff Employee 3 and Och-Ziff Employee 5 were informed by a co-conspirator that the $50 million was for DRC Partner to “use on the ground” to corruptly acquire Kolwezi Tailings. As part of the deal, Mining Company 1 guaranteed repayment of the Convertible Loan Agreement through a novation of the loan” (RAID, P: 30-31, 2017).

Camrose Resources Limited, BVI company number: 1055983, incorporated in the British Virgin Islands on 9 October 2006. “ (…) ”124 According to the company website: ‘The Fleurette Group is comprised of various businesses organized under Fleurette Properties Ltd., a company established in 2006 for the benefit of the Gertler Family Trust.’ (<http://fleurettegroup.com/&gt;). A press release attributed to Fleurette Properties Limited states: ‘The Fleurette Group of Companies is a Dutch-resident group of companies whose primary activities are the investment in, exploration, exploitation and development of mining assets in Africa. The parent company of the group is called Fleurette Properties Limited, which is owned by Line Trust Corporation Limited strictly and solely on behalf of the Ashdale Settlement, a trust established in 2006 for the benefit of the family of Dan Gertler.’” (RAID, P: 58, 2017).

“Camrose is described as holding indirect interests in five copper and cobalt exploitation licences in DRC, including a 70% interest, via the Highwind Group, in Metalkol Sarl, which ENRC states as owning ‘the tailings exploitation licence covering the Kolwezi Tailings Site (otherwise known as the Kingamyambo Musonoi Tailings, or “KMT”) (PER 652)’. See ENRC plc, ‘Acquisition of 50.5% of the Shares of Camrose Resources Limited’, op. cit” (RAID, P: 59, 2017).

UK gives Concent to Camrose transaction:

“Consent for the Camrose transaction was therefore sought from the UK authorities, consent that was clearly forthcoming. ENRC sought to prevent publication of media reports relating to the SAR: 101Reporters has published not only the SAR, but also the letter it received from ENRC’s lawyers, which stated: ‘you will respect the public interest in maintaining the confidentiality in SARs and remove that aspect from your article.’” (RAID, P: 33, 2017). “There is a permissive pathway by which mines and minerals from zones of conflict and weak governance are transferred to companies trading on AIM who, in turn, through a process of acquisition, transfer these tainted assets to companies in the premium segment of the main market. This process can only be described as asset laundering. Certain of ENRC’s Congolese and Zimbabwean assets, at the heart of the SFO criminal investigation, were derived from the acquisition of AIM-traded Central African Mining and Exploration Company Limited (CAMEC), which was allowed to flourish unchecked on the junior market, despite a myriad of compliance issues that have never been addressed by AIM Regulation” (RAID, P: 34, 2017).

zim-platinum

Zimbabwe Platinum deal:

“On 11 April 2008, CAMEC announced the acquisition of an interest in platinum mining assets in Zimbabwe via its acquisition of 100% of Lefever Finance Ltd, registered in the British Virgin Islands.209 Lefever owned 60% of Todal Mining (Private) Limited, a Zimbabwean company, which held the rights to the Bougai and Kironde claims south west of the city of Gweru in Zimbabwe. 210 The remaining 40% of Todal was held by the Zimbabwe Mining Development Corporation (‘ZMDC’), wholly owned by the Government of Zimbabwe” (…) “…The consideration paid for Lefever was a cash payment of US$5 million and the issue of 215,000,000 new CAMEC ordinary shares. CAMEC’s announcement of the acquisition stated:211 ‘Furthermore, CAMEC has agreed to advance to Lefever an amount of US$100 million by way of loan to enable Lefever to comply with its contractual obligations to the Government of the Republic of Zimbabwe. Repayment to Lefever is to be made from the ZMDC’s share of dividends from Todal.’” (…) “According to the company’s own 11 April news release announcing the Zimbabwean platinum deal, CAMEC advanced the $100 million loan to Lefever to enable it ‘to comply with its contractual obligations to the Government of the Republic of Zimbabwe “ (PAID, P: 38, 2017).

“Och-Ziff had control over divesting from CAMEC after the platinum deal was announced (Mugabe and senior Zimbabwean government figures were already designated under US sanctions) or after the designation of both the Zimbabwe Mining Development Corporation (ZMDC – CAMEC’s state-controlled partner in the platinum venture) and Billy Rautenbach, later described by the US as a ‘Mugabe crony’. Och-Ziff, however, held onto its CAMEC shares into 2009, selling its remaining holding only when ENRC acquired CAMEC in November of that year” (RAID, P: 41, 2017).

Important Notes:

Africa Management is referred to in the Memorandum of Association of Camrose Resources: ‘…Africa Management Limited, a company incorporated in Guernsey with registered number 47651 and whose registered office is at Ogier House, St Julian’s Avenue, St. Peter Port.’ (See Memorandum and Articles of Association of Camrose Resources Limited, Incorporated 9 October 2006, Amendment registered in this 20th day of November 2008, Memorandum of Association, 10 Definitions and Interpretation, 10.1, “Africa Management Limited”)” (RAID, P: 55, 2017).

Mail&Guardian graphic about how Tokyo Sexwale investing in Gertler corporations.

Mail&Guardian graphic about how Tokyo Sexwale investing in Gertler corporations.

That this company Och-Ziff and their subsidiaries are handling their business in this way is not acceptable, the way they are catering to corrupt government officials and stifling the citizens of the nations they are earing fortunes. These corporate-stooges are writing-off dozens of nations desirable taxes and regulated levies on businesses. As they are bribing both high-level like Alphe Conde who accepts the deals in Guinea, as well as friends of Joseph Kabila in Democratic Republic of Congo, even getting Tokyo Sexwale the former minister of ANC in South Africa to be parts of their network. These levels of bribing and usage of political connection to get resources and takeover companies with ownership of licences of profitable mines, proves the graft and bribe that occurs to secure extravagant luxury for the government officials that are accepting these deals.

The Och-Ziff are using these subsidiaries and corporations to money laundering or tax-exempt them to gain more profits on the mining in the nations. Certainly done with the leadership knowledge and showed their employee tactics to bribe and secure the transactions and ownership of profitable mines. That is certainly the reason for these sophisticated business-models, that enrichen the corporate leadership and gives government officials giant envelopes to give away nations vital resources. These well-planned well-crafted companies that uses all kind of loopholes and ways to escape the punishment for their breaching of international and national law to salvage as much profit as possible.

The long-term effect is certainly that the Guinean, Congolese and Zimbabwean government get less tax on the dollar as the corporate leadership pays them directly a smaller fee, than actually paying the legitimate taxation for their operation and their owned businesses. These actions shouldn’t be in the wind, it should be in the public and be addressed, even send the corporate leadership and government officials should answer to the public thievery as the minerals are taken without proper legal rights because of the fraud, secondly the corporate and the government officials are implicated in the thievery and should be sanctioned by courts and under the rule of law. Third the corporations themselves should lose the licence and the mining operations as they got them without proper procedure and there is invalid. They should also be fined and get banned from working in this nations or the corporations with these corporate bosses that are acting for them to gain this default destructive profits. Peace.

Reference:

Rights and Accountability in Development (RAID) – ‘‘Bribery in its purest form’: Och-Ziff, asset laundering and the London connection’ January 2017

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