Third Financial Piracy Suit Filed Against the Seychelles, According to Hofheimer Gartlir & Gross LLP
March 03, 2011 06:00 AM Eastern Time
Complaint Alleges Over 100 Cases of Seychelles’ Seizure of Funds Without Justification, While Accepting IMF Loans and Help from The African Development Bank and Devastating the Nation’s Offshore Banking Industry
NEW YORK--(BUSINESS WIRE)--Two Companies, Cooperhill Investments Limited and Kazou BV, recently filed a lawsuit in the United States District Court for the Southern District of New York seeking to recover $10.8 million that the companies allege the Republic of Seychelles illegally seized from them in 2010. As alleged in the complaint, this seizure is the latest in a campaign of financial piracy by the Republic of Seychelles, which has seized over 100 bank accounts of foreign individuals and companies since 2008. Following a consistent pattern of behavior that has been exposed in two previous lawsuits alleging financial piracy, the Seychelles’ Financial Intelligence Unit (FIU), who took the money, has offered no explanation at all for its seizure of the assets. One of these prior lawsuits, according to the Complaint, alleged that Seychelles even kidnapped foreign nationals, threatened them with false drug charges and harassed a teenage girl to meet its goal of stealing money from the plaintiffs in that case.
The Complaint alleges that this program of state-sponsored financial piracy is being undertaken by the Republic of Seychelles in order to rebuild its foreign reserves as the result of an acute financial crisis stemming to 2008. Furthermore, as the Complaint pleads, Seychelles is obtaining financial assistance from both the International Monetary Fund (IMF) and the African Development Bank, while, at the same time, stealing money from Seychelles’ banking customers. This conduct, the Complaint alleges, is consistent with findings of the U.S. State Department that Seychelles officials sometimes engaged in corrupt practices with impunity.
As alleged in the Complaint, in this most recent example of financial piracy, a BMI Bank manager lured Cooperhill’s patronage from another bank and then helped the FIU illegally take Cooperhill’s funds. The Complaint also alleges that BMI Bank then helped the FIU actually increase the amount of money in the account by surreptitiously blocking withdrawals while at the same time allowing numerous further deposits. The Complaint further alleges that Barclays Bank, as it has done in the past, conspired with the FIU to illegally seize Kazou’s funds. To accomplish this goal, the Complaint alleges, Barclays Bank stalled and asked unnecessary questions in order to prevent funds from transferring out of the account. The net effect, according to the Complaint, was that Barclays helped the FIU to grow the funds that it stole.
Craig Weiner, Esq. of Hofheimer, Gartlir, Gross, LLP, a New York based law firm and lead counsel for the plaintiffs stated: “Few people would believe that in this day and age that their bank assets could be seized by a foreign government without regard to due process of law, banking regulation, or standard business practice. Our complaint alleges that this very condition has existed since at least 2008 in the Seychelles, and we strongly advise investors to be wary of depositing any assets there for that very reason."
The Complaint also pleads that the FIU carried out their illegal actions at the direction of Irish nationals Barry Galvin, Liam Hogan, Declan Barber and Joe Cully (aka Niall Scully), who act as subcontractors to Seychelles, and each have been individually named in prior lawsuit(s) and in this recent Complaint. According to the complaint, Galvin and Hogan are former members of the Irish national police force and secret police and Barber and Cully were members of a secret Irish military unit. According to the Complaint, these rogue subcontractors reportedly receive substantial commissions based on the amount of funds they seize and are compensated far in excess of their Seychelles counterparts, which according to the Seychelles press has resulted in significant discord.
The Complaint alleges that the Seychelles government has continued its policy of financial piracy, even in the face of heightened scrutiny from the prior lawsuits and media attention. This time, as alleged in the Complaint, Seychelles has not even bothered to offer an excuse for why its agents have stolen the funds -- it merely took the money.
Clients are represented by Craig Weiner at Hofheimer, Gartlir, Gross and Avi Pawar in the UK.
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45 comments:
I think the people of Seychelles now better understand why Pp is a criminal organization and the damage it is doing on our country's reputation abroad.This is why it is a"MUST" that we oust Pp out of power and free our institutions form the illegal controlled by foriegners.
For that reason among others we must boycott the coming election and take into th streets to get those thugs out and stop them from using our institutions to conduct their criminal activities.
Sesel pou Seselwa
Jeanne D'Arc
Corrupt,liars,disgusting human beings who are greedy beyond belief. This has got to stop now
Now you know why FDI went from projected $2 Billion in 2009 to $ projected $125Million in 2011.
Most of the $125 Million if not all is Shiek Khalifa's house and infrastructure to keep him here, while he hides out from Iran.
Frank Hoareau at BMI was solicited by James Michel for the job. He is brother of Meana Hoareau (Michel), married to Michel's son.
So there you have a convenient situation. Michel controls FIU and Frank runs the BMI accounts.
With a fe contacts at Barclays, and a little pressure to cook it all up. Puff!
A formula for MAGIC, and money disappears by being siezed a third time?
SESEL POU SESELWA!
It is to be noted that Frank Hoareau is also the nephew of Marguerite Mancienne, the wife of Roger Mancienne, the editor of Regar and SNP Secretary General. It is not surprising therefore that Regar/SNP does not write/ speak about those things.
Pp has turned the country^s institutions into a family business.No one expect SnP to publicly criticize or publish, anything about it,afterall it is an integrate part of PP.
Jeanne D'Arc
It is then also to be noted that pretty much neither SNP or PL can be trusted. Beze alors.
Here we are talking of coming out in the street to oust james Michel and his clowns on the eve of a presidential election. Let's use the democratic avenues at our disposal to elect a new government. I don't care whether Boulle, Wavel or Christopher Gill forms the next government. As long as it is not James michel and PL
Beze Alors,
We already BEZE thirty- four years of pp communism had left traces,;we bankrupted,we the smallest country with the biggest debts in the world and that becuase of communist Michel mis-management and greed.We refuse to be rule any longer by an anti-Seychellois and conspirator.
Michel must go and that as soon as possible(before this coming election) else we will force him out by taking into the streets all over the country.We will show Michel and its collaborators the power of the people.
Jeanne DÂrc
We need details of the FIU's 100 siezures alleged in the article.
Christopher Gill
Someone murders 3 people or 100 people.
Has no relevance the numbers involved,they are still a murderer when all said and done.
3 accounts stolen from or 100 accounts.
10,000$ or 100 million dollars.
Absolutely irrelevant.
It still makes them liars,thieves and pirates.
Disgusting,corrupt animals.
Each and everyone of us is responsible for the shit we are in. What did we do when SPPF was murdering people? Where were we when James was selling us along with seychelles to his friends? Where were we when the government coffers were being emptied?
BEZE you say? Big time.
Be sa en beze bef sa. Jeanne, lead the street protest and others may follow. James Michel recently condemned Ghadaffi's use of violence so maybe you'll get spared for the gard bate. Either that or you'll get a "bon beze" since we're on the subject.
DG
DG,
We expect Michel will need violence ,that is what he knows best,the world will be watching and so will ICC too.We are used to Pp intimidation after thirty four years of communism in fact we have become immune from them.For those who might attempt to follow Michel order to brutalize our people while exercise their universal right of freedom of expression they must keep in mind that compare to large countries like Egypt where state criminals abused people than can hide into another districts where nobody knows them,the different is our country is small everybody knows everybody and my question to them will be were are they going to hide after Michel and Pp is toppled?They must aslo know that Michel can always take his briefcase full of purlioned tax payers money and escape to Saudi Arabia which has become a safe haven for disposed dictators but you guys you will stay right here and will have to pay for the crimes of PP.Is that what you want sacrifice yourselves and famillies to save the ass of one old crook?
We will not be intimidated by menace from Pp and its ilk,people's power has proven in Egypt,Tunisia, Yemen,Bahrain etc..that it is stronger than any evil forces.Good always win other evil.
Sesel pou Seselwa!
Jeanne DÂrc
Here we are talking of coming out in the street to oust james Michel and his clowns on the eve of a presidential election. Let's use the democratic avenues at our disposal to elect a new government. I don't care whether Boulle, Wavel or Christopher Gill forms the next government. As long as it is not James michel and PL
Couldn't agree more
Jeanne D and couldn't agree more, do the other options have a better plan or would you rather just see Michel out and throw the country in instability?
INSTABILITY is what falling dictators are preaching in order to keep grip on power .we heard it in Egypt from Mubarak,we heard it in Tunisia from Ben Ali,we hearing it in Bahrain,Yemen,Saudi Arabia,it is an old song use by communists and dictators in an attempt to incite fear and to make the people believe that somehow without them the world would probably go down and somehow they are the only ones who can and should rule us.I agree with you that in countries where opposition do not exist and were tibes,clans is so important this could be a problem for there would be a political vacuum,(for example this could be the case in Lybia if no opposition is built rapidly and prepare for the aftermath of ghadafi ) . In Seychelles we have opposition parties and do not have clans,Cas,tribes so such thing as instability is just a Pp dream which Michel would like us to believe in but of course no Seychellois will agree with such a bogus piont of view.Moreover,we have highly qualified seychellois intellectuals much able than Michel and can deliver much more for this country and foremost real patriots not anti-Seychellois like your Dearleader Michel who was put at the helm of this country not by the people in a democratic manner but by fraud and manipulation of elections outcome.
Sesel pou Seselwa.
Jeanne D'Arc
Rene overthrew Mancham in a coup not because Mancham was a clown - which he was - but because he knew that he Rene would never win power otherwise. That's why he set up a one-party state for so long after that. He needed to shove his syatem deep down into our throats. Going into the street, whilst I agree with would mean that we cannot get rid of Michel through the ballot box. Is he and parti lepep really that invincible? Come on guys!!For one let's stop chasing our tails, focus, unite and face our common enemy as one force.
Dictators are paper like paper planes. They fly, but they can be easily crushed by the people.
SESEL POU SESELWA!
Jeanne D,
I totally agree with you that there are enough intellects in Seychelles to do things right and not least much better that those useless wankers that are there present. However, powere must be taken over in teh correct way, i.e through the ballot box by voting out the PL. I'm sorry to disappoint you, but a democracy has to respect the majority of the people even if it votes for the wrong candidate.
continued(was too quick on the publish button):
After all, what is worse, 45% minority complaining about the ruling party or 55% PL majority complaining that their preferred leader has been ousted out?
Think of teh consequences.
In a democratic society this would be the norm to follow but not in an dictatorship where democractic institutions are used as facade to gain legitimacy while not conforming to the norms.Protests,boyccott are part of a democracy, any people has the rights to exercise it,if they concidered that thier rights,liberties,fredom are not respected and their institutions are not being used for the purpsoses they are suppose they are supose to be.There have been several indicators that Pp does not conforms with the rules.It refuses to register new political party,it refuses us our rights of freedom of expression,refuses fair accept of opposition to public media and so.A democracy must respect the majority yes but only when there a Democracy in place not an demoncratic authoritarian system like we have now under pp.In democracy majority must be respect when there is fair and free elections with a government elected by the people not by fraud and manipulation.Pl followers would probably say their majority leader has been ousted out,but one must keep in mind that those same who would say that are the same who have been collaborating with the communist party for the last thirty-four years to keep the system going.They are part of the communist machine which have deprived us from our freedom and liberties and have help keep the regime^s survival,so we donot expect them to say the contary becuase their own survival depends on Pp survival.
Sesel pou Seselwa!
Jeanne DÂrc
"After all, what is worse, 45% minority complaining about the ruling party or 55% PL majority complaining that their preferred leader has been ousted out?"
Is that not what Arab leaders like Ben Ali, Mubarak, Gaddafi have been saying ? Except that they have been claiming 75% plus support. PL are not that ambitious any more.
PL has no legitimate right to claim 51% plus support because they stack the Voters List with fake (Fabrike) voters who are not Seychellois.
1. Gappy restricts the inspection of other names on the list. You must inspect only your own name.
2. The Voters List is open for inspection not all year round, but only 2 weeks per year.
3. The subsequent 2000 transfers Gappy said took place, cannot be verified.
4. The Fraud is in the list and only SNP gives the PL credibility by participating in a highly flawed democratic process.
5. Because the process is flawed, no opposing party to PL will beat it.
6. It is like Murbarak with 80% of the vote.
7. It is like Ben ali with 75% at his weakest point.
8. Only 43% of Voters have inspected the list. Yet Ramkalawan has already said, it is credible, before Gappy has.
It is just a total joke.
We must BOYCOTT the elections. That includes all genuine opposition. Those that participate, give credibility to an uncredible process.
The voting box determines political outcome only when elections are "Free and Fair". Ferrari knows that, but he lied in the Assembly to cover his tracks.
SESEL POU SESELWA!
And the elections are boycotted and the PL wins with an even greater majority, what then? What will your grounds for complaint be? It will be like not anwering when asked what you'd like to eat then complain when the food is served.
Unless you can prove that the election is tweaked I'm sorry to say that you'll never get international support. Face it, the only way to win an election is by getting a majority of the votes, or through coalition.
I suggest you start preparing for the next one as this one is already lost to PL.
In order to have a competition or game you must first have different teams competing each another ,if you do not have a competition or nobody is competing against you ,you cannot win.And claiming unilaterally victory would be inacceptable because for the simple fact that a participant cannot be the judge or the refree himself of a game which he or she is a participant.In order to prove that an election is tweaked ,we must have access to the voter lists where most tof the fraud take place to do that Pp must register MSr as party and secondly refusing to register a new party for rediculous reasons have one objective avoid those who opose the ruling party to get access to the voter lists in order that they cannot prove the fraud and amnipulation. I have one example where fraud in election.Gammatis of Port Claud was beaten in the last election ,it took three counts to claim her dubious victory.Why was it dubious?,because after the first two counts the opposition representative won with a great margin and it was only after the third count asked by Gammatis that for what ever reason she was claimed the winner.Why becuase it was frauded.
Jeanne D'Arc
What are the grounds? Where do you live?
1. All Commonwealth recommendations of 1993, and 1998, 2006 to level the playing field have been ignored up to now. Its been 17 years my friend.
That gives you about 30 reasons right there.
2. Next 30 reasons, the Commissioner of Elections is appointed by a candidate
3. Next 30 reasons, every moment with a President and the Opposition had no opportunity to reply.
4. The process of verfying the Voters List that gives you about 15 reasons.
5. MNA Charles, opening admitting that PL uses largess to pay campaigners and pay people for support and vote. See minutes of MNA reply to State of Nation.
6. There must be 100 reasons to BIYCOTT ELECTIONS.
But, there can be only one reason to participate in light of the 100 reasons not to.
SESEL POU SESELWA!
Parti lepep would accuse you of being chikens, kapons and they would be right. The reasons you advance for boycotting the elections are flimsy and frivolous.
Let's stop being defeatists. We have every possibility of defeating Michel and PL. Let's do it.
Yepp. You now sound like a bad football team who are pouting and saying "we won't play unless our rules apply". Of course PL can be defeated, but they have to be outsmarted and beaten at their own game as they have the field right now. Can we do it? Yes we can!
DG
The defeat is in the Voters List.
To participate in the election with all the reasons why the field is not leveled only gives credence to a bad system.
If the opposition was united, the last two comments would make sense.
Failing a united opposition with momentum, and moral authority to take PL out, it will not be likely the opposition can over ride the total number of fabricated voters on the Voters List.
C Gill
DG,
It is rather like saying we won't play becuase the refree has been bribed so he would be biased in his arbitration.
Jeanne DÂrc
The Referee Gappy is working for Michel. It is easy to show.
Gappy's refusal to certify MSR was a decision taken with the Attorney General. Gappy did not seek independent legal advise to handle this case. Govinden worls for Michel and State House.
In Court, France Bonte CC member was giving Govinden instructions on a Motion to Dismiss.
It is obvious that there is collusion and a common scheme intended to deny MSR participation in the process.
All along, SNP Regar has been silent, but in the National Assembly, they use MSR Manifesto ideas and our articles to prop up their bankrupted leaderships lack of ideas.
The last session was totally patehtic. It shows how a politician can be riding on a wave in one era and under neath it in the next.
Sesel Pou Seselwa!
Christopher Gill
Christopher, I was beginning to warm to your point of you but you're being ridiculous always posing like a spoilt child who's had his favourite toy taken away from him. One minute PL is taking away the land of "seselwa rasin" the next it's SNP who's "stolen your ideas. Get a life man. You think that politics in this country is run behind a blog?
That Pp is dishing away our patrinomy illegally to foreigners is a fact,last case Anse Copra.That SNP steal MSR ideas also true ,you just have to listen to RAM when he preaches in the Asssembly.As to the lastest,though SNP has stolen Msr^s ideas it cannot put it into practice,why?Because in order to put them into practice one must also have the details of how to make them work, which SNP does not have.In other words, even with MSR¨'s stolen ideas, SNP still cannot put together a manifesto.It demonstrates the incapacity of RAM.
Sesel pou Seselwa
Jeanne DÂrc
Reply to Stolen ideas-
Yes SNP has used some ideas of MSR in this State of Nation rebuttal.
It is completely obvious for anyone that listened to the debates.
What was critical is that SNP used some ideas, not all. Hence why they could not defend the principles they used and PL beat them up silly.
Sesel Pou Seselwa is not a piecemeal item. It has been thought out by some very intelligent Seychellois, and the ideas have stress tested for one year in open debate.
Yes, politics is not done behind a blog, some of it is done on mobile phones and behind State House. But we will change that and take it to the people. The start is the blog. Those that ignore that, do it to their detriment.
SESEL POU SESELWA!
I'm glad you've pointed out that you've been "defending" your so-called idea for the past year. Really guy? Get real. Do you seriously believe that the over 50% of the population who support the opposition are doing so because of your ideas? That you want to take credit for some of the things is fine but to kid yourself and try to kid others that all these thousands of people who are today calling for change is the result of your work is beyond a joke. Do you seriously believe that the Esthers of Mont Plaisir on Praslin are giving a rat's bottom to your blogg?
MSR and myself take credit for what we stand for and what we do.
We do not copy ans paste and when we have done it look like fools because we do not know what we are doing.
SNP does that. So does SPPF PL.
MSR stands by its MANIFESTO and its work.
We even use our names when we say things. We do not use fake profiles or no name.
Sesel Pou Seselwa
C Gill
Esther at Mont Plaisir is a Pp follower of Pp, i guess the reason why she does not check MSR blog is not becuase she does not want but rather becuase she does not even have a computer. Michel failed politic has made her poorer she just can not afford one. May be Pp can gift her one now that election is near.
Sesel pou Seselwa!
Jeanne DÂrc
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The Complaint alleges that the Seychelles government has continued its policy of financial piracy, even in the face of heightened scrutiny from the prior lawsuits and media attention. This time, as alleged in the Complaint, Seychelles has not even bothered to offer an excuse for why its agents have stolen the funds -- it merely took the money.
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