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Wadyajena bought 25 trucks in US$5m Cottco scam, court hears

by Kudzai Chinoda -

Wadyajena bought 25 trucks in US$5m Cottco scam, court hears


Instead of importing the bales, Wadyajena and his colleagues allegedly imported 25 trucks from a USA company called Giant Equipment in 2019 and 2020.

By Staff Reporter  18 Aug 2022


HARARE – Justice Mayor Wadyajena, Zanu PF’s Gokwe Nembudziya MP and chairman of the parliamentary committee on agriculture, siphoned millions of dollars from the Cotton Company of Zimbabwe in an elaborate scam before buying 25 haulage trucks, a court heard on Wednesday.

The Lambourgini-pushing MP, who was arrested on Tuesday, was so frustrated when told his bail application would spill over to Thursday he offered to transport court officials to their homes if the hearing would continue well into the evening.

The offer was slapped down by magistrate Stanford Mambanje.

Wadyajena is charged with fraud and money laundering involving US$5 million together with four others and two companies, including his Mayor Logistics.

They are Pius Manamike, 54, who is Cottco managing director; Maxmore Njanji, 47, (head of marketing, operations, ginning and logistics), Fortunate Molai, 34, (Cottco acting procurement manager) and Chiedza Danha, 39, who is being charged in his personal capacity while also representing Pierpont Moncroix, which is jointly charged in the crime.

Mayor logistics is being represented by Wadyajena.

According to court papers, sometime in 2019, Wadyajena and his co-accused hatched a plan to defraud Cottco through fictitious purchase of goods purportedly for use by the company.

The allegedly went on to open a shelf company called Pierpont Moncroix which was later recommended by Molai to supply Cottco 3 million High Carbon Bale Ties valued at US$2,6 million to carter for the 2019 ginning season.

It is state’s case that the name of the company created by the accused was the same as that of a Mauritius company so as to mislead Cottco.

On March 14, 2019, the crew allegedly approved a fraudulent Purchase Order in favour of Pierpont Moncroix Mauritius valued at US$2 528 000 purporting that Pierpont Moncroix Mauritius was going to supply 3 200 000 bale ties to Cottco.

Instead of importing the bales, Wadyajena and his colleagues allegedly imported 25 trucks from a USA company called Giant Equipment in 2019 and 2020.

They allegedly went on and registered the trucks under Mayor Logistics.

In November 2019, Manamike and Njanji allegedly issued a second purchase order on behalf of the Cottco, which was valued at US$1 106 000 for the purchase of the bale ties from Giant Equipment company again.

The order was then approved even though Giant Equipment had failed to deliver the first order; no bales were also delivered as the money was allegedly transferred to Afrozurich International in a currency swap deal.

Later in November 2021, Molai allegedly sent an email to the Cottco’s treasurer in which she requested the company to pay a deposit of US$2 500 000 for the purchase of other bales from Energy Park Company.

On November 23 2021, US$363 900 being part of transfer to CBZ Energy Park Account of US$750 000 was later transferred to Maropafadzo Energy (Pvt) Ltd Ecobank account and US$421 000 was transferred to Energy Park Bulk Fuels (Pvt) Ltd the following day.

On March 8 2022 and March 14 this year, two further payments were allegedly processed from Cottco’s CABS Account of US$450 000 and US$1 000 000 to Maropafadzo Energy company as requested by the supplier.

The court papers state that a total of US$2 200 000 was paid against the order of US$4 578 078.

Court also heard that investigations proved that Energy Park (Pvt) Ltd is in the fuel industry and sells fuel in bulk and direct to retailers and not bale ties.

It is alleged that payments to Maropafadzo Energy being part of the order for bale ties were further transferred into various accounts of individuals and corporates both local and international for procurement of services which have nothing to do with the purpose for which the funds were transferred at Cottco.

Following the court appearance Wednesday, Wadyajena and his co-accused were sent to Remand prison awaiting bail hearing finalisation this Thursday.

The group also faces money laundering charges involving US$5 million.

They appeared before Harare magistrate seeking bail with prosecutors opposing on grounds that evidence against them was so overwhelming that they may consider both skipping bail and interfere with witnesses in their matter

The Investigating Officer in the case, Authur Murambiza said they have paper trail confirming the offences.

“During the investigations, we gathered overwhelming evidence against the accused and the likelihood of a conviction is there, which might cause them to abscond of granted bail.

“As of this moment, we have documentary exhibits which include email instructions, proof of payments and bank statements.

“We also have identified which could be proceeds of the offence,” he told court.

The IO also said they were yet to get the addresses for other suspects in the matter.

He also said Danha has a company in Mauritius.


https://www.zimlive.com/2022/08/wadyajena-bought-25-trucks-in-us5m-cottco-scam-court-hears/



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Former Mozambican president takes the stand

by Kudzai Chinoda -

Former Mozambican president takes the stand




For 10 years, from the beginning 2005 until the end of 2014, Armando Guebuza was the most powerful man in Mozambique. He controlled the levers of power as president of both the republic and of the governing Frelimo party.

But for two days, more than a week ago, Guebuza was treated like an ordinary citizen and subjected to gruelling questioning in a courtroom in Maputo. He was forced to explain his role in the $2.2-billion “hidden debt” scandal that plunged the country into a severe financial crisis — and took place under his watch.

Although his appearance may, for some, have dented the former president’s reputation, it was also an opportunity for him to address the Mozambican public — and to attack his successor, Filipe Nyusi.

And as Frelimo gears up for a congress in September to choose Nyusi’s successor, this battle between the party’s two biggest beasts has a significance beyond the corruption trial itself.

A fishy business

Guebuza was the last of 67 witnesses called by the attorney general’s office to testify at the televised hearings. For the past six months, the court — sitting in a tent in the courtyard of a maximum-security prison outside the capital, Maputo — has heard evidence that has implicated his inner circle in serious financial irregularities.

Although the former president has not himself been prosecuted, the accused include his private secretary and his chief political advisor, as well as his son, Ndambi. The defendants have been charged with assorted crimes including money-laundering, forgery, embezzlement, blackmail, criminal association and influence peddling.

The accusations centre around $2.2-billion that was borrowed by companies set up by the Mozambican intelligence service, backed by state guarantees. Infamously, some of this money was used to purchase tuna fishing boats that were allegedly vastly overpriced and unfit for purpose, and are currently rusting — unused — in Maputo’s harbour.

Under Mozambican law, debts of that size should never have been taken on without the approval of parliament and the administrative court. But parliament was never consulted, until after the scandal broke when it retroactively approved the loans.

In 2019, under pressure from civil society, the Constitutional Council ended up declaring the debts null and void. Mozambique has refused to honour two of the loans, but is slowly repaying one of them, which was worth $850-million, but will cost the country as much as $2.4-billion by the time it is paid off.

The man who signed the guarantees, the then finance minister Manuel Chang, has been languishing in a South African prison since December 2018, stuck in an extradition tug-of-war between Mozambique and the US.

Credit Suisse, the bank that financed part of the fraudulent deal, was fined $547-million by regulators in the US and UK. But no one has yet been brought to justice in Mozambique. And Guebuza, in his testimony, did his best to convince prosecutors – and the Mozambican public – that his hands are clean.

Passing the buck

Although Guebuza accepted responsibility for creating the companies in question, he pointed the finger of blame for the fraudulent activity at none other than Nyusi, who was his minister of defence at the time, and who chaired a group of senior officials that Guebuza set up and, he says, put in charge of the project.

“I trusted them. I delegated because I trusted the people I was working with,” Guebuza told the court.

But Nyusi has denied any involvement. Nyusi’s testimony, given to state prosecutors in 2018 and read aloud by the judge in court on Friday, said that he knew nothing about the dodgy companies at the heart of the scandal — and found out about their existence only when the scandal broke in 2016. Video footage currently doing the rounds in Mozambique casts doubt on this account, because it shows Nyusi discussing them in 2014 and 2015.

The two presidents’ contradictory accounts will make it difficult for prosecutors and judges to get to the bottom of what happened. But they may not be the final arbiters. Instead, all eyes turn now to the Frelimo party congress in September, at which Nyusi and Guebuza are vying to have the final say on who will be the candidate to succeed as president. They will each be hoping that their favoured candidate wins the nomination — and can keep them out of jail.

This article first appeared in The Continent, the award-winning pan-African weekly newspaper designed to be read and shared on WhatsApp. Download your free copy here

Read More: https://mg.co.za/africa/2022-02-28-former-mozambican-president-takes-the-stand/

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South Africa's North West Province: The pathology of a corrupt province

by Kudzai Chinoda -

South Africa's North West Province: The pathology of a corrupt province



The NPA has begun compiling a series of provincial corruption snapshots to demonstrate the work that is being done to hold criminals to account. In the first, the acting Director of Public Prosecutions in North West province looks at progress being made in cracking down on corruption there.

North West is one of the provinces hardest hit by public sector corruption.

This led to President Cyril Ramaphosa in May 2018 invoking Section 100 of the Constitution and establishing an inter-ministerial task team to intervene in the governance processes of the province. Section 100 provides that “when a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation”.

The National Prosecuting Authority’s North West division was previously understaffed and did not have the specialist skills necessary until additional capacity for the Specialised Commercial Crimes Unit (SCCU) and the Asset Forfeiture Unit (AFU) was appointed permanently from March 2020, to deal effectively with these cases.


The province is now the focus of more than 50 criminal cases involving the theft of public money. There are 17 cases currently enrolled in court, involving 19 people — including a former head of department, three former municipal managers and a mayor. The cases relate to public funds amounting to R53.5-million, and most of the charges relate to fraud and corruption.

Thirteen of the cases have already been finalised by the NPA, resulting in five convictions on charges relating to more than R2-billion. There have been two acquittals and eight cases have been withdrawn.

Two cases are currently being assessed for prosecution, and 19 are with the Directorate for Priority Crime Investigation for further investigation.

Even a cursory examination of the cases currently before the courts shows a breathtaking scale of corruption has taken place in almost every part of the province — in Ventersdorp, Wolmaransstad (two), Orkney (two), Rustenburg, Makapanstad, Zeerust, Mmabatho, Setlagole, Potchefstroom, Christiana and Taung.

The 19 cases currently under investigation show startling levels of corruption around the provision of basic public services such as housing, healthcare centres and roads in a province that has shown a desperate need for basic infrastructure.

These include allegations that:

  • The former HOD of Public Works colluded with four district directors and the CFO of the Department of Public Works to award a tender to construct roads without following tender procedures in Bojanala, Dr Ruth Segomotsi Mompati, Ngaka Modiri Molema and Kenneth Kaunda districts. The majority of the road construction projects were not completed and investigations are ongoing in the limited projects where the construction of roads was undertaken.
  • In Brits, the provincial department of health allegedly unlawfully appointed service providers for the upgrading of the local hospital. The upgrading of the hospital was partially completed by the appointed service providers and a new contractor had to be appointed to do remedial work.
  • In Rustenburg, CMS Water Engineering was allegedly appointed fraudulently without following procurement processes and procedures. The tender was for the upgrading and extension of Bospoort Water Treatment Works in Rustenburg. The company also allegedly falsely invoiced the municipality for the delivery of goods to be used in the said upgrading and extension. The upgrading and extension of the waterworks have not yet commenced.
  • In Mahikeng, the former MEC of Public Works is under investigation for alleged misrepresentation for signing housing documents pretending to be the MEC of Local Government and Human Settlements. The documents were used to allegedly unlawfully register non-deserving beneficiaries of government houses.
  • In Mmabatho, the provincial health department allegedly colluded with Raliform Investment and Mr Property to inflate the prices of medical equipment at Vryburg and Brits Hospital. In some cases, payment was allegedly made without services rendered and some equipment was not delivered.
  • Also in Mmabatho, Public Works Road and Transport officials allegedly colluded with service providers around the irregular appointment of 150 scholar transport service providers. Alleged false or inflated claims for the transport of scholars form part of the investigation. A second case, involving a different scholar patrol contract, is also under investigation.
  • In Mogwase, there was alleged collusion with unnamed mining companies by the traditional leader and/or council of the Bakgatla-Ba-Kgafela tribe, which led to the misappropriation of tribal funds.
  • A company named Ayama Consulting was allegedly irregularly appointed by the Department of Public Works to build roads across the province in a tender valued at R103-million. Furthermore, the issue currently under investigation is the extent to which the service provider has done work on the project.
  • Big Time Strategies was appointed and paid to provide IT services to Mogwase municipality but was paid for services allegedly not rendered. It has been established that the company was appointed unlawfully without going through proper processes.

The NPA has taken note of some criticism that the SAPS and NPA have been lax in investigating and prosecuting contraventions of the Municipal Finance Management Act. It is important to highlight that some of the cases currently being pursued — including a fraud case in Orkney, which has been remanded for pre-trial conference, and a matter against the former municipal manager of the Rustenburg Municipality which relates to irregular expenditure for the provision of alternative energy to indigent households — are taking place in terms of alleged transgressions of this Act. The latter case has been remanded to 4 April for trial.

Money laundering

One of the most high-profile cases in the province was referred to in the second report of the Zondo Commission on State Capture last month: a contract with SA Express that didn’t go through a competitive tender process.

The contract was for the rehabilitation and reintroduction of flights at Mahikeng and Pilanesberg airports. The money was allegedly paid to SA Express through a money-laundering scheme involving a number of bogus entities.

Another case already in the public domain involves the Social Housing Regulatory Authority (SHRA) and a Restructuring Capital Grant for a project to build 2,400 housing units in Mahikeng — using money that had been redirected to SHRA from the Eastern Cape and Free State Departments of Human Settlements. The construction of the said housing units has only been partially completed by the contractor.

Significant amounts of public money were involved in a number of cases — for example, a case in Mmabatho where a company was appointed as an implementing agent for the North West Department of Rural Environment and Agricultural Development. The company was allegedly paid a total of R604-million despite a number of procurement irregularities. The said funds were supposed to have been paid in respect of various farm infrastructure and agricultural projects. The extent to which these goods and services were delivered, as well as alleged double payments to service providers, is under investigation.

Sound depressing? There is some light at the end of the tunnel — in particular, in some of the 13 cases that have been finalised by the NPA and the DPCI.

In Bloemhof, for example, the owner of an auction company was jailed for five years for auctioning obsolete municipal assets and not paying the proceeds over to the municipality. Another auctioneer was given a three-year sentence (suspended for five years) for doing a similar thing in Mmabatho with property belonging to Botshelo Water.

In Klerksdorp, an employee of Matlosana Local Municipality was sentenced to a R50,000 fine, or three years’ imprisonment, for misappropriating almost R70,000 intended for volunteers working in the municipality’s Indigent Unit. The employee issued stipends on their behalf and then demanded that some of the money be paid back into a personal account.

Similarly, an employee in Rustenburg Municipality’s salaries department connived with colleagues to issue “acting allowances”, which would then be shared with the salary department staff. One of the employees was given a 10-year sentence, of which five years were suspended.

In Vryburg, R454,000 was recovered from the former municipal manager of Naledi Local Municipality after a service provider was paid, despite not building the required 3,000 low-cost houses. The accused was sentenced to an effective eight years in prison, and charges are being assessed against the service provider, Khasu Engineering.

Corruption is killing South Africa.

It literally kills people because basic services are not provided to the poor and vulnerable. And it kills the rule of law and the social contract. It must become the exception, not the norm. This applies to not just the high-level type detailed in Zondo reports, but also the local-level variant that deprives our citizens of basic services and destroys their faith in governance.

The North West cases are sad examples of both.

Fortunately, steady progress is being made by the DPCI and the NPA in restoring the rule of law and ensuring that justice is served for the communities at grassroots level.

This is an important step towards reclaiming our country from the grip of corrupt capture at all levels. DM

Dr Rachel Makhari-Sekhaolelo is acting Director of Public Prosecutions, North West Division

Fore More: https://www.dailymaverick.co.za/article/2022-02-24-north-west-the-pathology-of-a-corrupt-province/

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INVITATION 2nd CYCLE REGIONAL ARINSA E-PROGRAMME FOR 2021

by Kudzai Chinoda -

through our project "Countering Illicit Financial Flows by Strengthening Law Enforcement for Asset Recovery Inter-Agency Network for Southern Africa (ARINSA)". A regional approach has been taken with various e-learnings and online webinars .

Experts will be invited to do the live online interactive sessions where the knowledge and skills obtained from the self-paced modules are further strengthened and enhanced. Participants have an opportunity to clarify and ask questions during the live sessions and through discussion forums. In order to facilitate as many participants as possible, the online sessions are recorded and accessible until the module is closed.

UNODC kindly requests all contact points, heads of departments and colleagues to spread this invitation as widely as possible to all relevant stakeholder institutions involved in asset forfeiture, the investigation and prosecution of  money laundering and other financial crimes  space and all other institutions that are linked to money laundering and financial crimes to avail themselves to take these courses. and instructions to follow ).

) Please Note that: Yahoo email addresses are blocking emails from our system therefore use alternative email addresses. 

,  for authentication and validation. Kindly note that all fields marked in RED on the ARINSA new account creation form are mandatory and the system will not accept your registration unless you complete them.  

 Enrolment on the Courses

The deadlines for the online the AAMLC and JAMLC will be 30 July 2021 and 06 August 2021 for the AMLC and FISZC. No participants can be enrolled after this date.

Please note that participants can start registering and enrolling themselves for all e-courses as of today Monday, July 12th, 2021.

We hope that you will find this to be worthwhile and enriching to your careers as well as of those of the others.

REMEMBER LET US LEAVE THE CRIMINALS WITH NOWHERE TO HIDE!!

All the best and let us keep safe.


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Illicit enrichment

by Kudzai Chinoda -

Gretta Fenner, the MD of the Basel Institute on Governance sends you her warm regards and also the exciting news that they have just published an open-access book on illicit enrichment.

 

Illicit Enrichment: A Guide to Laws Targeting Unexplained Wealth is a comprehensive guide to illicit enrichment laws and their application to target unexplained wealth and recover proceeds of corruption and other crimes. 

 

The book is written by Andrew Dornbierer, Asset Recovery Specialist at our International Centre for Asset Recovery, and available for free online at illicitenrichment.baselgovernance.org along with a database of laws and additional resources. Printed copies are available at cost price via Amazon.

 

Here is the news and here is the free online version on our Basel LEARN platform. We have shared it via LinkedIn and Twitter. A flyer is attached.

 

Would you Kindly share the news with other members of the ARINSA network? 

 

Perhaps you and other members will also be interested in attending our public webinar on illicit enrichment. It would be fantastic if you could circulate that at the same time, if possible.

 

Do let me or Andrew know if you have any questions or ideas.

 

Kind regards

 

JP Willemse

Senior Financial Investigation Specialist

International Centre for Asset Recovery

 

C/o Anti-Corruption Bureau

Mulanje House

Lilongwe

Malawi

Email : jp.willemse@baselgovernance.org

 


(Edited by Cephas Pahla - original submission Friday, 11 June 2021, 2:28 AM)

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U.S. Attorney Announces Extradition Of Kenyan National For Large-Scale Trafficking Of Rhinoceros Horns And Elephant Ivory And Heroin Distribution

by Kudzai Chinoda -

U.S. Attorney Announces Extradition Of Kenyan National For Large-Scale Trafficking Of Rhinoceros Horns And Elephant Ivory And Heroin Distribution



Indictment Alleges Conspiracy to Smuggle at Least 190 Kilograms of Rhinoceros Horns and at Least 10 Tons of Elephant Ivory Valued at More Than $7 Million

Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that MANSUR MOHAMED SURUR, a/k/a “Mansour,” a Kenyan citizen, was extradited from Kenya and arrived in the United States this morning.  SURUR was arrested by Kenyan authorities on July 29, 2020, in Mombasa, Kenya, on charges of conspiracy to traffic in rhinoceros horns and elephant ivory, both endangered wildlife species, which involved the illegal poaching of more than approximately 35 rhinoceros and more than 100 elephants.  In addition, SURUR was charged with conspiracy to commit money laundering and conspiracy to distribute and possess with intent to distribute more than 10 kilograms of heroin.  SURUR’s co-defendant, Moazu Kromah, a/k/a “Ayoub,” a/k/a “Ayuba,” a/k/a “Kampala Man,” a citizen of Liberia, was previously deported to the United States from Uganda on June 13, 2019.  Co-defendant Amara Cherif, a/k/a “Bamba Issiaka,” a citizen of Guinea, was extradited to the United States from Senegal on April 3, 2020.  Co-defendant Abdi Hussein Ahmed, a/k/a “Abu Khadi,” a citizen of Kenya, remains a fugitive.  SURUR is expected to be arraigned later today before U.S.  Magistrate Judge Debra Freeman.  The case has been assigned to U.S. District Judge Gregory H. Woods.

Manhattan U.S. Attorney Audrey Strauss said:  “Mansur Mohamed Surur is alleged to be a member of an international conspiracy to traffic in rhino horns, elephant ivory, and heroin.  The enterprise is allegedly responsible for the illegal slaughter of dozens of rhinos and more than 100 elephants, both endangered species.  The excellent work of the Fish and Wildlife Service and the DEA has put an end to this operation.”                

According to allegations in the Indictment[1]:

Kromah, Cherif, SURUR, and Ahmed were members of a transnational criminal enterprise (the “Enterprise”) based in Uganda and surrounding countries that was engaged in the large-scale trafficking and smuggling of rhinoceros horns and elephant ivory, both protected wildlife species.  Trade involving endangered or threatened species violates several U.S. laws, as well as international treaties implemented by certain U.S. laws.

From at least in or about December 2012 through at least in or about May 2019, Kromah, Cherif, SURUR, and Ahmed conspired to transport, distribute, sell, and smuggle at least approximately 190 kilograms of rhinoceros horns and at least approximately 10 tons of elephant ivory from or involving various countries in East Africa, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers located in the United States and countries in Southeast Asia.  Such weights of rhinoceros horn and elephant ivory are estimated to have involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants.  In total, the estimated average retail value of the rhinoceros horn involved in the conspiracy was at least approximately $3.4 million, and the estimated average retail value of the elephant ivory involved in the conspiracy was at least approximately $4 million.

The defendants exported and agreed to export the rhinoceros horns and elephant ivory for delivery to foreign buyers, including those represented to be in Manhattan, in packaging that concealed the rhinoceros horns and elephant ivory in, among other things, pieces of art such as African masks and statues.  The defendants received and deposited payments from foreign customers that were sent in the form of international wire transfers, some which were sent through U.S. financial institutions.

On a number of occasions, Kromah, SURUR, and Ahmed met with a confidential source (“CS-1”), both together and separately, concerning potential purchases of elephant ivory and rhinoceros horn.  During these meetings and at other times via phone calls and electronic messages, CS-1 discussed with Kromah, SURUR, and Ahmed, in substance and in part, the terms of such sales, including the price, weight, or size of the rhinoceros horns, as well as payment, destination, and delivery options.  CS-1 also discussed with Cherif via phone calls and electronic messages, in substance and in part, the terms of the sales, as well as how to send payment for rhinoceros horns from a United States bank account located in New York, New York.  On or about March 16, 2018, law enforcement agents intercepted a package containing a black rhinoceros horn sold by the defendants to CS-1 that was intended for a buyer represented to be in New York, New York.  From in or about March 2018 through in or about May 2018, the defendants offered to sell CS-1 additional rhinoceros horns of varying weights, including horns weighing up to approximately seven kilograms.  On or about July 17, 2018, law enforcement agents intercepted a package containing two rhinoceros horns sold by the defendants to CS-1 that were intended for a buyer represented to be in New York, New York. 

Separately, from at least in or about August 2018 through at least in or about May 2019, SURUR and Ahmed conspired to distribute and possess with intent to distribute more than approximately 10 kilograms of heroin to a buyer represented to be located in New York. 

                                                            *                      *                      *

SURUR, 60, is charged with one count of conspiracy to commit wildlife trafficking and two counts of wildlife trafficking, which each carry a maximum sentence of five years; one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years; and one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, which carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the U.S. Fish and Wildlife Service and the U.S. Drug Enforcement Administration.  In addition, she thanked law enforcement authorities and conservation partners in Uganda as well as the Kenyan Directorate of Criminal Investigations and the Kenyan Office of the Director of Public Prosecutions for their assistance in the investigation.  Ms. Strauss also thanked the U.S. Department of Justice’s Office of International Affairs for their assistance, and noted that the investigation is continuing.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Sagar K. Ravi and Jarrod L. Schaeffer are in charge of the prosecution.

The charges contained in the Indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty.

 

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and its description set forth below constitute only allegations, and every fact described should be treated as an allegation.


Read More: //

https://www.justice.gov/usao-sdny/pr/us-attorney-announces-extradition-kenyan-national-large-scale-trafficking-rhinoceros



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D&M Rail boss granted N$15 000 bail

by Kudzai Chinoda -

D&M Rail boss granted N$15 000 bail

News - National | 2021-01-13

by Shelleygan Petersen

DAVID 'Dawie' Moller and his co-accused in a money-laundering case were yesterday granted bail in the amount of N$15 000.

Magistrate Eden Iyambo also postponed the managing director of D&M Rail Construction and his co-accused's case to 28 April in the Gobabis Regional Court.

The railway company is co-owned by James Hatuikulipi, one of the accused in the Fishrot corruption scandal.

Moller and Hendrick Rooi are accused of money laundering, the failure to declare funds, being found in possession of unexplained funds, theft and the possession of suspected stolen property.

Both Moller and Rooi were released on bail on condition that they hand their passports over to the police and do not interfere with witnesses.

The state and defence lawyers agreed on the bail amount and conditions.

The accused were represented by Christian Nambahu, while Faith Nyaungwa prosecuted.

Moller and Rooi were arrested and appeared in court on 5 January where their case was initially set for 18 January.

Sources said Moller's arrest could be linked to Fishrot property transactions by Hatuikulipi and former justice minister Sacky Shanghala, involving a farm in the Omaheke region, among others.

It could, however, not be established whether Moller and Rooi's arrests were linked to the Fishrot corruption case.

The railway construction company last Wednesday said their firm is not linked to money-laundering charges against its managing director.

D&M Rail defended Moller, saying: “D&M Rail has always conducted its business with honesty, credibility and professionalism under the leadership of Mr Dawie Moller, and remain steadfast in our belief that he will be exonerated of all charges – which to our understanding are not linked in any way to the operations of the D&M Rail – against him in due course.”

Moller has been in charge of D&M Rail Construction, a politically connected company, that has for years won questionable multimillion-dollar rail deals at TransNamib and the Ministry of Works and Transport, including a controversial state railway maintenance contract that cost taxpayers N$100 million a year.

Hatuikulipi is one of the alleged masterminds of the multibillion-dollar Fishrot corruption scandal and is currently in custody awaiting trial with five other accused, including former minister of fisheries and marine resources Bernhard Esau, and ex-minister of justice Sacky Shanghala.

Moller last year insisted that his dealings with Hatuikulipi were clean.

The two have been business partners for years.

 Read More: D&M Rail boss granted N$15 000 bail - The NamibianD&M Rail boss granted N$15 000 bail - The Namibian


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OR Tambo bust: gold bars worth R61m seized, 3 arrested

by Kudzai Chinoda -

OR Tambo bust: gold bars worth R61m seized, 3 arrested


News24

By Lwandile Bhengu


  • Gold bars weighing 73.5kgs were seized from three people at OR Tambo International Airport on New Year's Eve.
  • The three had flown to South Africa from Madagascar.
  • They are due in court where they face charges of dealing in precious metal and the contravention of the Customs Act.

Three people were arrested at OR Tambo International Airport after gold bars, with an estimated street value of R61 million, were found in their luggage.

National police spokesperson Colonel Athlenda Mathe said that the three were arrested on New Year's Eve after airport security alerted police that a scan of their luggage had revealed irregular objects.

"The trio had just flown into South Africa from Madagascar and were en route to Dubai via Ethiopia last week when they were apprehended. Upon questioning of the suspects and further inspection of their hand luggage, officials discovered the gold bars and some foreign currency," said Mathe.

The gold, weighing 73.5kg, was seized along with the currency under the Customs and Excise Act and the Exchange Control Regulation. 

Mathe also said that the Directorate for Priority Crime Investigation (DPCI), with the assistance of Interpol, was investigating the matter to "determine the legitimacy of the certification papers as provided by the men and also to determine the country of origin where the gold was mined".

"Investigations will also focus on which country the gold bars were destined for."

The three are expected to appear in the Kempton Park Magistrate's Court on Monday where they face charges of dealing in precious metal and contravention of the Customs Act. 

Read More: // https://www.news24.com/news24/southafrica/news/or-tambo-bust-gold-bars-worth-r61m-seized-3-arrested-20210104

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State takes hospital official’s house

by Kelvin Mutsa Mufute -

State takes hospital official’s house

Fidelis Munyoro
Chief Court Reporter
A Ruwa house belonging to former Parirenyatwa Group of Hospitals pharmacy stores controller Russell Tatenda Mwenye, who is also facing criminal corruption charges after he ordered supplies at inflated prices from a company he was connected with, has been forfeited to the State in a civil action.

The High Court found there was a probable chain of links connecting the purchase of the house to the inflated prices of the successful supplier.

Parirenyatwa Hospital reportedly lost US$500 000 and more than $600 000 after Mwenye allegedly flouted the tender procedures and offered Silksilver Investments (Pvt) Ltd the tender to supply medical sutures on many occasions. He then allegedly used the proceeds generated by these awards to build a house in Mabvazuva, Ruwa.

The house has now been forfeited to the State after the High Court granted an application for civil forfeiture brought by the Prosecutor-General Kumbira Hodzi against Mwenye and his wife Rutendo Vera. The application was made in terms of the Money Laundering and Proceeds of Crime Act. In a civil action proof is based on the balance of probabilities, a lower hurdle than the proof beyond reasonable doubt required in a criminal trial.

In granting the order for civil forfeiture, Justice Benjamin Chikowero traced Mwenye’s “hidden hand” starting with the corrupt placement of the order to procure the medical sutures from Silksilver. Mwenye’s link to the company, its decision making structure, control of its finances and the property in question became manifest once Parirenyatwa Hospitals terminated his employment. Justice Chikowero noted that Mwenye’s wife occupied the position of administration officer at Silksilver.

Flancon Investments (Pvt) Ltd had initially won the tender to supply the sutures at a cost of US$37 844 on the basis that it was the cheapest bid that met the tender specifications.

Silksilver Investments (Pvt) Ltd participated in the bidding process and lost so in the lawful course of things, PGHs should have bought the medical sutures from Flancon, which had won the tender, but this was not the case.

For reasons which Justice Chikowero said could only be attributed to corruption, Silksilver, the losing bidder, supplied the sutures at a cost which was more than double what Flancon had charged.

Parirenyatwa Hospitals paid US$86 381 for the sutures and the money was paid into Silksilver’s CABS account.

“This was public money. There exist pieces of legislation governing procurement by public entities and how public funds should be spent. Those statutes were not adhered to,” said Justice Chikowero.

He also also noted in his ruling that after Mwenye was fired after it emerged that he was the managing director of Silksilver and that he and his wife were signatories to the company’s CABS bank account into which US$486 381 was received from Parirenyatwa Hospitals.

“The asset falls within the bracket of property acquired using proceeds of corruption. Considering the quantum of the loss suffered by the public entity, I am not at all persuaded that an order of forfeiture stands disproportionate to the prejudice to be suffered by the respondents (Mwenye and his wife).”

Silksilver allegedly supplied the hospital group on 98 separate occasions and was paid US$477 801 and $621 554 in local currency.

Charges against Mwenye arose in March 2016 when Parirenyatwa Hospitals flighted a tender requesting bids for the supply and delivery of surgical sutures.

After the hospital’s tender committee carried out due processes, it awarded the tender to Flancon Investments (Pvt) Limited, the cheapest of the bidders, who quoted US$37 844.

Order forms were then reportedly raised by the procurement department and forwarded to the pharmacy department for recommendations by Mwenye before they were to be passed to the hospital’s chief pharmacist for approval.

But Mwenye allegedly did not action the papers and waited until surgical sutures stocks went critically low, creating an unnecessary emergency in the process.

Mwenye then assigned Yvonne Mudimu, a section head in the surgical and sundries department, to make a direct purchase of the sutures from Silksilver Investments for US$86 381 without going to tender.

Silksilver Investments had bid for the tender, but failed to meet the specifications required.

Allegations are that Mwenye abused his office by allowing Silksilver Investments to supply the surgical sutures without following tender procedures and prejudiced Parirenyatwa Group of Hospitals of US$48 537.

A surgical suture is a medical device used to hold body tissues together after an injury or surgery.


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