Wednesday, September 8, 2021

TECHNICAL DIFFICULTIES HAVE BEEN CORRECTED

Readers who have been unable to access some of our articles, be advised that we have found the problem and it is now corrected. All articles are available. Thank you for your interest in Kenneth Rijock's Financial Crime Blog.

Tuesday, September 7, 2021

DEPARTMENT OF HOMELAND SECURITY 9/11 TERRORISM THEAT

MEET AFGHANISTAN'S NEW MINISTER OF THE INTERIOR

MEET MALTA'S 2021 POSTER BOY FOR CORRUPTION

John Dalli and his Helper  by COSIMO

Take a close look; in any other European Union country, this individual would have been convicted and imprisoned long ago; alternatively, he would have been turned over to American authorities for prosecution for Iranian sanctions violations. Given Malta's dysfunctional court system, where the police obey the whims of whoever the sitting the prime minister is, the guilty are never, ever punished. 

Where did all the money he has come from ?  And what about the trust he allegedly has in the Bahamas ?

So long as he cheats Lady Justice, John Dalli's presence in Malta infects everyone who thinks that breaking the law is O.K., because they see he has never paid for his sins and transgressions.  Of course, he is but one of  two dozen, all of who  should be doing time right now, whether for money laundering, corruption, drug trafficking, tax evasion, or any one of a boatload of other criminal charges.

Will the last legitimate person leaving Malta remember to turn out the lights.

 

MALTA'S WHISTLEBLOWER RESPONDS FORCEFULLY TO JOSEPH MUSCAT'S ATTEMPT TO MANIPULATE DAPHNE'S FAMILY

 

 

Joseph Muscat's arrogant attempt to link his "apology" to the Daphne Caruana Galizia family to their acceptance of the bogus Egrant Report verges on extortion. After all, the report, whose conclusions were fabricated by a magistrate bribed with a judgeship to fix the results, has been universally condemned as inaccurate, and not worthy of consideration.

 Malta's whistleblower, Maria Efimova, who first went public with the truth about the fact that Michelle Muscat was the beneficial owner of Egrant stock, does not pull her punches; "Muscat can say as he pleases. Daphne saw the proof for Egrant, what is why she revealed in her blog. And it will be confirmed once I have whistleblower status." 

She knows that Muscat  is under tremendous pressure at this time, and is trying to counter-punch: " Muscat feels it and he is trying to be proactive." 

 She wanted, at this time, to clear the air about her situation; "First of all, I am surprised that Maltese media haven't mentioned my contributions to Pilatus revelations in their recent articles about the bank being charged with money laundering. I feel like Malta is trying to forget who was Daphne's source in Pilatus case. Even Manuel Delia, who used to support me, he wrote nothing in his blog.  

"Many people blamed me for fundraising doing forensic analysis of the evidence I have. They say I kept the money for myself, which is not true. They forgot though, that until my family spent €37,000 for lawyers assisting me and my husband, while we were fighting against the ridiculous arrest warrants Malta and its ally, corrupt Cyprus, had issued. So, the fundraising was obviously not about me becoming rich by fooling Maltese people.  I was right about Pilatus, that is a fact, confirmed by the Maltee FUAU. What is the Maltese Government waiting for ? They should give me whistleblower status immediately." 

How about it, Mr. Abela; what is your excuse now as to why you haven't lifted the arrest warrants and  granted whistleblower status to Maria ? The world needs to see the expert's report on the authenticity of the handwriting on the evidence. Or do you know that the Muscats will be incriminated by the information ? Extend Ms. Efimova whistleblower status or resign as prime minister.

 

 

Monday, September 6, 2021

IS REFORM TRULY COMING TO MALTA, OR IS IT JUST MORE SMOKE AND MIRRORS FOR THE UPCOMING ELECTION ?

Robert, Sucking Joe's Air  by COSIMO

 

Today's news in Malta, about the former EU Commissioner John Dalli reportedly about to face the music over old corruption charges, appears to signal a sea change in how justice is done in that now doubly-sanctioned island nation. And of course , it always comes back to Pilatus Bank. in March of 2020, we wrote  Iranian Man on Death Row, who switched IRISL's  Agency to John Dalli's Daughter, helped Set Up Pilatus Bank. We don't remember any outrage at that time about the brutal truth behind a Maltese politician described by an astute observer of the scene as "Slimy as a conger eel and Dangerous as a Shark." We certainly haven't seen any references to Mehdi Shamsdadeh lately in local media. You may also want to for back to April, 2020, and read this : Funding to form Malta's Pilatus Bank came from Zanjani/Monfared crew that Stole $2.2bn from Iran Sanction Evasion Proceeds.

The bottom line is this: Whilst the arrests and new investigation appear to be the New Malta, in our experience and observation,, these cases fester for years, during the so-called Compilation of Evidence. Even if there actually is a trial, years down the road, the appeals process takes additional years; al the bad actors will be in their eighties by then. Is all this a sham to blind the voters, so that they vote again for the corrupt Labour Party, while the really guilty evade arrest and prosecution ?

I have a personal barometer that will prove, once and for all, whether reform is actually happening in Malta. Follow me on this; if these two gross injustices, founded on corruption, are addressed, then I might concede that things are really changing:

1. Transfer ownership of the Times of Malta  to its true owner, the Strickland heir; set aside for fraud Mabel Strickland's last will, as being executed through Undue Influence.  This legal charade has gone on long enough.

2. Correct Dom Mintoff's criminal act, the nationalization of the Bank of Valletta,  by either compensating the original shareholders, or returning their stock to them. Personally, given the allegations that  rampant money laundering has occurred, connected to Pilatus Bank, that I have been hearing, my preference is to give them back the ownership that equity requires.

If Malta does not clean up these open wounds, I do not believe that reform has truly arrived in Valletta, and what that wise individual has said about Dalli, "Nothing will happen to him and nothing will happen to the Pilatus [Bank] directors, and even Yorgen  will walk free the next two years,"  will come true.

What do you say, Malta ?

 

 

 



Sunday, September 5, 2021

NOTE ABOUT THE MOBILE VERSION OF THIS BLOG

We regret to report that the mobile version of this blog no longer supports the use of the "Sharing" icon, making it impossible for us to directly email you individual articles are they are published. This means that, if you are on our unofficial mailing list, you will not longer be automatically receiving articles, and must access them manually.

EZL AND THE DZB MIDNIGHT EXPRESS

"File the Flight Plan for the DXB Ferry Flight"  by COSIMO

 

Whilst most of Malta is calling for the resignation or sacking of Justice Minister Edward Zammit Lewis,  a whistleblower  is calling for us to again take a hard look at EZL as Minister for Tourism, and his relationship with Ali Sadr Hashemi Nejad, especially Sadr's abrupt trip to Dubai, just hours after he was caught in the act leaving leaving Pilatus Bank, after making a midnight documents extraction.

Sadr's lawyers can play the innocence card all they want, regarding the US criminal case, but they cannot explain away their client's midnight run at Pilatus. which was filmed by local media. Assuming that the suitcases, which appear to have gone on board that MLA-DXB leg of the business jet flight, contained dollar-denominated financial instruments which were the Proceeds of Crime, Zammit Lewis could be charged with money laundering in the US, amongst other crimes. After all, EZL put the whole thing together; the allegedly empty "ferry flight," departing at an extremely convenient moment. And you thought Zammit Lewis bad acts were limited to his justice portfolio ? think again.

Add to this the suspicious, reportedly allegedly high payments from the company for "marketing" purposes. a portion which most certainly could have made their way back to EZL, as kickbacks for the award of a €4.5m contract, and you have a picture of Malta's former Minister of Tourism who belongs in custody, and not as a part of the present government.This man is a clear and present danger to Malta. Furthermore, as one of the nine sitting ministers holding over from the Muscat era, he should have been gone long ago.

Malta, don't keep your voters waiting; remove this individual from government office.


 


 


Saturday, September 4, 2021

SHOULD FATF NOW CONSIDER MALTA A FAILED STATE AND BLACKLIST IT ?

Joseph Drowning in his Foul Legacy by COSIMO

Time has passed since the Financial Action Task Force (FATF) Greylisted the Republic of Malta, but the needed reforms, which include the filing of money laundering and corruption charges against most of the present government's leadership, have not occurred. What is happening is a series of actions solely designed to keep the ruling Labour Party in power at the next election. We are not surprised, for meaningful reform would place at least a dozen PL leaders in prison for many years, seize their assets, which are mainly the proceeds of crime, and clean up Europe's most corrupt government.

Many expats have given up/ ""I'm not sure if there is a cure for Malta's incestuous cancer.The rot is too deep. I wish I could be more positive about the situation there, but I cannot see any light at the end of this sad island yet."  Most doubt that Malta will ever clean itself up.

It appears that only Tough Love will be effective; inasmuch as Malta imports most of what it consumes, if compliance officers at Europe's banks were faced with a Malta treated by the FATF in the same way as they must consider North Korea and Iran, international trade in consumer and manufactured goods to the country would soon slam to a halt. Since trading with the Middle East would be cost prohibitive, for the most part, a serious situation would result.

Malta would not last very long as the functional equivalent of North Korea, totally isolated; regime change would quickly ensue. Is such a radical idea now necessary ?

DON'T HOLD YOUR BREATH WAITING FOR THE ARREST OF PILATUS BANK DIRECTORS ; THEY ARE ALL GONE

 Malta; the Happily Misinformed Majority  by COSIMO

I understand that yesterday, most of Malta was anxiously awaiting new of the arrest of the Board of Directors of Pilatus Bank PLC; the wait was in van, but not for the reasons you might think. In truth and in fact, all of the members of the last Board of Directors of the bank are no longer residing or working in Malta. Of course, given that leaks from law enforcement to the criminal elite are to be expected in a country known to be infected with rampant corruption, so no surprises there.

Of course, many Maltese believe that, even if cases are eventually opened against the Pilatus directors, they will never go to trial, let alone reach a conviction and a prison sentence.  Years of intentional delay, (called "Compilation of Evidence," as it wasn't obtained before arrest) and most Maltese then forget about the cases. 

If you think Malta will ever extradite ANYONE for the Pilatus case, you have drunk too much of Joseph Muscat's Kool-Aid. No going to happen, although there will be a strong statement about the government's intention to do so, just before the next election. Unhappy with the usual Dog and Pony Show ? Then vote.



Friday, September 3, 2021

WHY DID ALI SADR USE HIS HONG KONG SHELL COMPANY TO FILE HIS PILATUS BANK DISCOVERY APPLICATION ?

 

 

While it was no secret that Ali Sadr Hashemi Nejad's shuttered Pilatus Bank was ultimately owned by his Hong Kong shell company, Alpene Ltd., the fact that he brought a Discovery application in US District Court in Brooklyn, to aid in his new Arbitration claim against the Republic of Malta, through that entity, raises questions which we hasten to find answers to. 

The Arbitration is through the World Bank, via the International Centre for Settlement of Investment Disputes (ICSID).  The Citation is Alpene vs. Malta,  ICISD Case No.: ARB/21/36. The Respondents are Malta's Prime Minister, Minister of Justice, Minister of  Finance and Financial Services, and Minister of Foreign and European Affairs.

According to the Application, Alpene Ltd. is the "indirect owner" of Pilatus Bank PLC (a Malta company),by virtue of its 100% ownership of Pilatus Holdings Ltd., which owns Pilatus PLC. Do we know why the direct owner of the bank, Holdings, was not the applicant in the US civil suit seeking Discovery ? Maybe we can venture an educated guess or two. 

Perhaps Sadr's attorneys (not the same as those who filed the failed New Hampshire case) fear that naming Pilatus Holdings exposes bank ownership to a Motion to Intervene, by a third-party claimant. if Holdings filed the Application, it would subject itself to the jurisdiction of the US courts, making it fair game for creditors, prosecutors and regulators. Who knows who would be going after it.

Alternatively, perhaps the fact that Malta, in 2009, entered into a Bilateral Investment Treaty with the Peoples' Republic of China may be a strategic reason, given that the underlying case is an international arbitration, under the auspices of the World Bank, rather than a civil suit, and that fact may offer tactical advantages amongst the sitting arbitrators. 

 On the other hand, does bringing the Application through Alpene raise Standing issues ? Standing, whether a party has sufficient legal interest and injury to bring an action, might be raised by attorneys for Elizabeth McCaul, the individual from whom Discovery is requested in the New York case. I frankly do not know whether it would prevail, but I bring it up because you should expect all possible issues to be raised. 

Does Alpene Ltd. own Pilatus Bank to conceal the fact that the Ultimate Beneficial Owners include Iranians who are OFAC sanctioned ? We cannot say, but there's a reason in there somewhere that demands an answer. Sadr never specifically said who owns the bank; he just stated he is an owner.

Whether there is any merit to Sadr's attorneys' claims of misconduct in connection with the winding down of Pilatus should be decided in arbitration, free from the money laundering issues, but there are always political considerations in arbitration, whether they are apparent or not. It will be interesting to follow the arbitration after the Application is decided. 

You can, of course, expect strong opposition from Elizabeth McCaul's attorneys. They will take offense to the allegations of misconduct, as will the Maltese regulators who were named and shamed. Expect details about Pilatus Bank that have previously not been made public to surface.

Thursday, September 2, 2021

ALI SADR FILES ANOTHER DISCOVERY APPLICATION IN FEDERAL COURT IN THE U.S.

Police; Fast Move, Four Years later by COSIMO

 Ali Sadr Hashemi Nejad has initiated another Discovery proceeding in Federal Court in the United States, seeking documents and testimony to assist him in his pending claim against the Republic of Malta. He has filed the Application through ALPENE, LTD., a Hong Kong corporation that owns Pilatus Holding Ltd., a Maltese company, which in turn owns 100% of Pilatus Bank. Filed in the Eastern District of New York, the citation is In re Application of Alpene, Ltd.,  Case No.; 21-mc-2547 (EDNY).

A prior Discovery application, In Re Pilatus Bank PLC,  Case No.: 20-mc-00094-JD (D.N.H.2021), was dismissed on May 11, 2021, for failure to meet statutory requirements.

This Application, which seeks to collect evidence for use in an international arbitration proceeding against the Republic of Malta, and his pending before the International Centre for the Settlement of Investment Disputes, of the World Bank, Alpine reportedly filed its claim on July 2, 2021. It alleges that Malta, by seizing Pilatus' Assets, stripped Alpine of all its rights of ownership, which it them improperly expropriated. 

It claims Malta engaged in"wrongful, reckless and politically motivated actions," that Maltese officials  stripped the owner, managers and board members of their rights, and halted all banking transactions, whilst making false statements. A 20-page Memorandum of Law was filed in support of the Application.



it is further alleged that Elizabeth McCaul, in engaging as the Competent Person, Lawrence Connell,  who had no prior banking appearance, engaged him for a corrupt purpose, and had a conflict of interest due to her connection with Maltese regulators, Additionally, a purportedly lucrative legal fee arrangement was created with a local law firm, with exorbitant charges.  The Applicant, Alpene, wants to subpoena McCaul for deposition, and for the production of documents.

The Application was filed August 30, 2021, amidst the FIAU €5M Fine levied against Pilatus Bank, and the filing of criminal money laundering charges against former Pilatus Bank and its MLRO, Claude-Anne Sant Fournier, and it has added still more craziness to an already chaotic Maltese legal scene. In fact, some of the pleadings are dated yesterday, September 1, when everything went south for Pilatus. What weight the United States Magistrate Judge will give to these other proceedings is unknown at this time.

The Horrors in Malta keep getting Bigger and Worse by COSIMO


 There is also the possibility that Ali Sadr Hashemi Nejad himself will be charged in Malta; in fact, he may have already been the subject of an arrest warrant, according to Maltese media. Rumours appearing in Maltese media claim arrest warrants were issued two days ago against a large number of targets.

When Ms. McCaul retains counsel, and she appears in this case, we shall further update our readers. 


PILATUS BANK MLRO, ARRESTED TODAY,WAS WARNED; BANK ALSO CHARGED


 Malta is on fire; Claude-Anne Sant Fournier, the Money Laundering Reporting Officer (MLRO) at the now closed Pilatus Bank, was arrested today on money laundering charges; the bank itself as also charged, and rumours are flying around Malta of still other arrests of Pilatus officers and directors that are pending. She is being released on bail, under somewhat strict conditions.

We asked Maria Efimova, who worked with her at the bank, though they were not friends, about her involvement. She stated  " as a colleague, I warned her many times about illegalities taking place in the bank." when asked whether Sant Fournier was a tool used by Sadr, she replied "absolutely."  She allegedly followed all of Sadr's orders to the letter, notwithstanding her responsibilities as MLRO


The defendant in court today, Note appearance

.Maria recognizes that there is a human cost to the arrest, " I feel sorry for her. She has young kids/"  but is not afraid to place blame where it belongs, "The greed took over her."  It is not known how much she financially benefitted from her position, but it will certainly be a factor in her sentence.


Drawing by COSIMO

Media reports say she might be cooperating with the authorities. Since she would have been a witness to all the suspicious transactions conducted by Maltese PEPS, her testimony will be vital in any future prosecution of senior government officials for corruption.


Wednesday, September 1, 2021

MALTA'S WHISTLEBLOWER COMMENTS ON THE €5m FIAU FINE IMPOSED AGAINST PILATUS BANK



Maria Efimova, the central figure in the unmasking of Pilatus Bank as a money laundering machine, in an exclusive interview, has reviewed the multi-million Euro fine levied upon Pilatus Bank by the FIAU, and has made some very incisive remarks upon the subject. Perhaps now Malta will listen to her.

Her first comment was right on the money, "Yes, I saw the news. Malta seems to forget who informed them about Pilatus." She was the first to go public about the situation at the Iranian-owned bank, whose EU banking license was obtained under unusual "fast-track" circumstances, for an owner with no prior experience managing  financial institutions.


She  correctly has concluded "They fined Pilatus. that probably means that they are not going to prosecute its directors. I would prefer for the bank directors to be charged." The failure of the Malta Police to initiate criminal charges, after its leader publicly stated that they would soon be filed, has been on the minds of many observers of Malta's legal system, where justice is frequently delayed, intentionally, for years, until it fades from public discourse. Again, the delay is believed to be the work of Joseph Muscat, for the purpose of concealing his government's involvement, in both licensing and delays in public disclosure of Pilatus' massive money laundering operations. 

She went on to say "The gravity and the extent of money laundering transactions facilitated by Pilatus Bank call for much more than just a fine. Obviously, the bank directors will be arraigned and charged. Malta was very quick to arrest me for "Defamation of Police Officers" (European arrest order) and the Egrant Farce-of-Inquiry (Perjury my a**), but it is surprisingly slow in getting people who had laundered millions for Azerbaijan."

Regarding Joseph Muscat and Robert Abela, "Former Maltese prime minister covered the bank during the years 2017-2018; he approved Pilatus attempts to silence me and Daphne Caruana Galizia. The new prime minister is no better; by denying me whistleblower status, he covers the guy who has covered Pilatus. we should stop treating government ministers as kings; they are public servants, paid by citizens, and nothing more. "



 Finally, Maria has some words of encouragement for Malta,  " 5 Million Euros will do good to the Maltese Treasury, but it won't help the country's reputation.Malta is a laundromat of funds stolen from other countries. It is a pity, since Maltese people are bright ad educated; they could easily do without this dirty money. I admire those who don't give up and keep fighting against greedy bastards. We are stronger than them because we are not enslaved by money."

Wise words from Malta's whistleblower, still forced to remain outside the country, where her testimony would certainly bring down the corrupt regime that refuses to grant her immunity. She is Malta's conscience, but nobody is listening.






VICTIMS ALLEGE THAT FAY SERVICING ATTORNEYS MADE MATERIAL MISSTATEMENTS OF FACT IN FORECLOSURE PROCEEDINGS



The recent US District Court decision of King vs. Whitmer, Case No.: 20-113134 -LPV-RSW (E.D. Mich. 2021), in which attorneys for former President Donald Trump were sanctioned, and may ultimately be disbarred, for deceiving the Court regarding statements of nonexistent voting fraud, might be instructive in reigning in certain California attorneys representing the beleaguered mortgage servicing firm, Fay Servicing LLC. Fay has been in the news in recent years, due to what its detractors assert are illegal foreclosure methods, foreclosing upon residential mortgage while at the same time lading homeowners to believe that their application to modify the terms of their debt are under consideration. 

The Consumer Financial Protection Bureau (CFPB) sanctioned and fined Fay ( $1.15m fine) for its actions, which it held were "illegal foreclosure practices." (https://www.consumerfinance.gov/documents/4820/062017-cfpb_Fay-Servicing-consent-order.pdf).

Homeowners, who have been the subject of what they allege are sharp practices by California attorneys representing Fay, claim that the lawyers in foreclosure cases make material misstatements of fact to the Court. They allege that they are also being deceived by those attorneys, and therefore do not engage an attorney to protect their rights at a critical time.

While we recognize that Fay Servicing's lawyers are obligated to zealously represent their client's interests, that does not extend to making statements to judges in foreclosures cases that are patently untrue, to gain and advantage. Lawyers are Officers of the Court, and are required by their rules of ethics to refrain from making statements of fact that they know to be untrue.

While the victims have not yet publicly named the specific lawyers they have accused of misconduct, They have previously identified attorneys who represent Fay Servicing on this blog. We cannot confirm whether these attorneys are included in the group accused by victims of misconduct, and since proceedings filed in the State of California, for violations of the rules of Professional Conduct, are confidential while under  active investigation, and since we do not know which Fay lawyers, if any, are the subject of any victim complaints, we will have to wait for the results from the State Bar of California to verify their identities. (See www.calbar.ca.gov.) 

The Fay Servicing attorneys that victims have identified thus far are are  ARNOLD L. GRAFF and  KRISTINA M. PELLETIER. Again, we emphasize that the names of the specific attorneys who allegedly committed misconduct have not been publicly disclosed to us, nor have we any information on any flings to date by victims with the State Bar of California.

We shall be closely monitoring this matter, and shall report back to our readers on all developments as they occur.
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