Saturday, May 23, 2020
Friday, May 22, 2020
THE GOVERNMENT MOVES TO DISMISS DERIPASKA'S SUIT AGAINST TREASURY & OFAC
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| Putin and Deripaska |
For those who are not familiar with this case, first read this letter, responding to Russian Oligarch Oleg Deripaska's request for the evidence which OFAC relied upon in enacting sanctions against him.You will want to pay special attention to Page 3. After the document, we have summarized the Government's position in its Memorandum in Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment.
Briefly, the Memorandum makes these points:
(1) OFACs designation of the Plaintiff was not arbitrary and capricious, and is fully supported by the Administrative Record. The designation satisfies the Administrative Procedure Act standard, and its denial of Plaintiff's request for delisting satisfies the APA standard. OFAC acted within the scope of its authority, purauant to the IEEPA, when designating the Plaintiff, who was provided with sufficient notice under the APA.
(2) Plaintiff has no standing to make a Due Process challenge, due to being a foreign national who has not demonstrated a presence in the United States. Any Due Process claims he might have fail because the Defendant's administrative procedures provides sufficient Due Process protections.
(3) Plaintiff lacks standing to challenge the sufficiency of the Countering America's Adversaries Through Sanctions Act (CAATSA) Report to Congress, which is not subject to judicial review, nor subject to additional notice as to why he was identified as an Oligarch. CAATSA was not a sanctions list, but a naming of Russian Oligarchs
Cases similar to this set of facts are generally dismissed, or Summary Judgment entered for OFAC, as generally there is no material dispute on the facts, and the Defendant is entitled to judgment as a matter of law. We do not expect the outcome to be any different , but an appeal is definitely expected.
NIGERIAN MONEY LAUNDERER SENTENCED TO 54 MONTHS IN WISCONSIN
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| Emanuel Odiah, arrest photo, Kaufman County, TX. DOB 1/6/1987 |
A Nigerian laundryman, committing crimes while in the United States on a visa, moving money for a numbe of fraudsters in Nigeria and Ghana, was sentenced to 54 months in Federal Prison in Madison,Wisconsin. EMMANUEL ODIAH, also known as James princeton and Ryan Greg Morrison, working for criminal organizations involved in computer, based fraud schemes, including romance fraud, collected, concealed and redirected criminal proceeds, in exchange for a percentage as his fee. He apparently was operating for a time out of Dallas, Texas.
Odiah pled guilty to Conspiracy to commit Money Laundering, in connection with the various wire-fraud schemes. He used several fraudulent passports under his aliases. Research Note: United States vs. Emmanuel Odiah, Case No.: 19-cr-00081 (WD WI).
Thursday, May 21, 2020
CHINESE NATIONAL SEEKS TO DEFRAUD US OUT OF $20m in COVID-19 LOAN FUNDS
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| MUGE MA a/k/a HUMMER MARS |
A Chinese national residing in the United States was arrested on multiple Federal fraud charges after he attempted to illegally obtain $20m, through COVID-19 small business loan programs. The defendant, MUGE MA, also known as HUMMER MARS, sought government-guaranteed loans "by means of false and fraudulent pretenses."He made false representations, alleging that some of his company's business possessed a vendor contract with the State of New York to supply test kits and personal protective equipment, when he was not a registered vendor.
Ma falsely claimed that he had hundreds of employees, and presented fraudulent and doctored banks records, tax record, insurance records, payroll records, and audited fonancial statements to five lender banks. He misrepresented himself as a US citizen, when he is only a permanent resident.
The charges filed thus far:
1. Bank Fraud.
2. Wire Fraud.
3. Making False Statements to a Bank.
4. Fraud against the United States.
5. Making Fale Statement to the Small Business Administration.
The total maximum sentence these counts carry is 107 years, according to the US Attorney's Office in New York.
Readers who wish to review the Sealed Criminal Complaint may access it here.
SENIOR LEADER OF ISIS ARRESTED BY IRAQI SPECIAL FORCES
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| Photograph released by Iraqi National Intelligence Service |
ABDUL-NASSER QARDASH, whose real name is AL-HAJ ABDULLAH QARDASH*, and who was previously named as the chosen candidate to succeed the deceased Abu bakr al-Bagdhadi, as the leader of the so-called Islamic State (ISIS), has been arrested in a raid conducted by officers of the Iraqi Special Forces, according to the Iraqi National Inteligence Service. He is the highest ranking ISIS leader to be captured to date; Qardash ran ISIS after Bagdhadi's death, until the organization chose ABDUL-RAHMAN AL-MAWLA.
Qardash was nicknamed "The Professor," due to the fact that he had attended Mosul University. He formerly served in the army of Saddam Hussein and in AQ before meeting Baghdadi in prison at Camp Bucca. Reports say Rewards for Justice has posted a $5m for his capture. As we have previously indicated, there are a number of ISIS High-Value Targets being actively sought by the United States.
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* Also known as HAJI ABDULLAH AL-AFARI.
STILL NO RULING IN GOVERNMENT APPEAL OF FORFEITURE IN WAKED HATUM CASE
If you were wondering why the Eleventh Circuit Court of Appeals has not yet ruled in the Government's appeal of an adverse ruling regarding forfeiture in the Nidal Waked Hatum case, you are no alone. Since Oral Argument was heard on February 11, there has been no court activity. The District Court judge declined to enter the $10m forfeiture order that the Government wanted after the defendant took a plea in Miami, and argued on appeal that the entry of a forfeiture judgment was proper.
The defendant has already served his sentence and returned to his native Panama; he was not convicted of the more serious charges filed against him, and the Court may have decided to seize upon that fact as sufficient authority to refuse to enforce a Forfeiture, though it does appear such a judgment is mandatory.
The Waked Money Laundering Organization is a major player in the illicit laundering industry that exists in Panama, owning several major local legitimate businesses, including a leading newspaper, and a forfeiture judgment would give the US Department of Justice a powerful tool to attack and seek to dismantle it.
Wednesday, May 20, 2020
AI SADR'S ATTORNEY COMPLAINS GOVERNMENT HAS FAILED TO DELIVER DISCOVERY
The attorneys for convicted Iranian sanctions evader, Ali Sadr Hasheminejad, have notified the Court, by letter, that they still have not received the Discovery which was promised to them by the Government, and all of which is being late produced, post-trial. In a detailed letter, specific items are listed, and the tenor of the letter indicates that counsel is attempting to draw the Court's attention to the delay. While not asserting that Bad Faith is present, the letter does accuse the Government of delaying defense filings relating to the Motion for Acquittal and Motion for a New Trial, due to its tardy and incomplete response to defendant's requests.
Given the massive amount of incriminating evidence adduced at trial, we find it hard to believe that there is any reasonable chance the requested documents and transcripts will rise to the level that, had they been properly produced before trial, the defendant would have been acquitted. We suspect that counsel is seeking to build a record for the expected appeal, much as the possible reason why they filed a half-dozen pretrial motions, none of which were granted.
It is not known whether there are issues involving classified information contained in the summaries that have not been produced, or whether some of the notes requested are exempt from Discovery under the Work Product Doctrine, but the Government's response to this letter may answer those questions.
Given the massive amount of incriminating evidence adduced at trial, we find it hard to believe that there is any reasonable chance the requested documents and transcripts will rise to the level that, had they been properly produced before trial, the defendant would have been acquitted. We suspect that counsel is seeking to build a record for the expected appeal, much as the possible reason why they filed a half-dozen pretrial motions, none of which were granted.
It is not known whether there are issues involving classified information contained in the summaries that have not been produced, or whether some of the notes requested are exempt from Discovery under the Work Product Doctrine, but the Government's response to this letter may answer those questions.
EXTRADITED CEO OF IRANIAN SANCTIONS-BUSTING PAYMENT24 APPEARS IN FEDERAL COURT IN MINNEAPOLIS
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| Shahidian and Vali |
PAYMENT24 is an Iranian Internet-based financial services company whose specific mission is to construct fictitious schemes that allow Iranians to evade US sanctions, conducting prohibited financial transactions, and make online purchases from American firms, especially computer servers, software licenses, and software. This week, Payment24 CEO and founder SEYED SAJJID SHAHIDIAN was extradited from the UK, and had his First Appearance in US District Court in Minneapolis.
A 2018 indictment (18-cr-00308-PJS-KMM) , against Shahidian, Payment 24 and fugitive COO VAHID VALI, was unsealed, charging:
1. Money Laundering Conspiracy
2. Wire Fraud
3. Aggravated Identity Theft
4. Conspiracy to Defraud the United States
5. Conspiracy to Commit Wire Fraud
Payment24 offered its Iranian clients a complete bogus identity package that allowed them to deceive American companies, including but not limited to a remote Emirates IP address, PayPal Account, Visa gift card, and sufficient identification documents to allow then to make purchases undetected as Iranians in Iran.
Readers who wish to review more information about this case may access the indictment here.
Tuesday, May 19, 2020
LEBANON ARRESTS SENIOR CENTRAL BANK DIRECTOR FOR MONEY LAUNDERING AND CURRENCY MANIPULATION
Lebanon's financial prosecutor,Ali Ibrahim has announced that Mazen Hamdan, the Director of Cash Operations at Banque du Liban, the country's Central Bank, has been arrested and charged with money laundering and currency manipulation and money laundering. The defendant allegedly weakened the Lebanese Pound on the black (parallel) currency market, by purchasing dollars from bureaus of exchange. The Central Bank has denied that any criminal activities occurred.
The Lebanese Pound, officially set at 1507.5 to one US Dollar, has fallen on the parallel market to as much as 4500/Dollar, in a serious fiscal crisis that has forced Lebanon to seek a $10bn loan from the International Monetary Fund.
IRAN SENTENCES TWO MONEY LAUNDERERS TO DEATH
It seems that the Peoples' Republic of China is not the only country meting out death sentences for money laundering. Multiple reports from Iran have confirmed that the Anti-Corruption Court has sentenced an Iranian couple to death for money laundering offenses. The defendants, VAHID BEHZADI and his wife, NAJVA LASHEIDAEI, are accused of smuggling hard currency, and of laundering $200m. The source of the information, which is believed to be accurate, was a government spokesman, making a public announcement.
law enforcement authorities are said to have confiscated approximately 30 kilograms of gold from the defendants, and claim that they purchased 6700 automobiles from SAIPA (SocÃeté Anonyme Iranienne de Production Automobile), Irans second-largest automaker. apparently, automobile sales were the technique used to move funds and launder currency. A former SAIPA Chief Executive Officer, MEHDI JAMALI, received a seven-year sentence in connection with the case.
Two other individuals received lesser sentences: FEREIDOUN AHMADI and MOHAMMAD AZIZI both received five-year sentences; these defendants are said to be Iranian lawmakers, from the city of Zanjan. The convicted money launderers have twenty days to file an appeal of their sentences, though Iranian courts are well known to respond to political pressure, and often depart from the Rule of Law on orders from government officials.
Monday, May 18, 2020
READ CFIUS PUBLIC ANNUAL REPORT TO US CONGRESS
If you are engaged in calculating Country Risk, you will want to read the latest report to Congress from the Committee on Foreign Investment in the United States (CFIUS), to assist you in your assessments. Readers may access the complete CFIUS PUBLIC ANNUAL REPORT here.
CONVICTED CO-DEFENDANT IN NG LAP SENG BRIBERY CASE SHOWS UP AS PART OF DOMINICAN DIPLOMATIC CONTINGENT
Remember Francis Lorenzo* a/k/a Frank Lorenzo ? He was one of the defendants in the United Nations bribery (FCPA) trial of Chinese billionaire Ng Lap Seng, who took the Dominica diplomatic passport he bought under the table from corrupt officials as his ticket into the UN, and subsequently tried to bribe members of the organization to designate a building in Macau that Seng planned to build as the official UN South-South Conference Center, with an annual on-site conference planned.
Lorenzo cooperated extensively with law enforcement agencies of the United States, and as a result he was sentenced to just "Time Served" after his bribery and money laundering conviction, meaning he was in prison for approximately twenty days. It did cost him financially ($250,000), but he basically escaped serving any significant prison time. He also is required to perform Community Service.
Apparently, the United Nations, whose General Assembly President he bribed, has no prohibitions regarding convicted felons serving as diplomats therein, for an alert journalist who covers the UN beat spotted Lorenzo recently, serving as a part of the diplomatic contingent from the Dominican Republic. The very public nature of the Seng Un bribery case means that the details of his conviction
was well known to UN officials, yet they allowed Lorenzo to continue to serve as a member of the diplomatic corps from the Dom Rep. What's wrong with this picture ?
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United States vs. Francis Lorenzo, Case No.: 15-Cr-706 (SDNY).
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