On June 29, 2012, the High Court of Justice in London issued a Decision concerning the civil claim filed to the Court by Arkady Gaydamak in order to induce Lev Leviev to fulfil Leviev’s trust obligations towards Gaydamak in accordance with the Trust Agreement signed on December 13, 2001 and given for safekeeping to the so-called Chief Rabbi of Russia Berel Lazar.
Despite the fraudulent denial of Lev Leviev who stated in the Court that the Trust Agreement of December 13, 2001 never existed, and despite Rabbi Berel Lazar knowingly fraudulent statements that he never received the signed copy of the Trust Agreement for safekeeping, the Court, after detailed examination of the facts, issued his Decision:
“§ 257. For the reasons I [Justice Vos] have given, I find that the 2001 Agreement was indeed signed by Mr Gaydamak and Mr Leviev, and was a valid and enforceable agreement.
But, the parties entered into a valid and binding Settlement Agreement which took effect on 6th August 2011, whereby each party released all claims against the other.”
While the Court unambiguously stated that Leviev, Rabbi Berel Lazar and all witnesses from Leviev’s side lied to the court and presented to the Court fabricated documents in order to deny the existence of the Trust Agreement, Justice Vos “surprisingly” recognized the validity of 3-pages Settlement Agreement that was signed by Arkady Gaydamak and Lev Leviev.
In the course of the hearings, the Court recognized the following facts:
* The text of the Settlement Agreement was exclusively prepared by Leviev’s London lawyers and then remitted by Leviev to General Kopelipa,
* Arkady Gaydamak was never informed and was never acquainted with the content of the Settlement Agreement,
* The Settlement Agreement was signed in the middle of the night in the Luanda (Angola) hotel room of Gaydamak where to General Kopelipa went himself,
* Arkady Gaydamak never saw Leviev to sign, on his side, the Settlement Agreement,
* The individual who requested and induced Gaydamak to sign the Settlement Agreement with not a single amendment from Gaydamak’s side is the State Minister of Angolan Government, General Kopelipa, in charge of secret services and police,
* The General Kopelipa and Leviev are business partners in multibillion dollar transactions in the frame of the companies known as “China-Sonangol”, “88 Queensway Group”, etc., where are also involved Messrs Sam Pa, Pierre Falcone, Manuel Vicente,
The General Kopelipa unambiguously “made understand” that, if Gaydamak will not sign the Settlement Agreement, Gaydamak will never leave Angola.
While Justice Vos doesn’t argue with all those facts related to the circumstances of the signature of the Settlement Agreement, and found them cogent, and even stated in § 222 of his Decision: “… Had Mr Gaydamak persisted in arguing with General Kopelipa that the Settlement Agreement was not binding, I find it inconceivable that the General would have allowed Mr. Gaydamak to take his new passport and leave the country.
After all, it was General Kopelipa who seems to have invested the most effort to see that the Settlement Agreement was concluded.”
It is obvious that the signature of Arkady Gaydamak on the Settlement Agreement of August 6, 2011, was extorted under the threat to life. Gaydamak was induced under the threat to life by the close business associate of Leviev, General Kopelipa, to sign the Settlement Agreement.
By the UK and also the US trust legislation, the Trustee (Leviev) in no circumstances is able to become an owner of the Beneficiary’s (Gaydamak) assets.
The Trustee can dispose of the assets of the Beneficiary only by paying to the Beneficiary for his assets the adequate value. Only then the trust relationship can be terminated.
Thus, the Decision of Justice Lord Vos of June 29, 2012, confirms the existence and validity of the Trust Agreement of December 13, 2001.
Nevertheless, in order to favorite Lev Leviev, and because the Trust Agreement between Leviev and Gaydamak cannot be cancelled with respect to the law, the Justice Lord Vos made a “surprising” decision by confirming the validity of the Settlement Agreement. In accordance with the Settlement Agreement of August 6, 2011, Gaydamak, in exchange for nothing, simply authorizes Leviev to keep under his control Gaydamak’s assets created in the frame of the trust relationship.
(It should be noted that the multibillion dollar businesses of Leviev related to the Angolan entities initially were financed exclusively by Gaydamak).
Currently, it became obvious that Leviev invested in the US assets related to the Angolan entities, i.e. assets under the Trust Agreement between Leviev and Gaydamak.
These assets are related and managed exclusively by Leviev without any awareness of Gaydamak. Leviev and his accomplices in the frame of the activity of the companies “China-Sonangol”, “China Investment Fund”, “88 Queensway Group” unambiguously:
* Embezzled Angolan state assets
* Invested those assets particularly in the US without declaring to the authorities the real origin of the invested funds
* Invested, inter alia, in the US, the assets belonging to Gaydamak in accordance with the Trust Agreement and embezzled by Leviev
* The real estate transactions in the US were made by Leviev through the public companies with the obvious breach of “self-dealing regulations” (The former CEO of “Africa-Israel USA” filed a claim against Leviev in the US Court for the breach of “self-dealing regulations” and thus was fired.
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