More Dan Gertler and Glencore – WSJ

gertlerkabila-e1475244619953

LostMessiah – The Gertler, Fleurette, Katumba, Glencore…. Reported Long Ago

To our faithful readers and to the journalists and law enforcement who read our pages: 

We uncovered the abuses portrayed long ago. For a look into our investigations into Dan Gertler, Fleurette,  the death of Katumba, Glencore, the various violations and other unsavory practices, please go into our search bar and search the names. We reported about these issues nearly 2 years ago.

LM

Glencore-Controlled Miner to Be Fined by Canadian Authorities Over Congo Ops

Regulator expected to allege Katanga Mining hid risks of doing business with Israeli diamond merchant closely linked to Congolese President Joseph Kabila

Glencore GLNCY -3.44% PLC-controlled mining company and some of its current and former directors and executives have agreed to pay more than $22 million to settle Canadian allegations that they hid the risks of doing business with a controversial Israeli businessman closely linked to Congolese President Joseph Kabila, according to a person familiar with the matter.

The expected settlement between the Ontario Securities Commission, Canada’s biggest stock-market regulator, and Toronto-listed Katanga Mining Ltd. KAT -1.56% is related to the company’s business activities in Congo between 2014 and 2016, the person said.

The regulator is expected to name several of Katanga’s current and former executives and directors in the settlement and will focus, at least in part, on Katanga’s longstanding ties with Dan Gertler, the Israeli businessman who first invested in Katanga alongside Glencore in 2008, the person said.

The OSC is also expected to allege that Katanga lacked proper internal financial controls, leading it to overstate copper production and understate mining costs, potentially inflating the miner’s performance, according to the person familiar with the matter.

Glencore owns about 86% of Katanga. In 2017, Glencore purchased Mr. Gertler’s stakes in Katanga and another giant copper mine in Congo.

The settlement is expected to name Glencore’s former representatives on Katanga’s board, according to this person. Those individuals include Aristotelis Mistakidis, one of Glencore’s most senior executives and two other Glencore executives, Liam Gallagher and Tim Henderson. All three stepped down from the board in November 2017 after Glencore and Katanga confirmed the Canadian investigation. The probe was first reported by The Wall Street Journal.

Katanga said at the time it was shuffling the board to address weaknesses in its controls over financial reporting. Earlier this month, Glencore said Mr. Mistakidis would retire at year-end.

Katanga and the named individuals have agreed to jointly pay a fine of more than 30 million Canadian dollars ($22 million) to settle the allegations, according to the person.

The people named in the OSC settlement will be banned for certain periods of time from acting as a director or officer of a publicly traded company listed in Ontario, the person said.

The settlement is expected to be announced as early as this week. A panel of the OSC must approve any settlement agreement at a public hearing for it to take effect.

It’s unclear whether Katanga and the individuals admit to wrongdoing in the settlement.

Katanga Chief Executive Johnny Blizzard has also agreed to resign as part of the settlement, the person said.

Katanga’s settlement represents another reputational hit for Glencore and its operations in Africa. In July, the London-listed mining giant said it had received a subpoena from the U.S. Justice Department demanding records related to its compliance with American antibribery and money-laundering laws in Congo, Nigeria and Venezuela.

The Wall Street Journal reported that a focus of the probe is Glencore’s ties to Mr. Gertler.

Mr. Gertler in recent years has become a lightning rod for controversy. In 2016, he was a central figure in a $412 million settlement between the U.S. Justice Department and the Securities and Exchange Commission with New York hedge fund Och-Ziff Capital Management Group LLC. A businessman people familiar with the matter said is Mr. Gertler paid more than $100 million in bribes to Congolese government officials, including Mr. Kabila, to get beneficial terms for deals in the Central African country, the DOJ and SEC alleged.

A spokesman for Fleurette Group, Mr. Gertler’s main company in Congo, said it “has always acted appropriately and with integrity in the DRC. Nothing has ever been proven against the company or its executives in a court of law.”

A year ago the U.S. Treasury Department sanctioned Mr. Gertler, alleging he traded on a friendship with Mr. Kabila to amass a fortune through “opaque and corrupt” deals on behalf of multinational companies seeking to do business in Congo. Mr. Gertler has denied wrongdoing and has declined to comment on the Treasury allegations and Justice Department investigation.

The OSC is expected to allege that Katanga breached Canadian securities law by not disclosing the risks it faced by relying on Mr. Gertler to maintain relationships with Mr. Kabila, Congo’s president, according to the person familiar with the matter.

To continue reading click here.
Advertisements

Dan Gertler, the Systematic Destruction of Obstacles and the Lawyers Involved – The Gertner Brothers – PART I

THE SYSTEMATIC DESTRUCTION OF MOISES GERTNER AND HIS BROTHER BY DAN GERTLER, HIS LAW FIRMS, HIS PR FIRMS HIS RELATIONSHIPS AND A SERIES OF COMPANIES, TRUSTS AND PARTNERS

LostMessiah – 23 June 2017

Earlier this week we published an article regarding Dan Gertler which made reference to a series of other articles, including to a blog post of paramount importance entitled: “Exposing African Mafia and Corruption” in a Blogspot – Purifying Africa. Interestingly the information published by Purifying Africa, though a series of what appears to be leaked emails from a law firm, seems to have been largely ignored by mainstream media. We believe it speaks volumes to the extent to which the Gertler empire will go to destroy its perceived adversaries.

The emails include correspondence written by an attorney by the name of Dory (Avigdor) Klagsbald of a law firm in Israel. The parties who are cc’d or otherwise mentioned in those emails include attorneys with Mishcon de Reya LLP, a series of consulting firms (namely public relations firms), and attorneys from Millbank, Tweed, another law firm. 

The sole purpose of those emails appear to be outlining a strategy to unwind an individual voluntary arrangement (IVA) which was a negotiated agreement between Islandic Bank Haupthing and the Gertner brothers for repayment of a loan at what was to have been an undisclosed amount. That effort continues and has all but destroyed Moises Gertner.

It should be noted that much of the alleged payments of that loan and corresponding guarantees are in the form of interest and fees. We believe the current claims by CFL are tantamount to extortionery at this juncture, particularly since these events have dragged on for years and there were agreements in place to settle many of those loans. CFL Limited has sought and continues to seek systematically to undo formerly agreed upon settlements (Case No. 3482 of 2015 / BR-2015-02338).

The emails between Dori Klagsbald in our analysis refer in no uncertain terms to a methodology for undoing the IVA and dragging the Gertner brothers’ names through the silt, with what can only be deemed to be a carefully constructed PR campaign (steps to be taken “if necessary”).  The party in whose interest this carefully crafted scheme has been devised, is an Israeli owned company CFL Finance (a Dan Gertler company). CFL was in 2015 allegedly owed only 12Million Pounds, a paltry amount in comparison to the 557M pounds that was the subject of the IVA and the agreed repayment to Haupthing. Again, to reiterate much of the currently disputed money is comprised of interest and penalties. The fact that it is still ungoing and leaves the Gertner brothers in a constant stated of disquiet is likely of greater value to Gertler.

We reiterate the articles and the historical context should not be taken in a vacuum. In fact, we contend that the death of Katumba , the information regarding the Fleurette Group, Glencore Plc, Ellesmere Global (BVI) can similarly not be read exclusive of the other articles and the timeframe involved. When read in context with an earlier published Ha’Aretz article and dozens of other articles and publications, it is abundantly clear that Dan Gertler, along with his attorneys and public relations firms, has since at least 2013 made concerted and systematic efforts in no uncertain terms to destroy anyone or anything that stands in the way of his constantly increasing wealth.

In the case of the death of Katumba, we can only speculate. In the ongoing legal battles against Moises Gertner and his brother who were at one time business partners of Dan Gertler, we maintain that Gertler was and continues to be intent upon decimation and they continue to be his victims.

We begin describing this saga by re-posting the 42 screenshots taken from the Purifying Africa Blogspot.

We will continue by slowly introducing the cast of questionable figures including another character in this case of Gertler v. Gertner, an Israeli lawyer named Yaakov Weinrot. We note Mr. Weinrot claims to have been owed many millions of dollars by the Gertner brothers, was apparently hired by them in the context of their dealings in the Congo; but also apparently participated in the smear campaign against them on behalf of Dan Gertler. We leave that piece for another day.

Our sources are publicly available. As many of the articles state, the Congo is one of the worlds most mineral-rich countries. And yet, it is the poorest and least developed. The Congolese people are the victims of extraordinary greed, the greed of their government, the greed of so-called “investors” like Dan Gertler and the corresponding corruption and fraud.

Finally, we note in the interest of full disclosure that we have not independently investigated the Gertner brothers on their other dealings, most of which appear to have been real estate investments. We have found significant evidence of charitable giving but make no judgment one way or the other. We firmly believe them to be victims of Dan Gertler and his  ‘mafia’ of attorneys, PR firms, and co-conspirators. We write the series of exposés in the hopes that perhaps the Gertner brothers and numerous other victims of Dan Gertler and his associates’ greed will find justice.

The Images:

 

 

With Israeli Billionaires Profiting From Human Capital in Congo, What Responsibility do they Play?

 

Congo rights group: Army kills 12 rebels after Beni attacks

BENI, Congo — Congo’s army fought off attacks in and around the eastern city of Beni on Thursday, killing at least 12 assailants and capturing seven, a local human rights group said.

Two soldiers also were killed in the fighting and several people were wounded, including students taking exams, said Omar Kavota, executive director of the Center for Studies of Peace and Defense of Human Rights.

Kavota blamed a new rebel coalition for the bombing of a school and attempted attacks on a women’s prison, a police station and the town hall.

The death toll could rise as Congo’s military pursues other attackers, he said.

Beni Mayor Nyonyi Bwanakawa blamed the attack on Mai Mai rebels. Kavota, however, warned that a new rebel coalition has formed outside Beni after armed men on June 11 attacked the city’s central Kangbayi prison, killing at least 11 and freeing 900 prisoners.

The new coalition, which Kavota called the National Revolutionaries Movement, is likely composed of rebels from the Mai Mai, Allied Democratic Forces and former M23 members who escaped prison.

Kavota said the new coalition may have external political and military support, given the logistics of the attacks, and he called on the government and military to quickly dismantle the group.

Kavota, whose organization tracks civilian deaths in the region, also called on the military to increase protection of civilians and public places.

Eastern Congo is home to multiple armed groups that compete for control of the region’s vast mineral resources.

http://www.startribune.com/congo-rights-activist-says-army-kills-7-attackers-in-beni/430095063/

SEE ALSO:

NEW in the last 10 minutes
In the last hour
UN extends and expands sanctions on Congo South African Broadcasting Company 12:24
In the last 2 hours
In the last 4 hours
In the last 6 hours
In the last 8 hours
Earlier today

Yesterday
Congo peacekeepers accused of sex abuse to leave CAR Al Jazeera, Qatar 21:31 Wed, 21 Jun
UN Says Congo Withdrawing Troops From CAR Mission Voice of America 21:25 Wed, 21 Jun
Supporting the Democratic Process in the DRC Voice of America 20:25 Wed, 21 Jun
“Sexus Plexus Nexus” Pitchfork 14:00 Wed, 21 Jun
Turkish deputy PM hails Turkey-Congo relations Anadolu Agency 13:44 Wed, 21 Jun
‘UN unable to solve the crisis in DRC’ Deutsche Welle 13:02 Wed, 21 Jun
Phil Clark: UN un able to solve the crisis in DRC Deutsche Welle 12:42 Wed, 21 Jun
Understanding vaccine derived polio outbreaks Rotary International 11:30 Wed, 21 Jun
Congo’s Escalating Political Crisis Sends Millions Into Exile The Wall Street Journal 06:19 Wed, 21 Jun
The DRC can learn from Lumumba as its internal crisis deepens Mail & Guardian Africa 05:49 Wed, 21 Jun
First Cobalt announces Kipoi East exploration program Energy Business Review 04:30 Wed, 21 Jun
Civilians bear the brunt of fresh fighting in DRC Al Jazeera, Qatar 03:17 Wed, 21 Jun
Tuesday
Congolese Militia Is Accused of Atrocities The New York Times 22:23 Tue, 20 Jun
No aid for Kasaï crisis victims in the DRC New Vision, Uganda 17:54 Tue, 20 Jun
Sexual Violence Fuels Vicious Recruitment Cycle in Congolese Militia Inter Press Service News Agency 16:04 Tue, 20 Jun

 

The Death of Katumba?- a Billionaire Financier’s 29,900%, Congo, Fleurette, and a Funeral Embrace

gertlerkabila-e1475244619953

Questions for our Readers to Ponder:

Was the death of Augustin Katumba Mwake in 2012 an accident?

Is what appears to be a very close relationship between Joseph Kabila, (who wrested control of Congo after his father was assassinated) and Dan Gertler deniable?

Had Dan Gertler as of 2014 really attracted $7 billion worth of investment in the Congo (as he claimed to critics then) or simply exploited the country for its resources, and the Congolese people for cheap labor?

How many of the events depicted in news today are attributable to the relationships that Mr. Gertler has with Kabila and the exchanges that have been made for mining rights?

 

DRC mining billionaire turns 29,900% profit on oil deal

Billionaire mining financier Dan Gertler has been accused by human rights group Global Witness of a strip and flip transaction in the Democratic Republic of Congo.

Bloomberg reports according to official records Nessergy, an oil driller owned by the Israeli businessman, paid $500,000 for 95% of Congo’s portion of the offshore block in 2006.

Congo’s government paid $150 million to buy it back last year, according to le Soft, a Kinshasa-based newspaper, but none of the details of the transaction has been made public despite DRC government regulations requiring large contracts involving the country’s natural resources be made publicly available within 60 days.

Bloomberg could not secure comments from either Nessergy nor the African nation’s Oil Minister, while Gertler’s financing firm, the Fleurette Group, said it is protected by confidentiality agreements with the DRC and Angola, which are jointly developing the field.

Reuters quotes a Fleurette spokesperson as saying the $500,000 signing bonus was “the standard amount companies paid to Congo for oil rights at the time the contract was agreed” and that the block’s value had risen sharply since discoveries in nearby Angolan fields.

It is not the first time Gertler’s name has been mentioned with regard to questionable natural resource deals in the DRC.

Gertler is the grandson of Moshe Schnitzer, Israeli diamond exchange founder, and arrived in the Congo in 1997 shortly after the military coup that put current president Joseph Kabila’s father in charge of the resource rich country which is almost the size of Western Europe.

Gertler is said to have used his relationship with the younger Kabila and his now late adviser Augustin Katumba Mwanke to bag mining projects “by stripping from others if necessary, only to sell them on at great profit.”

Now delisted Kazakh mining group ENRC, was forced to pay out $1.25 billion to Canadian mining firm First Quantum in 2012 after the DRC government expropriated First Quantum’s Kolwezi copper projects in the country only to sell them onto ENRC via Gertler.

ENRC acquired a 50.5% stake in Camrose, a company controlled by the Gertler family trust, for $550 million last year.

Camrose owns a stake in Africo Resources, listed in Toronto, which partners with DRC’s state-owned Gecamines in various copper-cobalt, gold and iron projects and dominates the DRC diamond trade.

Kabila has on occasion dispatched Gertler as special peace envoy for the DRC and Gertler answers his critics by saying he’s attracted $7 billion worth of much-needed investment to the war-torn country.

http://www.mining.com/drc-mining-billionaire-turns-29900-profit-on-oil-deal-70917/

Gertler, a Wedding, Congo, Kabila and Katumba

1280x720

https://mg.co.za/article/2012-08-23-suspicion-circles-israeli-diamond-maven-who-understands-negroes

Suspicion circles Israeli diamond maven who ‘understands negroes’

Recorded in about 2 00, the revealing slur was made during the early days of the Israeli diamond ­scion’s ambitious Democratic Republic of Congo venture.

It is a venture that gained him an unsavoury reputation after he ingratiated himself with two successive DRC presidents and a shadowy presidential adviser and kingpin while laying claim to a host of sought-after mining concessions – in often shady circumstances and on often questionable terms.

Now Gertler is dogged by investigations in Israel, where it is alleged he made large payments to companies said to have been controlled by Foreign Minister Avigdor Lieberman while Lieberman held other public positions.

Analysis: Sexwale’s African ventures court controversy

Gertler denied the claims, whereas Lieberman declared that he had sold his shareholdings. Prosecutors and police remain suspicious.

An ultra orthodox Jew, Gertler hails from an influential line of diamond traders. His grandfather, Moshe Schnitzer, founded Israel’s Diamond Exchange and Gertler established his own firm when he was just 22. He arrived in Kinshasa soon afterwards.

Military training
This was in about 1999. The DRC was tied up in a civil war and then-president Laurent Kabila needed money. Gertler made short work of befriending the president and bagged his first big deal: exclusive rights to export the country’s artisanal diamonds. In return, Gertler was said to have promised Kabila $20million on unclear terms and it was alleged that he had promised to organise arms and military training for Kabila’s fighters.

However, the details of whatever military assistance was discussed with Kabila senior have been fiercely disputed in Israeli courts after Yossi Kamisa – a former Israeli border policeman said to have been roped in for the task – sued Gertler for breach of contract in 2004 after he was cut from the deal.

In Kamisa’s version, he was summoned to Lieberman’s Jerusalem office in July 2000 and told that he and Gertler were “partners” in  “future transactions with tremendous economic potential”. In court papers Kamisa claimed: “Gertler explained that paying bribes is very accepted in Congo and that his stay in the country, connected with making the transaction, had already cost him more than a million dollars.”

Gertler has consistently and vehemently denied Kamisa’s claims and he and Lieberman later reached a settlement with Kamisa retracting his allegations, causing the court to reject the case outright.

In his appeal against the dismissal of the case, which was also rejected, Kamisa presented a transcript of a disturbing conversation between the two. Gertler, who was removing Kamisa from the deal, offered his version of African politics, as reported by the Israeli newspaper Haaretz: “A kushi [a derogatory Hebrew term for a black person] who wants something from you ‘sits on your vein’ … A negro likes to talk and make promise after promise, blah blah blah …”

Politics of negroes
Kamisa then claimed that, if it was not for him, Gertler would not have landed the concession, to which Gertler responded: “Yossi, either you are mentally ill or I don’t know what. Are you saying that the diamond contract was signed because of you?” And then: “Yossi, you don’t get it. I understand the politics of negroes.”

Lieberman has strenuously denied his role as described by Kamisa.

After Kabila senior was assassinated in 2001 and succeeded by his son, Joseph, Gertler was able to rekindle relations with the new incumbent as well as his notorious adviser, the late Augustin Katumba Mwanke. Gertler then moved on to claim more lucrative mining concessions in the country.

More recently, Gertler has been hammered by human rights campaigners and international media for “secretly” acquiring mining assets from the DRC government using a complex web of offshore companies. Whereas Gertler’s role in these companies has either been deduced or acknowledged, the companies’ full lists of beneficiaries remain unknown.

The most infamous example was the Kolwezi copper and cobalt tailings project, “grabbed and flipped” from First Quantum through a Gertler company to Eurasian Natural Resources Corporation (ENRC) in 2010.

Others described by human rights campaigner Global Witness include:

  • SMKK copper and cobalt mine: A Gertler-linked company acquired a stake in this mine from the DRC for $10million in February 2010 and sold it to ENRC for $75million that June.
  • Kansuki copper and cobalt mine: The DRC transferred a stake to a Gertler company in July 2010. A month later, Glencore took control of half the stake but is financing the entire mine development.
  • In May 2011 the DRC government transferred the remaining 25% stake in Kansuki to another Gertler “associated” company for $17million. Global Witness cited valuations suggesting the stake was worth between $86million and $209million.
  • Mutanda copper and cobalt mine: The DRC sold an allegedly undervalued 20% stake to another offshore Gertler company in March 2011.

Gertler does not deny that he “enjoys a close friendship” with Joseph Kabila and he openly attended Katumba’s funeral early this year. He also claimed to have served in the mysterious role of the Congo’s “honorary consul” in Tel Aviv.

But through a spokesperson he ­stridently rejected all claims of impropriety.

According to him, his proximity to the Kabilas and Katumba had no bearing on his business deals. And, he said, the mining assets were purchased, not “grabbed”, at a fair price and sold – “not flipped” – thus bringing significant investment into the DRC.

Gertler prefers to draw attention to such investment, claiming to have spent millions on “community support and environmental programmes” in the DRC, as well as the Chabad House he finances in Kinshasa, advancing his orthodox views.

Please see the original article: https://mg.co.za/article/2012-08-23-suspicion-circles-israeli-diamond-maven-who-understands-negroes