The money from Canada-based Niko Resources Ltd as bribes to secure deals to get lease of some gas fields in Bangladesh went to former prime minister and BNP chief Khaleda Zia and her son Tarique Rahman, says the US Federal Bureau of Investigation (FBI).
Bangladesh Attorney General Mahbubey Alam told the media on Thursday (Nov 24) that they have moved a petition to the court of Dhaka Special Judge-9 to have two officers of the Royal Canadian Mounted Police (RCMP) and an agent of the Federal Bureau of Investigation (FBI) of the US testify in the case.
The investigation reports by the US and Canadian agencies were attached to petition, said the attorney general.
The Anti-Corruption Commission (ACC) started the case against Khaleda and 10 others in 2007 during the military-controlled caretaker government.
They stand accused of causing the exchequer a loss of around Tk 137.77 billion by abusing power to award a gas exploration and extraction deal to Canadian company Niko during her 2001-06 prime ministerial tenure.
The others accused in the case are former minister Moudud Ahmed, former state minister AKM Mosharraf Hossain, former principal secretary Kamal Uddin Siddiqui, former secretary Khandaker Shahidul Islam, former senior assistant secretary CM Yusuf Hossain, former general manager of BAPEX Mir Moinul Haque, former BAPEX secretary Md Shafiur Rahman , businessman Giasuddin Al Mamoon, former president of Dhaka Club Selim Bhuiyan, and Niko vice-president for South Asia Qasim Sharif.
In a witness statement filed with the US Department of Justice, former FBI special agent Debra Griffith said that in 2007, the then caretaker government requested US assistance to investigate the matter.
“The request for international cooperation was forwarded to the Department of Justice ("DOJ"), where it was assigned to Linda Samuel, the Deputy Chief of the Asset Forfeiture and Money Laundering Section. The investigative aspect of the request was assigned to me at the F.B.I,” it reads.
Griffith was assigned by the FBI to investigate majority of the international money laundering and asset recovery cases between 2003 and 2015.
In January 2008, she and Samuel came to Bangladesh and began their investigations.
“I travelled to Bangladesh four or five times between 2008 and 2011 and worked closely with the National Coordination Committee Against Grievous Offences (NCCAGO) arid then the
Anti-Corruption Commission (ACC) on the corruption cases we investigated,” the statement quoted her.
Griffith “worked closely” with Bangladesh investigators until December 2015 when she obtained records from the US, Bangladesh, Singapore, Switzerland and Canada, according to the Department of Justice document.
In reference to defendant Selim Bhuiyan’s deposition in court in 2008, Griffith said in her statement that Selim was invited to businessman Giasuddin Al Mamoon’s officer and the then Niko Bangladesh vice-president Kashem Sharif was present there, when he was asked to help Niko to strike a deal with the Bangladesh government.
“Bhuiyan stated that Qasim Sharif promised them financial benefits if they could assist with their proposal for gas exploration rights. Bhuiyan told the judge that his job was to get various government approvals for NIKO. Bhuiyan stated that later he and Mamoon went to visit his friend, AKM Mosharraf Hossain, the then State Minister for Energy and Minerals, and sought his cooperation.”
The former FBI agent said in her statement quoting Selim that the minister agreed to cooperate and from that point on, he and Mamoon regularly took updates from Mosharraf on the deal.
“Bhuiyan stated that in late 2003 the Bapex-NIKO joint venture agreement was signed. After the successful awarding of the JVA (joint venture agreement), Qasim Sharif received $2.93 USD million in bank accounts under his control in Switzerland and then arranged to deposit approximately $500,000 USD (approximate 300 lakh taka) into Bhuiyan’s bank account at Standard Chartered Bank in Bangladesh,” it read.
Griffith said that Selim testified in court that Tk 10.8 million from those funds were given to Mamoon through a pay order and later other amounts in cash and cheques.
“Bhuiyan stated that he believed the funds given to Mamoon (Mamoon) would be shared with people close to Prime Minister Khaleda Zia, and her son Tarique Rahman. Mosharraf was given Tk 60 lakh (6 million) from that same account while Bhuiyan kept the remaining Tk 60 lakh (6 million) as his own “lobbying” fee.”
The FBI agent told the Department of Justice that evidences showed that Selim was hired by Qasim to facilitate bribes to Mosharraf, Khaleda and her son Tarique Rahman and others.
“My investigation revealed that money from accounts controlled by Qasim Sharifwas transferred to Selim Bhuiyan, Babul Gazi, and Jamal Shamsi. There is evidence that these payments represent bribe payments paid to intermediaries for the ultimate benefit of Prime Minister Khaleda Zia, Tarique Rahman and others,” reads the statement.
It said that investigations revealed that in 2003, Khaleda and Mosharraf gave “verbal to the government officials directing them to sign the JVA between NIKO and BAPEX”.
In June 2011, Niko pleaded guilty before a Canadian court to bribe Mosharraf and agreed to pay a $9.5 million fine.
Canadian Royal Mounted Police’s (RCMP) Peace Officer Kevin Duggan was the primary investigator of the case.
In an affidavit filed with the Canadian court, Duggan said that he came across an account statement for Selim Bhuiyan’s Standard Chartered bank account which a withdrawal of Tk 10.8 million on Jan 7, 2004 by him via a payment order.
Giasuddin Al Mamoon’s bank statement showed a deposit for the same amount with the “same order number” on Jan 8, he said.
“I read a Payment Order issued from the Standard Chartered Bank account of "MS SULTANA" of Dhaka, Bangladesh which showed that on November 29, 2003, "MS SULTANA" of Dhaka paid 10,754,300.00 BDT to Selim Bhuiyan.
“I read a credit card account statement dated September 26, 2006, for a Citibank credit card in the name of “MD GIASUDDIN AL-MAMOON, care of RAHMAN GROUP OF INDUSTRIES”, of Dhaka, Bangladesh. The statement showed that this account pertained to credit cards held by MD G AI Mamoon and Tarique Rahman,” reads the affidavit.
Dugan, who was attached to the International Anti-Corruption Unit of the Commercial Crime Section, said in his statement that Rahman Industries was just the mailing address for the credit card, but it is a personal card Mamoon had with Tarique Rahman.
“Selim Bhuiyan also stated "From the money deposited in my account, I paid the Ex-State Minster Mr. Mosharraf, at different times in different amounts, in total 60 lac [over $102,000.00 USD] in cash. The balance of 60 lac Taka [over] $102,000.00 USD] I kept from my work. Selim Bhuiyan also mentioned that Mamoon told him that "he [Mamoon] is keeping the majority portion of the taka because Tarique Rahman is also with him,” reads his statement.
RCMP officer Lloyd Schoepp, who assisted with the investigation, said in his statement to the Canadian court that it was state minister Mosharraf who had to sign off the project in the end.
“Mosharraf Hossain sent the file again to the Prime Minister (Khaleda) and the Prime Minister got upset and wanted to know why it was sent to her as she already approved it and it is now supposed to be implemented. The file was then sent back to the Minister who became scared and called Kamal Siddiqui (then principal secretary to the PM). Kamal Siddiqui told Mosharraf Hossain very clearly that he had to do the project,” he said in the statement.