Misappropriation

Australian barrister Evatt Tamine has been accused of stealing "more than $20 million" from a Bermuda charitable trust set up by American billionaire Eugene Brockman, while the Trust itself is apparently the target of a $2 billion "tax and money laundering" investigation in the U.S., according to two court judgments.

Transcript of Argument and Ruling on Defendant's Motion To Dismiss regarding a dispute over the alleged misappropriation of Switzerland-domiciled Diligence Global Business Intelligence SA in Diligence Inc., a Delaware company majority owned by Cayman Islands-domiciled Information Security Investments Company v. Nicholas Day, a citizen of the United Kingdom residing in France, at the Court of Chancery of the State of Delaware.

Judgment in St. John's Trust Company (PVT) Limited, whose "sole shareholder is another private trust company, domiciled in Nevis, called Cabarita" v. James Watlington, Glenn Ferguson, Cabarita (PTC) Limited, in its personal capacity and as Trustee of The Waterford Charitable Trust, and The Attorney General at Bermuda Supreme Court. Editor's Note: In the judgment, it is stated that Evatt Tamine, an Australian barrister, was being sued for allegedly "stealing trust assets of the value of more than $20 million" and that he was a "co-operating witness" in a "tax and money laundering investigation" by the U. S. Department of Justice and IRS into "more than USD 2 billion of unreported gains" involving the Bermuda-domiciled A. Eugene Brockman Charitable Trust.

Diligence Inc.'s Opposition to Nicholas Day's Motion to Dismiss regarding a dispute over ownership of Switzerland-domiciled Diligence Global Business Intelligence SA in Diligence Inc., a Delaware company majority owned by Cayman Islands-domiciled Information Security Investments Company v. Nicholas Day, a citizen of the United Kingdom residing in France, at the Court of Chancery of the State of Delaware.

Judgment for $2.75 million in favor of the plaintiff in Compañia De Navegación Palomar, SA, of Panama; Cosmopolitan Finance Corporation, of the British Virgin Islands; Dominion Corporation SA, of Panama; John Manners and Co. (Malaya) Pte Ltd., of Singapore; Peninsula Navigation Company (Private) Limited, of the British Virgin Islands, and Straits Marine Company Private Limited, of the British Virgin Islands v. Isabel Brenda Koutsos, of Australia, at Singapore High Court.

Police in Switzerland are investigating Stefano Billeter for allegedly embezzling $8.73 million from four clients while he worked for Banca Raiffeisen, in Lugano.

Diligence Inc.'s Motion for Partial Summary Judgment regarding a dispute over ownership of Switzerland-domiciled Diligence Global Business Intelligence SA in Diligence Inc., a Delaware company majority owned by Cayman Islands-domiciled Information Security Investments Company v. Nicholas Day, a citizen of the United Kingdom residing in France, at the Court of Chancery of the State of Delaware.

Ruling regarding misappropriation, breach of trust, and breach of fiduciary duty in Tanzania Tobing Tanzil, an applicant under a "Citizenship by Investment Programme" v. Lindsay F.P. Grant and Jonel F. H. Powell, partners in the law firm of Grant, Powell & Co., at the High Court of Justice for Saint Kitts and Nevis.

Defendant's Motion to Dismiss in Nicholas Day v. Diligence, Inc. at the Court of Chancery of the State of Delaware.

Application by Coöperatieve Rabobank UA, of Argentina; Credit Agricole Corporate and Investment Bank, of New York; ING Bank NV, of Brazil; the International Finance Corporation, of Washington, DC; Natixis, New York Branch, and Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden NV, of the Netherlands, to take discovery from The Clearing House Payments Company LLC, of New York; Banco Bilbao Vizcaya Argentina SA, of Spain; Banco do Brasil SA, of Brazil; Bank Leumi US, of New York; Bank of America, NA, of North Carolina; Barclays Bank PLC, of England; Citibank, NA, of New York; Deutsche Bank AG, of Germany; Deutsche Bank Trust Co Americas, of New York; HSBC Bank USA, of New York; Itau Unibanco SA - New York Branch, of Brazil; JPMorgan Chase Bank, NA, of New York; Mizuho Bank, Ltd., of Japan; MUFG Bank, Ltd., of Japan; MUFG Union Bank, NA, of New York; Sumitomo Mitsui Banking Corporation, of Japan; The Bank of New York Mellon, of New York; UBS AG, of Switzerland; Wells Fargo Bank NY INTL, of New York, and Wells Fargo Bank, of California, for use in legal proceedings in Argentina regarding suspected "major international financial impropriety" involving Vicentin SAIC, filed at the U. S. District Court for the Southern District of New York.

Third Superseding Indictment alleging racketeering, conspiracy to steal trade secrets, and fraud in USA v. Huawei Technologies Co. Ltd., of China; Huawei Device Co. Ltd., of Huawei; Huawei Device USA Inc., of the USA; Futurewei Technologies Inc., of the USA; Skycom Tech Co. Ltd., of Hong Kong, and Wanzhou Meng, a.k.a. Cathy Meng, a.k.a. Sabrina Meng, a citizen of China, at the U. S. District Court for the Eastern District of New York.

Winding Up Petition in Colville LLC, of Delaware v. Duet Real Estate Partners 1 LP, of the Cayman Islands, at the Grand Court of the Cayman Islands.

Complaint for Advancement of Legal Fees & Expenses in Nicholas Day, a citizen of the United Kingdom residing in France v. Diligence, Inc. at the Court of Chancery of the State of Delaware.

Ex Parte Application by Eurasian Bank JSC, of Kazakhstan, to take discovery from Bank of New York Mellon, Credit Suisse AG, New York Branch; Credit Suisse Holdings (USA) Inc., and Credit Suisse (USA) Inc. for use in legal proceedings in England alleging fraud against Khakim Islamovich Istamov, Irina Petrovna Skichko, Agusta Associates Limited, and Igor Riel, filed at the U. S. District Court for the Southern District of New York.

Defendant's Opposition to Plaintiff's Motion for Entry of a Status Quo Order regarding Switzerland-domiciled Diligence Global Business Intelligence SA in Diligence Inc., a Delaware company majority owned by Cayman Islands-domiciled Information Security Investments Company v. Nicholas Day, a citizen of the United Kingdom, at the Court of Chancery of the State of Delaware.

Plaintiff's Reply in Further Support of its Motion for Entry of Status Quo Order in Diligence Inc. v. Nicholas Day at the Court of Chancery of the State of Delaware.

US-based investigations and intelligence firm Diligence is suing its British recently-resigned CEO, Nicholas Day, for allegedly misappropriating its Swiss "subsidiary", part of a broader dispute between Diligence's majority owner, Cayman-domiciled Information Security Investment Co., and its senior management, comprising Day, in Geneva; Mike Baker, in New York, and Trefor Williams, in London.

Plaintiff's Motion for Entry of Status Quo Order in Diligence Inc., of Delaware v. Nicholas Day, a British national residing in Switzerland, at the Court of Chancery of the State of Delaware.

Complaint alleging fraud, unjust enrichment, breach of fiduciary duty, and breach of employment agreement regarding Switzerland-domiciled Diligence Global Business Intelligence SA in Diligence Inc., a Delaware company majority owned by Cayman Islands-domiciled Information Security Investments Company v. Nicholas Day, a Switzerland-based, British national described as Diligence's CEO, founder and minority shareholder, at the Court of Chancery of the State of Delaware.

Transcript of Hearing on Motion To Dismiss by Côte d'Azur Estate Corporation and BGO Foundation regarding allegations that a Swiss attorney misappropriated an asset in France worth €25 million after a client died in Lilly Lea Perry, 72, the widow of Israel Igo Perry v. Dieter Walter Neupert, described as "Senior Partner" of Neupert Vuille Partners law firm, in Zurich, Switzerland; Côte d'Azur Estate Corporation, of Delaware, and BGO Foundation, of Liechtenstein, at the Court of Chancery of the State of Delaware.

In an application to take discovery from 12 US banks, a financial institution owned by six Arab nations claims that "hundreds of millions of dollars are missing" from a Cayman Islands investment fund that was set up to invest in "port-related assets around the world".

Complaint alleging "In an effort to retaliate against and silence Mr. Broidy, Qatar hired its go-to firm for underhanded cyber-operations, Defendant GRA, to unlawfully hack into Mr. Broidy's emails and into his company's servers to steal private communications, business documents, and other material" in Elliott Broidy, of Beverly Hills, California, and Broidy Capital Management LLC, of Los Angeles, California v. Global Risk Advisors LLC, of Delaware; GRA Maven LLC, described as "a military consulting firm" based in North Carolina; GRA Quantum LLC, described as "a full-service cybcersecurity company" based in New York, NY; Global Risk Advisors EMEA Limited, described as a Gibraltar company based in Qatar, and Kevin Chalker, described as "a former CIA officer" who is based in New York, at the U. S. District Court for the Southern District of New York.

Application by Gulf Investment Corporation, of Kuwait, described as "a supranational financial institution owned equally by the six Gulf Cooperation Council states: The Kingdom of Bahrain; The State of Kuwait; The Sultanate of Oman; The State of Qatar; The Kingdom of Saudi Arabia; and The United Arab Emirates", to take discovery from Bank of America, NA, The Bank of New York Mellon, Citibank, NA, Deutsche Bank AG, New York Branch; Deutsche Bank Trust Company USA, Goldman Sachs and Co., HSBC Bank USA, NA, JPMorgan Chase Bank, NA, Mashreqbank PSC, New York Branch; National Australia Bank Limited, New York Branch; Standard Chartered Bank, New York Branch; and Wells Fargo Bank NA for use in "contemplated litigation in the Cayman Islands" regarding "hundreds of millions of dollars that have gone missing", filed at the U. S. District Court for the Southern District of New York.

Complaint in Future Media Architects, Inc., of the British Virgin Islands v. Akin Gump Strauss Hauer & Feld LLC at the Supreme Court of the State of New York, County of New York.

Letter from Delaware judge suggesting crimes may have been committed regarding allegations that a Swiss attorney misappropriated an asset in France worth €25 million after a client died in Lilly Lea Perry, 72, the widow of Israel Igo Perry v. Dieter Walter Neupert, described as "Senior Partner" of Neupert Vuille Partners law firm, in Zurich, Switzerland; Côte d'Azur Estate Corporation, of Delaware, and BGO Foundation, of Liechtenstein, at the Court of Chancery of the State of Delaware.

Application by Eurasian Bank JSC and Eurasian Project 1 to take discovery from The Bank of New York Mellon Corporation, Citibank, NA, JPMorgan Chase, NA, Deutsche Bank AG, Deutsche Bank Trust Company Americas, Commerzbank AG, and UBS AG for use in "two pending criminal investigations by the General Prosecution Office of the Republic of Kazakhstan" regarding suspected fraud and misappropriation by companies allegedly controlled by "Russian businessman" Nurlan Saktapbergenovich Tleubayev, filed at the U. S. District Court for the Southern District of New York.

Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the British Virgin Islands by Matthew Richardson and Kevin Hellard, of Grant Thornton, as the Foreign Representatives of Durant International Corp., Kildare Finance Ltd., and McDoel Investment Limited, which were "controlled and beneficially owned by Paulo Salim Malif", described as a former mayor os São Paulo, Brazil, at the U. S. Bankruptcy Court for the Southern District of Florida.

Originating Summons in Gulf Investment Corporation, of Kuwait v. The Port Fund LP and Port Link (GP) Limited at the Grand Court of the Cayman Islands.

Complaint to extradite Aleksandr Rotko from the USA to Estonia to face allegations of embezzlement.

The BVI operator of Bitfinex cryptocurrency exchange, which was sued 12 days earlier for allegedly perpetrating a multi-billion dollar fraud, has applied to take discovery in California for a purported attempt to recover $880 million of client funds that its Swiss payments processor has allegedly failed to remit.

Application by iFinex Inc., a British Virgin Islands-domiciled, Hong Kong-based company that operates the Bitfinex cryptocurrency exchange from Rondell Clyde Monroe, a resident of Las Vegas, Nevada, for use in legal proceedings in Poland, Portugal, and the United Kingdom regarding an attempt to recover $880 million, filed at the U. S. District Court for the Central District of California.

Application by iFinex Inc., a British Virgin Islands-domiciled, Hong Kong-based company that operates the Bitfinex cryptocurrency exchange from Citibank NA for use in legal proceedings in Poland, Portugal, and the United Kingdom regarding an attempt to recover $880 million, filed at the U. S. District Court for the Central District of California.

Insolvent Cayman Islands online discount broker OneTRADEx Ltd. allegedly illegally received $851,396 in "commissions and profit sharing" by borrowing cash from U.S. lender Stockloan Solutions using a client's assets as security without the client's "knowledge or authorization".

Complaint alleging fraud, conversion, and unjust enrichment in MBW Investments II LLC, of Delaware, and Andrew W. Weber, of Franklin, Tennessee v. Aloha Global Inc., of Nevada; European Investment Banking Group & Trust, described as "a Netherlands Trust, registered in the District of Columbia, and doing business in the United States"; Prestige Global Investment Group Inc., d.b.a. Prestige Venture Capital Fund, of Toronto, Canada; Andres F. Babero, of Las Vegas, Nevada; Judy P. Ramos, of Honolulu, Hawaii, and Theodore C. Wilkes, of Toronto, Canada, at the U. S. District Court for the Middle District of Tennessee.

Following a regulator's allegation that its principal, Watkin Gittins, has diverted "millions of pounds" of client money to fund his lifestyle, Isle of Man-based Montpelier (Trust & Corporate) Services Ltd. has been forced into receivership.

Application for the appointment of a Commissioner to collect evidence - pursuant to a request for judicial assistance from Poland - for a criminal investigation into Ewa Tuszynska for suspected forgery and misappropriation.

Application for the appointment of a Commissioner to collect evidence - pursuant to a request for judicial assistance from Switzerland - for a criminal investigation into David Saraf Yakir for suspected misappropriation, fraud, and money laundering.

Order in Isle of Man Financial Services Authority v. Montpelier (Trust and Corporate) Services Limited at the High Court of Justice of the Isle of Man.

Complaint to "trace, recapture and return investor funds misappropriated from investment funds managed and operated as a Ponzi scheme by Mark J. Varacchi" in Jed Horwitt, as Receiver for Sentinel Growth Fund Management LLC, of Stamford, Connecticut; Radar Alternative Fund LP, of Delaware, and Radar Alternative Master Fund SPC, of the Cayman Islands v. Ralph Giorgio, of Greenwich, Connecticut, at the U. S. District Court for the District of Connecticut.

Winding Up Order in Cayman Islands Monetary Authority v. OneTRADEx Ltd. at the Grand Court of the Cayman Islands.

Application for the appointment of a Commissioner to collect evidence - pursuant to a request for judicial assistance  from Switzerland - for a criminal investigation into Walter Hans Zellweger for suspected fraud and misappropriation.

Yet another British lawyer - George Lonsdale - who was involved with the fraudulent Cayman Islands-domiciled Axiom Legal Financing Fund has been struck off for dishonesty, this time for stealing from an elderly client in an unrelated incident.

Judgment on an Agreed Outcome in Solicitors Regulation Authority v. George Lonsdale at the Solicitors Disciplinary Tribunal.

Complaint in Cambria County Employees' Retirement System v. Athene Asset Management LLC and Apollo Global Management LLC, both of Delaware, as defendants, and Athene Holding Ltd., a Bermuda-domiciled insurance holding company whose securities are listed on the New York Stock Exchange, as nominal defendant, at the Supreme Court of the State of New York, County of New York.

Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Brazil by Frederico Antonio Oliveria de Rezende, as the Foreign Representative of Knijnik Participações S.A., Knijnik Engenharia Ltda., Knijnik São Paulo Engenharia Integrada Ltda., Proplan Serviços e Projetos Ltda., and Gabinete Projetos de Engenharia e Arquitetura Ltda., at the U. S. Bankruptcy Court for the Southern District of Florida.

Decision Notice by the Dubai Financial Services Authority imposing penalties for dishonesty on Dr. Mubashir Ahmed Sheikh regarding MAS ClearSight Ltd., of which Sheikh was chairman, director and acting Senior Executive Officer. Editor's Note: Mubashir Ahmed Sheikh currently operates CS Global Capital SA, of Switzerland, which is "a multi-line Investment Banking, Private Equity and Real Estate Advisory Business", according to its website at http://csglobalcapital.com.

A US-based plaintiff has described as "outrageous" the manner in which Bermuda-domiciled, NYSE-listed insurance holding company Athene Holding Ltd. obtained an ex parte injunction at Bermuda Supreme Court staying a lawsuit it had filed in New York alleging fraud by Athene's "controlling stakeholder", Apollo Global Management, of Delaware.

Response from Athene Holding Ltd. to Plaintiff's Letter regarding the Bermuda "interim injunction" in Central Laborers' Pension Fund v. Athene Asset Management LLC and Apollo Global Management LLC, both of Delaware, as Defendants, and Athene Holding Ltd., of Bermuda, as Nominal Defendant, at the Supreme Court of the State of New York, County of New York.

Ex Parte Application by Mark McDonald and David Holukoff, as the Joint Official Liquidators of REDS Caribbean Ltd., of Trinidad and Tobago, to take discovery from Robert Holloway, REDS Americas Inc., Lavelle Holdings Inc., BBVA Compass, and Frost Bank regarding REDS Caribbean Ltd., REDS Caribbean (BVI) Ltd., Reds Americas Inc., Michael Robert Charbonne, Tricia Charbonne-Downes, Randall Harford, Dayne Harford, Ryan Harford, Daynco Ltd., Robert Holloway, JUKES Group, Raymond Mark McMillan, Global Insurance Services Ltd., Goliath Offshore Services Ltd., Goliath Offshore Holdings Pte Ltd., Goliath Offshore Pte Ltd., Avant Garde Insurance Services Ltd., Penelope Belmontes, a.k.a. Penelope Rahim; Lavelle Holdings Inc., Sherron Harford, and Hayden Borrell for an investigation into suspected fraud involving companies in the British Virgin Islands, Singapore, Trinidad and Tobago, United Kingdom, and USA, filed at the U. S. District Court for the Southern District of Texas.

A judgment for $79 million was entered yesterday at federal court in New York against Trinidad and Tobago-based Jack Warner, a former Vice President of FIFA, which governs world soccer.