Deutsche
Bank RMBS
Fraud Leads To
$500,000 Civil
Penalty
Against Former
Exec In EDNY
By Matthew
Russell Lee, Video,
Q&A,
HK here
FEDERAL
COURTHOUSE, Nov 14 –
Deutsche Bank, which profited
as trustee from predatory
mortgage lending, has also
been raided for money
laundering, see below. In the
SDNY trial OneCoin trial Inner
City Press has been covering
daily since November 4, here,
Deutsche Bank keeps coming up
in connection with money
laundering for Ruja Ignatova.
Now on November 14 from across
the East River in Brooklyn,
this: "The United States has
reached agreement with Paul
Mangione, a former Deutsche
Bank executive, to settle a
civil action filed in
September 2017 in which the
United States sought civil
penalties for Mangione’s
conduct in connection with
Deutsche Bank’s marketing and
sale of two residential
mortgage-backed securities
(RMBS) in 2007. The agreement
provides for payment of
$500,000 in civil penalties in
exchange for dismissal of the
complaint. Richard P.
Donoghue, United States
Attorney for the Eastern
District of New York,
announced the settlement.
“This Office’s settlement with
a bank executive in connection
with RMBS fraud reflects our
commitment to holding
individuals accountable for
their role in corporate
fraud,” stated United States
Attorney Donoghue. Mr.
Donoghue thanked the Federal
Housing Finance Agency’s
Office of the Inspector
General for its assistance in
conducting the investigation
in this matter. The complaint
in the action, United States
v. Paul Mangione, alleged that
Mangione, a former Managing
Director and head of subprime
trading at Deutsche Bank,
engaged in a scheme to defraud
investors in two Deutsche Bank
RMBS, ACE 2007-HE4 and ACE
2007-HE5, by misrepresenting
the characteristics of the
loans backing the two
securities and misleading
potential investors about the
loan origination practices of
Deutsche Bank’s wholly-owned
subsidiary, DB Home Lending
LLC (f/k/a Chapel Funding,
LLC), which originated a
number of the loans backing
the two RMBS. The complaint
stated claims for relief under
the Financial Institutions
Reform, Recovery, and
Enforcement Act of 1989
(FIRREA), based on mail fraud
and wire fraud."
We'll have more on this - and
this: four months after the
arrest for UN
bribery of former
Senegalese foreign minister
Cheik Gadio and Patrick Ho,
the head of China Energy Fund
Committee full funded by CEFC
China Energy, his ultimate
boss at CEFC Ye Jianming was
brought in for questioning in
China. Inner City Press
covered the Patrick Ho trial,
here:
Among the
hooks for the prosecution was
payments of alleged bribes not
only through HSBC but also
Mashreqbank based in Dubai. On
October 10 Mashreqbank has
been hit with and settled
money laundering charges
by the New York State
Financial Services Department:
"Although the Branch's
customer base consists
principally of foreign
financial
institutions located in
high-risk regions, examiners
determined that due diligence
files
nonetheless lacked robust
information about its foreign
correspondent customers'
markets." We'll have more on
this. On October 4 Ho was
again denied bail. Periscope
video here.
Now on October 9 the
prosecution has requested that
the trial begin later than the
scheduled November 5, writing
to Judge Loretta
A. Preska
among other things that "this
past Friday, October 5, 2018,
the defendant submitted a
classified notice pursuant to
Section 5 of the Classified
Information Procedures Act
(“CIPA”). The defendant could
have filed such notice a
number of weeks ago, but
waited until the very last day
on which such a filing would
be deemed timely under CIPA.
The defendant also did not
notify the Government that he
intended to submit such a
notice until the Court
directed the parties to confer
during last
week’s conference. The
Government now has to draft,
have approved for submission,
and submit
a classified response in
opposition, in which it
intends to request a hearing
concerning the use, relevance,
and admissibility of
classified information that
would otherwise be made public
by the defense during the
trial, and expects, assuming
appropriate authorization is
provided, to request that the
hearing be held in camera."
If Ho's lawyers were slow, the
US government's Voice of
America is more so: it took it
five days to report on the
public bail hearing held in
lower Manhattan on October 4.
Tellingly, the report
did not include VOA's
long-time UN embedded reporter
Margaret Besheer, nor did it
mention Ho's arms brokering to
South Sudan nor the name of
previous and convicted UN
briber Ng Lap Seng. Besheer
has worked with Secretary
General
Antonio
Guterres'
spokesman
Stephane
Dujarric to
bar Inner City
Press from even entering the UN
and is involved with a pro-UN
correspondents group which
took $50,000 from Ng then
provided the venue for his
photo op with the UN Secretary
General. (It turns out
Guterres maintains a secret
"banned" list including
political activists, story here.)
Similar quid pro quos
are expected with Guterres on
December 5 on 42nd Street,
watch this site. Back on
October 4 Ho's lawyers argued
that dropping the case against
Gadio - who will testify
against Ho - means that Ho
conspired with no one. But
Gadio will say he didn't know
Ho had $2 million in cash for
Chad President Deby in gift
boxes; he's being allowed (or
made) to say that Deby didn't
know either. But this ham
handed bribe was converted
into a bogus philanthropic
gift -- consciousness of
guilt, as it were. The trial
date of November 5 may not be
set in stone, as the defense
is planning a filing under
Section 5 of the Classified
Information Procedures Act
(CIPA) to use classified
information. Ho has a $2.1
million account in UBS, but
Judge Preska said this wasn't
the main factor in denying
bail. The sleight of hand on
Gadio has no impact on the
"Uganda scheme" with Sam
Kutesa, with whom UN Secretary
General Antonio Guterres has
dealings. Guterres still
hasn't started an audit of
CEFC - which was openly named
in the court hearing on
October 4 - in the UN. We'll
have more on this. This week
in court filings the
prosecution make it clear how
corrupt the UN is, and why it
has banned Inner City Press
which reports on it: Ho bribed
not one but two Presidents of
the General Assembly, and
brokered weapons not only to
Chad but also Qatar, whose Al
Jazeera got the exclusive of
Guterres' selection as SG and
after getting spoonfed by
Guterres' spokesman Stephane
Dujarric on June 19
collaborated to get Inner City
Press roughed up and banned
since by Guterres' corrupt UN.
And STILL Guterres,
whose son does UNdisclosed
business in Angola, Namibia,
Sao Tomo and Cabo Verde, has
not even started an audit,
only roughed up the Press and
banned it now for 93 days.
From this week's filing:
"Evidence of Transactions with
Iran The evidence of the
defendant’s interest in and
willingness to broker
transactions in or with Iran
principally consists of
emails, spanning a
multiple-year period. To
choose a few examples: In
October 2014, the defendant
sent his assistant an email
stating, “I am going to BJ
[i.e., Beijing] this Friday to
see [the Chairman of CEFC NGO
and CEFC China] on Sat
afternoon. The documents I
want to send him before hand
in separate items are: . . .
7. Iranian connection
(brief).”4 On the same date,
the defendant sent his
assistant another email,
attaching a document, which
stated, in pertinent part: 7)
Iranian Connection . . . Iran
has money in a Bank in china
which s under sanction. Iran
wishes to purchase precious
metal with this money. The
precious metal is available
through a Bank in HK which
cannot accept money from the
Bank in China which holds the
money but is under sanction.
The Iranian agent is looking
for a Chinese company acting
as a middle man in such
transactions and will pay
commission. (details to be
presented orally) The Iranian
connection has strong urge to
establish trading relationship
with us in oil and products .
. . . The following year, in
June 2015, the defendant
received an email that stated,
in pertinent part: “The
Iranian team will arrive in BJ
. . . . See the attached.” The
attachment referenced in the
email was a PowerPoint
presentation entitled
“Presentation to Potential
Partners Iran Petroleum
Investments.” The next day,
the defendant forwarded the
email to his assistant,
stating, “For writing report
to [the Chairman of CEFC NGO
and CEFC China].”
The following year, in June
2016, the defendant emailed
another individual,
blindcopying
his assistant, and stated, in
pertinent part, “Will get [two
executives of CEFC China] to
meet with [oil executive at
company with operations in
Iran] in BJ, and [another
individual] also on another
occasion if he comes. You can
start organizing these. . . .
Other matters ftf [i.e., face
to face].” And also "an email
exchange in which Gadio asked
the defendant: “Do you think
CEFC can intervene with the
Chinese state to get an
urgent, extremely confidential
and significant military
weapon assistance to our
friend [the President of Chad]
who has engaged in the battle
of his life against the devils
of Bokko Haram?,” to which the
defendant replied, “Your
important message has been
forwarded. It is being given
the highest level of
consideration. Will inform you
once I hear back.”
The defendant also sought to
and did broker arms
transactions unrelated to the
Chad and
Uganda schemes charged in this
case. For example: In March
2015, an individual sent the
defendant an email, stating,
“I have the list and end user
agreement. Pls advise next
step.” On the same day, the
defendant replied, in
pertinent part, “Find a way to
pass them onto me and we can
execute that right away[].”
The individual replied,
“Attached. [W]e have the
funding and processing
mechanisms in place. If it
works nice there will be much
more. Also for S. Sudan.” The
attachment to this email was a
document entitled “End User
Certificate,” certifying that
the user of the goods in
question would be the Ministry
of Defense of the Republic of
Libya. The goods listed on the
document included numerous
arms. The following month, the
defendant sent an email that
stated in pertinent part: “It
so turns out Qatar also needs
urgently a list of toys from
us. But for the same reason we
had for Libya, we cannot sell
directly to them. Is there a
way you could act as an
intermediary in both cases?”
The person whom the defendant
emailed replied: “Qatar good
chance bc there is no embargo.
Libya is another case bc going
against an embargo is tricky.”
The defendant responded:
“Qatar needs new toys quite
urgently. Their chief is
coming to China and we hope to
give them a piece of good
news. Please confirm soonest.”
This is outrageous, that an
NGO still accredited under
Guterres was selling weapons
into South South, Libya and
Qatar. Resign. And, on
multiple PGAs: "among the
individuals whom the defendant
[Patrick Ho] is charged with
bribing is Sam Kutesa, the
Ugandan Foreign Minister. The
Government expects that the
evidence will show that the
corrupt relationship between
the defendant and Kutesa
developed between in or about
September 2014 and September
2015, when Kutesa was serving
as the PGA (specifically, the
PGA for the 69th session of
the UN General Assembly). The
evidence, in both the form of
emails and a recorded phone
call, also shows that, just
as he did with respect to
Kutesa when he was the PGA,
the defendant sought to
cultivate a
business relationship with
Kutesa’s predecessor, John
Ashe, who served as the PGA
between in
or about September 2013 and
September 2014. As he did with
Kutesa, the defendant began by
introducing himself to Ashe as
the Secretary-General of CEFC
NGO. And just as he did with
Kutesa when he served as the
PGA, the defendant invited
Ashe to visit CEFC NGO in Hong
Kong and to speak at various
events.
In mid-April 2014, Ashe
traveled to Hong Kong and met
with the defendant and others.
After the trip, Ashe’s aide
sent a letter to the defendant
thanking the Chairman of CEFC
NGO (who was also the Chairman
of CEFC China) for the
contribution of $50,000 to
support the PGA. The aide had
solicited the contribution
from the defendant prior to
the Hong Kong trip, and the
defendant had confirmed that
CEFC NGO would make the
contribution.
In or about early June 2014,
the defendant requested that
Ashe officiate over a forum
that
CEFC NGO was planning to hold
at the UN, and also attend and
officiate over a luncheon at
the UN the following day. (The
defendant made virtually the
same request of Kutesa once he
became the PGA.) The day
before the forum (July 6,
2014), the defendant emailed
two business associates of
Ashe, who assisted him in
raising funds, to invite them
to the forum and luncheon and
to request their assistance in
“urg[ing] the PGA to grace the
occasion with his presence and
to deliver a short remark.”
On or about the same day, the
defendant and one of these
associates (“Associate-1”)
spoke by phone. (See Ex. A
(draft transcript).) During
the call, which was recorded,
the
defendant confirmed that he
wanted Ashe to attend his
event. The following
conversation then took place:
Associate-1: So the last
question, so sorry if I ask
too direct. . . . [H]ave you,
made some
contribution to him . . . ?
The defendant: Yeah, we
already paid.
Associate-1: Oh you did?
OkayThe defendant: Well, not a
whole lot but it’s—it’s okay.
On a couple of occasions. But
I
think the major contribution
will come in after we talk
about what he can—what he can
help us with.
Associate-1: What you—what you
mean major contribution? It’s
after he return uh—
leave the job?
The defendant: Yes, yes.
. . .
Associate-1: Wonderful . . .
okay.
The defendant: That’s not
a—that’s not a problem. The
problem is—uh, it’s give and
take.
Associate-1: Give and take.
That’s—of course. This is
the—this is business, right?
The defendant: Yeah, right.
2 These two business
associates subsequently
pleaded guilty to bribing
Ashe, based on
conduct unrelated to the
defendant and CEFC. Ashe was
charged with tax offenses
arising from
his allegedly failing to
disclose bribe payments as
income. He passed away before
trial, and the
charges against him were
therefore dismissed." We'll
have more on this. On July 19,
the lawyers for Patrick Ho,
led by Benjamin Rosenberg of
Dechert LLP, argued before
U.S. District Judge Loretta
Preska that count after count
of the indicts should be
dismissed. Edward Kim of
Krieger Kim & Lewin LLP
tried to get Ho's emails and
text messages suppressed,
without success. On August 9,
Ho's appeal to the Second
Circuit Court of Appeals to
get out on bail was again
denied. Now the
prosecution,
opposing yet
another Ho
bail
application,
has written:
"Gadio has
been meeting with
the Government
for some time
and he is
expected to
testify at
trial pursuant
to a recently
executed non-prosecution
agreement.
And far from
weakening the
case, Gadio’s
testimony will provide
substantial
evidence of
the
defendant’s
guilt. As
the defendant
is well-aware
from a written
disclosure
made by the
Government
more than
four months
ago, Gadio is
expected to
testify, in
sum and among
other things,
that (i) the defendant
provided $2
million in
cash,
concealed
within a gift
box, to the
President of
Chad in connection
with a
business
meeting in
Chad in or
about December
2014, (ii) the
President
refused to
accept this
obvious bribe,
which Gadio
understood was
connected to
the
defendant’s
interest in business
opportunities
in Chad, and
(iii) the
defendant
thereafter
drafted a
letter to the
President, purporting
to pledge this
$2 million to
charitable
causes, but
the defendant
appeared to
have no interest
in doing
charitable
works in Chad,
and indeed,
the defendant
never asked
Gadio about
the status
of the
purported
“donation” or
made any other
reference to
the subject.
(See Def. Ltr.
Ex. A.) This
expected
testimony
considerably
strengthens
the
Government’s
proof beyond
the
already-strong
case reflected
in the
detailed
Complaint. The
Complaint
explained
that,
following a
December 2014
business
meeting in
Chad, the
defendant
drafted a
letter
pledging a $2
million so-called
“donation” to
“the people of
Chad at [the
President of
Chad’s]
personal
disposal to support
[his] social
and other
programs as
[he] see[s]
fit.” (Compl.
¶ 28(a).) The
Complaint did not,
however,
explain
whether—and at
what point—any
money was
actually paid.
Gadio’s expected
testimony
makes clear
that, in fact,
the defendant
provided $2
million in
cash directly
to the
President,
concealed
within a gift
box, and that
the pledge
letter was
drafted after
the bribe had
already been
offered. Thus,
the evidence
of the defendant’s
intent to
bribe the
President of
Chad is,
on the whole,
much more
robust in
light of
Gadio’s
expected
testimony." On
September
24, a letter
from May was disclosed: UN
accredited
executive of
an NGO still
in ECOSOC handed
Deby of Chad
$2 million in a
box, for oil.
This is the
UN, which
won't even
audit this
scandal. Guterres
is corruption
- and on September
26 even banned
Inner City
Press which reports on
this from a
human rights
event. We'll
have more on
this. On
September 15,
the day after
Ho's
co-defendant
Cheik Gadio
had the case
against him
dropped by
Prosecutor
Douglas
Zolkind, who
ask worked to
convict Ng Lap
Seng using
testimony of
apparently
still free
Francis
Lorenzo.
Sean Hecker, a lawyer for Mr.
Gadio said that “Dr. Gadio
looks forward to continuing to
cooperate with U.S.
authorities." But when Agence
France Presse reported it, as
picked
up in the media in
Nigeria, it was "Gadio Is
Cleared." Is that how they
report, for example, Manafort?
It is, you see, a serious UN
bribery case, even as UN
Secretary General Antonio
Guterres not only does not
start an audit of who else has
been bribed by CEFC and Ho,
but audaciously ousts,
roughs up and imposes a
ban on -- extended on
August 17 to
life
or at least #UNGA73 when
representatives of China and
Chad, Uganda and Senegal will
be in the UN -- the only
media, Inner City Press, which
asks him about it. Instead his
team solicits the same trolls
army as before, to monitor and
leak files to try to
post-facto justify Guterres'
censorship. This is
corruption, to the heart of
the UN. The trial of the still
incarcerated Ho begins in
November. Somewhere, one
imagines, UN PGA Sam Kutesa
worries, Chadian head of state
Idriss Deby less so. And the
UN of Antonio Guterres,
implicated, doesn't even audit
who at the UN took CEFC's
money, preferring instead to
rough up, oust and ban the
Press which asks. Fox
News story here,
GAP blogs I
and II,
Independent here.
On July 19 first Rosenberg
argued that under the Foreign
Corrupt Practices Act, if
Patrick Ho is a "domestic
concern" some counts of the
indictment must be dropped.
The prosecution called the
argument absurd -- Ho is a
national of China and a
resident of Hong Kong who
acted for the "Energy NGO"
China Energy Fund Committee in
allegedly bribing UN President
of the General Assembly Sam
Kutesa, as well as Chad's
President Idriss Deby - and
the judge agreed. Next they
argued that even a series of
transfers from HSBC in Hong
Kong to HSBC in New York to
Mashreq Bank in NY to Mashreq
Bank in Dubai did not fall
under the money laundering
statute. The judge, citing the
the Daccarett case and Julius
Baer cases from DC, disagreed.
Periscope video here.
The motions to dismiss
were denied, and Inner City
Press left the court to deal
with the UN, where Guterres
even has Inner City Press
banned from covering his July
20 meeting with US
Secretary of State Mike
Pompeo, and Pompeo's press
remarks with Nikki Haley,
UNwisely held inside the UN.
We'll have more on this. Inner
City Press made this
connection: the president of
ECOSOC is Marie Chatardová,
Permanent Representative of
the Czech Republic to the UN.
Her president, in Prague
Castle, is Miloš Zeman -- who,
like Uganda's Foreign Minister
Sam Kutesa when he was UN
President of the General
Assembly, made Ye Jianming an
official adviser.
(Inner City Press' CEFC
investigative covered has been
picked up in the Czech media,
for example here.)
Now on
April 17,
Zeman is set
to meet this
week
with another
Chinese state
owned
firm, CITIC
and its
chairman, Chang
Zhenming. CITIC
is reportedly
seeking to buy a
stake in
CEFC's
Czech-based
unit CEFC
Europe. So
Inner City
Press asks,
would CITIC buy its
way into China
Energy Fund Group's
consultative
status with
ECOSOC, presided
over by the
Czech
Republic? The
Czech Mission
to the UN, and
ECOSOC's
supposed
spokesperson
Paul Simon, have
yet to answer
any of Inner
City Press'
written
questions.
This is
today's UN,
under Antonio
Guterres.
Earlier, Zeman sent two
officials to Chinese to
inquire into the status or, or
help, Ye Jianming:
chancellor Vratislav Mynár and
economic advisor Martin
Nejedlý flew to Shanghai on
March 13, along with
CEFC European division
head Jaroslav Tvrdik, and have
now returned. They said Ye “is
being investigated for a
suspicion of breaking the
law,” after meeting CEFC
President Chan Chauto. CEFC’s
Czech-based unit CEFC Europe
said: “CEFC Europe has been
informed about the planned
change in the shareholder
structure in which Mr Ye
Jienming will no longer be
active as a shareholder nor in
the company’s leadership. NOW
might Zeman's Representative Chatardová
belatedly take
action in the
UN ECOSOC of
which she is
President?
Inner City
Press has repeatedly written
to the Czech Mission to the
UN, to the attention of
Marie Chatardová
as President of ECOSOC, asking
how China Energy Fund
Committee given all of the
above can remain in special
consultative status with
ECOSOC. The Czech
Mission has not answered,
including when the question
is raised
at the UN's televised
noon briefing,
as Inner City
Press asked again
on March 19, UN transcript
here:
Inner City
Press: Deputy SG
Amina J. Mohammed
is going
to the Czech
Republic about
ECOSOC [Economic
and Social
Council].
So, I was going
to and may still
ask Brenden
[Varma] this,
but I wanted to
ask you
this. It
has arisen that the
China Energy
Fund Committee, the
ultimate owner
in Shanghai has
purportedly been
brought in for
questioning, and
it turns out he
was not only an
adviser to Sam
Kutesa as PGA
[President of
the General
Assembly], but
also an adviser
of the Czech
Republic
President.
The
Czech Republic
has sent people
to sort of look
into his
situation, but
the Czech
Republic also
has the
presidency of
ECOSOC.
So, noting that
I haven't gotten
any answer from
the Czech
Mission, my
question is…
Spokesman:
I think those
are questions
that you should
address to the
Presidency of
ECOSOC.
Inner
City Press:
I guess but my
question is an
overall UN
question.
Is there… is
there any… it
seems like it
might be a
conflict of
interest if your
President has a
business
relationship
with an NGO to
be in charge of
the committee
that is either…
how do we get an
answer if…?
Spokesman:
That is a
question for
the… that’s a
question for
Member
States.
Member States
elect the
Presidency of
ECOSOC.
They elect the
bureau.
Those are Member
State
questions.
I struggle to
answer the
questions
directed to the
Secretary-General.
I think Member
States need to
answer other
questions."
But again, the
Czech Mission
has not
answered repeated
written
questions. For
example:
"Hello - this concerned
ECOSOC, reiterating Inner
City Press' question from
November 28: yesterday in US
Federal Court, China Energy
Fund Committee was described
as a front for bribes paid
to former PGA Kutesa and
others.
See, e.g.,
HlidacipPes.org, Czech
Republic: “Global corruption
scandal. The CEFC scrap,
which the Czech Republic
does not notice much, though
it should” [citing
Inner City Press' UN
corruption coverage]
***
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