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Post by Deleted on May 18, 2014 7:28:57 GMT 3
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Post by mank on May 18, 2014 8:38:08 GMT 3
I hear this drumbeat that we have to pay Anglo Leasing Fraud fees because we have an Eurobond début that may be me jeopardized if we don't. This logic is backward front. It should really be that "we have no business débuting an Eurobond when we can't hold known embezzlers of what we already got to account."
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Post by ebarasi on May 18, 2014 15:44:14 GMT 3
I hear this drumbeat that we have to pay Anglo Leasing Fraud fees because we have an Eurobond début that may be me jeopardized if we don't. This logic is backward front. It should really be that "we have no business débuting an Eurobond when we can't hold known embezzlers of what we already got to account." Mank, I read you loud and clear. How shall we take care of much that the future may promise when we can not even take care of the little we have in the present? This approach to the business of state and management will come back to bite hard at those who effect it. Time is the master. In Kenya, there are great ideas on how to both make money and raise money for different purposes but those entrusted with management have time and again proven that they lack moral and fiscal discipline. They simply cannot separate private affairs from state affairs.
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Post by mank on May 18, 2014 19:14:47 GMT 3
I hear this drumbeat that we have to pay Anglo Leasing Fraud fees because we have an Eurobond début that may be me jeopardized if we don't. This logic is backward front. It should really be that "we have no business débuting an Eurobond when we can't hold known embezzlers of what we already got to account." Mank, I read you loud and clear. How shall we take care of much that the future may promise when we can not even take care of the little we have in the present? This approach to the business of state and management will come back to bite hard at those who effect it. Time is the master. In Kenya, there are great ideas on how to both make money and raise money for different purposes but those entrusted with management have time and again proven that they lack moral and fiscal discipline. They simply cannot separate private affairs from state affairs. That's right. I think we need a few good men to go out there and open Kenya's eyes. Kenyans are being asked to stop the fretting about Anglo Leasing, pay off the illegal bills, and pave way for a history-setting borrowing that is the Eurobond - all that while those who pocket the benefits of Anglo Leasing scandals comfortably enjoy the loot. Do Kenyans understand that the Eurobond venture is a debt venture, whose proceeds will come into the hands that we entrust Public coffers, just like those who have given us Anglo Leasing bills? Do we understand that we shall have to pay whatever the bond value plus interest, and that the productivity of the borrowed funds will depend on decisions made by people no different from those who made Anglo Leasing decisions? Why is someone like Jeff Koinange, with his vast platform, echoing the absurd logic of "pay so the world can accept our bond" rather than saying "we the people decide against the bond till we are comfortable with the management of our coffers - and indeed that holding Anglo Leasing lords to account is a low bar for such comfort"?
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Post by kamalet on May 18, 2014 20:01:59 GMT 3
Why is someone like Jeff Koinange, with his vast platform, echoing the absurd logic of "pay so the world can accept our bond" rather than saying "we the people decide against the bond till we are comfortable with the management of our coffers - and indeed that holding Anglo Leasing lords to account is a low bar for such comfort"? Does the saying once beaten twice shy hold in ALL respects? I think this is what Mank is asking us to do. Why do we do things and then fail to take responsibility for our actions?? Why elect a government and then tie not one but both hands and expect it to function? What is the criteria for determining the comfort level against which we can trust the government with the management of our coffers? I would like to imagine that the mandarins in government actually had a plan for the euro-bond and had indeed even included it in the 204/2015 budget. If we cannot trust them that they will properly spend the money, then yes do not let them, but you have to also accept that when that development program does not happen, you will not complain! You cannot have it both ways can you? Does paying the 1.4 billion actually close the case of the Anglo Leasing scam? I do not think so. Do you guillotine your incompetent lawyer for losing your case and still not suffer the penalties arising out of the case? I do not think so! So if Kenyans are to become the judges of what is illegal and not in the international arena, I highly doubt a referendum clearing the dynamic duo from the charges against them at the Hague would mean anything to that kangaroo court and you can be sure the part of the world that wants to lord it over us would come down hard on us!! So sitting and calling the payments illegal ignores the jurisdiction of the courts that the Kenya government conceded to.
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Post by ebarasi on May 19, 2014 0:37:01 GMT 3
Why is someone like Jeff Koinange, with his vast platform, echoing the absurd logic of "pay so the world can accept our bond" rather than saying "we the people decide against the bond till we are comfortable with the management of our coffers - and indeed that holding Anglo Leasing lords to account is a low bar for such comfort"? Does the saying once beaten twice shy hold in ALL respects? I think this is what Mank is asking us to do. Why do we do things and then fail to take responsibility for our actions?? Why elect a government and then tie not one but both hands and expect it to function? What is the criteria for determining the comfort level against which we can trust the government with the management of our coffers? I would like to imagine that the mandarins in government actually had a plan for the euro-bond and had indeed even included it in the 204/2015 budget. If we cannot trust them that they will properly spend the money, then yes do not let them, but you have to also accept that when that development program does not happen, you will not complain! You cannot have it both ways can you? Does paying the 1.4 billion actually close the case of the Anglo Leasing scam? I do not think so. Do you guillotine your incompetent lawyer for losing your case and still not suffer the penalties arising out of the case? I do not think so! So if Kenyans are to become the judges of what is illegal and not in the international arena, I highly doubt a referendum clearing the dynamic duo from the charges against them at the Hague would mean anything to that kangaroo court and you can be sure the part of the world that wants to lord it over us would come down hard on us!! So sitting and calling the payments illegal ignores the jurisdiction of the courts that the Kenya government conceded to. Kamalet, in the highlighted segment find the disconnect. You admit to not knowing if the mandarins in government have a plan. Doesn't that bother you? If it does, isn't it just logical to ask questions where we know prudence has not been our strength when it comes to matters money? What makes it so hard then for the Mandarins in government to convincingly lay out the scenario(s) for the citizenry so that we see where we were "cooked" and who/whom we should "cook" as we struggle with atoning for our iniquities?
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Post by ebarasi on May 19, 2014 0:47:50 GMT 3
Mank, I read you loud and clear. How shall we take care of much that the future may promise when we can not even take care of the little we have in the present? This approach to the business of state and management will come back to bite hard at those who effect it. Time is the master. In Kenya, there are great ideas on how to both make money and raise money for different purposes but those entrusted with management have time and again proven that they lack moral and fiscal discipline. They simply cannot separate private affairs from state affairs. That's right. I think we need a few good men to go out there and open Kenya's eyes. Kenyans are being asked to stop the fretting about Anglo Leasing, pay off the illegal bills, and pave way for a history-setting borrowing that is the Eurobond - all that while those who pocket the benefits of Anglo Leasing scandals comfortably enjoy the loot. Do Kenyans understand that the Eurobond venture is a debt venture, whose proceeds will come into the hands that we entrust Public coffers, just like those who have given us Anglo Leasing bills? Do we understand that we shall have to pay whatever the bond value plus interest, and that the productivity of the borrowed funds will depend on decisions made by people no different from those who made Anglo Leasing decisions? Why is someone like Jeff Koinange, with his vast platform, echoing the absurd logic of "pay so the world can accept our bond" rather than saying "we the people decide against the bond till we are comfortable with the management of our coffers - and indeed that holding Anglo Leasing lords to account is a low bar for such comfort"? Mank, This is what concerns me too. Why not first clean up our house so that the money raised will be correctly targeted? Why the hurry? And why all this mysticism?
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Post by mank on May 19, 2014 3:20:10 GMT 3
Why is someone like Jeff Koinange, with his vast platform, echoing the absurd logic of "pay so the world can accept our bond" rather than saying "we the people decide against the bond till we are comfortable with the management of our coffers - and indeed that holding Anglo Leasing lords to account is a low bar for such comfort"? Does the saying once beaten twice shy hold in ALL respects? I think this is what Mank is asking us to do. Not in all respects, but in this case it does. I hope to make things clear, because I think you you do not accurately reflect my argument. Why do we do things and then fail to take responsibility for our actions?? Let's think about that! Taking responsibility. Who has taken responsibility of the mess that is Anglo Leasing? Do you think it is fair to ask Kenyans to take responsibility of a mess before holding those who created the mess in the first place responsible? Are Kenyans not indeed trying to take responsibility when they say that signatories to the scandals should face trial? Why elect a government and then tie not one but both hands and expect it to function? What is the criteria for determining the comfort level against which we can trust the government with the management of our coffers? Good question! In this case the comfort level is simple. Drag people like Amos Wako into a court of law, and let's see the wheels of justice teaching them that entrusting them with our accounts does not mean surrendering those accounts to their squander. It is only when such a thing happens that I see hope that the next person to sign a contract on Kenya's behalf will likely to do right! I would like to imagine that the mandarins in government actually had a plan for the euro-bond and had indeed even included it in the 204/2015 budget. If we cannot trust them that they will properly spend the money, then yes do not let them, but you have to also accept that when that development program does not happen, you will not complain! You cannot have it both ways can you? The reason the government cannot be trusted to manage the money is because it is sending the signal that if you can sign away Kenya's money, then do it ... nothing will happen to you. All I am saying is that someone should be held accountable for Anglo Leasing, and it is bad enough that it is taking pleading! ...You cannot have it both ways can you? Think about that too! Have it both ways? Money is squandered, and we are told to pay quick into the squander accounts so we can borrow more. Which way are we having it? We want it just one way ... someone is having it every way, and not the commoner. When your water reservoir is leaking you take time to repair it before continuing to fill it up. It is the common sense way of doing things. Why, in this case, are we being coerced against thinking about repair, and being pushed to fill the leaking tank at an acceleration? Does paying the 1.4 billion actually close the case of the Anglo Leasing scam? I do not think so. Do you guillotine your incompetent lawyer for losing your case and still not suffer the penalties arising out of the case? I do not think so! In my view it is not about lawyers losing a case. Uhuru wants us to think it is. You seem to believe it is. What was Kenya's case? It was that the contracts were illegal. But they were signed by Kenya. Why did Kenya sign illegal contracts? Is it that we did not have legal advice? Is it that the same people that were supposed to protect Kenya's resources found a way of looting Kenya through illegal contracts? It has been alleged to be so. And Kenyans have asked that the signatories be interrogated. So this is about the interrogation of those who approved illegal contracts. So if Kenyans are to become the judges of what is illegal and not in the international arena, I highly doubt a referendum clearing the dynamic duo from the charges against them at the Hague would mean anything to that kangaroo court and you can be sure the part of the world that wants to lord it over us would come down hard on us!! So sitting and calling the payments illegal ignores the jurisdiction of the courts that the Kenya government conceded to. Truly, we can judge Anglo Leasing contracts as illegal, and Wako seems to admit guilt ... I understand he claims that his signature on those contracts were not to seal the content in general, but to approve the junior signatures. What nonsense! But to be clear, I do not oppose paying the illegally founded bill. What I oppose is the blind eye that is so deliberately cast on purported fraudsters. It is this background that makes me say Eurobond should not even go on! Because we shall just be borrowing for squander.
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Post by OtishOtish on May 19, 2014 5:51:09 GMT 3
Friend Mank: Your statements have been brief, but logic has been forceful and a model of clarity. Those with eyes to see ... And those with ears to hear ... (Bugger the rest.) The only bit I am inclined to add to is this: " I do not oppose paying the illegally founded bill."Whether or not the thieves should be paid is another matter, although I have argued above that they will get paid. No matter what. The bit I wanted to add is that if Kenyans are really minded to pay the thieves, then---in theory, or in principle, or in something---that can be done with some of the money they stole. Githongo in this weekend's issue of THE STAR points out something that many people have forgotten or at least not brought up in this latest episode of The Anglo Fleecing Saga: there is "frozen" money, all over the place, that could be reclaimed and at least used somehow. www.the-star.co.ke/news/article-167483/interview-john-githongo-anglo-leasingIf I recall correctly ... at some point, somebody at KACC caught The Owners unawares and got the Swiss banks etc to do quite a bit of freezing. When The Owners woke up and noted the mischief, they immediately rushed to the Kenyan courts and got an order prohibiting KACC from seeking foreign help in chasing stolen money getting involved in contractual obligations. Kenyan courts were very helpful in those days, but what was frozen still remains in ice to thsi day ... the Swiss being anal-retentive sticklers for Rules & Regulations. So, then. Here we are today. The government of Kenya has never shown the slighest interest in getting back that money. From a "practical point of view" that makes a great deal of sense: it would be stupid for anyone in Kenya to even think of taking money that belongs to The Owners. Frozen or not. And we all know that it will eventually be Returned. Still, it would make great Con-The-Public PR to at least pretend that they wanted it back. Speaking, so to speak, of Con-The-People PR, the Daily Nation this week reproduced a "full and complete" summary-account of the Anglo leasing thing, accompanied by a "frank and open" explanation of why these latest payments must be made. It's a good effort but rather sloppy in some parts. And from the sloppy parts, I conclude this: The left-over final billions to be eaten are not in this thing that has got so many people worked up. The real left-overs are being eaten elsewhere, and the only notable thing about the present case is that Impatient Owners have decided to make an ugly, public scene. (To be fair to them, it's been a long time to wait, even taking into account that only hot air and rusted iron was delivered.) [TO BE CONTINUED.]
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Post by OtishOtish on May 19, 2014 6:08:20 GMT 3
Why do we do things and then fail to take responsibility for our actions?? A good question for almost all of Africa, almost all of the time.
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Post by mank on May 19, 2014 8:13:00 GMT 3
Friend Mank: Your statements have been brief, but logic has been forceful and a model of clarity. Those with eyes to see ... And those with ears to hear ... (Bugger the rest.) The only bit I am inclined to add to is this: " I do not oppose paying the illegally founded bill."Whether or not the thieves should be paid is another matter, although I have argued above that they will get paid. No matter what. The bit I wanted to add is that if Kenyans are really minded to pay the thieves, then---in theory, or in principle, or in something---that can be done with some of the money they stole. Githongo in this weekend's issue of THE STAR points out something that many people have forgotten or at least not brought up in this latest episode of The Anglo Fleecing Saga: there is "frozen" money, all over the place, that could be reclaimed and at least used somehow. www.the-star.co.ke/news/article-167483/interview-john-githongo-anglo-leasingIf I recall correctly ... at some point, somebody at KACC caught The Owners unawares and got the Swiss banks etc to do quite a bit of freezing. When The Owners woke up and noted the mischief, they immediately rushed to the Kenyan courts and got an order prohibiting KACC from seeking foreign help in chasing stolen money getting involved in contractual obligations. Kenyan courts were very helpful in those days, but what was frozen still remains in ice to thsi day ... the Swiss being anal-retentive sticklers for Rules & Regulations. So, then. Here we are today. The government of Kenya has never shown the slighest interest in getting back that money. From a "practical point of view" that makes a great deal of sense: it would be stupid for anyone in Kenya to even think of taking money that belongs to The Owners. Frozen or not. And we all know that it will eventually be Returned. Still, it would make great Con-The-Public PR to at least pretend that they wanted it back. Speaking, so to speak, of Con-The-People PR, the Daily Nation this week reproduced a "full and complete" summary-account of the Anglo leasing thing, accompanied by a "frank and open" explanation of why these latest payments must be made. It's a good effort but rather sloppy in some parts. And from the sloppy parts, I conclude this: The left-over final billions to be eaten are not in this thing that has got so many people worked up. The real left-overs are being eaten elsewhere, and the only notable thing about the present case is that Impatient Owners have decided to make an ugly, public scene. (To be fair to them, it's been a long time to wait, even taking into account that only hot air and rusted iron was delivered.) [TO BE CONTINUED.]Tell me, who are we to pay? Don't tell me it is the same Pereira and the ilk! I might explode. To be continued, in deed!
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Post by OtishOtish on May 19, 2014 19:27:44 GMT 3
[CONTINUING]
How not-to recover money: Guide for Kenya
I once watched this "Nature" show on TV that involved a small, wild dog and a much bigger animal. They went at it in a huge cloud of vumbi that made it hard to closely follow the proceedings, but I was sure the Big Animal would come out on top. Amazingly, when the vumbi settled the Big Animal was down!
Let us take just Universal Satspace. It had a contract for about $28 million and got an initial payment of $16 million. (The legal skirmishes have been over the "oustanding" $12 million.) At some point PwC did an audit and advised the government that the company had indeed delivered something but that it was mostly a small pile of junk; GoK was advised to sue, to get back $15 million. So, off went the Big Animal. Now the vumbi has settled, and it turns out to have been a reverse-recovery mission! It is not often that a person sets off to get back his money and parts with some more. But there is a saying: a fool and ..
The mchuzi after the meat:
Once in a while I am luck enough to get an especially tasty dish of chicken or fish or beef. It then usually happens that even when I am done with the meat, there is still a bit of very tasty mchuzi left on the plate. What I do then is take one big lump of ugali and thoroughly clean the plate. By the time I am done, the plate looks like it just came out of a dishwasher.
The Anglo-Leasing meat has been eaten. Now it is time for the mchuzi. Take a look at the Frank, Complete, and Final Disclosure To The Citizens (FCFD), as issued by their His Excellency:
www.scribd.com/doc/224361837/Government-Statement-on-the-Settlement-of-Two-Foreign-Judgement-Debts-Against-Republic-of-Kenya-First-Mercantile-and-Universal-Satspace
Kazi inaendelea
Although all the contracts were entered into more than 10 years ago, with certain specific dates for delivery, "work" still continues on some of them. Naturally, this involves risks, and, at 11(a) of the FCFD, The Worthy Citizens are informed that
"There are six (6) contracts with a value of Ksh 16.6 billion that pose greatest risk to the Government of Kenya. It is estimated that the Government of Kenya has a claim of Ksh4.0 billion on these contracts as shown in the table below."
So, who wants to bet that these people will not get paid the rest of their money.?
Top-secret national security
For one of the contracts, the last part of 11(b) of the FCFD, informs the The Worthy Citizens that
"One Project, under National Intelligence Services (NIS) was not valued due to national security considerations."
It is not clear what the value has to do with national security and why it cannot be stated. After all, there was a contract issued in a specific amount. But the mchuzi has to be cleaned off the plate. In order for The Worthy Citizens to determine whether they were robbed or are still being robbed, they would have to know the name of the company involved, what the contract was for, the amount involved, whether anything was delivered, and so on. Their government would very much like to help and be frank-and-full in its total-and-final disclosure, but, sadly, top-secret national security issues are involved. Too bad.
What someone forgot to tell the His Excellency is that the relevant information has been in the public domain (in quite a few places) for quite some time
(See the Githongo Report: www.africafocus.org/docs06/git0602.php)
- Company: Ciara Systems - Project: Flagstaff - Purpose: Design, maintain satellite for NSIS - Amount: $44 million
One of the things that the Frank, Complete, and Final Disclosure To The Citizens does not disclose to the citizens is that Ciara too sued GoK to get the rest of what it was owed for delivering hot air. Top-national security, can't reveal things like that. And how did that go? That too is a top-secret national security matter.
What next for The Worthy Citizens?
Every Kenyan president has had some particularly helpful words to guide the citizens during times of stress and confusion. May the Worthy Citizens be guided and comforted.
I: hatutaki nyoko nyoko II: kaeni hivyo hivyo III: kazi indelee IV: accept and move on
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Post by jakaswanga on May 19, 2014 20:14:55 GMT 3
Kenya failed to amount any meaningful defence! WHY? No brainy lawyers around? Or no money to hire brainy lawyers from elsewhere? Non of the above. Failing to amount a defence was part of the plot to swindle, since a bit of a brainy lawyer would have, under astitute cross examination, revealed a massive scam. Githu the man who read outstanding law to ICC Bensouda as to why the GoK could not know of Uhuru’s accounts!? Githu Muigai who tried to argue Kenya pull out of the Treaty of Rome that launched the ICC? That is not a Githu Muigai who can use the argument of ‘’Kenya being seen in bad light!’’ It would be such cheap logic, that if he got his professorship in Germany, the respective college would re-call it, and ban him from the alumni list!A government to pay up an obvious fraudulent deal, is actually to fix its image as a corrupt racket run by incompetents. i have to swallow back that one about Germany! Even Motherland Kenya has grown up to demand the highest levels of competence from her professors, or at least the Law Society of Kenya is minded to set the bar for professionals in her orbit. Here is what I am talking about: www.nation.co.ke/news/LSK-vows-action-against-Githu-Muigai-over-Anglo-Leasing/-/1056/2318428/-/uasw2iz/-/index.html www.nation.co.ke/news/LSK-vows-action-against-Githu-Muigai-over-Anglo-Leasing/-/1056/2318428/-/uasw2iz/-/index.html And here are some painful details of what we can call collusive incompetence which points to a plot to loose the case. There are moments when you recognise the future is in dangerous hands. When Uhuru is in a tight spot and wants some good lawyers, who is gonna call! --some real ghostbusters! like QC Kay and the likes of aggressive Khan! now starring at the ICC. It is when he wants to DELIBERATELY loose a case, THAT he sends the likes of Muturi to argue in foreign lands without even a jua-kali pass! One gets to understand why his country is going nowhere! Removal from the list of alumni will not be enough punishment, neither will interdiction. This is raw treason, if in deed Muturi was sent to argue without a legal pass to practice law in that country. Treason is an upper scale of punishment.
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Post by mwalimumkuu on May 20, 2014 15:31:52 GMT 3
Here the AG places the whole thing into perspective (note this is only one/two of the many contracts, the subject of the 1.4B Kshs. that the UhuRuto government has wired to Europe as debt payment. Even more revealing is this letter by the then Director of KACC Aaron Ringera. The Mudavadis, Chahonyos, Ameyos, Wakos and Ubures were at the center of the suspect transactions: www.standardmedia.co.ke/downloads/KACC_Request_for_Mutual_Legal_Assistance.pdf~~ Mwalimumkuu @nyumbakubwa ~~
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Post by jakaswanga on May 20, 2014 19:38:23 GMT 3
Here the AG places the whole thing into perspective (note this is only one/two of the many contracts, the subject of the 1.4B Kshs. that the UhuRuto government has wired to Europe as debt payment. Even more revealing is this letter by the then Director of KACC Aaron Ringera. The Mudavadis, Chahonyos, Ameyos, Wakos and Ubures were at the center of the suspect transactions: www.standardmedia.co.ke/downloads/KACC_Request_for_Mutual_Legal_Assistance.pdf~~ Mwalimumkuu @nyumbakubwa ~~ Mwalimumkuu, Power does tend to corrupt, so please do assure us, Sir, that your short tenure at Nyumba Kubwa is not already taking its toll on the sharper edges of the former head of Mukibi’s, to whom we so willingly entrusted our offspring for some patriotic moulding. My narrative looks like this. Under career-threatening pressure, under the fear of being totally discredited professionally –that is the full import of the footnote the LSK added in their show cause clause---, AG Githu Muigai has cracked open a bit, and released names from under his bonnet. Names he had all along. Names of Kenyans. Liable Kenyans, including a former Finance Minister once entangled in a controversy over an offshore account in some British tax-evasion island in the Caribbean. These Kenyans, definitely in concert with others not yet named but, I reckon, fully known to the highest echelons of government, conspired to use or facilitate foreign companies to defraud the Kenya government. (Former Anti Corruption Czar John Githong’o’s reports leaves no doubts). But earlier on: see the above Youtube relayed press conference at + 4:40 Amos Wako's brilliance : A report about allegations of corruption, was how the court referred to the PWC report tabled by the Kenya Government, Wako as AG!!! Knowing this ---even if Githu Muigai calls himself a MORTICIAN of a CADAVER killed long ago as a patient of EARLIER DOCTORS, which are the local LEGAL steps the AG, or mortician, has taken to call known rogue surgeons to account? Has he dropped the file at DPP Tobiko’s office? Or worse, is he acting in concert with that office to sweep things under the carpet? How can the President get seized of such expediency, to go ahead and authorise fraudulent payments, without a statement of what has been done to part of the criminal masterminds who, apparently, are Kenyans? Could his excellency ever be more callous? more disingenuous? ---Bethink thee of these matters, Ex Mwalimu. It is such a choreographed dance of incompetent steps which smacks of a conspiracy! And then an elaborate scheme to cover things up! And seeing the amounts of money involved! The terrible detail is just how many CORD Luminaries are deep into this. Wako and MDVD, two Great Luhya prominents, I see, have come out strongly to protest their innocence and advice Githu Muigai to bear his own cross! I feel for Githu. Really I do. The original sin was committed when he was still a toddler elsewhere! Yet now, it is his head being shoved under the guillotine by a mob of no less rotten creatures! Sh!t indeed does happen!
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Post by OtishOtish on May 22, 2014 18:33:37 GMT 3
[CONTINUING]
How not-to recover money: Guide for Kenya
I once watched this "Nature" show on TV that involved a small, wild dog and a much bigger animal. They went at it in a huge cloud of vumbi that made it hard to closely follow the proceedings, but I was sure the Big Animal would come out on top. Amazingly, when the vumbi settled the Big Animal was down!
Let us take just Universal Satspace. It had a contract for about $28 million and got an initial payment of $16 million. (The legal skirmishes have been over the "oustanding" $12 million.) At some point PwC did an audit and advised the government that the company had indeed delivered something but that it was mostly a small pile of junk; GoK was advised to sue, to get back $15 million. So, off went the Big Animal. Now the vumbi has settled, and it turns out to have been a reverse-recovery mission! It is not often that a person sets off to get back his money and parts with some more. But there is a saying: a fool and ..
The mchuzi after the meat:
Once in a while I am luck enough to get an especially tasty dish of chicken or fish or beef. It then usually happens that even when I am done with the meat, there is still a bit of very tasty mchuzi left on the plate. What I do then is take one big lump of ugali and thoroughly clean the plate. By the time I am done, the plate looks like it just came out of a dishwasher.
The Anglo-Leasing meat has been eaten. Now it is time for the mchuzi. Take a look at the Frank, Complete, and Final Disclosure To The Citizens (FCFD), as issued by their His Excellency:
www.scribd.com/doc/224361837/Government-Statement-on-the-Settlement-of-Two-Foreign-Judgement-Debts-Against-Republic-of-Kenya-First-Mercantile-and-Universal-Satspace
Kazi inaendelea
Although all the contracts were entered into more than 10 years ago, with certain specific dates for delivery, "work" still continues on some of them. Naturally, this involves risks, and, at 11(a) of the FCFD, The Worthy Citizens are informed that
"There are six (6) contracts with a value of Ksh 16.6 billion that pose greatest risk to the Government of Kenya. It is estimated that the Government of Kenya has a claim of Ksh4.0 billion on these contracts as shown in the table below."
So, who wants to bet that these people will not get paid the rest of their money.?
Top-secret national security
For one of the contracts, the last part of 11(b) of the FCFD, informs the The Worthy Citizens that
"One Project, under National Intelligence Services (NIS) was not valued due to national security considerations."
It is not clear what the value has to do with national security and why it cannot be stated. After all, there was a contract issued in a specific amount. But the mchuzi has to be cleaned off the plate. In order for The Worthy Citizens to determine whether they were robbed or are still being robbed, they would have to know the name of the company involved, what the contract was for, the amount involved, whether anything was delivered, and so on. Their government would very much like to help and be frank-and-full in its total-and-final disclosure, but, sadly, top-secret national security issues are involved. Too bad.
What someone forgot to tell the His Excellency is that the relevant information has been in the public domain (in quite a few places) for quite some time
(See the Githongo Report: www.africafocus.org/docs06/git0602.php)
- Company: Ciara Systems - Project: Flagstaff - Purpose: Design, maintain satellite for NSIS - Amount: $44 million
One of the things that the Frank, Complete, and Final Disclosure To The Citizens does not disclose to the citizens is that Ciara too sued GoK to get the rest of what it was owed for delivering hot air. Top-national security, can't reveal things like that. And how did that go? That too is a top-secret national security matter.
What next for The Worthy Citizens?
Every Kenyan president has had some particularly helpful words to guide the citizens during times of stress and confusion. May the Worthy Citizens be guided and comforted.
I: hatutaki nyoko nyoko II: kaeni hivyo hivyo III: kazi indelee IV: accept and move on
This just in:
"Less than a week after President Uhuru Kenyatta ordered that Sh1.4 billion be paid for two Anglo Leasing projects, the man who got the money has come back demanding Sh3.05 billion more.
Mr Anura Perrera, identified by former Ethics and Anti-Corruption Permanent Secretary John Githongo as the shadowy figure behind many Anglo Leasing-type projects, is now demanding the new payment for a separate project carried out by a company associated with him.
Deputy Solicitor General Muthoni Kimani and Treasury Principal Secretary Kamau Thugge told the Public Accounts Committee yesterday that the government had received a notice of claim for Project Flagstaff, linked to the National Intelligence Service (NIS)."
www.nation.co.ke/news/Anglo-Leasing-firm-wants-Sh3bn-more/-/1056/2324016/-/s1s2pq/-/index.html
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Post by podp on May 23, 2014 19:20:27 GMT 3
they try blinding us who have spotlights that outshine their evil deeds Anglo Leasing - my two cents worth: --------------------------------------------- The Anglo-Leasing saga has become part of Deji Rahman's circus of the absurd and it continues to provide more material for that collection. The conduct of the Jubilee coalition, CORD, the AG, the President, the LSK and Ababu Namwamba 's PAC have one common denominator: To stupefy the nation. I will therefore attempt to put certain facts in the public domain. Maybe then, Kenyans may understand what this circus is all about. 1. The President, the AG and some Jubilee political "choir members" and obviously semi-illiterate lawyers are claiming there are some two international court judgements from Switzerland and the UK that must be honored by paying the Anglo-Leasing invoices - evidently and well known scams by elements of the previous and current political dealers. This is totally untrue. I will explain: Requested by KACA, the Swiss opened investigations on Anglo-Leasing and found a clear case of Money laundering which is a violation of Swiss laws. Subsequently, Anglo-Leasing accounts were frozen. The bank accounts had a total of Swiss Francs 160 million (ca 16 billion Kenya shillings). Anglo-Leasing then accused the Kenya Government before the cantonal court of Geneva of non-payment of fees for services previously rendered or violation of contract. Through neglect and possibly by intent, the Kenya Government lost the case. This is the judgement Uhuru Kenyatta, the AG and the political class are talking about. But it is not the only payment they intend to make. 2. First, the judgement by the cantonal court of Geneva is not an international court judgement as Kenyans are being told. It is not even a national court judgement in Switzerland. A judgement by the cantonal court DOES not automatically trigger enforcement of debt collection in Switzerland. After the judgement, the insolvency law of Switzerland of 11 April 1889 (yes, Eighteen Eighty Nine), codified in the Federal Statute on Debt Enforcement and Bankruptcy (Bundesgesetz über Schuldbetreibung und Konkurs / Loi fédérale sur la poursuite pour dettes et la faillite) comes into force. What this means is that Anglo-Leasing can thereafter initiate debt enforcement proceedings (Betreibungsverfahren / procédure de poursuite) by filing a debt collection request (Betreibungsbegehren / réquisition de poursuite) against the Kenya Government.This must be done at the competent cantonal debt collection office (Betreibungsamt / office des poursuites) at the domicile of the Kenya Government in Switzerland. The debt collection office then serves a summons for payment (Zahlungsbefehl / commandement de payer) on the Kenya Government. But since the Kenya Government does not "live in Switzerland" the debt becomes invalid and unpayable. The permanent mission to the UN is protected under Swiss Law and enjoys immunity status. Dead end! 3. Secondly, enforcement of a decision against assets of a State or its instrumentalities, including the execution of awards rendered on the basis of the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of other States (which does not apply in the case of Anglo Leasing) can only be done through the Swiss Federal Supreme Court. This is not the case for Anglo Leasing. 4. Even if the Washington convention were to be applied (Uhuru and Muigai insinuated) the Swiss Federal Supreme Court applies the concept of State immunity restrictively. It distinguishes between matters involving foreign States acting in their sovereign capacity, i.e. de iure imperii, and those involving foreign States acting in a private capacity, i.e. de iure gestionis. Where the State acted de iure imperii, sovereign immunity applies and the State cannot be a party to proceedings before Swiss courts. Anglo Leasing becomes a dead end here again. 4. Fourth, where the State acted de iure gestionis, sovereign immunity from jurisdiction may only be lifted, provided the matter has an ‘appropriate’ connection with Switzerland (“Binnenbeziehung”/“rattachement suffisant”). Such connections are deemed to exist where the claim originated or had to be performed in Switzerland. The mere fact that Anglo-Leasing has some letter-box address in Switzerland is not sufficient to create such a connection. Under Article 92(1)(11) of the Debt Collection and Bankruptcy Act (the “DCBA”) of Switzerland, “assets belonging to a foreign State or a central bank and assigned to tasks which are part of their duty as public authorities” are immune from execution measures. Again here, the claims are dead on arrival in Switzerland. In conclusion, that the claims, purportedly enforced by a Swiss court, have been paid through a law firm and bank account in England should be an indication to Kenyans that we are facing day light robbery. Thing is, if it was paid through Switzerland, it would be frozen. So they paid for it through England. Truth is that some people in the government want Anglo-Leasing Swiss frozen 16 billion to be released. To achieve this, they must prove that the so-called corruption that made the Swiss freeze the money does not exist. This can only be validated by the payment of the 1.4 billion shillings. They want 17 billion shillings. Don't focus on 1.4 billion shillings only.
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Post by mank on May 24, 2014 22:02:44 GMT 3
they try blinding us who have spotlights that outshine their evil deeds Anglo Leasing - my two cents worth: --------------------------------------------- The Anglo-Leasing saga has become part of Deji Rahman's circus of the absurd and it continues to provide more material for that collection. The conduct of the Jubilee coalition, CORD, the AG, the President, the LSK and Ababu Namwamba 's PAC have one common denominator: To stupefy the nation. I will therefore attempt to put certain facts in the public domain. Maybe then, Kenyans may understand what this circus is all about. 1. The President, the AG and some Jubilee political "choir members" and obviously semi-illiterate lawyers are claiming there are some two international court judgements from Switzerland and the UK that must be honored by paying the Anglo-Leasing invoices - evidently and well known scams by elements of the previous and current political dealers. This is totally untrue. I will explain: Requested by KACA, the Swiss opened investigations on Anglo-Leasing and found a clear case of Money laundering which is a violation of Swiss laws. Subsequently, Anglo-Leasing accounts were frozen. The bank accounts had a total of Swiss Francs 160 million (ca 16 billion Kenya shillings). Anglo-Leasing then accused the Kenya Government before the cantonal court of Geneva of non-payment of fees for services previously rendered or violation of contract. Through neglect and possibly by intent, the Kenya Government lost the case. This is the judgement Uhuru Kenyatta, the AG and the political class are talking about. But it is not the only payment they intend to make. 2. First, the judgement by the cantonal court of Geneva is not an international court judgement as Kenyans are being told. It is not even a national court judgement in Switzerland. A judgement by the cantonal court DOES not automatically trigger enforcement of debt collection in Switzerland. After the judgement, the insolvency law of Switzerland of 11 April 1889 (yes, Eighteen Eighty Nine), codified in the Federal Statute on Debt Enforcement and Bankruptcy (Bundesgesetz über Schuldbetreibung und Konkurs / Loi fédérale sur la poursuite pour dettes et la faillite) comes into force. What this means is that Anglo-Leasing can thereafter initiate debt enforcement proceedings (Betreibungsverfahren / procédure de poursuite) by filing a debt collection request (Betreibungsbegehren / réquisition de poursuite) against the Kenya Government.This must be done at the competent cantonal debt collection office (Betreibungsamt / office des poursuites) at the domicile of the Kenya Government in Switzerland. The debt collection office then serves a summons for payment (Zahlungsbefehl / commandement de payer) on the Kenya Government. But since the Kenya Government does not "live in Switzerland" the debt becomes invalid and unpayable. The permanent mission to the UN is protected under Swiss Law and enjoys immunity status. Dead end! 3. Secondly, enforcement of a decision against assets of a State or its instrumentalities, including the execution of awards rendered on the basis of the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of other States (which does not apply in the case of Anglo Leasing) can only be done through the Swiss Federal Supreme Court. This is not the case for Anglo Leasing. 4. Even if the Washington convention were to be applied (Uhuru and Muigai insinuated) the Swiss Federal Supreme Court applies the concept of State immunity restrictively. It distinguishes between matters involving foreign States acting in their sovereign capacity, i.e. de iure imperii, and those involving foreign States acting in a private capacity, i.e. de iure gestionis. Where the State acted de iure imperii, sovereign immunity applies and the State cannot be a party to proceedings before Swiss courts. Anglo Leasing becomes a dead end here again. 4. Fourth, where the State acted de iure gestionis, sovereign immunity from jurisdiction may only be lifted, provided the matter has an ‘appropriate’ connection with Switzerland (“Binnenbeziehung”/“rattachement suffisant”). Such connections are deemed to exist where the claim originated or had to be performed in Switzerland. The mere fact that Anglo-Leasing has some letter-box address in Switzerland is not sufficient to create such a connection. Under Article 92(1)(11) of the Debt Collection and Bankruptcy Act (the “DCBA”) of Switzerland, “assets belonging to a foreign State or a central bank and assigned to tasks which are part of their duty as public authorities” are immune from execution measures. Again here, the claims are dead on arrival in Switzerland. In conclusion, that the claims, purportedly enforced by a Swiss court, have been paid through a law firm and bank account in England should be an indication to Kenyans that we are facing day light robbery. Thing is, if it was paid through Switzerland, it would be frozen. So they paid for it through England. Truth is that some people in the government want Anglo-Leasing Swiss frozen 16 billion to be released. To achieve this, they must prove that the so-called corruption that made the Swiss freeze the money does not exist. This can only be validated by the payment of the 1.4 billion shillings. They want 17 billion shillings. Don't focus on 1.4 billion shillings only. Podp, this is the only post that makes the case in Europe worth any attention. Otherwise I thought it was just a smoke screen, meant to tell Kenyans "we did all we could legally." If your analysis is correct however, then it is not just a smokescreen but also part of the scam. The scam now in overdrive! Meanwhile Kenyans have been worn over, and they now cheer for the opposing team. All in the fear of losing an opportunity to offer an Eurobond. Talk of sheep incessantly seeking the slaughter house's entrance! If we meant what we argued in Switzerland about Anglo Leasing deals being fraudulent, wouldn't our first step have been to go after the fraudsters? Sorry to be repetitive ... but that's a question that should be answered before we consider other arguments being made by those who argue that we did our best at law. As I hear the big boys sing over and over that "we'll get the money back" I must wonder "to whom have we loaned the money"? If someone has defrauded us, and we know it, is waiting to get the money back the best we can do? Just who do we put in prison in Kenya? Meanwhile this caught my eye: Iran billionaire executed over $2.6B bank fraudTEHRAN, Iran (AP) — A billionaire businessman at the heart of a $2.6 billion state bank scam in Iran, the largest fraud case since the country's 1979 Islamic Revolution, was executed Saturday, state television reported....Someone tell me of one government official in Kenya's history that got jailed for fraud! If we had a Kim Jong Un someone would already have been executed ... over a lunch hour at Uhuru park (I imagine), and I would now be totally fine with issuing Eurobonds ... even Chinobonds ... I really would not worry in that situation.
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Post by jakaswanga on May 25, 2014 0:41:34 GMT 3
Let us see some facts which others have unearthed and chronicled. The Fiscal Investigative Unit of the Kenyan CID, has always been in a coma of course. So one will have to excuse the financial secretaries Rotich and Thugge for being beings that knoweth not, as opposed to normal humans who are defined as '' knowing beings''! Here is some foreign reporter did our work for us. One of the great things about human beings as knowing beings: that we Kenyans have decided to go brain dead on state theft, does not mean the whole world shares the indulgent tranquil of our mental cemetery, they just chew the facts and force feed us. here is David Pallister of the Guardian, way back in 2004. --- Those days we were too busy arguing about an MOU which had been trashed or not, as we sleepwalked toward 2007 PEV.It is a chronicle worth taking all, in bits. www.theguardian.com/world/2004/jul/06/kenya.davidpallister A telephone call to the serious fraud department of the British government. That is the Daniel who is Uhuru Kenyatta's political godfather. Saagar, owned by a woman whose father was a business partner of prime movers in the Moi regime. Anglo-Leasing is a home project! DGI Gichangi's predecessor is called Major Boinet. What does he know from intelligence? Nothing I :-Xpresume! The transcript of that interview/interrogation ... available? for some mahindra-like performance at questioning. At Wikileaks, the name of the man at Kibaki's office who acted with foreknowledge, is given. That really is a company that can scare you with a new court case to pay up or lose eurobonds? hehe! did Otishsay it is done He he he, Genya! So there you were, in 2004. A decade later, the president of the republic says we are out of options! gotta pay! I guess this is why some countries become industrialised in 25 years, while others, like ours, kind of just do not get anywhere. You can not do stupid things like this and expect another result! ---Genya!
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Post by podp on May 26, 2014 18:09:24 GMT 3
Let us see some facts which others have unearthed and chronicled. The Fiscal Investigative Unit of the Kenyan CID, has always been in a coma of course. So one will have to excuse the financial secretaries Rotich and Thugge for being beings that knoweth not, as opposed to normal humans who are defined as '' knowing beings''! Here is some foreign reporter did our work for us. One of the great things about human beings as knowing beings: that we Kenyans have decided to go brain dead on state theft, does not mean the whole world shares the indulgent tranquil of our mental cemetery, they just chew the facts and force feed us. here is David Pallister of the Guardian, way back in 2004. --- Those days we were too busy arguing about an MOU which had been trashed or not, as we sleepwalked toward 2007 PEV.It is a chronicle worth taking all, in bits. www.theguardian.com/world/2004/jul/06/kenya.davidpallister A telephone call to the serious fraud department of the British government. That is the Daniel who is Uhuru Kenyatta's political godfather. Saagar, owned by a woman whose father was a business partner of prime movers in the Moi regime. Anglo-Leasing is a home project! DGI Gichangi's predecessor is called Major Boinet. What does he know from intelligence? Nothing I :-Xpresume! The transcript of that interview/interrogation ... available? for some mahindra-like performance at questioning. At Wikileaks, the name of the man at Kibaki's office who acted with foreknowledge, is given. That really is a company that can scare you with a new court case to pay up or lose eurobonds? hehe! did Otishsay it is done He he he, Genya! So there you were, in 2004. A decade later, the president of the republic says we are out of options! gotta pay! I guess this is why some countries become industrialised in 25 years, while others, like ours, kind of just do not get anywhere. You can not do stupid things like this and expect another result! ---Genya! was in attendance to some forward looking forum and the last line red high lighted was repeated by many speakers 'this is why Singapore, Malaysia, Viet Nam, South Korea, China etc. industrialized in 25 years time while those ruled by mad ones like Genya repeat the same theft of public funds expecting a different result, from father (old Jomo) to son (Ouru)! the former was surrounded by expatriates while the latter has our own Professors aka Kagwanja, Muingai etc. rationalizing the theft to us and spinning conspiracy theories to make our minds wander away.
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Post by OtishOtish on May 26, 2014 20:20:00 GMT 3
Podp:
Those are very interesting observations. Well worth thinking about in depth. And who knows what the results of such thinking might be. Of course, there is an attractive and comfortable alternative: simply say "own pace, own way", and leave it at that.
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Post by podp on May 27, 2014 16:37:14 GMT 3
Podp: Those are very interesting observations. Well worth thinking about in depth. And who knows what the results of such thinking might be. Of course, there is an attractive and comfortable alternative: simply say " own pace, own way", and leave it at that. the guilty are always afraid and it is so nice it is happening when the current PORK who was in opposition when the Anglo Fleecing payments were to be paid www.nation.co.ke/news/Deepak-Kamani-files-suit-to-block-Swiss-request/-/1056/2385524/-/14jc2n9z/-/index.htmlBusinessman Deepak Kamani has asked a court to stop the government from giving information to Switzerland over Anglo Leasing-type contracts. Mr Kamani, his father Chamanlal Kamani and brother Rashmi Kamani want the court to bar Attorney-General Githu Muigai from acting on a request by the Swiss Federal Attorney for information about them over money laundering and dealings with firms implicated in the Sh18 billion contracts. Their lawyer, Mr Paul Nyamodi, yesterday told the High Court in Nairobi that Prof Githu had publicly stated he would act on the request. Switzerland alleges that the three were involved in money laundering between 1999 and 2004. They could be extradited to the country for prosecution. “From the face of the request, it is apparent that any intended prosecution of the petitioners will be a violation of their rights if the AG goes ahead without giving them an opportunity to be heard,” said Mr Nyamodi. Justice Isaac Lenaola declined to grant temporary restraining orders. “I don’t think there is any prima facie case to grant interim orders before the hearing of the petition,” he said. “There is nothing to warrant the orders at this stage.” The Kamanis were linked to companies that were awarded 13 out of 18 Anglo Leasing-type security contracts. The remaining went to Sri Lankan tycoon Anura Perera, who was recently paid Sh1.4 billion by the government. RECORDS OF PAYMENT The Swiss authorities wrote to Prof Githu on June 3 requesting records of payment that the government made to Anglo Leasing-type companies associated with the Kamanis, bank documentation of the payments and any deed of property transferred. They further sought recorded witness statements, evidence of any corrupt payment made by the government to the companies and any document likely to confirm that the three were engaged in money laundering. Justice Lenaola directed the AG to respond to the petition within 14 days, and scheduled the hearing for August 5.
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Post by podp on Jul 16, 2014 15:48:34 GMT 3
Podp: Those are very interesting observations. Well worth thinking about in depth. And who knows what the results of such thinking might be. Of course, there is an attractive and comfortable alternative: simply say " own pace, own way", and leave it at that. the guilty are always afraid and it is so nice it is happening when the current PORK who was in opposition when the Anglo Fleecing payments were to be paid www.nation.co.ke/news/Deepak-Kamani-files-suit-to-block-Swiss-request/-/1056/2385524/-/14jc2n9z/-/index.htmlBusinessman Deepak Kamani has asked a court to stop the government from giving information to Switzerland over Anglo Leasing-type contracts. Mr Kamani, his father Chamanlal Kamani and brother Rashmi Kamani want the court to bar Attorney-General Githu Muigai from acting on a request by the Swiss Federal Attorney for information about them over money laundering and dealings with firms implicated in the Sh18 billion contracts. Their lawyer, Mr Paul Nyamodi, yesterday told the High Court in Nairobi that Prof Githu had publicly stated he would act on the request. Switzerland alleges that the three were involved in money laundering between 1999 and 2004. They could be extradited to the country for prosecution. “From the face of the request, it is apparent that any intended prosecution of the petitioners will be a violation of their rights if the AG goes ahead without giving them an opportunity to be heard,” said Mr Nyamodi. Justice Isaac Lenaola declined to grant temporary restraining orders. “I don’t think there is any prima facie case to grant interim orders before the hearing of the petition,” he said. “There is nothing to warrant the orders at this stage.” The Kamanis were linked to companies that were awarded 13 out of 18 Anglo Leasing-type security contracts. The remaining went to Sri Lankan tycoon Anura Perera, who was recently paid Sh1.4 billion by the government. RECORDS OF PAYMENT The Swiss authorities wrote to Prof Githu on June 3 requesting records of payment that the government made to Anglo Leasing-type companies associated with the Kamanis, bank documentation of the payments and any deed of property transferred. They further sought recorded witness statements, evidence of any corrupt payment made by the government to the companies and any document likely to confirm that the three were engaged in money laundering. Justice Lenaola directed the AG to respond to the petition within 14 days, and scheduled the hearing for August 5.
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