Thank God. But in dismissing the suit, the judge ought to have awarded legal costs against the thieves automatically not requiring another suit by the Nigerian government. Isn't this is the way the system is supposed to work? 


Adetunji Ashimi Lesi CPA, CMA
>From: Felix Ossia <[log in to unmask]>
>Reply-To: "AAM (African Association of Madison)" <[log in to unmask]>
>To: [log in to unmask]
>Subject: $39m 419 Case Against Nigeria In US Dismissed
>Date: Sat, 19 Oct 2002 09:09:02 -0500
>
>$39m 419 Case Against Nigeria In US Dismissed
>LAOLU AKANDE NEW YORK
>
>IN a major 419 suit brought against the federal government in the
>
>United States by six American citizens who contended that agents of the
>
>Nigerian government defrauded them of a sum of $831,179, a US district
>
>court in Virginia has ruled in favour of Nigeria dismissing the
>plaintiffs
>
>demand for relief and damages against the federal government totaling
>
>$139,027,000.
>
>The Americans, including a surgeon and businessmen claimed that they
>
>had a pipeline supply contract, which they completed with the NNPC for
>
>which a payment of $35,680,000 was due in 1993. Their company Kemax
>
>apparently unaware that they were dealing paid almost a
>
>million dollars to the people who were posing to be NNPC officials.
>
>But in the defense of the Federal Government and NNPC, their lawyer,
>
>, Mr. Ignatius Chibututu argued before the US court that
>
>not only didn't the defendants supply anything to NNPC, they at no time
>
>dealt with bona fide officials of the NNPC.
>
>Before this case, similar ones had been brought against the FG in the
>
>United States, England, Canada and Switzerland by Americans and
>
>Europeans defrauded by fraudsters. Nigeria is said to have lost some of
>such
>
>cases in the past, even though these are based on bogus claims of
>contract
>
>with the Federal Government or their agents.
>
>For instance, a similar case brought against Nigeria in Canada was lost
>
>last year, for which Nigeria is currently appealing.
>
>At a 419 seminar in New York attended in September by President Olusegun
>
>
>Obasanjo and top officials of the NNPC, CBN, NIPC, FBI and the US Dept.
>
>of Justice, the NNPC General
>
>Manager Chief legal Adviser Chief Sena Anthony stressed that it is
>
>important that US courts stop paying attention to such frivolous cases.
>He added that they are a brunt on Nigeria's resources, since the FG had
>to post a
>
>defense, which will include bringing witnesses from Nigeria and other
>legal
>
>fees and charges. If the Federal Government chose not to defend the
>cases, the
>
>plaintiffs can win by default and assets and property of Nigeria abroad
>could be
>
>seized.
>
>The six Americans who brought the case against Nigeria in Virginia are
>
>Ford Wright, resident of the state of Virginia, Roger A. Flahive, from
>
>Illinois, Charles R. Hewitt, Maryland, J. Kent Holden, Vermont, Douglas
>
>S. Marshall, Virginia and the surgeon Bernard Stopak, MD, from
>
>Maryland. The plaintiffs brought the case in August 2001 and the US
>
>district court Judge who is also the Chief Judge in the eastern
>
>district of Virginia, Claude Hilton dismissed the case August 5 2002.
>
>In their claims the Americans referred to having been exchanging
>
>correspondence from several Federal Government officials at the NNPC,
>Finance Ministry, CBN,
>
>believing they were dealing with genuine Federal Government officials.
>They claimed
>
>that at a point as early as 11 Jan. 1999, the Finance Ministry asked
>them
>
>to open an account at the First Bank which they did and proceeded to
>
>deposit what they called contract funds of $8000 into the account.
>
>All kinds of fees were charged the plaintiffs in the hope that they
>
>would eventually get the close to $40 million contract payment. For
>
>instance in August 8, 2000, the plaintiffs said the fraudsters posing as
>NNPC
>
>officials requested an amount of $10,200 from them in travel expenses
>for
>
>three officials of the NNPC in order to deliver a bank draft in the
>
>amount of $35 million, from which they-the plaintiffs were get a big
>chunk.
>
>Even the office of President Obasanjo was not spared. According to the
>
>Plaintiffs, during September, October and November 2000, the office of
>
>the president requested a total amount of $12, 765 in charges and fees
>
>precedent to transfer of the contract fee of $35, 680,000 to Kemax, the
>
>company of the plaintiffs. Until May 2001, the plaintiffs were
>
>sending all kinds of fees to the fraudsters believing they were dealing
>with
>
>bonafide Federal Government officials. In august of the same year they
>chose to go to court
>
>now convinced that they were being swindled.
>
>All together the plaintiffs sent $831, 179 to the crooks, hoping to
>
>be paid a contract fee of $35,680,000. They sued the Federal Government
>for $38,196,000 in material damages, and $100,000,000 in punitive
>
>damages. They also asked the court to compel Nigeria to pay them a
>relief
>
>sum of $831, 179, all totaling $139,027,000. Sued were the Government
>
>of the Federal Republic of Nigeria, c/o President Olusegun Obasanjo, the
>
>
>Federal Ministry of Finance and the NNPC.
>
>After the Nigerian lawyer, Chibututu won a dismissal of the case, he
>
>then proceeded on suing the plaintiffs for cost in a case that is now
>
>pending.
>
>It is the first time the Federal Government decided to use a Nigerian
>lawyer to argue
>
>this kind of case and according to NNPC's Chief Sena Anthony, who
>
>championed the use of Nigerian lawyers were believed that Nigerian
>lawyers abroad were up to the task. She hired
>
>Chibututu and explained at the 419 seminar in New York in September that
>
>
>they were vindicated that a Nigerin lawyer abroad was up to the task.
>
>Sources said there has been times when even foreign lawyers has
>
>handled 419 cases but were also tconfused on seeing how real the
>
>documents presented by the 419 cons looked.
>
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