report on programme manipulation - Independent Inquiry Committee

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INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS Nafta Petroleum and, subsequently, Mednafta Trading Co. provided power of attorney to Catalina Miguel. She signed oil contracts as director of the companies. Mohammed Saidji also was given power of attorney for Mednafta Trading Co. He signed one oil contract as the company’s director in Phase XII. Bank records show that Ms. Miguel and Mr. Saidji were account signatories, and Ms. Miguel was the beneficial owner of Mednafta Trading Co.’s account at BNP Suisse. 350 In Mr. Wyatt’s dealings with the United Nations, however, he identified himself as controlling Mednafta Trading Co. In correspondence with the United Nations, Mr. Wyatt identified himself as the director of Mednafta Trading Co. After a meeting with Mr. Wyatt, United Nations oil overseers referred to Mednafta Trading Co. in internal correspondence as being owned by Mr. Wyatt. 351 Mr. Wyatt also was involved in the finances of Mednafta Trading Co. The initial deposit to open Mednafta’s Swiss bank account was made by Mr. Wyatt. Bank records show that Mr. Wyatt was described to the bank as a “consultant” to Mednafta Trading Co., and the first deposit of $5 million as a “loan” to Mednafta Trading Co. Following this deposit, an additional sum of almost $10 million was transferred to the Mednafta Trading Co. bank account by either Mr. Wyatt or NuCoastal, one of Mr. Wyatt’s companies based in Houston. Between May 2002 and October 2003, over $11 million was also transferred from the Mednafta Trading Co. account to accounts for Mr. Wyatt and NuCoastal. 352 “Mednafta/Oscar Wyatt”), Phase XII (May 19, 2002) (indicating an allocation of 4 million barrels of oil for “Mednafta/Oscar Wyatt”). Contract M/10/13 was transferred from Nafta Petroleum to Mednafta Trading Co. (through which future oil was lifted) in Phase X. Nafta Petroleum fax to oil overseers (July 29, 2001); SOMO amendment to sales contract, no. M/10/13 (July 25, 2001); SOMO fax to oil overseers (Aug. 4, 2001). 350 SOMO sales contracts, nos. M/09/28 (Jan. 18, 2001), M/10/13 (July 12 and Aug. 4, 2001) (initially signed for Nafta Petroleum by Ms. Miguel and then signed again by Ms. Miguel as a director of Mednafta Trading Co.), M/11/55 (Feb. 4, 2002), M/12/19 (June 6, 2002). Nafta Petroleum record, power of attorney agreement (Jan. 22, 2001); Mednafta Trading Co. record, power of attorney agreements (Mar. 9, 2001); Iraq official interview. 351 Oscar Wyatt letter to 661 Committee Chairman (Aug. 6, 2002); Michel Tellings e-mail to J. Christer Elfverson, Alexandre Kramar, and Morten Buur-Jensen (Aug. 19, 2002) (following a meeting with Mr. Wyatt); Michel Tellings interview (Oct. 15, 2004). 352 BNP record, Mednafta Trading Co. account, account opening documents (June 1 and 7 and July 19, 2001); Confidential document; BNP record, Mednafta Trading Co. account, credit advices (June 7, 2001) ($5,000,000), (May 29, 2002) ($6,135,614.46), (Aug. 2, 2002) ($500,000), (Dec. 2, 2002) ($64,456.58), (Jan. 14, 2003) ($600,000), (Feb. 21, 2003) ($144,866.75), (May 14, 2003) ($57,425.02), (Oct. 24, 2003) ($1,400,000), (Oct. 27, 2003) ($1,400,000); Monica Perin, “Nucoastal [sic] to revive shuttered electric plant,” Houston Business Journal, Mar. 4, 2005; “Enron sells North American pipeline business for $2.2B,” Houston Business Journal, May 21, 2004, p.4; Mary Alice Robbins, “NuCoastal LLC purchases Enron’s Crosscountry Energy,” Texas Lawyer, June 7, 2004, p.5; Thora Qaddumi, “Mergers and acquisitions market remains active in Houston area,” Houston Business Journal, July 2, 2004, p.35; David Chalmers letter to Oscar Wyatt (Feb. 7, 2003); Mednafta Trading Co. fax to BNP (May 20, 2002); BNP REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 174 OF 623
INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS All surcharges on contracts for oil allocated to either Coastal Petroleum or Mr. Wyatt were paid under two names, Mohammed Ali and Nivara/Nivaria. For Coastal Petroleum contract M/08/72, Ministry of Oil and bank records show that surcharges totaling €226,627 ($201,877) were imposed and paid through two deposits in a SOMO bank account: €222,000 ($197,824.20) in December 2001 by “Nivara” and €4,627 ($4,052.80) in March 2002 by “Mohammed Ali.” On Nafta Petroleum and Mednafta Trading Co. contracts M/09/28, M/10/13, and M/11/55, approximately $7.2 million in surcharges was paid through deposits in SOMO bank accounts also in the names of Nivara/Nivaria and Mohammed Ali. The credit advices do not identify the originating bank accounts of the funds. 353 According to his attorney, Mr. Wyatt’s position is that the initial money he provided to Mednafta Trading Co. was a loan to a long-term friend, Ms. Miguel. Mr. Wyatt maintains that he was merely a purchaser buying petroleum products from Mednafta Trading Co. and had no role in financing its lifts or other expenses during the Programme. 354 record, Mednafta Trading Co. account, debit advices (June 18, 2002) ($2,000,000), (July 31, 2002) ($278,682.71), (Oct. 10, 2002) ($149,139.37), (Oct. 17, 2002) ($83,845.21), (Nov. 11, 2002) ($1,000,000), (Nov. 26, 2002) ($1,000,000), (Mar. 28, 2003) ($4,000,000), (May 13, 2003) ($401,669.15), (Oct. 24, 2003) ($1,400,000); Mednafta Trading Co. faxes to BNP (Nov. 11, 2002 and Mar. 27, 2003). Ms. Miguel signed as a director of Nafta Petroleum, despite not being given power of attorney until four days later. SOMO sales contract, no. M/09/28 (Jan. 18, 2001); Nafta Petroleum record, power of attorney agreement (Jan. 22, 2001). 353 Committee oil surcharge table, contract nos. M/08/72, M/09/28, M/10/13, M/11/55; SOMO sales contract, no. M/08/72 (June 26, 2000); Murtaza Lakhani interview (Dec. 6, 2004); Jordan National Bank record, SOMO account, bank statements (Dec. 31, 2001 and Mar. 31, 2002), (Jan. 1 to Dec. 31, 2001) (US dollar account), (Feb. 13 to Dec. 31, 2001) (euro account), (Mar. 4 to Dec. 31, 2002) (euro account), (Jan. 1 to Dec. 31, 2002) (euro account); Jordan National Bank record, SOMO account, credit advices (May 13 and June 17 and 19, 2001; Mar. 25, 2002). In Phase XII, $308,167 in surcharges imposed on the Mednafta Trading Co. contract was never paid. Committee oil surcharge table, contract no. M/12/19. 354 Carl Parker interview (Oct. 13, 2005). Mr. Parker is Mr. Wyatt’s attorney. Ibid. REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 175 OF 623
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