15 July 2017

Nigeria: Inside U.S. Court Papers Indicting Alison-Madueke, Omokore, Aluko - Full Details

Photo: Premium Times
Former Petroleum Miniister, Diezani Allison-Madueke (file photo).

United States prosecutors have provided details of how Nigeria's former minister of petroleum, Diezani Alison-Madueke, and her two business cronies, Jide Omokore, and Kola Aluko, lavished billions of naira on property and luxury items in the U.S. and United Kingdom.

In a civil forfeiture notice filed by the U.S. Department of Justice, DoJ, on Friday, prosecutors detailed how Messrs. Aluko and Omokore allegedly conspired to bribe the former minister, purchasing property worth millions of dollars in London for Mrs. Alison-Madueke and her family.

The two are accused of buying a total of four residential properties in and around London worth 11.45 million, and furnishing them with luxury items, including art work.

Read below full details of court processes filed by the Department of Justice.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

Plaintiff,

- v.-

THE M/Y GALACTICA STAR, BEING A

65-METER MOTOR YACHT BUILT BY

HEESEN SHIPYARDS WITH

INTERNATIONAL MARITIME

ORGANIZATION NUMBER 9679830,

AND REGISTERED UNDER THE LAWS

AND FLAG OF THE CAYMAN ISLANDS

AT THE PORT OF GEORGE TOWN,

INCLUDING ALL FIXTURES, FITTINGS,

MANUALS, STOCKS, STORES,

INVENTORIES, AND EACH LIFEBOAT,

TENDER, AND OTHER

APPURTENANCE THERETO,

INCLUDING, BUT NOT LIMITED TO,

THE TENDER BOAT RECORDED AS A

7.5 METER DARIEL "GUEST TENDER"

WITH ID/SERIAL NO. DRLDT759G313,

AND ANY PROPERTY TRACEABLE

THERETO;

ANY AND ALL FUNDS, PROCEEDS,

CASH, OR BENEFITS TO BE

DISBURSED OR OTHERWISE OWING

TO ONE57 79 INC., OR TO ITS

SUCCESSORS OR ASSIGNS, OUT OF

ANY SURPLUS FUNDS RESULTING

FROM THE FORECLOSURE AUCTION,

TO BE HELD ON OR ABOUT JULY 19,

2017, OF REAL PROPERTY LOCATED

IN NEW YORK, N.Y., AND COMMONLY

KNOWN AS 157 WEST 57TH STREET,

UNIT 79, NEW YORK, N.Y. 10019;

REAL PROPERTY LOCATED IN NEW

YORK, N.Y., COMMONLY KNOWN AS

1049 FIFTH AVENUE, UNITS 11B AND

12B, NEW YORK, N.Y. 10032, AND ALL

APPURTENANCES, IMPROVEMENTS,

AND ATTACHMENTS LOCATED

THEREON, AND ANY PROPERTY

TRACEABLE THERETO;

REAL PROPERTY LOCATED IN

MONTECITO, CALIF., COMMONLY

KNOWN AS 807 CIMA DEL MUNDO

ROAD, MONTECITO, CALIF. 90077,

AND ALL APPURTENANCES,

IMPROVEMENTS, AND

ATTACHMENTS LOCATED THEREON,

AND ANY PROPERTY TRACEABLE

THERETO;

REAL PROPERTY LOCATED IN

MONTECITO, CALIF., COMMONLY

KNOWN AS 815 CIMA DEL MUNDO

ROAD, MONTECITO, CALIF. 90077,

AND ALL APPURTENANCES,

IMPROVEMENTS, AND

ATTACHMENTS LOCATED THEREON,

AND ANY PROPERTY TRACEABLE

THERETO;

ALL RIGHTS AND INTERESTS HELD

BY RIVERMOUNT INTERNATIONAL

LTD., OR ITS AFFILIATES OR

ASSIGNEES, IN THE SUBORDINATED

CONVERTIBLE PROMISSORY NOTE

EXECUTED BETWEEN CROSS

HOLDINGS, INC., AND RIVERMOUNT

INTERNATIONAL LTD., DATED ON OR

ABOUT JULY 15, 2015, AS VARIED OR

AMENDED BY THE PARTIES

THERETO, AND ALL PROPERTY

TRACEABLE THERETO;

Defendants In Rem

Comes now the Plaintiff, the United States of America, through its undersigned attorneys,

and alleges, upon information and belief, as follows:

I.

NATURE OF THE ACTION

1. This is an action in rem to forfeit approximately $144 million in assets, and any

property traceable thereto, derived from an international conspiracy to obtain lucrative business

opportunities in the Nigerian oil and gas sector in return for corruptly offering and giving millions

of dollars' worth of gifts and benefits to the former Nigerian Minister for Petroleum Resources,

Diezani Alison-Madueke ("ALISON-MADUEKE"); and to subsequently launder the proceeds of

the illicit business opportunities into and through the United States.

2. From in or about April 2010 until in or about May 2015, ALISON-MADUEKE--

who was often referred to as "the Madam" or "Madam D"--was Nigeria's Minister for Petroleum

Resources. In that role, she was responsible for overseeing Nigeria's state-owned oil company,

the Nigerian National Petroleum Corporation ("NNPC").

3. As alleged herein, Kolawole Akanni Aluko ("ALUKO"), Olajide Omokore

("OMOKORE"), and others: (i) conspired to and did purchase millions of dollars in real estate in

and around London, U.K., for the use and benefit of ALISON-MADUEKE and her family; (ii)

conspired to and did provide more than one million dollars in furniture, artwork, and other

furnishings purchased within the Southern District of Texas, and shipped, in part, to London and

Abuja, Nigeria, for the use and benefit of ALISON-MADUEKE and her family; and (iii) conspired

to and did otherwise fund a lavish and privileged lifestyle for ALISON-MADUEKE and her

family.

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4. As further alleged herein, ALISON-MADUEKE, in return for such improper

inducements, used her influence as the Minister for Petroleum Resources to steer to companies

beneficially owned by ALUKO and OMOKORE the award of multiple Strategic Alliance

Agreements ("SAAs") with an NNPC subsidiary.

5. As further alleged herein, the companies that received these SAAs were unqualified

and either improperly performed their obligations or, in some instances, failed entirely to perform.

Nevertheless, these companies received more than $1.5 billion in revenues through the sale of

Nigerian crude oil.

6. As further alleged herein, ALUKO and OMOKORE laundered their illicit revenues

into and through the United States and, in particular, used these revenues to acquire the Defendants

In Rem.

7. As further alleged herein, ALUKO and OMOKORE used a series of shell

companies and layered financial transactions to conceal the nature, location, source, and/or

ownership of the proceeds of the unlawful conduct and of the Defendants In Rem purchased with

such proceeds.

8. As property constituting, derived from, or traceable to the proceeds of "specified

unlawful activity," as that term is defined in 18 U.S.C. § 1956(c)(7), or a conspiracy to commit

"specified unlawful activity," and as property involved in money laundering violations of 18

U.S.C. §§ 1956 and 1957, the Defendants In Rem are subject to forfeiture under 18 U.S.C.

§§ 981(a)(1)(A) and 981(a)(1)(C).

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II.

THE DEFENDANTS IN REM

9. This is an action by the United States of America seeking forfeiture of all right,

title, and interest in the following property (collectively, the "Defendants In Rem"):

(a) The M/Y Galactica Star, being a 65-meter motor yacht built by Heesen

Shipyards with International Maritime Organization number 9679830, and

registered in the Cayman Islands at the Port of George Town, including all

fixtures, fittings, manuals, stocks, stores, inventories, and each lifeboat,

tender, and other appurtenance thereto, including, but not limited to, the

tender boat recorded as a 7.5 meter Dariel "guest tender" with ID/Serial No.

DRLDT759G313, and any property traceable thereto (hereinafter the

"GALACTICA STAR");

(b) any and all funds, proceeds, cash, or benefits to be disbursed or otherwise

owing to One57 79 Inc., or to its successors or assigns, out of any surplus

funds resulting from the foreclosure auction to be held on or about July 19,

2017, of real property located in New York, N.Y., and commonly known as

157 West 57th Street, Unit 79, New York, N.Y. 10019, as more fully

described in Attachment A (hereinafter the "157 WEST 57TH STREET

SURPLUS PROCEEDS");

(c) real property located in New York, N.Y., commonly known as 1049 Fifth

Avenue, Units 11B and 12B, New York, N.Y. 10032, as more fully

described in Attachment B, and all appurtenances, improvements, and

attachments located thereon, and any property traceable thereto (hereinafter

the "1049 FIFTH AVENUE UNITS");

(d) real property located in Montecito, Calif., commonly known as 807 Cima

del Mundo Road, Montecito, Calif. 90077, as more fully described in

Attachment C, and all appurtenances, improvements, and attachments

located thereon, and any property traceable thereto (hereinafter "807 CIMA

DEL MUNDO ROAD");

(e) real property located in Montecito, Calif., commonly known as 815 Cima

del Mundo Road, Montecito, Calif. 90077, as more fully described in

Attachment D, and all appurtenances, improvements, and attachments

located thereon, and any property traceable thereto (hereinafter "815 CIMA

DEL MUNDO ROAD");

(f) all rights and interests held by Rivermount International Ltd., or its affiliates

or assignees, in the Subordinated Convertible Promissory Note executed

between Cross Holdings, Inc., and Rivermount International Ltd., dated on

or about July 15, 2015, as varied or amended by the parties thereto, and all

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property traceable thereto (hereinafter the "CROSS HOLDINGS

PROMISSORY NOTE").

III.

JURISDICTION AND VENUE

10. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345 and 28

U.S.C. § 1355(a).

11. Venue is proper in this district pursuant to 28 U.S.C. § 1355(b)(1)(A) because acts

and omissions giving rise to forfeiture took place in the Southern District of Texas.

12. This action in rem for forfeiture is governed by 18 U.S.C. §§ 981 and 983, the

Federal Rules of Civil Procedure, and the Supplemental Rules for Admiralty or Maritime Claims

and Asset Forfeiture Actions.

IV.

STATUTORY BASIS FOR FORFEITURE

13. The Defendants In Rem are subject to forfeiture pursuant to 18 U.S.C.

§ 981(a)(1)(C) because they constitute or are derived from proceeds traceable to a violation of an

offense constituting a "specified unlawful activity" or a conspiracy to commit such an offense.

"Specified unlawful activity" is defined in 18 U.S.C. § 1956(c)(7) to include an offense against a

foreign nation involving "bribery of a public official, or the misappropriation, theft, or

embezzlement of public funds by or for the benefit of a public official," see 18 U.S.C.

§ 1956(c)(7)(B)(iv); any felony violation of the Foreign Corrupt Practices Act ("FCPA"), see

18 U.S.C. § 1956(c)(7)(D); or any violations of 18 U.S.C. §§ 1343 (wire fraud), 2314 (interstate

transportation of stolen property), and 2315 (interstate receipt of stolen property), see 18 U.S.C.

§§ 1956(c)(7)(A) & 1961(1).

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14. The Defendants In Rem are also subject to forfeiture under 18 U.S.C.

§ 981(a)(1)(A) because they constitute property involved in a transaction or attempted transaction

in violation of 18 U.S.C. § 1957, or are traceable to such property. Section 1957 prohibits the

conducting of a monetary transaction with property valued at over $10,000 that is known to be

criminally derived and which constitutes the proceeds of "specified unlawful activity," including

the proceeds of an offense against a foreign nation involving "bribery of a public official, or the

misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official,"

see 18 U.S.C. § 1956(c)(7)(B)(iv); of any felony violation of the FCPA, see 18 U.S.C.

§ 1956(c)(7)(D); or of any violations of 18 U.S.C. §§ 1343 (wire fraud), 2314 (interstate

transportation of stolen property), and 2315 (interstate receipt of stolen property), see 18 U.S.C.

§§ 1956(c)(7)(A) & 1961(1).

15. The Defendants In Rem are further subject to forfeiture pursuant to 18 U.S.C.

§ 981(a)(1)(A) because they constitute property involved in a transaction or attempted transaction

in violation of 18 U.S.C. § 1956(a)(1)(B), or are traceable to such property. Section 1956(a)(1)(B)

prohibits the conducting of a financial transaction with property known to be the proceeds of

unlawful activity with the intent to conceal the nature, location, source, ownership, or control of

the proceeds of a specified unlawful activity, including the proceeds of an offense against a foreign

nation involving "bribery of a public official, or the misappropriation, theft, or embezzlement of

public funds by or for the benefit of a public official," see 18 U.S.C. § 1956(c)(7)(B)(iv); of any

felony violation of the FCPA, see 18 U.S.C. § 1956(c)(7)(D); or of any violations of 18 U.S.C.

§§ 1343 (wire fraud), 2314 (interstate transportation of stolen property), and 2315 (interstate

receipt of stolen property), see 18 U.S.C. §§ 1956(c)(7)(A) & 1961(1).

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16. The Defendants In Rem are further subject to forfeiture pursuant to 18 U.S.C.

§ 981(a)(1)(A) because they constitute property involved in a transaction or attempted transaction

in violation of 18 U.S.C. § 1956(a)(2), or are traceable to such property. Section 1956(a)(2)

prohibits transferring funds known to be the proceeds of unlawful activity from a place outside the

United States to a place in the United States, with knowledge that the transfer is designed in whole

or in part to conceal the nature, location, source, ownership, or control of the proceeds of a

specified unlawful activity, including the proceeds of an offense against a foreign nation involving

"bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or

for the benefit of a public official," see 18 U.S.C. § 1956(c)(7)(B)(iv); of any felony violation of

the FCPA, see 18 U.S.C. § 1956(c)(7)(D); or of any violations of 18 U.S.C. §§ 1343 (wire fraud),

2314 (interstate transportation of stolen property), and 2315 (interstate receipt of stolen property),

see 18 U.S.C. §§ 1956(c)(7)(A) & 1961(1).

17. The Defendants In Rem are further subject to forfeiture pursuant to 18 U.S.C.

§ 981(a)(1)(A) because they constitute property involved in a conspiracy to violate 18 U.S.C.

§§ 1956 or 1957, in violation of 18 U.S.C. § 1956(h).

18. A representative selection of relevant offenses against a foreign nation as referred

to in ¶¶ 13-17 are set forth in Attachment E.

V.

RELEVANT PERSONS AND ENTITIES

19. On information and belief, the United States alleges the following facts.

20. Diezani ALISON-MADUEKE is the former Nigerian Minister for Petroleum

Resources who served in that position from in or about April 2010 through in or about May 2015.

In that role, ALISON-MADUEKE was responsible for overseeing NNPC. In her capacity as

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Minister for Petroleum Resources, ALISON-MADUEKE was a "foreign official" as that term is

defined in the FCPA, see 15 U.S.C. §§ 78dd-1(f)(1)(A), 78dd-2(h)(2)(A), and 78dd-3(f)(2)(A).

21. The Nigerian National Petroleum Corporation is Nigeria's state-owned oil

corporation through which the Federal Government of Nigeria regulates and participates in the

country's petroleum and hydrocarbons industry. The NNPC was owned and controlled by the

Nigerian government and performed government functions, and thus was an "instrumentality"

within the meaning of the FCPA, see 15 U.S.C. §§ 78dd-1(f)(1)(A), 78dd-2(h)(2)(A), and 78dd-

3(f)(2)(A).

22. The Nigerian Petroleum Development Company ("NPDC") is the wholly-owned

operating subsidiary of NNPC. The NPDC was owned and controlled by the Nigerian government

and performed government functions, and thus was an "instrumentality" within the meaning of the

FCPA, see 15 U.S.C. §§ 78dd-1(f)(1)(A), 78dd-2(h)(2)(A), and 78dd-3(f)(2)(A).

23. Kolawole Akanni ALUKO is a Nigerian citizen whose last known residential

address was in Porza-Lugano, Switzerland. ALUKO and OMOKORE (see below) are the

beneficial owners of and have control over ATLANTIC ENERGY HOLDINGS LTD. along with

that company's subsidiaries and affiliates--including ATLANTIC ENERGY DRILLING

CONCEPTS NIGERIA LTD. and ATLANTIC ENERGY BRASS DEVELOPMENT LTD.

ALUKO was also, at all times relevant to this complaint, a director and beneficial owner of

TENKA LTD. and is the 100% owner of EARNSHAW ASSOCIATES LTD.

24. Olajide OMOKORE is a Nigerian citizen living in Lagos, Nigeria, and is a

business partner of ALUKO. With ALUKO, OMOKORE is a beneficial owner of and has control

over ATLANTIC ENERGY HOLDINGS LTD. along with that company's subsidiaries and

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affiliates--including ATLANTIC ENERGY DRILLING CONCEPTS NIGERIA LTD. and

ATLANTIC ENERGY BRASS DEVELOPMENT LTD.

25. ATLANTIC ENERGY HOLDINGS LTD. ("AEH") is a company incorporated

in the British Virgin Islands with registered address of 325 Waterfront Drive, Omar Hodge

Building, Wickham's Cay, Road Town, Tortola, B.V.I. AEH is beneficially owned, directly or

indirectly, by ALUKO and OMOKORE.

26. ATLANTIC ENERGY (BRASS) LTD. is a company incorporated in the British

Virgin Islands with the same registered address as AEH: 325 Waterfront Drive, Omar Hodge

Building, Wickham's Cay, Road Town, Tortola, B.V.I. Upon information and belief, ATLANTIC

ENERGY (BRASS) LTD. is beneficially owned, directly or indirectly, by ALUKO and

OMOKORE.

27. ATLANTIC ENERGY DRILLING CONCEPTS NIGERIA LTD. ("AEDC")

is a company incorporated in Nigeria with registered address of Plot 1267 Ahmadu Bello Way,

Garki, Abuja, Nigeria. OMOKORE is a registered director of AEDC. AEH owns 49,999,999 of

50,000,000 shares of AEDC.

28. ATLANTIC ENERGY BRASS DEVELOPMENT LTD. ("AEBD") is a

company incorporated in Nigeria with registered address of 32A Ademola Adetokunbo Street,

Victoria Island, Lagos, Nigeria. OMOKORE is a registered director of AEBD. ATLANTIC

ENERGY (BRASS) LTD. owns 9,999,999 of 10,000,000 shares of AEBD.

29. TENKA LTD. ("TENKA") is a company incorporated in the United Kingdom

with registered address of No. 1 London Bridge, London SE1 9BG, U.K. During all times relevant

to this complaint, the directors of TENKA were ALUKO and his wife. Upon information and

belief, TENKA is beneficially owned by ALUKO.

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30. EARNSHAW ASSOCIATES LTD. ("EARNSHAW") is a company

incorporated in the British Virgin Islands with registered address of 24 De Castro Street, Akara

Building, Wickham's Cay 1, Road Town, Tortola, B.V.I. ALUKO owns 100% of EARNSHAW.

31. CO-CONSPIRATOR #1 is a dual citizen of the United States and Nigeria whose

principal residence is in Topanga, Calif.

32. CO-CONSPIRATOR #2 is a Nigerian citizen and a former resident of the United

States who maintained a residence in Potomac, Md.

33. CO-CONSPIRATOR #3 is a dual citizen of the United States and Nigeria and a

former resident of the United States who maintained a residence in Oakland, Calif.

VI.

FACTS

A. Strategic Alliance Agreements and Oil Mining Leases

34. Prior to 2010, NNPC participated in a joint venture with the subsidiary of a major

international oil company (the "IOC Subsidiary") for the development and production of oil and

gas in connection with eight oil mining leases ("OMLs"). In particular, the joint venture held

interests in and operated OMLs 26, 30, 34, and 42 (the "Forcados OMLs") and OMLs 60, 61, 62,

and 63 (the "Brass OMLs").

35. The IOC Subsidiary owned 45% of the joint venture, with the remainder owned by

NNPC. In 2010, however, the IOC Subsidiary chose to divest itself and sold its minority stake to

various indigenous Nigerian entities.

36. With the IOC Subsidiary's departure, NNPC became responsible for financing and

operating the OMLs. It assigned this task--along with its 55% majority stake--to its own

operating subsidiary, NPDC. However, NPDC lacked the in-house technical expertise and the

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financial resources to fund and operate the OMLs. NPDC therefore sought to enter into Strategic

Alliance Agreements to partner with outside parties who could both finance and provide technical

assistance for the operation of the OMLs on NPDC's behalf.

B. ALISON-MADUEKE Was Instrumental in the Award of the Lucrative Forcados

SAAs (OMLs 26, 30, 34, and 42) to AEDC

37. AEDC was incorporated in Nigeria on or about July 19, 2010, approximately three

months after ALISON-MADUEKE was appointed Minister for Petroleum Resources.

38. On or about March 8, 2011, AEDC first expressed its interest in entering into an

SAA in a letter to NPDC. Less than three weeks later, on or about March 28, 2011, ALUKO,

acting on behalf of AEDC, attended a meeting with NPDC representatives to discuss a possible

SAA award.

39. Within another three weeks, on or about April 20, 2011, AEDC and NPDC entered

into SAAs for OMLs 26 and 42. These SAAs were signed by OMOKORE on behalf of AEDC.

40. Approximately one month later, on or about May 25, 2011, AEDC and NPDC

entered into two more SAAs for OMLs 30 and 34. These SAAs were also signed by OMOKORE

on behalf of AEDC. (The four SAAs for OMLs 26, 30, 34, and 42 are herein collectively referred

to as the "Forcados SAAs.")

41. NPDC's award of the Forcados SAAs to AEDC was done with the knowledge and

support of ALISON-MADUEKE and at her direction. For example, in a recorded conversation

between ALISON-MADUEKE and ALUKO, ALISON-MADUEKE acknowledged that "we

stuck our necks out regarding the SAA and we supported it." See infra ¶ 118.

42. A February 2014 report prepared by the then-governor of the Central Bank of

Nigeria determined that AEDC "had neither the technical expertise nor the capital to develop the

joint venture, but [was] none-the-less able to lift crude and retain the proceeds . . . up to 70% of

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the profit of the Joint Venture." The report concluded that the arrangement was set up "for the

purpose of acquiring assets belonging to the [Federal Republic of Nigeria] and transferring the

income to private hands."

(1) Terms of the Forcados SAAs

43. The Forcados SAAs required AEDC to pay non-recoverable entry fees prior to the

SAAs' taking effect. The value of the entry fees was to be determined based on the estimated

probable oil and gas reserves within the area covered by the Forcados OMLs.

44. In addition, the Forcados SAAs each required AEDC to pay $350,000 per year to

NPDC for the first five years of the agreements. These funds were to be used for the provision of

training facilities for NPDC staff.

45. Finally, the Forcados SAAs required AEDC to "provide all the funds required for

NPDC's 55% share of Petroleum Operating Costs." Upon information and belief, NPDC's share

of the operating costs for the Forcados OMLs, during the period from March 2011 through

December 2015, was at least $1,400,000,000.

46. In return for meeting its obligations under the Forcados SAAs, AEDC would be

entitled to recover the cost of financing NPDC's share of the operating costs (as described in the

preceding paragraph) and would be further entitled to a share of NPDC's profit as determined by

profit-sharing formulae contained in the SAAs.

47. AEDC's entitlements were payable in-kind. That is, AEDC would receive

allocations of available oil sufficient to cover the amounts due as cost-recovery and profit.

(2) AEDC's Performance Under the Forcados SAAs

48. Upon information and belief, AEDC substantially failed to perform under the

Forcados SAAs. In particular, upon information and belief, AEDC did not fulfill its requirement

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to fund training facilities for NPDC staff, leading to an outstanding obligation of approximately

$5,600,000.

49. Furthermore, AEDC failed to cover NPDC's share of the Forcados operating costs.

Upon information and belief, of the more than $1,400,000,000 required to finance such costs,

AEDC made contributions of only approximately $305,108,522.43.

50. Despite AEDC's failure to fulfil its obligations under the Forcados SAAs, AEDC

was, upon information and belief, allocated and permitted to lift and sell, for its own benefit,

twenty-one cargoes of crude oil valued at approximately $677,238,673.

C. ALUKO, OMOKORE, and Others Conspire to Purchase £11,530,000 Worth of

London Real Estate for the Benefit of ALISON-MADUEKE

51. Concurrent with the negotiations for and the award of the Forcados SAAs, ALUKO

and OMOKORE, acting in concert with CO-CONSPIRATORS #1 and #2, purchased and

refurbished several multi-million dollar properties in the London area for the benefit of ALISONMADUEKE

and her family members. ALUKO, OMOKORE, and CO-CONSPIRATORS #1 and

#2 provided these properties to ALISON-MADUEKE for the corrupt purpose of inducing her to

use her influence within the Ministry of Petroleum Resources, the NNPC, and the NPDC to direct

the award of business opportunities to entities under their control and beneficial ownership,

including the award of the Forcados SAAs to AEDC.

(1) 96 Camp Road, Gerrards Cross, Buckinghamshire, SL9 7PB

52. On or about January 27, 2011, i.e., less than two months before AEDC officially

approached NPDC about the first of the Forcados SAAs, a Seychelles company named Miranda

International Ltd. purchased a property known as "the Falls" for £3,250,000. The Falls is located

just outside London at 96 Camp Road, Gerrards Cross, Buckinghamshire SL9 7PB.

53. Miranda International Ltd. is beneficially owned by OMOKORE.

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54. ALUKO engaged a construction company (the "Construction Company") to

upgrade and maintain the plumbing, electrical, air conditioning, and audio-visual systems at the

Falls.

55. OMOKORE and ALUKO purchased and improved the Falls for the exclusive use

of ALISON-MADUEKE and her family.

56. A mobile telephone recovered at the known residences of ALISON-MADUEKE

and her mother contained digital photographs of ALISON-MADUEKE present inside the Falls.

57. Furthermore, during the relevant period, ALISON-MADUEKE--who was

addressed at the property as "the Madam"--was the only person who occupied the property.

58. Individuals who provided services at the Falls addressed its occupant as "the

Madam" or were told that the person they worked for was known as "the Madam."

59. Finally, on or about October 8, 2013, ALUKO used his American Express card to

purchase two identical exercise machines at Harrods in London. The machines were purchased

for £10,926 each. One was to be delivered to the known London address of ALISON-MADUEKE;

the other was to be delivered to the Falls.

(2) 39 Chester Close North, London NW1 4JE

60. On or about March 24, 2011--i.e., just four days before ALUKO met with NPDC

officials to discuss AEDC's interest in an SAA--a British Virgin Islands company called Mortlake

Investments Ltd. was used to purchase real property at 39 Chester Close North, London NW1 4JE

("39 Chester Close North") for £1,730,000.

61. Mortlake Investments Ltd. is beneficially owned by ALUKO.

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62. The real estate company Daniel Ford & Co. assisted in the purchase of 39 Chester

Close North. The same company assisted in the purchase of additional properties as detailed

below. See infra ¶¶ 65 & 70.

63. ALUKO engaged the Construction Company to undertake extensive alterations and

renovations at 39 Chester Close North, including the installation of an elevator. An employee of

the Construction Company ("Construction Company Employee #1") has stated that the intended

occupants of 39 Chester Close North were ALISON-MADUEKE's mother and son. Construction

Company Employee #1 personally met ALISON-MADUEKE on at least two occasions at the

property and, on one of those occasions, ALISON-MADUEKE selected stone flooring and

countertops to be installed in the bathrooms.

64. At some point in 2015, Construction Company Employee #1 was informed that

ALISON-MADUEKE's mother and son would not be moving into 39 Chester Close North after

all, and the Construction Company was instructed to remove the elevator and return the property

to its original condition. The property was sold on or about July 22, 2015, for £2,224,000.

(3) 58 Harley House, Marylebone Road, London NW1 5HL

65. On or about March 28, 2011--i.e., the same day ALUKO was meeting with NPDC

officials to discuss AEDC's interest in an SAA--a Seychelles company, Rosewood Investments

Ltd., was used to purchase real property at 58 Harley House, Marylebone Road, London NW1

5HL ("58 Harley House") for £2,800,000.

66. Rosewood Investments Ltd. is beneficially owned by CO-CONSPIRATOR #2.

67. The same real estate agency used to purchase 39 Chester Close North, i.e., Daniel

Ford & Co., assisted in the purchase of 58 Harley House.

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68. As with 39 Chester Close North, ALUKO engaged the Construction Company to

provide renovation services at 58 Harley House. On or about August 9, 2011, a second employee

of the Construction Company ("Construction Company Employee #2") forwarded by email to

ALUKO design plans for the kitchen at 58 Harley House. ALUKO subsequently forwarded this

email, including the design plans, to ALISON-MADUEKE.

69. In addition, Construction Company Employee #1 was introduced to ALISONMADUEKE

at 58 Harley House, on which occasion the employee was told ALISON-MADUEKE

was "the architect."

(4) Flat 5 Park View, 83-86 Prince Albert Road, London NW8 7RU

70. On or about March 29, 2011--i.e., the day after ALUKO met with NPDC officials

to discuss AEDC's interest in an SAA--another Seychelles company called Colinwood Ltd. was

used to purchase real property at Flat 5 Park View, 83-86 Prince Albert Road, London NW8 7RU

("Flat 5 Park View") for £3,750,000. The purchase was financed, in part, by a loan obtained from

FBN Bank (UK) Ltd. by CO-CONSPIRATOR #1.

71. The same real estate company used to purchase 39 Chester Close North and 58

Harley House, i.e., Daniel Ford & Co., also assisted in the purchase of Flat 5 Park View.

72. As with both 39 Chester Close North and 58 Harley House, ALUKO engaged the

Construction Company to perform significant renovations at Flat 5 Park View. Construction

Company Employee #1 personally met ALISON-MADUEKE at Flat 5 Park View where she was

present for a discussion of interior design plans. In addition, design plans for Flat 5 Park View

were later found at the known London residence of ALISON-MADUEKE's mother.

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D. Living and Lifestyle Expenses for ALISON-MADUEKE

(1) Rental Payments

73. Beginning in August 2011 and continuing through January 2014, ALUKO and a

company beneficially owned by him, Tracon Investments Ltd. ("Tracon"), made a total of at least

£537,922 in rental payments for two central London residences both located at 22 St. Edmunds

Terrace, London NW8 7QQ. The first residence, Flat 19, was occupied by ALISON-MADUEKE

during this time period. The second residence, Flat 6, was occupied by ALISON-MADUEKE's

mother during this time period.

74. The rental payments were made in the following approximate amounts, on or about

the following dates, from the following payors:

TABLE 1

Date Payor Amount

Aug. 30, 2011 ALUKO £49,000.00

Dec. 14, 2011 ALUKO £10,216.00

Dec. 14, 2011 ALUKO £44,811.00

Feb. 24, 2012 ALUKO £39,347.50

May 11, 2012 ALUKO £29,900.00

May 11, 2012 ALUKO £39,347.50

Sept. 12, 2012 ALUKO £87,075.00

Feb. 4, 2013 Tracon £30,375.00

Mar. 28, 2013 ALUKO £29,900.00

Mar. 28, 2013 ALUKO £39,375.00

June 21, 2013 ALUKO £30,375.00

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Sept. 30, 2013 ALUKO £70,000.00

Jan. 22, 2014 Tracon £8,300.00

Jan. 22, 2014 Tracon £29,900.00

TOTAL £537,922.00

75. Upon information and belief, the above payments were made corruptly by, on

behalf of, or at the direction of ALUKO for the purpose of benefiting ALISON-MADUEKE and

her mother in return for ALISON-MADUEKE's having improperly influenced the award of the

Forcados SAAs to AEDC and in anticipation of or in return for her improperly influencing the

award of the Brass SAA, see infra ¶¶ 105-117, to AEDC and AEBD.

(2) Transportation Services

76. During the period from at least December 2012 through at least July 2014, ALUKO

and his beneficially-owned company TENKA made at least £393,274.32 in payments to a car hire

company (the "Chauffeur Company"). During that same time period, a company beneficially

owned by OMOKORE, Energy Property Development Ltd., paid at least £4,424.40 to the

Chauffeur Company.

77. The payments were made to the Chauffeur Company in the following approximate

amounts, on or about the following dates, by the following payors:

TABLE 2

Date Payor Amount

Dec. 28, 2012 ALUKO £6,171.06

Jan. 11, 2013 TENKA £6,115.92

Feb. 14, 2013 TENKA £10,664.50

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Mar. 8, 2013 TENKA £25,000.97

Apr. 8, 2013 TENKA £27,999.30

June 7, 2013 TENKA £25,524.51

June 11, 2013 Energy Prop. Dev. £1,475.22

June 13, 2013 Energy Prop. Dev. £1,072.02

July 8, 2013 ALUKO £77,605.78

July 17, 2013 Energy Prop. Dev. £1,877.16

Oct. 15, 2013 ALUKO £74,420.32

Dec. 3, 2013 TENKA £4,410.48

July 28, 2014 TENKA £35,362.48

July 29, 2014 TENKA £99,999.00

TOTAL £397,698.72

78. Upon information and belief, the above payments were made corruptly by, on

behalf of, or at the direction of ALUKO and OMOKORE for the benefit of ALISON-MADUEKE

and/or her family, in return for ALISON-MADUEKE's having improperly influenced the award

of the Forcados SAAs to AEDC and in anticipation of or in return for her improperly influencing

the award of the Brass SAA, see infra ¶¶ 105-117, to AEDC and AEBD.

79. In particular, the director of the Chauffeur Company has stated that in or around

June 2014 he was assaulted in the hallway outside of ALISON-MADUEKE's known residence at

Flat 19, 22 St. Edmunds Terrace, London NW8 7QQ, by two men known by the director to be

ALISON-MADUEKE's associates. This assault occurred as the director of the Chauffeur

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Company was attempting to deliver a letter concerning approximately £224,000 in unpaid services

provided by his company to ALISON-MADUEKE.

80. The director of the Chauffeur Company has further stated that, upon hearing the

commotion, ALISON-MADUEKE herself appeared and instructed her associates to settle the

unpaid bill. As the preceding table indicates, roughly one month after the hallway assault, TENKA

paid a total of £135,361.48 to the Chauffeur Company.

E. Furniture Purchases in Houston, Tex. for the Benefit of ALISON-MADUEKE

(1) Purchases by OMOKORE and CO-CONSPIRATOR #1

81. An employee of a furniture store located within the Southern District of Texas in

Houston, Tex., ("Houston Furniture Store #1") has stated that ALISON-MADUEKE visited his

showroom on multiple occasions. During those visits, ALISON-MADUEKE would identify

specific items of interest to her, which the employee ("Furniture Store Employee") would

photograph. During her various visits to Houston, ALISON-MADUEKE would spend many hours

over the course of two or three days reviewing furniture in Houston Furniture Store #1. Afterward,

the Furniture Store Employee would visit ALISON-MADUEKE at her hotel room in Houston to

review the photographed items. ALISON-MADUEKE would then narrow down the selections to

those she wished to be purchased.

82. ALISON-MADUEKE's purchases were always paid for by someone else. In

particular, the Furniture Store Employee recalled that CO-CONSPIRATOR #1 was the first person

to visit the store and to pay for ALISON-MADUEKE's selections.

83. Upon information and belief, ALISON-MADUEKE was present in Houston, Tex.,

to deliver a keynote address at Rice University in late September 2010, departing Houston for

Nigeria on September 29, 2010. This trip occurred roughly five months after ALISONCase

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MADUEKE assumed her role as Minister for Petroleum Resources and roughly two months after

the incorporation of AEDC.

84. Coinciding with ALISON-MADUEKE's visit to Houston, CO-CONSPIRATOR

#1 charged $12,867 and $25,000 in two separate transactions at Houston Furniture Store #1 on or

about September 27, 2010. On or about October 7, 2010, CO-CONSPIRATOR # 1 charged an

additional $3,022 at Houston Furniture Store #1. Upon information and belief, these purchases

comprised items selected by ALISON-MADUEKE and were intended for her benefit.

85. In or around the same time as the purchases made at Houston Furniture Store #1,

CO-CONSPIRATOR #1 also made significant purchases at another Houston furniture showroom

("Houston Furniture Store #2"). In particular, a Nevada-based limited partnership under the

control of CO-CONSPIRATOR #1 wired a total of $197,600 to Houston Furniture Store #2 in two

separate transactions on or about September 30, 2010, and October 1, 2010. Upon information

and belief, these payments were in settlement of approximately $200,000 worth of purchases

signed for by OMOKORE on or about September 27, 2010, at Houston Furniture Store #2.

86. Subsequently, on October 7, 2010, Houston Furniture Store #2 drew up two

additional sales invoices in OMOKORE's name in the total amount of $23,703.50. On the

following day, October 8, 2010, CO-CONSPIRATOR #1 emailed photographs of the items listed

on these additional sales invoices directly to ALISON-MADUEKE. On October 9, 2010,

ALISON-MADUEKE responded by email to CO-CONSPIRATOR #1: "thx. cabinet is the

correct one."

87. Subsequently, on October 13, 2010, CO-CONSPIRATOR #1 authorized Houston

Furniture Store # 2 to charge his Nevada company another $23,703.50 as payment for the

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additional furniture purchases made in OMOKORE's name and discussed, via email, directly with

ALISON-MADUEKE.

88. Upon information and belief, in October 2010 CO-CONSPIRATOR #1 arranged

with Houston Furniture Store #1 to combine the recent purchases made by himself and

OMOKORE from both stores and to ship the merchandise to OMOKORE in Lagos, Nigeria.

89. At least one of the items purchased in OMOKORE's name, and paid for by COCONSPIRATOR

#1, has been matched by vendor number, item number, and store-issued control

number to furniture discovered in ALISON-MADUEKE's residence in Abuja, Nigeria.

90. Upon information and belief, OMOKORE and CO-CONSPIRATOR #1 made their

purchases at Houston Furniture Stores #1 and #2 in and around September and October 2010 and

subsequently arranged for the shipment of certain of those purchases to Nigeria for the corrupt

purpose of benefitting ALISON-MADUEKE and inducing her to improperly influence the award

of, inter alia, the Forcados SAAs to AEDC.

(2) Purchases by CO-CONSPIRATORS #2 and #3

91. On or about May 3, 2011, CO-CONSPIRATOR #2 purchased a total of $53,636.79

worth of furniture from Houston Furniture Store #2. These purchases included, among other

things, the following items:

TABLE 3

Control No. Description Price (w/o tax)

1564774 Luigi XVI Sideboard $10,829.00

1373385 George III Console $2,999.00

1479702 Jappaned Secretaire $5,508.00

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92. CO-CONSPIRATOR #2 returned to Houston Furniture Store #2 on or about the

following day, i.e., May 4, 2011, and purchased another $53,890.08 worth of merchandise.

93. On March 31, 2012, CO-CONSPIRATOR #3 purchased $27,068.99 worth of

merchandise at Houston Furniture Store #2. On or about April 4, 2012, CO-CONSPIRATOR #3

returned and purchased another $5,756.73 worth of merchandise from the same store.

94. In or around May 2012, the items purchased by CO-CONSPIRATORS #2 and #3,

as described in ¶¶ 91-93, were pooled into two shipping containers and shipped to the attention of

CO-CONSPIRATOR #3 in London. The descriptions and control numbers contained on the

packing lists match exactly the descriptions and control numbers on the sales records of Houston

Furniture Store #2, including those specifically identified in Table 3 above. The total value of the

shipped furniture, exclusive of sales tax or shipping fees, was $123,987.

95. On or about August 23, 2012, a representative of a U.K. moving and storage

company emailed the Construction Company Employee #1 regarding "[CO-CONSPIRATOR

#3]'s Containers." Construction Company Employee #1 forwarded this email to ALUKO.

96. Subsequently, the Construction Company assisted in the delivery of multiple items

of furniture to 58 Harley House, including the three items identified in Table 3 above.

97. Thus, ALUKO and CO-CONSPIRATORS #2 and #3 conspired to and did purchase

furniture from Houston Furniture Store #2 and arranged for the shipment and delivery of some

portion of those items to 58 Harley House, a property that ALUKO and CO-CONSPIRATORS #2

and #3 had previously purchased and refurbished for the benefit and use of ALISON-MADUEKE

and her family.

98. Upon information and belief, ALUKO and CO-CONSPIRATORS #2 and #3

undertook to purchase and deliver furniture to 58 Harley House for the corrupt purpose of inducing

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ALISON-MADUEKE to use her influence, or rewarding her for having used her influence, within

the Nigerian Ministry for Petroleum Resources, NNPC, and NPDC to direct the award of business

opportunities to entities under the control of ALUKO and CO-CONSPIRATORS #2 and #3,

including the award of the Forcados SAAs and the Brass SAA to AEDC and AEBD.

(3) Purchases by ALUKO

99. The Furniture Store Employee further recalled that ALUKO visited the Houston

store to pay for some of ALISON-MADUEKE's selections, and the Furniture Store Employee

kept ALUKO's cellular telephone number in his own telephone under the descriptor "Kola Aluko

Madame D."

100. On or about May 4, 2012, ALUKO purchased $446,607.29 worth of goods from

Houston Furniture Store #1. Later that month, in payment for his May 4, 2012, purchases, ALUKO

wired $461,500 to Houston Furniture Store #1 from a bank account ending in -090038 held in his

name at LGT Bank (Schweiz) AG in Switzerland (the "LGT -090038 Account").

101. Also on May 4, 2012, ALUKO purchased an additional $262,091.47 worth of

furniture at Houston Furniture Store #2. On June 1, 2012, ALUKO wired $280,595.81 to Furniture

Store #2 from his LGT -090038 Account as payment for the purchases.

102. In or around March 2013, Houston Furniture Store #1 arranged a shipment of

furniture comprising a subset of items from ALUKO's May 2012 purchases at both Houston

Furniture Store #1 and Furniture Store #2. The shipment was sent from Houston to Lagos, Nigeria.

The consignee was Chijioke Isiolu. Upon information and belief, Isiolu is a Nigerian attorney who

represents OMOKORE.

103. At least one item of furniture purchased by ALUKO as part of his May 4, 2012,

purchases from Houston Furniture Store #2 has been matched by vendor number, item number,

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and store-issued control number to furniture discovered in the Abuja residence of ALISONMADUEKE.

104. Upon information and belief, ALUKO made his May 2012 purchases at Houston

Furniture Stores #1 and #2 and arranged for the shipment of certain of those purchases to Nigeria

in or around March 2013 for the corrupt purpose of benefitting ALISON-MADUEKE in return for

ALISON-MADUEKE's having improperly influenced the award of the Forcados SAAs to AEDC

and in anticipation of or in return for her improperly influencing the award of the Brass SAA, see

infra ¶¶ 105-117, to AEDC and AEBD.

F. The Brass SAA (OMLs 60, 61, 62, and 63)

105. On or about December 17, 2012--i.e., while ALUKO, OMOKORE, and COCONSPIRATORS

#1, #2, and #3 were in the midst of purchasing and refurbishing multiple highvalue

properties for the use and benefit of ALISON-MADUEKE and otherwise financing her

living and lifestyle expenses--NPDC awarded to AEDC a new SAA for OMLs 60, 61, 62, and 63

(the "Brass SAA").

106. On or about February 14, 2013, AEDC entered into a novation agreement pursuant

to which it transferred all of its rights and obligations under the Brass SAA to AEBD.

(1) Terms of the Brass SAA

107. The Brass SAA, like the earlier Forcados SAAs, imposed certain obligations on

AEBD and, in return, entitled AEBD to a share of the oil and gas produced under the Brass OMLs.

108. In particular, the Brass SAA, required AEBD to pay a non-recoverable entry fee.

Per the terms of the SAA, the value of the entry fee was to be determined based on the estimated

probable oil and gas reserves within the area covered by the Brass OMLs. Upon information and

belief, the entry fee should have been at least $120,000,000.

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109. Per the terms of the Brass SAA, commencement of the agreement was contingent

"upon the payment of the entry fee by ATLANTIC," i.e., by AEDC or, after the novation, AEBD.

110. In addition, the Brass SAA required AEBD to pay $350,000 per year to NPDC for

the first five years of the agreement for the provision of training facilities for NPDC staff.

111. Finally, the Brass SAA required AEBD "to provide all funds required by NPDC's

60% share of Petroleum Operating Costs." Upon information and belief, NPDC's share of the

operating costs for the Brass OMLs, during the period from December 2012 through December

2015, was at least $1,700,000,000.

112. In return for meeting its obligations under the Brass SAA, AEBD would be entitled

to recover the cost of financing NPDC's share of the operating costs (as described in the preceding

paragraph) and would be further entitled to a share of NPDC's profit as determined by a profitsharing

formula contained in the SAA.

113. AEBD's entitlements were payable in kind. That is, AEBD would receive

allocations of available oil sufficient to cover the amounts due as cost-recovery and profit.

(2) AEBD's Performance Under the Brass SAA

114. Both AEBD and AEDC failed entirely to meet their obligations under the Brass

SAA. Neither company ever paid the required entry fee; neither company ever made payments

towards the NPDC training facilities; and neither company provided any funds to finance NPDC's

share of the operating costs of the OMLs.

115. Despite this complete failure of AEBD and AEDC to meet any of their obligations

under the Brass SAA, NPDC nevertheless allocated to AEBD fifteen cargoes of oil, comprising

more than 7,000,000 barrels of crude oil. Over the course of a year, AEBD subsequently sold

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these allocations to Glencore Energy UK Ltd. ("Glencore") for $811,297,883.11, collectively.

1

As

detailed below, see infra Table 6, Glencore's payments to AEBD occurred between April 5, 2013,

and April 8, 2014.

116. Rather than use the proceeds of its oil liftings to meet its obligations under the Brass

SAA, AEBD retained the revenues and diverted them for the benefit of ALUKO and OMOKORE,

and, upon information and belief, for the benefit of ALISON-MADUEKE.

117. Upon information and belief, neither ALUKO nor OMOKORE ever intended to

fulfill their or their companies' obligations under the Brass SAA but, nevertheless, with the

assistance of ALISON-MADUEKE, induced NPDC to enter into the agreement under the false

and fraudulent pretense that they intended to and would fulfill their obligations.

G. ALISON-MADUEKE's Recorded Conversation with ALUKO

118. On or about May 14, 2014, ALISON-MADUEKE recorded a conversation between

herself and ALUKO. In the conversation, ALISON-MADUEKE acknowledged her role in

steering SAAs to AEDC.

ALISON-MADUEKE: You and Jide [i.e., OMOKORE] had some of the most support

that we could possibly give. At a time when we're not doing

anything else, we stuck our necks out regarding the SAA and we

supported it. [INAUDIBLE] How the two of you have ruined it

is incredulous and incredible to all of us.

I spoke to you several times about your general behavior,

acquisition of assets, etc., asking you to be a bit more careful

because [INAUDIBLE] will start following you. I remember we

had this open discussion more than once. You kept telling me

that there was no issue because you did it in a certain way, you

did it in a certain--and I kept telling you that it doesn't matter

how you do it. Once you start acquiring, acquiring, acquiring at

a certain level, then you'll be--whether you like it or not,

whether it was done in the most transparent--you understand?--

1 Glencore, according to its website, is a "one of the world's largest global diversified natural

resource companies."

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manner or not, because they will want to trace where it came

from. This is an age of terrorism.

119. In particular, ALISON-MADUEKE criticized ALUKO for the purchase of the

yacht GALACTICA STAR.

ALISON-MADUEKE: If you want to hire a yacht, you lease it for two weeks or

whatever. You don't go and sink funds into it at this time when

Nigerian oil and gas sector is under all kinds of watch, as we

have been for some time, and where Atlantic [i.e., AEDC and/or

AEBD] itself has been the subject of all kinds of speculation.

120. Subsequently, ALISON-MADUEKE confronted ALUKO with rumors she had

heard of his ability to blackmail her.

ALISON-MADUEKE: I said tell him [i.e., ALUKO] to bring everything out, and then

you know what will happen? No problem, I will be happy to

escort all of you to jail along with myself. I said, in fact, you'll

be shocked by what I will do. Because when it comes to that, I

will come out and tell the Nigerian people this is what happened.

Oh, yes, I will blame myself, but it [INAUDIBLE] place and

everything. Anything they want to say, I am happy to go. But I

will come out openly and say it so that they can judge me openly.

And then all of us go and sit on the gate. Let us see who survived

[INAUDIBLE], me or you.

121. Later, ALISON-MADUEKE acknowledged the furniture purchased on her behalf,

and indicated the total value of it could approach $4,000,000.

ALISON-MADUEKE: The furniture they gave me didn't come to more than four

million dollars, altogether. [INAUDIBLE] it is truth. I was with

[INAUDIBLE].

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H. Laundering of Corruptly Acquired Proceeds into and through the United States

122. Upon information and belief, AEDC and AEBD sold the oil-lifting allocations

assigned to them under the Forcados and Brass SAAs to third-party oil trading companies and used

the proceeds of those sales to purchase the Defendants In Rem. The following paragraphs detail

representative transactions in which AEDC and AEBD received payments from third-party traders

in return for allocations of crude oil.

(1) Taleveras Payments

123. Shortly after the award of the Forcados SAAs, ALUKO began to receive at his

personal LGT -090038 Account a stream of payments from the Taleveras Group of Companies

and its affiliates, including Taleveras Trading Ltd. and Taleveras Petroleum Trading BV

(collectively, "Taleveras"). Over the course of six months, these payments totaled nearly

$15,000,000.

124. Taleveras is a Nigerian-based oil trading company that was assigned the oil-lifting

rights of companies controlled by CO-CONSPIRATORS #1 and #3.

125. The founder and chairman of Taleveras is Igho Sanomi ("Sanomi"). Sanomi is also

a director of and a 30% shareholder in Lengard Projects Ltd. ("Lengard"), a Nigerian corporation.

Notations recorded alongside the wires that Taleveras sent to ALUKO indicate the payments were

made in connection with a joint venture between Lengard and AEDC concerning the Forcados

SAAs.

126. The Taleveras payments are summarized in Table 4 below.

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TABLE 4

Date Amount From To Remittance Notes

July 12, 2011 $1,500,000

Taleveras

Group of

Cos.

ALUKO

LGT

-090038

Account

RFB LENGARD JVA

July 14, 2011 $1,000,000

Taleveras

Group of

Cos.

ALUKO

LGT

-090038

Account

FOR FIRST INSTALLMENT

DUE

July 20, 2011 $1,000,000 Taleveras

Trading Ltd.

ALUKO

LGT

-090038

Account

RFB JOINT CONRACT

VENTURE WITH

LENGARD PROJECT

Aug. 15,

2011 $1,000,000

Taleveras

Group of

Cos.

ALUKO

LGT

-090038

Account

JOINT VENTURE

CONTRACT WITH

LENGARD

Aug. 15,

2011 $650,000

Taleveras

Group of

Cos.

ALUKO

LGT

-090038

Account

JOINT VENTURE

CONTRACT WITH

LENGARD

Sept. 12,

2011 $1,000,000 Taleveras

Trading Ltd.

ALUKO

LGT

-090038

Account

JOINT CONTRACT

VENTURE WITH

LENGARD PROJECT

Sept. 16,

2011 $1,600,000 Taleveras

Trading Ltd.

ALUKO

LGT

-090038

Account

KOLA ALUKO AND

LENGARD AGREEMENT

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Oct. 5, 2011 $1,500,000

Taleveras

Petroleum

Trading BV

ALUKO

LGT

-090038

Account

REF KOLAWOLE ALUKO

AND LENGARD PROJECTS

AGREEMENT FOR OML

Oct. 11, 2011 $500,000

Taleveras

Group of

Cos.

ALUKO

LGT

-090038

Account

RFB PAYMENT FOR

LENGARD JVA WITH

KOLAWOLE ALUKO

BEING JOIN CONTRACT

BETWEEN LENGARD

PROJECTS LTD AND

MRKOLAWOLE ALUKO

Nov. 14,

2011 $2,000,000

Taleveras

Group of

Cos.

ALUKO

LGT

-090038

Account

RFB FINAL PAYMENT ON

AGREEMENT FOR OMLS

[BANK ACCOUNT NO.]

Dec. 7, 2011 $1,600,000

Taleveras

Petroleum

Trading BV

ALUKO

LGT

-090038

Account

REF KOLAWOLE ALUKO

AND LENGARD PROJECTS

AGREEEMENT FOR OML

30 34 42 26

Jan. 3, 2012 $600,000

Taleveras

Petroleum

Trading BV

ALUKO

LGT

-090038

Account

REF FINAL PAYMENT

VENTURE LENGARD

PROJECTS LTD

Jan. 10, 2012 $1,000,000

Taleveras

Petroleum

Trading BV

ALUKO

LGT

-090038

Account

REF FINAL PAYMENT

KOLAWOLE ALUKO AND

LENGARD PROJECTS

AGREEMENT FOR OML 30

34 42 26

TOTAL $14,950,000

127. Upon information and belief, the sums identified in Table 4 were paid to ALUKO

in return for an assignment to Taleveras and/or Lengard of AEDC's rights to lift oil under the

corruptly acquired Forcados SAAs.

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33

128. Each of the transactions identified in Table 4 were transferred into and out of

correspondent bank accounts at a financial institution which processes its U.S. dollar wire

transactions through Newark, N.J.

(2) Arcadia Payments

129. Upon information and belief, AEDC entered into an agreement with the Arcadia

Group and/or its affiliates and subsidiaries (collectively "Arcadia"), according to which Arcadia

loaned money to AEDC.2

In return, Arcadia was repaid with assignments of AEDC's crude oil

liftings under the Forcados SAAs.

130. In particular, two months after the last payment from Taleveras, as detailed above,

Arcadia Energy (Suisse) SA and Arcadia Petroleum Ltd. began making payments to an account

held in the name of AEH at LGT Bank (Schweiz) AG ending in -108031 (the "LGT -108031

Account"). These payments are summarized in Table 5 below.

TABLE 5

Date Amount From To

Apr. 18, 2012 $10,000,000.00 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

May 14, 2012 $1,240,636.73 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

June 26, 2012 $4,182,119.86 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

July 23, 2012 $2,369,202.26 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

July 24, 2012 $1,275,896.52 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

2 According to its website, Arcadia is a "global commodity trading firm covering oil,

agricultural, gas and power markets."

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 33 of 54

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Aug. 17, 2012 $2,962,828.96 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Sept. 17, 2012 $25,000,000.00 Arcadia Petroleum

Ltd.

AEH LGT -108031

Account

Sept. 17, 2012 $25,000,000.00 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Sept. 18, 2012 $2,091,915.00 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Jan. 8, 2013 $23,419,427.59 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Jan. 10, 2013 $1,603,484.35 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Feb. 4, 2013 $2,000,000.00 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Feb. 15, 2013 $1,114,975.99 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Feb. 21, 2013 $6,000,000.00 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

Feb. 27, 2013 $1,750,000.00 Arcadia Energy

(Suisse) SA

AEH LGT -108031

Account

TOTAL $110,010,487.26

131. Each of the transactions identified in Table 5 were transferred into and out of

correspondent bank accounts at a financial institution which processes its U.S. dollar wire

transactions through Stamford, Conn.

(3) Glencore Payments

132. As described above, supra ¶ 115, AEBD sold to Glencore more than 7,000,000

barrels of crude oil acquired through the Brass SAA. Glencore's payments for these allotments

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were made: (i) to an account in the name of AEBD ending in -184001 at Deutsche Bank (Suisse)

SA (the "DB -184001 Account"); (ii) to an account ending in -630350 in the name of AEBD at

Standard Chartered Bank London (the "SCB -630350 Account"); (iii) to an account in the name

of AEBD ending in -677644 at Standard Chartered Bank London (the "SCB -677644 Account");

and (iv) to an account ending in -9941 in the name of AEBD at Stanbic IBTC (Nigeria) (the

"SIBTC -9941 Account"). These payments are summarized in Table 6 below.

TABLE 6

Date Amount From To

Apr. 5, 2013 $83,698,030.50 Glencore AEBD SCB -630350

Account

June 14, 2013 $11,135,517.30 Glencore AEBD SIBTC -9941

Account

June 20, 2013 $80,550,041.30 Glencore AEBD SCB -677644

Account

July 11, 2013 $79,408,556.24 Glencore AEBD SIBTC -9941

Account

July 13, 2013 $19,825,640.43 Glencore AEBD SCB -677644

Account

July 19, 2013 $19,570,062.69 Glencore AEBD SIBTC -9941

Account

July 25, 2013 $83,489,717.99 Glencore AEBD SIBTC -9941

Account

Aug. 16, 2013 $20,622,648.97 Glencore AEBD SIBTC -9941

Account

Sept. 24, 2013 $39,900,000.00 Glencore AEBD DB -184001

Account

Oct. 11, 2013 $39,900,000.00 Glencore AEBD SIBTC -9941

Account

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Oct. 11, 2013 $44,357,752.55 Glencore AEBD SIBTC -9941

Account

Oct. 25, 2013 $20,696,220.17 Glencore AEBD SIBTC -9941

Account

Nov. 1, 2013 $43,817,618.34 Glencore AEBD DB -184001

Account

Nov. 8, 2013 $20,225,853.91 Glencore AEBD SIBTC -9941

Account

Nov. 26, 2013 $39,900,000.00 Glencore AEBD SIBTC -9941

Account

Jan. 15, 2014 $42,696,761.51 Glencore AEBD SIBTC -9941

Account

Jan. 23, 2014 $20,172,151.70 Glencore AEBD SIBTC -9941

Account

Mar. 20, 2014 $83,159,960.00 Glencore AEBD SIBTC -9941

Account

Apr. 8, 2014 $18,171,349.51 Glencore AEBD SIBTC -9941

Account

TOTAL $811,297,883.11

133. Each of the transactions identified in Table 6 was transferred into and out of

correspondent bank accounts at financial institutions which process their U.S. dollar wire

transactions through Newark, N.J., and Jersey City, N.J.

134. Of the amounts Glencore paid into AEBD's SIBTC -9941 Account, significant

amounts were subsequently transferred into (i) AEH's LGT -108031 Acount; (ii) an account held

in the name of Atlantic Energy DMCC at LGT Bank (Schweiz) AG ending in -822048 (the "LGT

-822048 Account"); (iii) the DB -184001 Account; and (iv) an account held in the name of Atlantic

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 36 of 54

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Energy SA at LGT Bank (Schweiz) AG ending in -431046 (the "LGT -431046 Acount"). These

transfers are summarized in Table 7 below:

TABLE 7

Date Amount From To

July 15, 2013 $49,408,556.24 AEBD SIBTC -9941

Account

AEH LGT -108031

Account

July 25, 2013 $19,500,000.00 AEBD SIBTC -9941

Account

AEH LGT -108031

Account

July 31, 2013 $83,482,367.99 AEBD SIBTC -9941

Account

AEH LGT -108031

Account

Aug. 26, 2013 $7,000,000.00 AEBD SIBTC -9941

Account

AEH LGT -108031

Account

Oct. 18, 2013 $81,000,000.00 AEBD SIBTC -9941

Account

AEH LGT -108031

Account

Oct. 23, 2013 $1,000,000.00 AEBD SIBTC -9941

Account

AE DMCC

LGT -822048

Account

Oct. 23, 2013 $300,000.00 AEBD SIBTC -9941

Account

AE SA

LGT -431046

Account

Nov. 15, 2013 $19,900,000.00 AEBD SIBTC -9941

Account

AEH LGT -108031

Account

Nov. 29, 2013 $300,000.00 AEBD SIBTC -9941

Account

AE SA

LGT -431046

Account

Dec. 4, 2013 $299,960.00 AEBD SIBTC -9941

Account

AE SA

LGT -431046

Account

Mar. 26, 2014 $10,000,000.00 AEBD SIBTC -9941

Account

AEBD DB -184001

Account

TOTAL $272,190,884.23

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135. Each of the transactions identified in Table 7 was transferred into and out of

correspondent bank accounts at a financial institution which processes its U.S. dollar wire

transactions through Jersey City, N.J.

I. The Purchase of Defendants In Rem

136. Purchases made by or for ALUKO's benefit during the period of the SAAs grossly

outstrip his known net worth and legitimate income. Although Aluko once owned an oil-trading

company in Nigeria, he was known as a small-time trader. Likewise, between 2007 and 2011,

Aluko was employed by Seven Energy International Ltd. where his annual salary was only

approximately $500,000, plus bonus.

137. Nevertheless, as detailed below, during the period from March 2012 through

January 2015, ALUKO purchased more than $87 million dollars' worth of real property in the

United States and an $82 million luxury yacht.

138. Upon information and belief, ALUKO, OMOKORE, and others transferred the

proceeds of the Forcados and Brass SAAs into accounts held in their names or in the names of

entities under their control and laundered these proceeds into and through the United States,

including for the purchase of the Defendants In Rem.

(1) 815 CIMA DEL MUNDO ROAD

139. On or about July 3, 2012, ALUKO wired $645,000 from his LGT -090038 Account

to Chicago Title Co. for the purchase of the Defendant In Rem 815 CIMA DEL MUNDO ROAD.

On or about August 2, 2012, ALUKO wired an additional $22,868,000 from his LGT -090038

Account to Chicago Title Co. to complete the purchase.

140. Although the funds used to purchase 815 CIMA DEL MUNDO ROAD were wired

in ALUKO's name, the property was titled in the name of Wamdara, Inc., a California corporation

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that was registered on July 30, 2012, i.e., three days before the sale closed. Wamdara, Inc., is a

wholly owned subsidiary of EARNSHAW.

(2) 807 CIMA DEL MUNDO ROAD

141. One month after the purchase of 815 CIMA DEL MUNDO ROAD, on or about

September 28, 2012, ALUKO wired $200,000 from his LGT -090038 Account to Chicago Title

Co. for the purchase--in the name of Wamdara, Inc.--of the Defendant In Rem 807 CIMA DEL

MUNDO ROAD.

142. On or about November 7, 2012, EARNSHAW wired $6,088,115 from an account

ending in -525036 held in its name at LGT Bank (Schweiz) AG in Switzerland (the "LGT -525036

Account") to an account held at City National Bank in the name of Canon Business Properties,3

for the benefit of Wamdara, Inc. On or about the next day, November 8, 2012, Canon Business

Properties wired $6,087,962.24 to Chicago Title Co. to complete the purchase of 807 CIMA DEL

MUNDO ROAD.

143. Although the funds used to purchase 807 CIMA DEL MUNDO ROAD were wired

in the name of ALUKO and EARNSHAW, the property was titled in the name of Wamdara, Inc.,

a California corporation that, as noted above, was previously registered in connection with the

purchase of 815 CIMA DEL MUNDO ROAD and is a wholly owned subsidiary of EARNSHAW.

(3) 1049 FIFTH AVENUE UNITS

144. On or about July 5, 2013, ALUKO wired $8,250,000 from his LGT -090038

Account to an account held at City National Bank in the name of Canon Business Properties, for

the benefit of 1049 5th Avenue, Inc. Three days later, on or about July 8, 2013, Canon Business

3 Canon Business Properties is a property management company located in Beverly Hills, Calif.

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Properties wired $8,240,000 to Peninsula Abstract LLC, a title company operating in Bayside,

N.Y., for the purchase of the Defendant In Rem 1049 FIFTH AVENUE UNITS.

145. Although the funds used to purchase the 1049 FIFTH AVENUE UNITS came from

the LGT -090038 Account held in ALUKO's name, the property was titled in the name of 1049

5th Avenue, Inc., a New York corporation that was registered on May 15, 2013, i.e., two months

before the $8,250,000 wire was sent. 1049 5th Avenue, Inc., is a wholly owned subsidiary of

EARNSHAW.

(4) 157 WEST 57TH STREET SURPLUS PROCEEDS

146. On or about August 20, 2012, ALUKO wired $10,000,000 from his LGT -090038

Account to an escrow account for the purchase of real property at 157 West 57th Street, Unit 79,

New York, New York 10019 (the "157 West 57th Street Unit"). On or about February 27, 2013,

ALUKO wired an additional $2,500,000 from his LGT -090038 Account to the same escrow

account.

147. On or about December 4, 2014, EARNSHAW wired $34,744,000 from the

LGT -525036 Account to Peninsula Abstract LLC; however, Peninsula Abstract's bank, Sterling

National Bank, declined the transaction and the funds were returned.

148. Four days later, on or about December 8, 2014, EARNSHAW wired $34,744,000

from its LGT -525036 Account directly to Extell West 57th Street, LLC, which was the developer

for the building at 157 West 57th Street.

149. On or about January 5, 2015, EARNSHAW wired an additional $1,500,000 from

its LGT -525036 Account to Extell West 57th Street.

150. Although the funds used to purchase the 157 West 57th Street Unit came from the

LGT -090038 Account held in ALUKO's name, along with the LGT -525036 Account held in

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EARNSHAW's name, the property was titled in the name of One57 79 Inc., a New York

corporation that was registered on January 10, 2014, i.e., five days after the final $1,500,000 wire

was sent. One57 79 Inc. is a wholly owned subsidiary of EARNSHAW.

151. On or about September 3, 2015, EARNSHAW entered into a loan agreement with

Banque Havilland relating to a €25,000,000 loan facility (the "Banque Havilland Loan"). As

security for the Banque Havilland Loan, EARNSHAW pledged the GALACTICTA STAR. As

further security, on or about September 9, 2015, One57 79 Inc. undertook to guarantee

EARNSHAW's obligations under the Banque Havilland Loan and, in support thereof, executed a

mortgage over the 157 West 57th Street Unit in Banque Havilland's favor.

152. Pursuant to the terms of the Banque Havilland Loan, EARNSHAW agreed to pay

interest on the loan monthly and to repay the loan in full by September 5, 2016. Upon information

and belief, EARNSHAW failed to make its required interest payment in September 2016 and has

failed to repay the €25,000,000 principal. These failures constituted an event of default under the

Banque Havilland Loan.

153. In light of the default, on or about January 26, 2017, Banque Havilland initiated a

foreclosure action against One57 79 Inc. in New York State Supreme Court.

154. On or about April 3, 2017, One57 79 Inc. and Banque Havilland entered into a

Stipulation of Settlement and Consent to the Immediate Entry of Judgment of Foreclosure (the

"Stipulation of Settlement"), under which One57 79 Inc. acknowledged the fact of EARNSHAW's

default and consented to the immediate entry of a judgment of foreclosure. As part of the

Stipulation of Settlement, One57 79 Inc. waived its rights to make any motion or application in

the foreclosure proceedings other than "to make a claim pursuant to RPAPL § 1361 for any surplus

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monies from foreclosure sale of the Mortgaged Premises that are deposited with the Court by the

Referee after payment" of amounts owed to Banque Havilland.

155. On or about May 25, 2017, the Hon. Arlene P. Bluth, Justice of the New York

Supreme Court, entered a Judgment of Foreclosure and Sale (the "Judgment") pursuant to which

the 157 West 57th Street Unit is now set for public auction on or about July 19, 2017, in Room

130 of the Courthouse located at 60 Centre Street, New York, N.Y. 10007.

156. Per the terms of the Judgment, proceeds of the auction are to be paid out in order

to cover any "taxes, assessments, sewer, rents or water rates which are or may become liens on the

premises," the costs of the sale, the referee's fee, and the amounts due to Banque Havilland. Any

surplus remaining after settlement of the foregoing amounts is to be deposited with the New York

County Clerk.

157. Upon information and belief, One57 79 Inc. is entitled to file a claim, pursuant to

N.Y. Real Prop. Acts. Law § 1361, for any such surplus deposited with the New York County

Clerk. Such surplus monies payable or owed to One57 79 Inc. constitute the Defendant In Rem

identified as the 157 WEST 57TH STREET SURPLUS PROCEEDS.

(5) GALACTICA STAR

158. On or about April 5, 2013, Glencore wired $83,698,030.50 from its account at

Credit Suisse AG to AEBD's SCB -630350 Account in London. See supra Table 6. Just four days

later, on April 9, AEBD transferred $74,400,000 to the LGT -822048 Account for the benefit of

AEH.

159. On or about June 20, 2013, Glencore wired an additional $80,550,041.30 from its

account at Credit Suisse AG to AEBD's SCB -630350 Account. The following day, on or about

June 21, 2013, AEBD wired $64,000,000 to AEH's LGT -108031 Account.

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160. Upon information and belief, out of such funds deposited in the LGT -822048

Account and the LGT -108031 Account, approximately $82,000,000 was subsequently transferred

to ALUKO's LGT -090038 Account through an intrabank transfer. ALUKO then used these funds

to purchase the Defendant In Rem GALACTICA STAR in the name of EARNSHAW between

July and September 2013.

161. Upon information and belief, the purchase of the GALACTICA STAR was

brokered by Stenham Trustees Ltd., of the Bailiwick of Guernsey.

162. Furthermore, upon purchasing the GALACTICA STAR, ALUKO, acting through

EARNSHAW, leased a berth at Marina Port Vell in Barcelona, Spain. The berthing lease was

executed on or about October 2, 2013, between EARNSHAW and Marina Port Vell S.A.U.

According to Marina Port Vell's website, it is a "world-class home port for superyachts."

163. Subsequently, on or about April 3, 2015, a company called Mez Investments, Inc.,

wired $400,000 from an account at Farmers & Merchants Bank to Nigel Burgess Ltd. Mez

Investments, Inc., was a wholly owned subsidiary of EARNSHAW incorporated in California.

Accompanying the wire was the notation, "Man Galactica Star." This notation is a reference to

Nigel Burgess Ltd.'s management contract for the GALACTICA STAR.

164. Similarly, on or about March 10, 2016, another company wholly owned by

EARNSHAW, Dame Investments, Inc., wired €430,000 to Nigel Burgess Ltd. This wire, too,

contained the notation, "Man Galactica Star."

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(6) CROSS HOLDINGS PROMISSORY NOTE

165. On or about June 12, 2015, ALUKO, acting on behalf of TENKA, signed a letter

of intent addressed to Cross Holdings, Inc.4 ("Cross Holdings"), in which TENKA committed to

loan $6,000,000 to Cross Holdings, which loan would later be convertible into shares of Cross

Holdings common stock. The conversion of the loan into common stock was contingent on

TENKA's later investment of an additional $22,000,000 in Cross Holdings.

166. Subsequently, TENKA assigned its rights and responsibilities under the letter of

intent to Rivermount International Ltd. ("Rivermount"), a special-purpose vehicle registered in the

British Virgin Islands and set up to carry out the transactions contemplated in the letter of intent.

167. On or about July 15, 2015, Rivermount and Cross Holdings executed the Defendant

In Rem CROSS HOLDINGS PROMISSORY NOTE. The CROSS HOLDINGS PROMISSORY

NOTE formalizes the letter of intent, with some modifications to the payment schedules. Under

the CROSS HOLDINGS PROMISSORY NOTE, Rivermount was to loan $16,000,000 to Cross

Holdings, payable in three tranches: (i) $2,000,000 on July 15, 2015; (ii) $6,000,000 on September

11, 2015; and (iii) $10,000,000 on or before March 31, 2016. The loan was convertible into Cross

Holdings common stock upon an additional investment from Rivermount of $12,000,000 on or

before March 31, 2017.

168. On July 15, 2015, Arcadia Global Assets Ltd. paid $1,999,965 to Cross Holdings

as the first loan installment under the CROSS HOLDINGS PROMISSORY NOTE.

4 According to its website, Cross Holdings is a "deepwater intervention and support company"

supporting the "marine and offshore industry."

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169. On September 11, 2015, EARNSHAW wired $4,000,000 to Cross Holdings as the

second loan installment under the CROSS HOLDINGS PROMISSORY NOTE. Upon

information and belief, EARNSHAW obtained this $4,000,000 from the Banque Havilland Loan.

170. On March 11, 2016, Wamdara, Inc., wired $10,000,000 to Cross Holdings as the

third installment under the CROSS HOLDINGS PROMISSORY NOTE. As detailed above,

Wamdara, Inc., is a wholly owned subsidiary of EARNSHAW. Upon information and belief, this

$10,000,000 was obtained through a loan from Farmers & Merchants Bank, against which

Wamdara, Inc., pledged as security 815 CIMA DEL MUNDO ROAD.

171. Upon information and belief, Cross Holdings has never repaid the $16,000,000 in

loan proceeds to Rivermount or any of its affiliated companies (including TENKA, EARNSHAW,

or Wamdara, Inc.). Upon information and belief, the loan proceeds have not been converted into

Cross Holdings common stock. Therefore, as detailed in the CROSS HOLDINGS PROMISSORY

NOTE, Rivermount's rights and interests in the note entitle it, among other things, to repayment

of the loan principal, plus all accrued interest, upon demand.

FIRST CLAIM FOR FORFEITURE

172. The United States incorporates by reference ¶¶ 1 through 171 above as if fully set

forth herein.

173. Pursuant to 18 U.S.C. § 981(a)(1)(C), "[a]ny property, real or personal, which

constitutes or is derived from proceeds traceable to . . . any offense constituting 'specified unlawful

activity'" is subject to forfeiture to the United States.

174. "Specified unlawful activity" is defined in 18 U.S.C. §§ 1956(c)(7)(A),

1956(c)(7)(B)(iv), and 1956(c)(7)(D) to include, among other things, (i) foreign offenses involving

"the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public

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official"; (ii) foreign offenses involving bribery of a public official; (iii) interstate transportation

of stolen or fraudulently obtained property (18 U.S.C. § 2314); (iv) interstate receipt of stolen

property (18 U.S.C. § 2315); (v) wire fraud (18 U.S.C. § 1343); and any felony violation of the

FCPA (15 U.S.C. § 78dd-1 et seq.).

175. As set forth above, the Defendants In Rem constitute or are derived from proceeds

traceable to bribery of a public official or the misappropriation, theft, or embezzlement of public

funds for the benefit of a public official, in violation of the laws of Nigeria, as well as from

proceeds traceable to the interstate transportation or receipt of property stolen or taken by fraud,

to wire fraud, and to felony violations of the FCPA or to a conspiracy to commit one of the

foregoing offenses.

176. Therefore, the Defendants In Rem are subject to forfeiture to the United States

pursuant to 18 U.S.C. § 981(a)(1)(C) on the grounds that they constitute or are derived from

proceeds traceable to a specified unlawful activity or a conspiracy to commit a specified unlawful

activity.

SECOND CLAIM FOR FORFEITURE

177. The United States incorporates by reference ¶¶ 1 through 171 above as if fully set

forth herein.

178. Pursuant to 18 U.S.C. § 981(a)(1)(A), "[a]ny property, real or personal, involved in

a transaction or attempted transaction in violation of [18 U.S.C. § 1957], or any property traceable

to such property" is subject to forfeiture to the United States.

179. Section 1957 imposes criminal penalties on any person who "knowingly engages

or attempts to engage in a monetary transaction in criminally derived property of a value greater

than $10,000 [that] is derived from specified unlawful activity."

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180. For purposes of § 1957, "specified unlawful activity" is defined in 18 U.S.C. §§

1956(c)(7)(A), 1956(c)(7)(B)(iv), and 1956(c)(7)(D) to include, among other things, (i) foreign

offenses involving "the misappropriation, theft, or embezzlement of public funds by or for the

benefit of a public official"; (ii) foreign offenses involving bribery of a public official; (iii)

interstate transportation of stolen or fraudulently obtained property (18 U.S.C. § 2314); (iv)

interstate receipt of stolen property (18 U.S.C. § 2315); (v) wire fraud (18 U.S.C. § 1343); and any

felony violation of the FCPA (15 U.S.C. § 78dd-1 et seq.).

181. As set forth above, the Defendants In Rem were involved in, or are traceable to,

monetary transactions or attempted monetary transactions involving criminally derived property

of a value greater than $10,000 and, as detailed above, the funds involved in those transactions

were derived from specified unlawful activity, including bribery of a public official or the

misappropriation, theft, or embezzlement of public funds for the benefit of a public official, in

violation of the laws of Nigeria; the interstate transportation or receipt of property stolen or taken

by fraud; wire fraud; felony violations of the FCPA; or to a conspiracy to commit one of the

foregoing offenses.

182. Therefore, the Defendants In Rem are subject to forfeiture to the United States

pursuant to 18 U.S.C. § 981(a)(1)(A) on the grounds that they were involved in or are traceable to

transactions or attempted transactions in violation of 18 U.S.C. § 1957.

THIRD CLAIM FOR FORFEITURE

183. The United States incorporates by reference ¶¶ 1 through 171 above as if fully set

forth herein.

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184. Pursuant to 18 U.S.C. § 981(a)(1)(A), "[a]ny property, real or personal, involved in

a transaction or attempted transaction in violation of [18 U.S.C. § 1956], or any property traceable

to such property" is subject to forfeiture to the United States.

185. Section 1956(a)(1) imposes criminal penalties on any person who:

knowing that the property involved in a financial transaction represents the

proceeds of some form of unlawful activity, conducts or attempts to conduct such

a financial transaction which in fact involves the proceeds of specified unlawful

activity --

. . .

(B) knowing that the transaction is designed in whole or in part --

(i) to conceal or disguise the nature, the location, the source, the

ownership, or the control of the proceeds of specified unlawful

activity[.]

186. For purposes of § 1956, "specified unlawful activity" is defined in 18 U.S.C. §§

1956(c)(7)(A), 1956(c)(7)(B)(iv), and 1956(c)(7)(D) to include, among other things, (i) foreign

offenses involving "the misappropriation, theft, or embezzlement of public funds by or for the

benefit of a public official"; (ii) foreign offenses involving bribery of a public official; (iii)

interstate transportation of stolen or fraudulently obtained property (18 U.S.C. § 2314);

(iv) interstate receipt of stolen property (18 U.S.C. § 2315); (v) wire fraud (18 U.S.C. § 1343); and

any felony violation of the FCPA (15 U.S.C. § 78dd-1 et seq.).

187. As set forth above, the Defendants In Rem were involved in, or are traceable to,

financial transactions or attempted financial transactions involving funds derived from specified

unlawful activity, including bribery of a public official or the misappropriation, theft, or

embezzlement of public funds for the benefit of a public official, in violation of the laws of Nigeria;

the interstate transportation or receipt of property stolen or taken by fraud; wire fraud; felony

violations of the FCPA; or to a conspiracy to commit one of the foregoing offenses.

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 48 of 54

49

188. As further set forth above, the transactions were designed in whole or in part to

conceal or disguise the nature, location, source, ownership, or control of the proceeds of specified

unlawful activity by, among other things, funneling the funds through multiple bank accounts held

in the names of disparate entities and, subsequently, titling the assets in the name of shell

companies.

189. Therefore, the Defendants In Rem are subject to forfeiture to the United States

pursuant to 18 U.S.C. § 981(a)(1)(A) on the grounds that they were involved in violations of 18

U.S.C. § 1956(a)(1)(B)(i) or are traceable to such property.

FOURTH CLAIM FOR FORFEITURE

190. The United States incorporates by reference ¶¶ 1 through 171 above as if fully set

forth herein.

191. Pursuant to 18 U.S.C. § 981(a)(1)(A), "[a]ny property, real or personal, involved in

a transaction or attempted transaction in violation of [18 U.S.C. § 1956], or any property traceable

to such property" is subject to forfeiture to the United States.

192. Section 1956(a)(2) imposes criminal penalties on any person who:

Transports, transmits, or transfers, or attempts to transport, transmit, or transfer a

monetary instrument or funds from a place in the United States to or through a place

outside the United States or to a place in the United States from or through a place

outside the United States --

. . .

(B) knowing that the monetary instrument or funds involved in the

transportation, transmission, or transfer represent the proceeds of some

unlawful activity and knowing that such transportation, transmission, or

transfer is designed in whole or in part --

(i) to conceal or disguise the nature, the location, the source, the

ownership, or the control of the proceeds of specified unlawful

activity[.]

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 49 of 54

50

193. For purposes of § 1956, "specified unlawful activity" is defined in 18 U.S.C. §§

1956(c)(7)(A), 1956(c)(7)(B)(iv), and 1956(c)(7)(D) to include, among other things, (i) foreign

offenses involving "the misappropriation, theft, or embezzlement of public funds by or for the

benefit of a public official"; (ii) foreign offenses involving bribery of a public official; (iii)

interstate transportation of stolen or fraudulently obtained property (18 U.S.C. § 2314); (iv)

interstate receipt of stolen property (18 U.S.C. § 2315); (v) wire fraud (18 U.S.C. § 1343); and any

felony violation of the FCPA (15 U.S.C. § 78dd-1 et seq.).

194. As set forth above, the Defendants In Rem were involved in, or are traceable to, the

transportation, transmission, or transfer of funds to a place in the United States from or through a

place outside the United States or to a place outside the United States from or through a place in

the United States, in which such funds were derived from specified unlawful activity, including

bribery of a public official or the misappropriation, theft, or embezzlement of public funds for the

benefit of a public official, in violation of the laws of Nigeria; the interstate transportation or

receipt of property stolen or taken by fraud; wire fraud; felony violations of the FCPA; or to a

conspiracy to commit one of the foregoing offenses.

195. As further set forth above, such transportation, transmissions, or transfers were

designed in whole or in part to conceal or disguise the nature, location, source, ownership, or

control of the proceeds of specified unlawful activity by, among other things, funneling the funds

through multiple bank accounts held in the names of disparate entities and, subsequently, titling

the assets in the name of shell companies.

196. Therefore, the Defendants In Rem are subject to forfeiture to the United States

pursuant to 18 U.S.C. § 981(a)(1)(A) on the grounds that they were involved in violations of 18

U.S.C. § 1956(a)(2)(B)(i) or are traceable to such property.

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 50 of 54

51

FIFTH CLAIM FOR FORFEITURE

197. The United States incorporates by reference ¶¶ 1 through 196 above as if fully set

forth herein.

198. Pursuant to 18 U.S.C. § 981(a)(1)(A), "[a]ny property, real or personal, involved in

a transaction or attempted transaction in violation of [18 U.S.C. § 1956 or 1957], or any property

traceable to such property" is subject to forfeiture to the United States.

199. Section 1956(h) imposes criminal penalties on any person who "conspires to

commit any offense defined in [18 U.S.C. § 1956 or 1957]."

200. As set forth above, the Defendants In Rem were involved in or were the subjects of

a conspiracy to conduct, or attempt to conduct, transactions in violation of 18 U.S.C.

§§ 1956(a)(1)(B)(i), 1956(a)(2)(B)(i), and/or 1957, which transactions involved the proceeds of,

or property traceable to the proceeds of, specified unlawful activity, including, among other things,

(i) foreign offenses involving "the misappropriation, theft, or embezzlement of public funds by or

for the benefit of a public official"; (ii) foreign offenses involving bribery of a public official; (iii)

interstate transportation of stolen or fraudulently obtained property (18 U.S.C. § 2314); (iv)

interstate receipt of stolen property (18 U.S.C. § 2315); (v) wire fraud (18 U.S.C. § 1343); and any

felony violation of the FCPA (15 U.S.C. § 78dd-1 et seq.).

201. Accordingly, the Defendants In Rem are subject to forfeiture to the United States

under 18 U.S.C. § 981(a)(1)(A) on the grounds that they constitute property involved in a

conspiracy or conspiracies to violate 18 U.S.C. §§ 1956 and/or 1957, all in violation of 18 U.S.C.

§ 1956(h) or are traceable to such property.

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 51 of 54

52

CLAIM FOR RELIEF

WHEREFORE Plaintiff, the United States, requests as follows:

(1) That the Court enter judgment against the Defendants In Rem, and in favor of the

United States, on all claims alleged in the Complaint.

(2) That the Court issue process to enforce the forfeiture of the Defendants In Rem,

requiring all persons having an interest in the Defendants In Rem be cited to appear

and show cause why the forfeiture should not be decreed, and that this Court decree

forfeiture of the Defendants In Rem to the United States of America for disposition

according to law; and

(3) That the Court grant the United States such other relief as this Court may deem just

and proper, together with the costs and disbursements of this action.

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 52 of 54

53

Dated: July 14, 2017

Respectfully submitted,

DEBORAH CONNOR, ACTING CHIEF

MONEY LAUNDERING AND ASSET

RECOVERY SECTION (MLARS)

By: /s/ Michael W. Khoo

MARY BUTLER

Chief, MLARS-International Unit

STEPHEN CAMPBELL

Deputy Chief, MLARS-IU

STEPHEN A. GIBBONS (DC Bar No. 493719)

MICHAEL W. KHOO (DC Bar No. 997796)

Trial Attorneys, MLARS-IU

United States Department of Justice

1400 New York Avenue, NW

Bond Building, Suite 10100

Washington, DC 20005

Telephone: (202) 514-1263

Facsimile: (202) 616-2547

Email: stephen.gibbons@usdoj.gov

michael.khoo@usdoj.gov

Attorneys for Plaintiff

UNITED STATES OF AMERICA

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 53 of 54

VERIFICATION

I, ELIZABETH CRISPIN°, a Special Agent with the Federal Bureau of Investigation

("FBI"), hereby verify and declare under penalty of perjury that I have read the foregoing Verified

Complaint In Rem and know the contents thereof, and that the factual statements contained in the

Verified Complaint are true to my own knowledge, except those factual statements herein stated

to be alleged on information and belief and as to those factual statements I believe them to be true.

In signing this verification I am not opining on any legal theories or conclusions contained herein.

The sources of my knowledge and information and the grounds of my belief are the official

files and records of the United States, information supplied to me by law enforcement officers, as

well as my investigation of this case, together with others, as a Special Agent of FBI. This Verified

Complaint does not set forth each and every fact learned during the course of this investigation or

known to the United States but rather only contains those factual statements necessary to establish,

by a preponderance of the evidence, that the Defendant Properties are subject to forfeiture. The

dates and amounts referred to in this Verified Complaint are approximate. The names referenced

may have alternate spellings in original and translated documents.

I hereby verify and declare under penalty of perjury under the laws of the United States of

America, pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct.

Executed on this 1141'iday of July 2017.

€2A° thk CAA11/00/

ELIZ TH CRISPIN°

SPECIAL AGENT

FEDERAL BUREAU OF INVESTIGATION

Case 4:17-cv-02166 Document 1 Filed in TXSD on 07/14/17 Page 54 of 54

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