Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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1 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. ALL FUNDS UP TO AND INCLUDING $1,474,517 IN INTERBANK ACCOUNTS HELD BY OR FOR THE BENEFIT OF NEDBANK, LTD. AT BANK OF AMERICA NA, HSBC BANK USA NA, STANDARD CHARTED BANK, THE BANK OF NEW YORK MELLON, AND WELLS FARGO BANK IN THE UNITED STATES AND NOT TO EXCEED THE VALUE OF THE CURRENT BALANCE OF ACCOUNTS HELD BY OR FOR THE BENEFIT OF MAHAMOUD ADAM BECHIR AT NEDBANK, LTD. IN SOUTH AFRICA, INCLUDING, BUT NOT LIMITED TO, ACCOUNT NUMBER XXXXXX2794, AND ALL ASSETS AT NEDBANK, LTD. TRACEABLE THERETO, Civil Case No (RJL) JURY TRIAL REQUESTED Defendant In Rem. FIRST AMENDED ANSWER TO VERIFIED COMPLAINT IN REM Claimant Ambassador Mahamoud Adam Bechir (the Claimant ), through undersigned counsel, hereby respectfully answers the government s Verified Complaint for Forfeiture in Rem (the Complaint ) as follows. All allegations and headings in the Complaint that are not expressly admitted in this Answer are denied. Paragraph numbers refer to the corresponding numbered paragraphs of the Complaint. I. INTRODUCTION 1. Claimant admits that this is a civil action in rem to forfeit $1,474,517 in U.S. currency. Claimant further admits that the government alleges that the U.S. currency is traceable to criminal money laundering of bribe payments made by a Canadian energy company in this District to Chad s ambassador and his wife in order to influence the award of lucrative rights for

2 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 2 of 9 oil development in Chad. Claimant additionally admits that the Defendant property consists of funds on deposit at the U.S. interbank accounts of Nedbank, Ltd. The remainder of Paragraph 1 states legal conclusions to which no response is required. To the extent a response is required, Claimant denies the allegations. 2. With respect to the first sentence of Paragraph 2, Claimant admits that he was Chad s ambassador to the United States and Canada from approximately 2004 to Claimant denies the following four sentences. With respect to the penultimate sentence of Paragraph 2, Claimant is without sufficient knowledge to form a belief as to the truth or accuracy of the allegation relating to the number of Nedbank, Ltd. interbank accounts located in the United States. The final sentence of Paragraph 2 states legal conclusions to which no response is required. To the II. DEFENDANT IN REM 3. Admitted. III. JURISDICTION AND VENUE 4. Paragraph 4 states a legal conclusion to which no response is required. To the extent a response is required, Claimant admits the allegation. 5. Paragraph 5 states a legal conclusion to which no response is required. To the extent a response is required, Claimant admits the allegation. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent a response is required, Claimant admits the allegation. IV. FACTUAL ALLEGATIONS 7. Admitted. 8. Admitted. 9. Claimant admits that, in or about 2009, Griffiths and Tyab paid a personal visit to Claimant s residence in the D.C. metropolitan area. Claimant denies the remaining allegations in Paragraph 9. A. Foreign Bribery Offense 2

3 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 3 of 9 1. First and Second Agreements 10. Denied. 11. Claimant admits the allegation in the first sentence of Paragraph 11. Claimant further admits that Claimant opened an account for the Embassy under Ambassade du Tchad, LLC to receive incoming funds of the Embassy and visa fees, pay Embassy bills and other Embassy-related expenses under the authority of the Claimant. Claimant denies the remaining allegations in Paragraph Admitted. 13. Admitted upon information and belief. 14. Admitted upon information and belief. 15. Admitted upon information and belief. 16. Claimant denies the allegations in the first sentence of Paragraph 16. Claimant is without sufficient knowledge to form a belief as to the truth or accuracy of the remaining allegations in Paragraph Third Agreement and Bribe Payment 17. Denied. 18. Denied. 19. Claimant is without sufficient knowledge to form a belief as to the truth or accuracy of the allegations contained in Paragraph Claimant admits on information and belief that $2 million was paid to Ms. Niam s company COCL by Griffiths Energy. Claimant is without sufficient knowledge to form a belief as to the truth or accuracy of the remaining allegations in Paragraph Denied. 22. Admitted upon information and belief. B. Laundering of Bribery Proceeds Through U.S. Accounts and Real Estate 23. Denied. 3

4 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 4 of 9 1. Receipt of $2 Million at BB&T Bank and Transfers to Mainstreet Bank 24. Admitted. 25. Claimant admits that Griffith s Energy transferred $2 million into Chad Oil Account No Claimant further admits that, on or about February 17, 2011, Niam transferred $250,000 from Chad Oil Account No to account no. XXXXXX9962 held in the name of Nourmac LLC at Mainstreet Bank ( Nourmac Account No ). Claimant further admits that BB&T closed Chad Oil Account No Claimant further admits that BB&T issued a certified check to Niam in the amount of $1,502,045. Claimant further admits that Niam deposited the check in the amount of $1,502,045 into account no. XXXXXX1592 held in the name of Chad Oil Consultants, LLC at Mainstreet Bank ( Chad Oil Account No ) on or about February 23, Claimant denies the remaining allegations in Paragraph Claimant admits that Nourmac LLC and Chad Oil Consultants, LLC are companies owned by Niam and registered in Maryland. Claimant denies the remainder of Paragraph Denied. 2. Commingling of Funds in Mainstreet Bank Accounts 28. Claimant admits that account no. XXXXXX5311 ( Bechir Account No ) and account no. XXXXXX5303 ( Bechir Account No ) are held by Claimant. Claimant denies the remaining allegations in Paragraph Admitted. 30. Denied. 31. Denied. 32. Admitted. 33. Denied. a. Transfers between Nourmac and Chad Oil accounts b. Transfers between Chad Oil account and Bechir s accounts 4

5 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 5 of Admitted. 35. Denied. c. Transfers between Nourmac account and Bechir s accounts 3. Purchase, Improvement, and Sale of Sherwood Forest Properties 36. Denied. 37. Admitted. 38. Admitted. 39. Admitted. 40. Denied. 41. Claimant admits that on or about January 21, 2013, Nourmac LLC transferred the Official Residence and vacant adjacent lot located on Sherwood Forest Drive to the Republic of Chad for consideration of No Dollars 00/100 ($.00). Claimant further admits that on or about January 15, 2013, the amount of US $1,926,620 was wire transferred by the Republic of Chad to the account of Nourmac LLC at MainStreet Bank for the purpose of reimbursing Nourmac LLC for purchase, renovation, and improvement costs associated with the residence. Claimant denies the remaining allegations in Paragraph Denied. 43. Admitted. 4. Griffiths Energy s Conviction and Funds Transfers to Bechir s South African Account 44. Admitted upon information and belief. 45. Claimant admits that by January 22, 2013, he had left his post as Chad s ambassador to the United States and Canada. Claimant further admits that he was subsequently appointed Chad s ambassador to South Africa, a post he current holds. 46. Denied. V. BASIS FOR FORFEITURE A. Section 981(k) and Nedbank s Interbank Accounts in the United States 5

6 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 6 of Paragraphs state legal conclusions to which no response is required. To the B. Predicate Offenses for Money Laundering Paragraphs state legal conclusions to which no response is required. To the FIRST CLAIM (18 U.S.C. 981(a)(1)(A) for violations of 18 U.S.C. 1957) 55. Claimant repeats and incorporates by reference his responses to Paragraphs 1-54 as his response to Paragraph 55 of the Complaint Paragraphs state legal conclusions to which no response is required. To the SECOND CLAIM (18 U.S.C. 981(a)(1)(A) for violations of 18 U.S.C. 1956(a)(1)(B)(i)) 60. Claimant repeats and incorporates by reference his responses to Paragraphs 1-54 as his response to Paragraph 60 of the Complaint Paragraphs state legal conclusions to which no response is required. To the THIRD CLAIM (18 U.S.C. 981(a)(1)(A) for violations of 18 U.S.C. 1956(a)(2)(B)(i)) 65. Claimant repeats and incorporates by reference his responses to Paragraphs 1-54 as his response to Paragraph 65 of the Complaint Paragraphs state legal conclusions to which no response is required. To the FOURTH CLAIM (18 U.S.C. 981(a)(1)(A) for violations of 18 U.S.C. 1956(h)) 70. Claimant repeats and incorporates by reference his responses to Paragraphs 1-54 as his response to Paragraph 70 of the Complaint. 6

7 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 7 of Paragraphs state legal conclusions to which no response is required. To the PLAINTIFF S PRAYER FOR RELIEF The government s prayer for relief requires no response. To the extent a response is required, Claimant denies that the government is entitled to any of the relief requested in Paragraphs 1-73 and the Prayer for Relief. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE Claimant acted in good faith at all times relevant to the Complaint. THIRD AFFIRMATIVE DEFENSE This action is barred in whole or in part by applicable statutes of limitations. FOURTH AFFIRMATIVE DEFENSE Claimant s property is not subject to forfeiture because Claimant is an innocent owner as defined by 18 U.S.C. 983(d). FIFTH AFFIRMATIVE DEFENSE Claimant s property is immune from forfeiture under the Vienna Convention on Diplomatic Relations, 22 U.S.C. 254(d), and other applicable laws conferring diplomatic privileges and immunities. 7

8 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 8 of 9 SIXTH AFFIRMATIVE DEFENSE Forfeiture of Claimant s property, if ordered, is subject to remission and/or mitigation. RESERVATION OF RIGHTS Claimant reserves the right to assert additional affirmative defenses or amend these affirmative defenses as discovery warrants. JURY DEMAND so triable. Please take notice that Claimant hereby demands a trial by jury of all issues and defenses REQUEST FOR RELIEF WHEREFORE, Claimant requests that this Court: 1. Dismiss the Complaint, with prejudice, and enter judgment on Claimant s behalf; 2. Deny issuance of a certificate of probable cause pursuant to 28 U.S.C. 2465; 3. Award Claimant costs and attorney fees; and 4. Provide such other relief as the Court deems just and proper. Dated: May 20, 2015 Respectfully submitted, By: /s/ Connor Mullin Mark J. MacDougall (DC Bar No ) Connor Mullin (DC Bar No ) AKIN GUMP STRAUSS HAUER & FELD LLP 1333 New Hampshire Avenue, NW Washington, DC (202) (202) (fax) Counsel for Claimant Ambassador Bechir 8

9 Case 1:14-cv RJL Document 19 Filed 05/20/15 Page 9 of 9 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 20th day of May 2015, the foregoing document was filed electronically with the Clerk of Court for the U.S. District Court for the District of Columbia and served by operation of the Court s electronic filing system upon the following: NALINA SOMBUNTHAM Trial Attorney Asset Forfeiture and Money Laundering Section Criminal Division, U.S. Department of Justice 1400 New York Avenue, N.W., Suite Washington, D.C United States of America /s/ Connor Mullin Connor Mullin DC Bar No