Asset Recovery Agency (ARA) has demonstrated how funds linked to a private jet hiring firm were wired into the country raising alarm of money laundering claims.
Through agency investigator Alfred Musalia, the agency said in documents filed in court the funds were wired by a man from the USA.
“Unless this court grants the orders sought, the respondents and the interested party shall illegitimately enjoy the economic advantage derived from the commission of crimes and acquisition of proceeds of crime or profits and benefits of crime,” investigator told the court.
According to the investigator, the statement of Fletcher demonstrates the manner in which the company fraudulently obtained the funds in issue from him without delivering goods or rendering any service to him.
Musalia said investigations have established that the funds are proceeds of crime which should be forfeited to the state.
Contrary to the assertions by Cullinan Private Jets Corp Limited and Glo Jets International Limited, the officer said ARA has established that the funds in issue were fraudulently obtained from Rondell Maurice Fletcher, a citizen of the USA.
“I established that the said Rondell Maurice Fletcher deposited a total of USD 400,000 into his Mazuma Holdings Account number 6897943574 held at Wells Fargo USA,” Musalia said in an affidavit.
The investigator said a total of USD 412,746. 55 was then transferred from Mazuma Holdings Account number 6897943574 held at Wells Fargo USA to Cullinan Private JET USA Account number 9984784992 held at Wells Fargo USA.
He also established that a total of USD 333, 718.35 which is part of funds in issue was sent from Cullinan Private JET USA Account number 9984784992 held at Wells Fargo USA to Cullinan Private Jets Corp Limited Account number 01904057361250 held at I&M Bank.
“The funds were subsequently utilized by the Respondent for various purposes which are not the intended purpose safe for the amount preserved,” he added.
The agency was responding to the company documents filed in court in which ARA applied for the account to be freezed pending forfeiture proceedings.
The court has already freezed the the two exclusive jet companies accounts.
Application dismissed
Cullinan Private Jet Corp, an alleged subsidiary of a company registered in Miami and Glo-Jet International limited, a subsidiary of a company registered in the state of Florida, wanted the order freezing its bank accounts in Kenya lifted.
High Court Judge Esther Maina dismissed the application by the owners of the two firms linked to US based companies for lack of merit.
In her 31 page ruling , Judge Maina observed that the two companies annexed copies of cheques drawn to third parties which they claimed were dishonoured as a result of the freeze and demand letters from third parties threatening to sue for not meeting their financial obligations.
Cullinan Private Jet Corp
Justice Maina added that the companies have also not demonstrated that their suppliers and employees were being paid from the four accounts that are affected by the preservation order.
Moreover, the two private jet companies claim to be subsidiaries of global multi-billion dollar companies with operations in 47 countries in different parts of the world and which have financial muscle to support the Kenyan entities, added the judge.
The two companies sotught to lift the order obtained by Asset Recovery Agency freezing its accounts pending forfeiture proceedings.
The bank accounts included four dollar and Kenya shilling accounts belonging to Cullinan Private jets Corp limited and Glo-jet International ltd.
The judge prohibited the operators or their agents or representatives from transacting, withdrawing, transferring, using and any other dealing with the money in the bank accounts.
The Bank accounts includes USD 54, 257.85 , Sh 696,070.70 held in Account Number 01904057366250registered in the name of Cullinan Private Jets Corp Limited held at I & M Bank and USD 24,712.61 held in Account Number 6658001882 in the name of Glo Jet International Limited and Sh.1,134,691.33 held in Account number 6658001881 in the of Glo Jet International Limited held at Ecobank Limited.
ARA told the court on 25th August 2023 the Agency received information that the above accounts are holding funds suspected to be proceeds of criminal activities and money laundering.
Subsequently the Agency opened an Inquiry file to investigate the legitimacy, source and destination of the funds for the purpose of ascertaining whether the same was acquired from or is a profits or benefits of proceeds of crime or intended for the commission of crime.
According to ARA court documents, financial investigations conducted by the Agency revealed complex fraud and money laundering schemes conducted by the Cullinan Private Jets Corp Ltd and Glo-jet International ltd their directors and associates rendering the above funds proceeds of crime liable for preservation and forfeiture.
The said bank accounts received suspicious huge cash deposits from various suspicious sources and investigations established that there are reasonable grounds to believe that the funds in issue are obtained through illegitimate means.
“The investigations have revealed that the cash deposits were unlawfully acquired hence proceeds of crime pursuant to the Provisions of Proceeds of Crime and Anti-Money Laundering Act and investigations further established that the funds were obtained from various suspicious sources and spent/dispersed through suspicious activities and transactions in a classical money laundering schemes,” Agency told the court.
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