crankthatskunk
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Many Pakistanis , especially the political leadership of PPP tries to falsely portray that Benazir was a clean and honest politician. As a matter of fact both Benazir and Zardari were convicted in two separate cases in Switzerland.
It is only due to PPP's delaying tactics, that the cases were declared "time barred" in Pakistan.
This is absurd, because no where else in the world "criminal cases" becomes "time barred".
Justice Faiz Isa has adopted the same approach in "Huddabiya Mills" case and got the Sharifs off the hook.
These cases are travesty of Justice. These justices in Pakistan should be prosecuted to support and shield corrupt thugs in politics.
Some excerpt from an article, links given to the full April 2004 article.
The conviction of former Pakistani Prime Minister Benazir Bhutto and her husband Asif Ali Zardari by Swiss courts in cases related to money laundering and receipt of kickbacks is based on incontrovertible evidence and bears testimony to the integrity of Switzerland's judiciary, government and police force.
INDICTMENT of former Pakistan Prime Minister Benazir Bhutto and her husband Asif Ali Zardari by two separate courts in Geneva in two unrelated cases, testifies to the integrity and efficiency of the Swiss judiciary; the efficacy of the famous Swiss law, the Federal Act on International Assistance in Criminal Matters (IMAC); the diligence of the Swiss police; and the probity of the Swiss government. Also indicted with them was Jens Schlegelmich, a Geneva attorney who acted as a frontman, a device practised with impunity until legal reform and official exertions squashed it ("The Mystique of Swiss banks", Frontline, November 21, 2003).
Benazir Bhutto's denials are astounding in their sweep. It is fair to mention that she has yet to exhaust the appellate remedies. But for three good reasons that does not affect the weight of the indictments. First, both Benazir Bhutto and Zardari "refused to respond to the questions which were posed" to them by letters rogatory. Secondly, there was thorough investigation in Switzerland by the Swiss police in which Schlegelmich was interrogated and had to answer questions. Thirdly, the evidence thus unearthed suffices to damn the couple in the eyes of the public quite regardless of the fate of the appeals.
BENAZIR BHUTTO, Zardari and Schlegelmich were indicted by Investigating Magistrates in two cases; one concerned money laundering, the other concerned receipt of kickbacks. Common to both is the involvement of Schlegelmich and offshore companies in Virgin Islands.
The money laundering case was decided by Investigating Magistrate Daniel Devaud on July 30, 2003, in two identically worded judgments, bar minor changes concerning each of the couple. So meticulous are the judgments that even their dates of birth are mentioned. Benazir Bhutto was born on June 21, 1953. Zardari was born two years later July 27, 1955.
At the beginning of 1990, when Benazir Bhutto was Prime Minister, Cotecna Inspection SA (Cotecna) concluded a contract of customs surveillance and inspection with Pakistan. It paid 6 per cent of the amount paid by Pakistan to account No.622.902 at Barclays Bank (Suisse) SA in Geneva of the company Mariston Securities Inc. (Mariston), a company incorporated in the British Virgin Islands whose beneficial owner was Nusrat Bhutto. Schlegelmich held the shares of Mariston in his name but on her behalf under a mandate agreement. In the execution of the contract, more than $1,200,000 was paid to Mariston by Cotecna. The contract was terminated by the Pakistani authorities at the end of 1991. Benazir Bhutto had been sacked as Prime Minister by the President on August 6, 1990. Nawaz Sharif won power in the general elections that followed.
The Magistrate added: "SGS had perfectly identified the influential persons surrounding Ms. Bhutto... thus, in a memo of visit to Pakistan, one of the SGS managers of the Asia Zone, Mr. Bjorn Axel Sergelblom, indicated the following: `In his view, Asif Zardari, BB's husband, is deputy PM unofficially with a lot of power. This was demonstrated last week with the ousting of BB's mother from the chairmanship of PPP. The influence of Asif Zardari is real and he has in the past always helped and favoured his friends and cronies, one of which is the Cotecna agent. With the same friends back in power, Cotecna needs to be watched with caution, in particular due to the lack of ethics of the parties concerned'."
Considering that Benazir Bhutto had become Prime Minister only in November 1993, the SGS' speed of operations deserves admiration. In 1993 another offshore company replaced the Mariston company of 1990. Bomer Finance Inc. is an "offshore" company having its seat in the British Virgin Islands. Jens Schlegelmich was its representative. Its "beneficial owner is Asif Ali Zardari", the judgment noted, adding that "he went to Pakistan from 18 to 27 March 1994 at the invitation of Prime Minister Benazir Bhutto... in reality, Ms. Benazir Bhutto shares with her husband the assets of Bomer Finance Inc. over which she has the power of disposition."
One of the letters was addressed to Mariston of old. It would receive 6 per cent of the amount billed and paid by the Government of Pakistan under the inspection contract. The second letter was addressed to Nassam Overseas Inc., an incorporated company whose beneficial owner was Nasir Hussain, at the time husband of a sister of Benazir Bhutto. It provided for a commission of 3 per cent of the amount billed and paid by the Government of Pakistan under the inspection contract. The third letter was addressed to Schlegelmich. It provided for a commission of 1.25 per cent of the amount billed and paid by the Government of Pakistan under the inspection contract.
Also, on June 29, 1994, Cotecna sent a fourth letter addressed to Nassam Overseas Inc. In contrast to the three preceding letters of the same day, sent to Schlegelmich for himself and for Mariston and Nassam, this letter was modified as follows: "In the event that, within six months from today, contracts for the inspection and the price verification of goods into Pakistan are signed between the Government of Pakistan and Cotecna Inspection S.A. and Societe Generale De Surveillance S.A., we Cotecna Inspection S.A. on behalf of Societe Generale De Surveillance S.A. will pay you 3 per cent on the total amount invoiced and paid to Societe Generale De Surveillance S.A. by the Government of Pakistan for such a contract during the whole duration and its renewals."
Negotiations on the contractual modalities were undertaken between SGS and Cotecna, which had just been purchased by SGS, on the one hand, and the Pakistani authorities, on the other hand, during the summer of 1994. The judgment says: "Upon the decision of Benazir Bhutto, who was not only Prime Minister but also Minister of Finance of the Islamic Republic of Pakistan, the inspection contract was awarded to SGS and Cotecna, despite the opposition of the customs services of the country, on 29 September 1994."
The judgment recites in detail how Schlegelmich "had personally overseen the payment by SGS and Cotecna of Commissions due to Bomer, Nassam and to himself". There were nine phone calls and a letter to SGS enclosing bills, for Bomer. The payments demanded corresponded to commissions of 6 per cent due to Benazir Bhutto and Zardari and 1 per cent for himself. There were likewise nine bills to Cotecna on behalf of Bomer and 14 for the 3 per cent commission for Nassam under the contract of September 29, 1994 and nine bills for his commission. For each of them, precise dates and payments demanded are given.
The judgment summed up: "Thus, from the commencement of the contract, the commissions provided by the agreements of 11 March and 29 June 1994 were regularly paid on the following accounts between May 1995 and September 1997 for a total of: Bomer Finances Inc. USD 8,190,085 (eight million one hundred ninety thousand eighty-five dollars); Nassam Overseas Inc. USD 3,807,338 (three million eight hundred seven thousand three hundred thirty-eight dollars); Mr. Jens Schlegelmich USD 1,538,014 (one million five hundred thirty-eight thousand and fourteen dollars).
"In effect at the time of the first payment of commissions by SGS, on 24 May 1995, Mariston Securities Inc., which was initially going to be used to receive 6 per cent of the billed amounts, was replaced by the company Bomer Finance Inc., a company incorporated in the Virgin Islands whose beneficial owners are Mr. Asif Ali Zardari and Benazir Bhutto... By a decision of the shareholders of Bomer on 25 June 1991, Mr. Jens Schlegelmich is the Sole Director/Chariman... Schlegelmich had received from Mr. Asif Ali Zardari, a management mandate for the company BOMER."
frontline.thehindu.com
Gilani lost his Premiership but refused to write to the Swiss authorities.
If this opens up again, we will hear the cries of PPP like we are hearing from PMLN.
Lets there be no doubts that Benazir was as corrupt as Sharifs. She was convicted by two Swiss courts.
The family including her sister through her husband Hussain benefited from these commissions.
It is only due to PPP's delaying tactics, that the cases were declared "time barred" in Pakistan.
This is absurd, because no where else in the world "criminal cases" becomes "time barred".
Justice Faiz Isa has adopted the same approach in "Huddabiya Mills" case and got the Sharifs off the hook.
These cases are travesty of Justice. These justices in Pakistan should be prosecuted to support and shield corrupt thugs in politics.
Some excerpt from an article, links given to the full April 2004 article.
The conviction of former Pakistani Prime Minister Benazir Bhutto and her husband Asif Ali Zardari by Swiss courts in cases related to money laundering and receipt of kickbacks is based on incontrovertible evidence and bears testimony to the integrity of Switzerland's judiciary, government and police force.
INDICTMENT of former Pakistan Prime Minister Benazir Bhutto and her husband Asif Ali Zardari by two separate courts in Geneva in two unrelated cases, testifies to the integrity and efficiency of the Swiss judiciary; the efficacy of the famous Swiss law, the Federal Act on International Assistance in Criminal Matters (IMAC); the diligence of the Swiss police; and the probity of the Swiss government. Also indicted with them was Jens Schlegelmich, a Geneva attorney who acted as a frontman, a device practised with impunity until legal reform and official exertions squashed it ("The Mystique of Swiss banks", Frontline, November 21, 2003).
Benazir Bhutto's denials are astounding in their sweep. It is fair to mention that she has yet to exhaust the appellate remedies. But for three good reasons that does not affect the weight of the indictments. First, both Benazir Bhutto and Zardari "refused to respond to the questions which were posed" to them by letters rogatory. Secondly, there was thorough investigation in Switzerland by the Swiss police in which Schlegelmich was interrogated and had to answer questions. Thirdly, the evidence thus unearthed suffices to damn the couple in the eyes of the public quite regardless of the fate of the appeals.
BENAZIR BHUTTO, Zardari and Schlegelmich were indicted by Investigating Magistrates in two cases; one concerned money laundering, the other concerned receipt of kickbacks. Common to both is the involvement of Schlegelmich and offshore companies in Virgin Islands.
The money laundering case was decided by Investigating Magistrate Daniel Devaud on July 30, 2003, in two identically worded judgments, bar minor changes concerning each of the couple. So meticulous are the judgments that even their dates of birth are mentioned. Benazir Bhutto was born on June 21, 1953. Zardari was born two years later July 27, 1955.
At the beginning of 1990, when Benazir Bhutto was Prime Minister, Cotecna Inspection SA (Cotecna) concluded a contract of customs surveillance and inspection with Pakistan. It paid 6 per cent of the amount paid by Pakistan to account No.622.902 at Barclays Bank (Suisse) SA in Geneva of the company Mariston Securities Inc. (Mariston), a company incorporated in the British Virgin Islands whose beneficial owner was Nusrat Bhutto. Schlegelmich held the shares of Mariston in his name but on her behalf under a mandate agreement. In the execution of the contract, more than $1,200,000 was paid to Mariston by Cotecna. The contract was terminated by the Pakistani authorities at the end of 1991. Benazir Bhutto had been sacked as Prime Minister by the President on August 6, 1990. Nawaz Sharif won power in the general elections that followed.
The Magistrate added: "SGS had perfectly identified the influential persons surrounding Ms. Bhutto... thus, in a memo of visit to Pakistan, one of the SGS managers of the Asia Zone, Mr. Bjorn Axel Sergelblom, indicated the following: `In his view, Asif Zardari, BB's husband, is deputy PM unofficially with a lot of power. This was demonstrated last week with the ousting of BB's mother from the chairmanship of PPP. The influence of Asif Zardari is real and he has in the past always helped and favoured his friends and cronies, one of which is the Cotecna agent. With the same friends back in power, Cotecna needs to be watched with caution, in particular due to the lack of ethics of the parties concerned'."
Considering that Benazir Bhutto had become Prime Minister only in November 1993, the SGS' speed of operations deserves admiration. In 1993 another offshore company replaced the Mariston company of 1990. Bomer Finance Inc. is an "offshore" company having its seat in the British Virgin Islands. Jens Schlegelmich was its representative. Its "beneficial owner is Asif Ali Zardari", the judgment noted, adding that "he went to Pakistan from 18 to 27 March 1994 at the invitation of Prime Minister Benazir Bhutto... in reality, Ms. Benazir Bhutto shares with her husband the assets of Bomer Finance Inc. over which she has the power of disposition."
One of the letters was addressed to Mariston of old. It would receive 6 per cent of the amount billed and paid by the Government of Pakistan under the inspection contract. The second letter was addressed to Nassam Overseas Inc., an incorporated company whose beneficial owner was Nasir Hussain, at the time husband of a sister of Benazir Bhutto. It provided for a commission of 3 per cent of the amount billed and paid by the Government of Pakistan under the inspection contract. The third letter was addressed to Schlegelmich. It provided for a commission of 1.25 per cent of the amount billed and paid by the Government of Pakistan under the inspection contract.
Also, on June 29, 1994, Cotecna sent a fourth letter addressed to Nassam Overseas Inc. In contrast to the three preceding letters of the same day, sent to Schlegelmich for himself and for Mariston and Nassam, this letter was modified as follows: "In the event that, within six months from today, contracts for the inspection and the price verification of goods into Pakistan are signed between the Government of Pakistan and Cotecna Inspection S.A. and Societe Generale De Surveillance S.A., we Cotecna Inspection S.A. on behalf of Societe Generale De Surveillance S.A. will pay you 3 per cent on the total amount invoiced and paid to Societe Generale De Surveillance S.A. by the Government of Pakistan for such a contract during the whole duration and its renewals."
Negotiations on the contractual modalities were undertaken between SGS and Cotecna, which had just been purchased by SGS, on the one hand, and the Pakistani authorities, on the other hand, during the summer of 1994. The judgment says: "Upon the decision of Benazir Bhutto, who was not only Prime Minister but also Minister of Finance of the Islamic Republic of Pakistan, the inspection contract was awarded to SGS and Cotecna, despite the opposition of the customs services of the country, on 29 September 1994."
The judgment recites in detail how Schlegelmich "had personally overseen the payment by SGS and Cotecna of Commissions due to Bomer, Nassam and to himself". There were nine phone calls and a letter to SGS enclosing bills, for Bomer. The payments demanded corresponded to commissions of 6 per cent due to Benazir Bhutto and Zardari and 1 per cent for himself. There were likewise nine bills to Cotecna on behalf of Bomer and 14 for the 3 per cent commission for Nassam under the contract of September 29, 1994 and nine bills for his commission. For each of them, precise dates and payments demanded are given.
The judgment summed up: "Thus, from the commencement of the contract, the commissions provided by the agreements of 11 March and 29 June 1994 were regularly paid on the following accounts between May 1995 and September 1997 for a total of: Bomer Finances Inc. USD 8,190,085 (eight million one hundred ninety thousand eighty-five dollars); Nassam Overseas Inc. USD 3,807,338 (three million eight hundred seven thousand three hundred thirty-eight dollars); Mr. Jens Schlegelmich USD 1,538,014 (one million five hundred thirty-eight thousand and fourteen dollars).
"In effect at the time of the first payment of commissions by SGS, on 24 May 1995, Mariston Securities Inc., which was initially going to be used to receive 6 per cent of the billed amounts, was replaced by the company Bomer Finance Inc., a company incorporated in the Virgin Islands whose beneficial owners are Mr. Asif Ali Zardari and Benazir Bhutto... By a decision of the shareholders of Bomer on 25 June 1991, Mr. Jens Schlegelmich is the Sole Director/Chariman... Schlegelmich had received from Mr. Asif Ali Zardari, a management mandate for the company BOMER."
Benazir in Swiss courts
The conviction of former Pakistani Prime Minister Benazir Bhutto and her husband Asif Ali Zardari by Swiss courts in cases related to money laundering and receipt of kickbacks is based on incontrovert
Gilani lost his Premiership but refused to write to the Swiss authorities.
If this opens up again, we will hear the cries of PPP like we are hearing from PMLN.
Lets there be no doubts that Benazir was as corrupt as Sharifs. She was convicted by two Swiss courts.
The family including her sister through her husband Hussain benefited from these commissions.
