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giovedì 20 aprile 2017

The money machine: how a high-profile corruption investigation fell apart

11:26 0
After a revolution overthrew Ukraine’s disgraced president, Theresa May promised to help the country’s new leaders recover stolen assets. But the UK’s first case collapsed within a year

On 11 March 2014, a London branch of the French bank BNP Paribas received a request from a Ukrainian lawyer. He asked the bank to close accounts belonging to his client and transfer their balances to Cyprus.
The accounts contained a mere $23m, and the transaction should have been routine. But although the amount was unremarkable by the standards of the City, the times were not. Ukraine had just overthrown its president, Viktor Yanukovich, and the world was on the lookout for money that Yanukovich and his associates had stashed abroad.
Yanukovich was a man whose corruption had to be seen to be believed. The colossal greed of the president and his cronies beggared the Ukrainian state and infuriated ordinary citizens. Tens of thousands of people protested in central Kiev throughout the winter of 2013-14, until Yanukovich fled Ukraine that February. After the revolution, protesters who broke into his private residence found vintage cars, ostriches, a drinking den shaped like a galleon. There were stacks of treasures in the garage; he had had no space left for them in his $30m, six-storey, log-built palace.
The country’s new government accused its predecessors of stealing $100bn, and the west – perhaps embarrassed that so much of this money had ended up in its banks – promised to do what it could to help return it to Ukraine.
At the end of April 2014, London hosted a summit that would – in the words of then-home secretary Theresa May – “provide practical leadership and assistance to the Ukrainian government as they identify and recover assets looted under the Yanukovich regime ... It is the tangible manifestation of our shared determination to end the culture of impunity, and prevent our open societies and open economies from being abused by corrupt individuals to launder and hide stolen funds.”
Dozens of countries sent representatives to the summit, from the United States and the United Kingdom down to the tiniest tax havens: Bermuda, Monaco, the Isle of Man. On the summit’s final afternoon, Britain’s then-attorney general, Dominic Grieve QC, made a dramatic announcement: the UK had already joined the fight. A transfer had been flagged as suspicious, and British authorities had frozen the account and initiated a money-laundering investigation.
“This week the UK’s Serious Fraud Office (SFO) announced that it is investigating allegations of corruption linked to the Yanukovich regime and has obtained a court order to restrain assets valued at approximately $23m,” Grieve told the assembled delegates. “There will be no effective deterrent for corruption whilst levels of detection of illicit financial flows and recovery of misappropriated assets remain small.”
If the frozen $23m was indeed linked to corruption in Ukraine, it would still be only a fraction of what Yanukovich and his associates had been accused of embezzling. But the case was intended to send a message – about the west’s determination to make sure Ukraine could regain what had been stolen, and that its looters be punished. This pleasingly specific number, $23m, dominated headlines from the summit, where it was held up as concrete proof that the rulers of the west were finally helping the rest of the world fight corruption.
“The message is clear,” May said. “We are making it harder than ever for corrupt regimes or individuals around the world to move, hide and profit from the proceeds of their crime.”
For decades, hundreds of billions of dollars have vanished from the world’s poorest countries, finding their way – via the tax and secrecy havens of Europe, south-east Asia and the Caribbean – into the banking system, real estate and luxury goods markets of the west. According to the World Bank, between $20bn and $40bn is stolen each year by public officials from developing countries. Rich countries returned only $147.2m worth of these assets between 2010 and 2012 – far less than one cent out of every misappropriated dollar. And that may even understate the scale of the problem. Some lawyers involved in asset-recovery cases estimate the volume of money embezzled globally at around $1tn a year, which makes the tiny amount of money recovered look even feebler.
As both a financial centre that launders an estimated £100bn a year and a prime real estate market for the investors of crooked cash, London has a special responsibility in the fight against corruption – one that it has rarely accepted. The 2014 summit – much like David Cameron’s highly publicised global Anti-Corruption Summit in 2016 – was intended to show Britain’s determination to live up to its responsibilities.
Instead, the case of the $23m collapsed within a year – when a British judge ruled that the SFO had built its case on “conjecture and suspicion”, and ordered the money returned to its owner. This is the story of how a very high-profile corruption investigation fell apart – and what it means for Ukraine and the UK.

Yanukovich was not the first Ukrainian politician to engage in corruption, but he was certainly the best at it. In fact, the word corruption is a misleading one for Ukraine, since it implies a dishonest cancer afflicting an otherwise healthy organism, whereas in this case it was the other way round. Corruption was the system, and it metastasised into any parts of the state apparatus that remained healthy.
In the three years after Yanukovich took office in 2010, Ukraine slipped from an already disastrous 134th on Transparency International’s corruption perceptions index down to 144th – putting it level with countries such as the Central African Republic and Nigeria, which are synonymous with shadiness and mismanagement. But the financial damage that Yanukovich and his predecessors did to Ukraine is hard to measure in simple numbers. At the time of its independence in 1991, Ukraine’s economy was almost as large as Poland’s; now, it is a third of the size.
Yanukovich and his allies controlled the country’s legal system, within which prosecutors have broad discretionary powers to initiate or block investigations – providing unlimited opportunities for extortion. They could deny export licenses, delay tax rebates, inflate medicine prices – and demand bribes in return. To outside observers, it seemed that the only opposition came from investigative journalists and activists who revealed the backroom deals that had carved up Ukraine’s economy.
To frustrate any potential investigations, Ukraine’s rulers became masters of the offshore world’s network of tax havens. Once money was stolen, it was invested in European and American assets hidden at the end of intricate chains of shell companies, registered through tax havens in the Indian Ocean, Europe and the Caribbean. It is Cyprus, rather than Russia, Germany or America, that dominates the Ukrainian economy: an astonishing 92% of Ukraine’s outward investment flowed into the Mediterranean tax haven in 2014.
Former president Viktor Yanukovych and his allies are accused of stealing vast wealth from the Ukrainian people.
 Former president Viktor Yanukovych and his allies are accused of stealing vast wealth from the Ukrainian people. Photograph: Stanislav Krasilnikov/TASS
The secrecy of these offshore centres allowed the oligarchs around Yanukovich to keep the precise details of their deals hidden from the public – but ordinary Ukrainians knew enough to be angry. If Ukraine’s 2014 revolution was about any one thing, it was about this corruption. Yanukovich and his allies had stolen as much as they could; more than they could ever need. And even the most apolitical citizens could see that infrastructure was rotting, medicines were scarce, schools were falling apart. The armed forces were so demoralised by the degeneration of the homeland they were supposed to defend that when Vladimir Putin invaded Crimea, a Ukrainian admiral defected as soon as Russia asked him to.
The UK government trumpeted the freezing of the $23m for two reasons. First, it was meant to be the initial installment of many billions that would eventually help to rebuild Ukraine. If that sum could be confiscated and returned, perhaps so too could the hundreds of millions stashed in London, Latvia, Luxembourg, Liechtenstein and elsewhere. Second, the successful prosecution of a regime insider would send a message to the world’s kleptocrats: your money isn’t safe in London any more.

The $23m was held in bank accounts at BNP Paribas belonging to two companies, which were in turn controlled by a Ukrainian politician named Mykola Zlochevsky. A large man with a shaved head, Zlochevsky wears boxy suits, dislikes fastening the top button of his shirt, and has been a fixture of Ukraine’s public life for two decades. In 2013, according to the Ukrainian news weekly, Focus, which almost certainly understated his fortune, he was Ukraine’s 86th richest man and worth $146m.
In 2010, after Yanukovich won the election, Zlochevsky became natural resources minister. That position gave him oversight of all energy companies operating in Ukraine, including the country’s largest independent gas company, Burisma. The potential for a conflict of interest should have been clear, because Zlochevsky himself controlled Burisma. But there was no public outcry about this, because almost no one in Ukraine knew about it. Zlochevsky owned his businesses via Cyprus, a favoured haven for assets unobtrusively controlled by high-ranking officials in the Yanukovich administration.
In response to my questions about the freezing of Zlochevsky’s $23m, his London law firm, Peters & Peters, insisted that their client never benefited personally from the decisions that he took while in office. “Mr Zlochevsky has followed the letter and spirit of the law in his role as civil servant and has, at all times, held himself to the highest moral and ethical standards in his business dealings and public functions,” Peters & Peters said in a statement. “Our clients have fallen victim to an entrenched and a cynical programme of smear campaigns and misinformation.”
“Mr Zlochevsky’s wealth is not a result of corruption or criminal conduct,” the law firm told me. “He made his wealth before entering office.”
It is true that Zlochevsky was a wealthy man before 2010. Burisma’s website makes clear that the periods when it has performed best have consistently coincided with the high points in its owner’s political career. During a previous Yanukovich government, in 2003-5, Zlochevsky chaired the State Committee for Natural Resources, and companies under his control won licenses to explore for oil. Then Yanukovich fell from grace, and the new government tried to strip Zlochevsky’s companies of their oil exploration rights – and he had to sue the government in order to keep them. Yanukovich won the presidency in 2010 and Zlochevsky became a minister. The good times returned: Burisma gained nine production licenses and its annual production rose sevenfold. After the revolution, Zlochevsky left the administration.
According to a court judgment from January 2015, the $23m in the account that had been frozen in London was the proceeds of the sale of an oil storage facility, which Zlochevsky had owned via a shell company in the British Virgin Islands, a tax haven that does not reveal who controls the many thousands of companies based there. The $23m arrived in London from Latvia, a minimally regulated Eastern European country, where banks are famously welcoming towards money from the former Soviet Union.
On 14 April 2014, the money was frozen at a special court hearing in London requested by the Serious Fraud Office. As described in the later court judgment, the SFO argued that “there were reasonable grounds to believe that the defendant [Zlochevsky] had engaged in criminal conduct in Ukraine and the funds in the BNP account were believed to be the proceeds of such criminal conduct”.
The SFO investigator Richard Gould claimed in the April 2014 court hearing that Zlochevsky’s dual position in Ukraine as both a politician and a businessman gave “rise to a clear inference of a wilful and dishonest exploitation of a direct conflict of interest by a man holding an important public office such as to amount to an abuse of the public’s trust in him”.
The SFO further argued that “the complicated pattern of offshore holding companies established when he was still a serving minister was effectively to conceal his beneficial ownership of Burisma”, which it deemed inherently suspicious.
By 20 May 2014, Gould had obtained 6,170 electronic documents from BNP Paribas related to Zlochevsky’s money, and assembled a special team to examine them. He also wanted evidence from Ukraine, so he wrote to the head of the international department of the general prosecutors’ office, Vitaly Kasko, in Kiev.
A lean man with a sharp chin and luxuriant head of black hair, Kasko had been invited into the prosecutor’s office after the revolution, and made responsible for negotiations with all the western countries that had promised to help at the London summit. He had previously served as a prosecutor, but quit when Yanukovich came to power in 2010 – this ensured that Kasko was personally untainted by corruption. He was also popular with activists, since he provided legal support for protesters dragged before Yanukovich’s courts during the revolution.
Ukraine was at the time in a state of turmoil. Russia had annexed the peninsula of Crimea, and was aiding pro-Russian rebels in Ukraine’s eastern provinces. Kiev had lost control of Donetsk and Luhansk, two of the country’s most important cities, and protesters’ barricades still dominated the centre of the capital. The country needed a new president and, that May, elected a magnate named Petro Poroshenko. Although he had served as a minister under Yanukovich and was himself a billionaire, Poroshenko pledged to sell his confectionery business, to govern only in the interests of the people, to prosecute the corrupt former insiders and to bring an end to the old way of doing things, including in the prosecutors’ office. For too long, prosecutors had been acting essentially as gangsters in uniform, rather than investigating crimes.
Considering how central prosecutors had been to Yanukovich’s corrupt regime, there were significant doubts over both the honesty, and competence of Ukraine’s lawmen, but Kasko was hopeful that his colleagues would see the importance of regaining the $23m and thus do all they could to help the SFO. He told me that he translated the British request, sent it to his boss, and awaited results.
“The investigation began but, no matter how much we pushed the investigators, it was not effective,” Kasko told me. Even when Zlochevsky’s lawyers announced they would contest the freezing of the $23m in a London court, the Ukrainian prosecutors still failed to send the SFO the evidence it needed to maintain the freezing order. “First the British wrote to me, then the Americans, with questions about what was happening with the investigation,” Kasko remembered.
It was hardly the mutual trust and cooperation supposedly created by the London summit. US and British diplomats were begging Ukraine to investigate a case, which, if it were successful, would benefit Ukraine, and yet nothing appeared to be happening. Eventually, six months after Gould first wrote to him, Kasko stepped decisively outside his area of responsibility, and wrote to his boss in the prosecutor’s office to demand action.
“I said I wanted this to be investigated properly, that the Brits be told about it, and they get what they wanted,” recalled Kasko. “He said, ‘If you want, get on with it.’” It was hardly the most enthusiastic of endorsements, but it was enough for Kasko. He forced investigators to work evenings, and weekends. They put together a dossier of evidence that Kasko felt supported the SFO’s argument “that the defendant’s assets were the product of criminal wrongdoing when he held public office”, sent it to the SFO, and announced officially that Zlochevsky was suspected of a criminal offence in Ukraine.
It was only thanks to Kasko that the SFO had received any useful documents from Ukraine at all. “I asked the Brits, ‘What else do we need to do?’” Kasko remembered. “And they said: ‘That’s fine, that’s more than enough to defend the freezing order in court’.”

Their confidence was misplaced. In January 2015, Mr Justice Nicholas Blake, sitting in the Old Bailey, rejected the SFO’s argument. “The case remains a matter of conjecture and suspicion,” he wrote in his judgment. To confiscate assets, prosecutors have to prove that the frozen money related to a specific crime and, he ruled, the SFO had totally failed to do so.
It was a humiliating reverse for British law enforcement, and for Gould, the lead investigator, who then moved to another agency. (Gould told me in July 2015 that he was “personally disappointed”, but declined to comment further.) The judge unfroze the $23m and handed it back to Zlochevsky.
The British government had made a big announcement of the original decision to seize the funds, but did not publicise this reversal. It is not hard to understand why. It was, after all, an embarrassing setback for the UK, which had held up this particular case as a sign of its commitment to confiscate money belonging to Yanukovich’s allies and return it to the people of Ukraine.
When I contacted the SFO in May 2015, a spokeswoman told me: “We are disappointed we were not provided with the evidence by authorities in the Ukraine necessary to keep this restraint order in place”, but declined to comment further because she said the investigation was ongoing. In January of this year, I contacted Dominic Grieve, who had made the dramatic announcement of the asset freezing. He is still an MP, but no longer in the government. He told me he had no recollection of the case.
Zlochevsky’s lawyers at Peters & Peters told me that the judge had “ruled unequivocally that there was not reasonable grounds to allege that our client had benefited from any criminal conduct”. Burisma’s lawyers have since repeatedly referred to the ruling as evidence of their client’s vindication, which calls into question the decision of the UK government to use this particular case as an example of its determination to recover assets and return them to Ukraine, when it had been unable to prove that there were sufficient grounds to keep the $23m frozen.
When Kasko read the judge’s ruling, he had questions, but of a rather different nature. At the hearing, the tycoon’s lawyers had not just attacked the case against their client, but also produced evidence of his innocence, evidence that came from the unlikeliest of sources. Justice Blake’s 21-page judgment made reference half a dozen times to a letter, dated 2 December 2014, signed by someone in the Ukrainian prosecutor’s office, which stated baldly that Zlochevsky was not suspected of any crime.
Anti-government protests in Kiev, on 25 January 2014
 Anti-government protests in Kiev, on 25 January 2014. Photograph: Arturas Morozovas/AP
Kasko felt this was bizarre. Everyone in a senior position at the prosecutor’s office must have known he was leading a frenzied investigation into Zlochevsky at that precise time, so how could anyone have signed off on a letter saying that no investigation was going on? The letter appeared to be crucial to the judge’s ruling, which stated that Zlochevsky “was never named as a suspect for embezzlement or indeed any other offence, let alone one related to the exercise of improper influence in the grant of exploration and production licenses”.
As Kasko saw it, his colleagues had failed to help him when he begged them to investigate Zlochevsky. But when it came to writing a letter to help the tycoon, he believed they had happily done so.
According to Kasko, there were really only three possible reasons for why a senior Ukrainian prosecutor would have written a letter for Zlochevsky rather than assisting Kasko. He was either incompetent, corrupt or both. Peters & Peters did not respond to specific questions about the letter (“the allegations implied by your questions … are untrue and entirely without foundation”).
Whatever the explanation for this mysterious letter, the case highlighted a crucial flaw in countries’ efforts to cooperate across borders. Even in the rare cases when the UK does freeze a foreign official’s property, it is dependent for evidence from colleagues abroad who usually have fewer resources, less training and a decades-long tradition of institutionalised corruption. That means that any misconduct or incompetence by the Ukrainian prosecutors can undermine a case in the UK as surely as if the same actions were committed by the SFO.

Zlochevsky is not the only former Ukrainian official to have assets frozen abroad. As part of western assistance to the new Ukrainian government, European countries have blocked the assets of Yanukovich and a couple of dozen others. The asset freeze was intended to give Ukrainian prosecutors time to investigate and prosecute, and thus prevent the individuals involved burying assets in their favourite tax havens. The totals involved – around £220m in cash and property – would buy a lot of medicine and build a lot of roads.
The man in Ukraine responsible for gathering the evidence against many of the individuals whose assets have been frozen abroad is Sergei Gorbatyuk, head of the prosecutors’ special investigations department. When we met in April last year, he looked tired and crumpled in a baggy grey suit; it was late in the evening, the only time he had free after a long day. Unusually for a high-ranking official in the prosecutors’ office, he has a reputation for honesty, which is why several anti-corruption activists recommended that I talk to him.
“Our main problem is that these high-ranking officials’ assets are all registered abroad, in Monaco, or Cyprus, or Belize, or the British Virgin Islands, and so on, and we write requests to them, we wait for three or four years, or there’s no response at all. And that’s that, and it all falls apart,” he said. “The asset has been re-registered five times just while we’re waiting for an answer.”
Even when foreign officials did reply to his letters, Gorbatyuk explained, he then had to find a way to understand what they had written. The authorities in Monaco for example had forwarded him 4,000 pages of documentation relating to one oligarch in French, Arabic and English, which he had received eight months previously but was yet to read. The official translators had waited for four months to tell him they were too busy to do the job, then an outside contractor proved incapable of managing it, and, he says, his bosses kept blocking the other suggestions he brought them. “This is the insanity of our whole system, this is everywhere. I get the impression no one wants anything to happen,” he said.
And if previous cases are any guide, progress will continue to be slow. In one of the few examples of a Ukrainian corruption-related charge that has gone to court, ex-Prime Minister Pavlo Lazarenko was found guilty in California in 2004 of money laundering, and sentenced to 97 months in prison. Lazarenko had fled Ukraine back in 1999, when he fell out of favour with the then-president. He tried to claim asylum in the United States but instead became the first foreign leader convicted of laundering money through the American financial system.
Although the conviction was successful, the asset recovery process remains blocked. A total of $271m of Lazarenko’s money is frozen in Guernsey, Antigua, Switzerland, Liechtenstein and Lithuania, but Washington has been unable to recover it for a decade. And this is not an unusual case. The World Bank has an asset recovery database, which shows that cases have dragged on in western courts for more than 10 years in connection to money from Liberia, El Salvador, Kenya, Democratic Republic of the Congo, the Philippines, Zambia and elsewhere.
In evidence submitted to a parliamentary committee last year, the Serious Fraud Office said the obstacles put in its path by offshore jurisdictions were a key cause of these delays. “Top tier defendants are highly sophisticated and operate internationally. They are likely to be acutely aware of those jurisdictions with an environment that is favourable to them, and from which it is very difficult (and in some cases impossible) to either trace benefit or recover assets,” the SFO said. “Such defendants are also likely to be astute in their use of financial products and other devices which they use to disguise their economic benefit from any crime.”

On 8 March 2015, David Sakvarelidze, then Ukraine’s first deputy general prosecutor, appeared on a Ukrainian news programme and made a dramatic accusation – that Ukrainian prosecutors had taken a bribe to help Zlochevsky.
The source for Sakvarelidze’s claim was an unnamed foreign consultant working within Ukrainian law enforcement. “A high-ranking official in the prosecutors’ office told him [the consultant] he suspected that one official had taken a bribe of $7m,” Sakvarelidze alleged in his television appearance. “It’s shameful of course. People like that should not represent this country.” (Sakvarelidze did not respond to interview requests. The allegation has not been proven, but it is the subject of an investigation by the newly established National Anti-Corruption Bureau of Ukraine.)
Sakvarelidze, an ethnic Georgian, had been hired just weeks earlier to help clean up the law enforcement system and he set to work. Progress was slow, however. In fact, it was so slow that the US ambassador to Ukraine, Geoffrey Pyatt, decided to make an astonishingly forthright interjection. In September 2015, speaking in the southern Ukrainian city of Odessa, Pyatt stated that prosecutors “were asked by the UK to send documents supporting the seizure” of the $23m, but “instead sent letters to Zlochevsky’s attorneys attesting there was no case against him”. “Those responsible for subverting the case by authorising those letters should – at a minimum – be summarily terminated,” he said.
The allegation was part of a long and damning speech, in which he laid out just how little Ukraine had reformed its law enforcement bodies, something that makes recovering the millions stashed overseas unlikely if not impossible.
Ukraine’s national finances are currently dependent on the International Monetary Fund, where the dominant voice belongs to the United States. Pyatt was not just any ambassador therefore, but the local representative of the government’s paymaster. He was putting Ukraine on notice – sort out the prosecutor’s office, because America is getting annoyed. But it didn’t work. Rival prosecutors opened criminal cases against two of Kasko’s investigators, and their allies in other institutions. “Sadly, the protection racket we uncovered … turned out to be just the tip of the iceberg,” Sakvarelidze wrote on Facebook in October 2015.
Change could only be won when international lenders forced President Poroshenko to act. It was tough talk from the west that obliged Ukraine’s parliament – long referred to sarcastically as the biggest business club in Europe – to create the anti-corruption bureau and a dedicated anti-corruption prosecution service. And it was only the bluntest of language from US officials that forced the Ukrainian government to fire crooked prosecutors. According to a valedictory interview by the former vice president Joe Biden in the Atlantic, Poroshenko only sacked the lawman blocking Kasko’s reforms because Biden made a direct threat. “Petro, you’re not getting your billion dollars,” Biden said he had told Ukraine’s president. “You can keep the [prosecutor] general. Just understand, we’re not paying if you do.”
Biden was Washington’s point man on Ukraine throughout the Obama administration, and consistently encouraged reformers and chided their opponents. In a speech in Ukraine’s parliament in December 2015, he said the country could not hope to reform itself on European lines or regain its money, if it did not do something about its entrenched corruption. “You cannot name me a single democracy in the world where the cancer of corruption is prevalent,” he told parliament. “It’s not enough to set up a new anti-corruption bureau and establish a special prosecutor fighting corruption. The Office of the General Prosecutor desperately needs reform.”
By then, however, almost two years had passed since the revolution and many Ukrainians had become disillusioned. The credibility of the United States was not helped by the news that since May 2014, Biden’s son Hunter had been on the board of directors of Burisma, Zlochevsky’s company.
The White House insisted the position was a private matter for Hunter Biden, and unrelated to his father’s job, but that is not how anyone I spoke to in Ukraine interpreted it. Hunter Biden is an undistinguished corporate lawyer, with no previous Ukraine experience. Why would a Ukrainian tycoon hire him?
Hunter Biden failed to reply to questions I sent him, but he told the Wall Street Journal in December 2015 that he had joined Burisma “to strengthen corporate governance and transparency at a company working to advance energy security”. That was not an explanation that many people found reassuring. The Washington Post was particularly damning: “The appointment of the vice president’s son to a Ukrainian oil board looks nepotistic at best, nefarious at worst,” it wrote, shortly after Hunter Biden’s appointment. “You have to wonder how big the salary has to be to put US soft power at risk like this. Pretty big, we’d imagine.”

In September last year, a court in Kiev cancelled the arrest warrant against Zlochevsky, ruling that prosecutors had failed to make any progress in their investigation. That same month, the Latvian media reported that Ukraine had not helped a police investigation into money laundering, so 50m frozen euros had passed into the Latvian state budget instead of being returned to Ukraine.
“I get the impression our foreign partners are disappointed by our failure to make progress tackling corruption, and that’s why they are paying us less attention,” said Kasko, who is now back in private practice, as he was during the Yanukovich years. Meanwhile, President Poroshenko’s approval rating is stuck in the low teens. He has failed to fulfil his promise to sell off his business empire, and was revealed in the Panama Papers leaks to be still engaged in structuring his assets offshore. His London law firm has recently been sending out threatening letters to journalists tempted to repeat accusations of corruption levelled at him by a former insider who has fled to the UK.
Theresa May and US attorney general Eric Holder (left) at the Ukraine Forum on Asset Recovery in 2014.
 Theresa May and US attorney general Eric Holder (left) at the Ukraine Forum on Asset Recovery in 2014. Photograph: Getty Images
Kasko resigned on 15 February last year, accusing the prosecutor’s office of being a “hotbed of corruption”. Sakvarelidze was sacked a month later and charged with a “gross violation of the rules of prosecutorial ethics”. The whole reforming team came and went, without jailing anyone or recovering a single oligarch’s foreign fortune. Kasko told me he had resigned because he saw no point in waiting around impotently while his superiors undermined his cases. “I didn’t want to stay there like the Queen of England and watch,” he said. “The biggest problem in the prosecutor’s office is corruption. Sakvarelidze and I went in to fight against it, and they threw us out.”
Last year, Kasko’s successor formally apologised to the SFO on behalf of the Ukrainian prosecutor’s office for its role in the failure of the case of the $23m.
All in all, the UK chose an unfortunate way to demonstrate “a strong commitment to the people of Ukraine”, as Theresa May stated in April 2014. But this unseemly episode highlights many of the reasons why so little of the cash stolen from poor countries is ever returned to them. Money can flow unhindered between countries, but police officers cannot, so it is always more difficult to prosecute a crime than to commit one.
At the start of each year, Ukraine budgets for the money it plans to reclaim from its deposed rulers, and at the end of the year activists from the Anti-Corruption Action Centre (an NGO that oversees recruitment of Ukraine’s new anti-corruption detectives) calculate how much of that money prosecutors actually found.
In the first nine months of 2016, the government intended to confiscate £250m. They actually retrieved just £4,500 – 0.0018% of the planned total.
They are not alone in struggling to get a grip on fraud. In its report to parliament last year, the SFO said it was failing to retain key investigators in the face of competition from banks, private investigators and other well-resourced City companies, something that complicates already tricky cases. If even the SFO considers itself under-resourced and out-gunned in the battle against the kleptocrats and their offshore empires, then the problem is still more severe in Ukraine. Things are likely to get worse as the window of opportunity provided by enthusiastic foreign assistance is closing fast. Joe Biden is gone now from the White House (although Hunter remains on the Burisma board), and Pyatt has left Kiev for a new ambassadorial posting.
With Donald Trump in power, the tiresome American pressure for reform in Ukraine may well be a thing of the past. Among European allies, France and Germany have elections this year and thus other things to worry about, as of course does post-Brexit Britain. When I sought comments on what the government was now doing to help Ukraine regain its assets, I was batted back and forth between the Home Office and the Foreign Office for a few days, before they eventually provided a joint statement sourced to a “government spokesperson”, confirming that Britain was committed to everything it has always been committed to.
“The UK is a strong supporter of the Ukrainian government’s reform process, and in particular the fight against corruption, which needs to proceed quickly,” they said, by email. That is undoubtedly true, but sadly the global situation is looking ever less favourable.
Ukrainian politicians have consistently failed to keep their resolutions without foreign governments stiffening their resolve and, with that pressure fading away, there will now be little to stop them returning to their old ways. The old oligarchs appear to be feeling as secure as they have done for a while, and Ukrainians who have long been on the defensive are reaching out for new friends.
On 19 January, the day before Trump’s inauguration, Zlochevsky’s gas company announced it was becoming a funder of the Atlantic Council, a prominent Washington thinktank. The Atlantic Council declined to say exactly how much money the tycoon had offered, only that his donation had been between $100,000 and $249,000. A month later, Burisma hired a new director. Joseph Cofer Black does not appear to have any more experience of Ukraine than his colleague Hunter Biden but – as an ex-ambassador and a former director of the CIA’s counterterrorism centre under George W Bush – he is likely to have lots of useful contacts in Washington.
Zlochevsky’s last public appearance was in June 2016 at a Burisma-organised alternative energy forum, co-hosted in Monaco by Prince Albert II, who made the keynote speech. Photographs of the event showed Hunter Biden posing with various comfortably retired ex-politicians, wearing a blue suit twinned with highly-polished brown shoes. Zlochevsky was tanned and healthy in an open-necked shirt, while a more formally dressed Prince Albert placed a solicitous hand on his back.
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martedì 28 marzo 2017

‘Bro, I’m Going Rogue’: The Wall Street Informant Who Double-Crossed the FBI

23:48 0
‘Bro, I’m Going Rogue’: The Wall Street Informant Who Double-Crossed the FBI


On the night he cut a deal with the FBI, Guy Gentile was on his way to a Connecticut casino for his cousin’s bachelor party. He’d jetted up from the Bahamas, where he was running an online stock brokerage that cleared a million dollars a year without much effort on his part. Then 36, he was a working-class kid who’d finagled his way into the dicier edges of finance, and he dressed the part, with neatly trimmed stubble, designer jeans, a silver Rolex, and sunglasses that hung from the collar of his tight T-shirt, just below a few tufts of chest hair.
Gentile was feeling edgy about traveling stateside. It was July 2012, and regulators had been making calls about a stock play he’d been involved with a few years earlier. He’d been part of a group that the FBI suspected had suckered investors out of more than $15 million by manipulating the market for shares in a Mexican gold mine and a natural gas project in Kentucky.
As Gentile’s plane landed in White Plains, N.Y., he saw the flashing lights of police cars on the tarmac, confirming his fears. Before passengers could disembark, uniformed men came on board. Gentile dialed his lawyer, but the men grabbed the phone out of his hands, handcuffed him, and marched him off the plane.
Soon, two FBI agents picked him up from an airport detention room and drove him to a neon-lit diner in Newark, N.J., near their office. They bought Gentile a bacon cheeseburger and a Diet Coke and told him he had two options: Either they could throw him in jail, seize his assets, and hand his case to a prosecutor with a 95 percent win rate, or he could help them catch a bigger fish—and maybe make his problems go away. Gentile didn’t need to think it over. Whatever you want, he said, I’ll do it.
Normally the identity of an FBI cooperator would be kept secret, but sometime last year, a website called Rogue Informant went live. It bore the tagline “They said he had ice flowing through his veins,” a picture of a man getting off a private jet, and no identifying information. A trader told me who was behind it.
When I called Gentile, it was as though he’d been waiting for me. He said he had an amazing story to tell, promising that it included celebrities and a government coverup. “Remember the movie American Hustle? It’s kind of like that, with way more dirt and twists and f---ed-up shit,” he said.
He told me that the information he’d gathered across three years had led to dozens of arrests and helped prevent hundreds of millions of dollars in potential fraud losses. That made sense, in a way. Most stock market scams are easy to spot but hard to prove—even promoters of the most dubious schemes can operate for years, taking advantage of legal loopholes, offshore hideouts, and anonymous shell corporations. Yet the Department of Justice often claims in its press releases that since fiscal 2009 it has “filed over 18,000 financial fraud cases against more than 25,000 defendants.” Gentile offered a rare chance to see how the FBI is making these cases—even though, if his website is any indication, something went dramatically wrong.
I met Gentile at his office in Carmel, N.Y., a quiet suburb about an hour’s drive north of Manhattan. It was one of the hottest days of the summer, but there was no air conditioning because he’d stopped paying his utility bills. Now 40, Gentile was about to turn the building over to his estranged wife in their divorce. His office was a shrine to rags-to-rich-douchebag movies. On one wall was a poster of Al Pacino as Scarface and another of Leonardo DiCaprio in The Wolf of Wall Street. DVDs of the latter and American Hustle were stacked on a side table. “The whole experience was very surreal. I felt like an actor in a movie,” Gentile said of his work with the FBI.
We decided to find someplace less broiling to talk. In his red SUV, he put on a techno version of the James Bond theme and puffed mint-infused smoke from a vape pen. A Make America Great Again hat lay on the dashboard. As we drove, he launched into his story.
Gentile is the son of Italian immigrants. His father ran a gardening business in Mount Vernon, N.Y., and his mother worked in a sprinkler-head factory. Gentile spent his summers pulling weeds and mowing lawns; when he was old enough, he started working nights at a pizzeria. (He met his future wife there, after she left him a note while he was out on a delivery, telling him he was cute.) He was an indifferent student, more interested in making money and spending it on his silver 1985 Monte Carlo, which he fitted with a nitrous-oxide injection system and drag-raced at a track in New Jersey. He considered becoming a police officer after graduating from high school, but instead took a job as a syrup quality-control inspector at a Coca-Cola plant.
He discovered day trading in 1997, not long after E*Trade began offering the service online. A flood of websites and message boards popped up to give investors advice. Even punk rock legend Joey Ramone was giving stock tips. Gentile started his own subscription service, called DayTraderPro. For $35 a month, investors could get tips (“Don’t attempt to buy the bottom or sell the top. Wait and see which way it’s going”) and watch a live feed of a “professional” investor’s trades. The advice was basically worthless, but Gentile got in the game early enough to attract a small following. His computer would ping every few minutes to announce a new subscriber, according to Arthur Quintero, a compliance consultant who worked with him at the time.
In 1998, Gentile quit his job at Coke. He created his own trading website, an E*Trade knockoff that collected fees for executing trades. His clients weren’t getting rich, but it didn’t hurt his bottom line: By 2009 that company and another trading firm he’d started were netting about $3.5 million combined. Gentile drove Ferraris and Lamborghinis, including a white convertible that a dealer told him had belonged to R. Kelly, and invested in a Miami reggae record label. He referred to his lifestyle as that of a “simple jet-setter.”
After the dot-com bubble burst, U.S. regulators began implementing rules to protect clueless investors from themselves, such as requiring that day traders have at least $25,000 to their names and banning funding accounts with credit cards. With the number of prospective clients declining, Gentile decided to move somewhere with fewer regulations. He set up shop in the Bahamas in November 2011. Brokers there don’t have to follow day-trading rules, and they can take American customers as long as they don’t advertise for them.
The loophole gave Gentile a steady stream of business, and the offshore brokerage basically ran itself. Bored and still daydreaming about a law enforcement career, he signed up to get an online associate degree in criminal justice from the University of Phoenix and registered as a freelance bail enforcement agent with the state of Connecticut. But before he had a chance to track down any fugitives, he boarded the flight to White Plains, and the FBI presented him with a better chance to live out his fantasies.
At the diner in Newark, the FBI accused Gentile of participating in a pump-and-dump con that’s as old as the stock market. Promoters take over a worthless shell company, announce that they’ve found a promising venture, and send out a glossy marketing brochure to thousands of potential suckers. Some investors are gullible enough to buy the whole story, while others suspect the con but think they can get in and out quickly enough to profit. Once the frenzy dies down, the stock is almost worthless and the promoters move on to their next scheme. The government had trading records showing that while Gentile was running his U.S. online brokerage, he’d promoted the Mexican gold mine and the Kentucky gas-drilling project, then dumped millions of shares at near-peak value.
Gentile maintains that he did nothing wrong. But rather than try his luck in court, he became one of the FBI’s 15,000 informants, or “confidential human sources,” as the bureau calls them. The FBI has been using this tactic against stockbrokers and fund managers since at least 1992, when it created its first squad dedicated to Wall Street crime after the case against junk-bond king Michael Milken brought securities fraud into the mainstream. Informants are crucial to these cases, because tape recordings demonstrating wrongdoing cut through the complexity of stock market schemes for juries. And unlike agents, informants don’t require warrants to elicit evidence. Turncoats have driven some of the FBI’s biggest Wall Street investigations, like the landmark insider-trading cases against Raj Rajaratnam and Steve Cohen’s SAC Capital Advisors.
The day Gentile was arrested, the FBI agents who nabbed him had their eye on a lawyer named Adam Gottbetter. A regular on the Manhattan charity circuit, with a $12 million condo on the Upper East Side and an office on Madison Avenue, Gottbetter was by all appearances a Wall Street aristocrat. He favored tailored suits and kept his curly hair slicked back, flew to the Hamptons on private jets, and played in a dad band at fundraisers for the elite all-girls Spence School. Gottbetter pitched himself as an expert at taking small companies public, but the FBI suspected that he actually specialized in arranging crooked stock deals.
The dozens of companies in regulatory filings that mention Gottbetter’s name generally show the same pattern: A long-dormant stock spikes, then drops toward zero. By my calculations, during the time Gottbetter was listed in the filings, the companies’ peak market value was $5 billion more than their collective worth now. The FBI had identified this pattern, but it needed Gentile to nail Gottbetter. The pair had worked together on the natural gas play starting in 2007. The agents wanted Gentile to get back in touch with Gottbetter and coax him into saying on tape that he’d committed a crime.
After the talk at the diner, Gentile spent the night in jail. The next day he and his lawyer sat down with an assistant U.S. attorney for New Jersey. Like most informants, Gentile didn’t get a deal in writing, but he says the prosecutor promised to consider dropping the charges if he cooperated in good faith.
Shortly after being released from jail, Gentile called Gottbetter to arrange a meeting. They decided on breakfast at the members-only Core Club in Manhattan. Gentile arrived with a recording device in the pocket of his jacket, but Gottbetter was careful about what he said and didn’t want to discuss the gas deal. Instead he was eager to get Gentile’s help with a new scheme.
The meeting was an adrenaline rush for Gentile. His FBI handlers seemed excited, too. They agreed to pursue Gottbetter’s plan, and at the same time Gentile offered to go after other crooks, to improve the odds he’d be let off the hook. He began strategizing with the lead agent, Kevin Bradley, a tall man with prematurely white hair—the source of his nickname, A.C., for Anderson Cooper. Gentile says the two of them spoke nearly every day on the phone and met regularly at Palisades Center, a mall in West Nyack, N.Y. Gentile’s handlers would identify suspicious traders and encourage him to set up meetings. He told them he’d need higher-tech gadgets to avoid detection, so they gave him a set of keys with a hidden recorder and realistic-looking Starbucks gift cards that recorded audio. He sometimes wore a white dress shirt with a button that concealed a tiny camera.
At first, Gentile had a habit of coming on too strong. Among his early targets was a broker I know. He burst out laughing when I told him Gentile was an informant. They’d met at a bar, he recalled, where Gentile spoke so openly about pump-and-dump schemes that the broker asked if he was a cop and walked out. “The Oscar definitely did not go to him,” the broker said.
Gentile held passports for the U.S., the European Union, and Jamaica, which enriched his cover.
Photographer: Jeff Brown for Bloomberg Businessweek
But Gentile improved. He learned to play hard to get, waiting days to return calls and letting his targets do most of the talking. He developed a lure, telling them he’d created a trading algorithm that could swap shares back and forth among 32 accounts, at ever-higher prices, making it look like the stock was going up. The best part, he’d say, was that it was completely untraceable because he would run it through his offshore brokerage. Crooks loved the idea. “I was really just selling bullshit,” Gentile says. “I’d lie to them. I was a very good liar.” Sometimes he brought along an undercover FBI agent who pretended to be a financier; the aim was partly to ensure that, in the event of an arrest, someone other than Gentile could provide eyewitness testimony.
Most informants find the work scary. “Prison was a cakewalk compared to wearing a wire,” says Mark Whitacre, the Archer Daniels Midland Co. executive who became the subject of the book The Informant after helping expose an animal-feed additive price-fixing conspiracy. “I was almost delusional from the stress.” Not Gentile. Working undercover made him feel like an action hero. It fed into his love of intrigue, according to his ex-wife, Karen Barker-Gentile. “He did actually assume a new personality in which he imagined himself to be an FBI agent,” she says. He began calling his operation Wall Street Underground and developed a signature move, giving each target a hug at their last meeting before the FBI moved in.
The FBI agents encouraged this grandiosity, according to Gentile. He says they let him keep his Glock pistol; that Bradley, an avid cyclist, gave him the code name “Bianchi,” for the Italian racing bicycle; and that his handlers told him he was the best informant they’d ever worked with, more like an undercover agent than a cooperating witness. Gentile also kept running his Caribbean brokerage, traveling to and from the Bahamas.
As for Gottbetter, Gentile was gaining his trust. In August 2013, Gottbetter requested that they meet in the lounge at the White Plains airport. He flew in to tell Gentile about a deal centered on a shell company he and some other financiers controlled. Their plan was to use the company, which filings said grew mushrooms in El Salvador, to buy a bunch of cheap oil wells. Then they’d rename the company and hype it to investors.
The FBI’s problem was that nothing Gottbetter was describing was necessarily illegal. For the scheme to cross the line into fraud, Gentile would have to persuade Gottbetter to use his fake trading algorithm. “The government instructed me to criminalize the deal,” Gentile says. “I felt like I was tricking him.” (The FBI declined to comment on Gentile’s allegation and other facets of his account.)
Three months later, on a cold November night, Bradley and other FBI agents waited outside the Surrey, a hotel on Manhattan’s Upper East Side, where Gentile’s final meeting with Gottbetter was taking place. Gottbetter had with him a British man who was supposed to finance the company’s oil well investments. They spent hours talking over the plan, finally agreeing that Gentile would use his untraceable accounts to make it appear as though the stock price was going up. Gentile surreptitiously snapped a picture of the investor and sent it to the agents so they’d know whom to arrest.
As they said goodbye in the lobby, Gentile pulled the investor in for a hug and kissed him on the cheek. Gentile and Gottbetter left, and the agents went into the building and nabbed the investor. They later told Gentile that he’d gotten them the evidence they needed on Gottbetter, who eventually admitted to securities fraud, paid $5 million in fines, and served about a year in prison and a halfway house. (Through his lawyer, Gottbetter declined to comment for this article, “other than to say that he has taken responsibility for his conduct, which was aberrational.”)
The FBI’s primary target was out of commission, but Gentile was still on the hook: The bureau wanted him to continue informing on others. He began to wonder when he’d be able to stop and whether the agents were making empty promises. And he worried about how, if they reneged on the deal, he would prove he’d been a cooperator. Gentile decided to get proof of their arrangement by surreptitiously recording his handlers. “They taught me tapes don’t lie,” he says.
In February 2014, Bradley and his FBI boss told Gentile that internal investigators were auditing their spending on his operations. In two years they’d spent a few hundred thousand dollars on expenses, Gentile says, including about $15,000 for his travel. The agents told him that an investigator would be asking him some questions, and they wanted to go over what to say. They called a meeting at the Red Robin restaurant at Palisades Center. This time, Gentile brought a recording device of his own.
At the meeting, Bradley, his boss, and other agents praised Gentile’s work. Bradley said he’d fulfilled his agreement with the prosecutor. “Look at how you affected this space. How many people you shut down,” Bradley’s boss said, while the tape (which I later heard) rolled. “We never would have gotten near those people without you.” Gentile told the agents he wanted to work for the agency as a consultant one day, and they didn’t shoot the idea down.
A still from surveillance footage of Gentile (top), Bradley (bottom), and another FBI agent conferring in the Bahamas about the Milrud investigation.
The agents went through the questions Gentile might be asked by the internal investigator, telling him not to say much. They advised him to say he hadn’t directed any criminal activity. (“Of course I did,” Gentile says.) And they said not to mention his gun.
When the investigator called, Gentile stuck to the script. He still doesn’t know whether anything came of the inquiry. More important to him was that he had the agents on tape saying he’d held up his end of the deal. He also had what he thought was evidence of them acting unethically. Over the next year he recorded more than 100 other calls.
During that period, the agents were letting Gentile suggest his own targets. One was Nonko Trading, a rival brokerage; Gentile taped one of its employees admitting the firm had defrauded investors, and prosecutors arrested the owner. Another was a high-frequency trader named Alex Milrud. Gentile suggested the sting because, he says, Milrud once cheated him out of $70,000. Gentile lured Milrud to the Bahamas and persuaded him to show how he used puppet accounts in China to manipulate stocks. After Milrud was charged, in January 2015, the FBI issued a statement describing the alleged crime as “a sophisticated, international, groundbreaking market manipulation scheme.” Milrud pleaded guilty and is awaiting sentencing; through his lawyer, he denied ripping off Gentile and otherwise declined to comment.
By early 2015, Gentile was running out of targets. That June, his worst fear came true: Prosecutors told him he’d have to plead guilty to a felony stemming from the original charges against him. They said he wouldn’t serve any time in prison, but Gentile nevertheless felt betrayed. He’d delivered more than he promised, and he wanted the charges to disappear. “I kept saying no,” he says. “Sorry, that wasn’t the deal, we aren’t taking it.” Then he played what he thought was his trump card: “By the way, we also have these tapes.”
Instead of forcing the prosecutors to let him go, the threat appeared to anger them. The following spring, they rearrested him and charged him for his alleged participation in the original gold mine and natural gas pump-and-dump schemes. The charges carried a maximum prison term of 20 years, but Gentile doesn’t regret rejecting the government’s no-jail-time offer. “Only someone who’s crazy wouldn’t take the deal,” he says, “unless he lives his life by principles and integrity.”
Gentile was allowed to remain free on $500,000 bail. He told his friends he would beat the case and met up with a rapper he’d signed to his old Miami reggae label, to make a song about snitching. On the track, Gentile raps awkwardly over a wobbly beat from a drum machine: “The feds don’t know who they got, bro/ I’m going rogue.” He says he dated a Puerto Rican beauty pageant winner and a “hotter girl from Spanish class.” He binge-watched Billions, the Showtime series about a prosecutor out to get a hedge fund manager at all costs. “It’s like the story of my life,” he says.
For his 40th birthday last year, he threw a James Bond-themed party for 80 guests at a rented beach house in the Bahamas. Brent Mayson, one of his best friends, recalls that Gentile jumped onto a giant inflatable swan in the pool wearing a borrowed Armani jacket. “It’s spring break for him every day,” says Mayson, a real estate developer. “I think it’s kind of adorable. He’s living out his youth a little later.”
Gentile obsessed over old rulings that he was convinced illustrated flaws in the case against him. His lawyers filed a motion to dismiss the case, detailing Gentile’s time undercover and claiming he’d been promised he wouldn’t be charged if he was successful. In response, prosecutors acknowledged that Gentile had provided useful information, but they said no one had promised him he’d get off scot-free and that the charges were merited. “What made Gentile such an accomplished criminal explains why he was such a valuable cooperator—he was deeply enmeshed in the world of stock market manipulation,” the prosecutors wrote.
Gentile blames the prosecutors, not Bradley or his other handlers, for bringing the case against him. In December, Bradley came to the courtroom to watch a hearing in Gentile’s case. During a break, he told Gentile that the other agents sent their regards, and they spoke about getting a beer together once the case was resolved. Bradley wouldn’t discuss the allegations about the internal investigation, nor specific facets of Gentile’s story. “Some of it is fairy tale-ish,” he says, “but he’s got a decent head on his shoulders.”
A month after the hearing, Gentile was driving home from the gym when one of his lawyers called. The judge had tossed out the charges, saying the statute of limitations had expired. Gentile was so relieved he started crying. Then he posted a Wolf of Wall Street meme on Instagram with the caption “F--- YOU ALL.” A spokesman for the U.S. attorney in New Jersey declined to say whether the office will appeal the ruling or otherwise comment on the case. Gentile still faces a related civil lawsuit filed by the Securities and Exchange Commission, seeking his share of $17 million in proceeds from the alleged schemes. He says he believes he’ll prevail on the same statute-of-limitations grounds.
Gentile says he feels sorry for the people he informed on, and that some of them wouldn’t have committed crimes if he hadn’t talked them into it. But even if his targets wouldn’t have done something outright criminal, they were planning to cash in by hyping dubious stocks. Schemes like these cost investors billions of dollars every year. Gentile’s methods weren’t pretty, but without them, Gottbetter and the others would still be free to siphon people’s savings.
Gentile isn’t ready to give up the hustle. He says he intends to sue the government for damages and that one day he’d like to star in the movie of his life. His time undercover, he says, gave him the acting skills he needs. And the storyline will be straight off the posters on his office walls. “I’m going to build a billion-dollar company,” he says. “I’m going to get my own private jet, I’m going to drive a flashy car. And I’m going to make my license plate F---YOUDOJ.”
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