Reporter Garmah Never Lomo sent this from the TEMPLE OF JUSTICE
Monrovia- “The Grand Jurors for the County of Montserrado, Republic of Liberia, upon their oath do hereby find more probably than not, that defendants, J. Nanborlor F. Singbeh, Sr., Secretary of the Honorable Liberian Senate, Gloria Caine, Hon. George W. Wisner, Former Executive Director, National Investment Commission(NIC), Othello Z.B. Karr, Incentive Officer National Investment Commission of Liberia, Prince A. Saysay, Barry Tequah, and other to be identified,” says an indictment from the Criminal Court ‘A’ at the Temple of Justice in Monrovia.
Coming from the Resident Judge of the Court, Roosevelt Willie, the defendants are being charged with the crime of Economic Sabotage, Theft of Property and Criminal Conspiracy for allegedly defrauding a foreign investor in an investment of over US$7.6 million.
The indictment further says:
“Private prosecutors contacted Co-defendant, J, Nanborlor F. Singbeh, Sr. That having been contacted, Co-defendant J. Nanborlor F. Singbeh, Sr., used his official position as government official, conspired and connived with defendants Co-Defendant Gloria Caine, Hon. George W. Wisner, Former Executive Director, National Investment Commission(NIC), Othello Z.B. Karr, Incentive Officer, National Investment Commission of Liberia(NIC), Prince A. Saysay and other to be identified, obtained faked and fraudulent “Investment Incentives” for duty free privileges; in spite of the fact that MHM Eko Liberia formed to engage in crushed rocks and related businesses with a capital investment of USD7,616.152; thereby creating the opportunity to defraud the Government of Liberia out of its much needed lawful revenue…”
Nanborlor F. Singbeh, George Wisner
INDICTMENT BELOW:
REPUBLIC OF LIBERIA) IN THE FIRST JUDICIAL CIRCUIT, CRIMINAL
MONSERRADO COUNTY ) ASSIZES “A” FOR MONTSERRADO COUNTY,
SITTING IN ITS MAY TERM, A.D. 2020
BEFORE HIS HONOUR: ROOSEVELT Z. WILLIE ………… RESIDENT CIRCUIT JUDGE
REPUBLIC OF LIBERIA by and thru Mr. Hans )
Armstrong ………………………………….PLAINTIFF )
)
VERSUS ) CRIMES
)1. Economic Sabotage
Nanborlor F. Singbeh, Sr., Secretary of the Liberian ) 2. Theft of Property
Senate, George W. Wisner, Former Executive ) 3. Forgery
Director/Acting Chairman, National Investment ) 4. Criminal Conspi-
Commission (NIC), Othello Z.B. Karr, Incentive Officer ) racy
National Investment Commission of Liberia, Karel Socher, )
General Manager MHM Eko- Liberia, Ales Sranmek, )
Sherman Longan, Jan Holask, Barry F. )
Tequah, Eco-Bank Liberia, LTD, by & thru Its President/ )
its Authorizing Agents, Afriland First Bank Liberia, by )
and thru its President/ authorizing Agents, Ousman )
Fofana, General Manager, Standard Logistics )
Gloria Cain, Sylvester Selvkpoh, Patrick Saah )
Siapiah, Mulbah Kenneh, Patrick Siaphe, )
and other be identified……………………DEFENDANTS )
INDICTMENT
COUNT ONE (ECONOMIC SABOTAGE)
That, the Grand Jurors for the County of Montserrado, Republic of Liberia, upon their oath do hereby find more probably than not, that defendants, J. Nanborlor F. Singbeh, Sr., Secretary of the Honorable Liberian Senate, Gloria Caine, Hon. George W. Wisner, Former Executive Director, National Investment Commission(NIC), Othello Z.B. Karr, Incentive Officer National Investment Commission of Liberia, Prince A. Saysay, Barry Tequah, and other to be identified.
- That you Defendants J. Nanborlor F. Singbeh, Sr. Secretary of the Honorable Liberia Senate, Gloria Caine,Hon. George W. Wisner, Former Executive Director, National Investment Commission(NIC), Othello Z.B. Karr, Incentive Officer, National Investment Commission of Liberia(NIC), Prince A. Saysay, Barrry Tequah, and other to be identified, did conspire, collude, facilitate to commit the Crime of Economic Sabotage in violation of Chapter 15, Section 15.80(a)(b)(c)(e) of the New Penal Law of Liberia, Title 26 of Liberia Codes of Law Revised.
- That, during the periods of June of A.D. 2013 up to and including July A.D. 2019 or thereabout Private Prosecutors, Pavel Miloschewsky and Martin Miloschewsky of Czech Republic expressed interest in Liberia’s business sectors of Liberia and as such, intended to establish a Company in the foresaid Republic for the production of crushed rocks and other related activities. Thereafter, private prosecutors contacted Co-defendant, J, Nanborlor F. Singbeh, Sr. That having been contacted, Co-defendant J. Nanborlor F. Singbeh, Sr., used his official position as government official, conspired and connived with defendantsCo-Defendant Gloria Caine, Hon. George W. Wisner, Former Executive Director, National Investment Commission(NIC), Othello Z.B. Karr, Incentive Officer, National Investment Commission of Liberia(NIC), Prince A. Saysay and other to be identified, obtained faked and fraudulent “Investment Incentives” for duty free privileges; in spite of the fact that MHM Eko Liberia formed to engage in crushed rocks and related businesses with a capital investment of USD7,616.152; thereby creating the opportunity to defraud the Government of Liberia out of its much needed lawful revenue as follows :
- A duty free application(no.103528/100% duty entitlement) dated December 12, 2016 from and in favor of MHM Eko Liberia on good supplied 1 unit(Hitachi ZW 310 wheel Load Chassis 000683) and two power screen Premier trak all totaling USD842,669.26; that as a result of their duty free scan with Co-defendants George W. Wisner, then Executive Director of the NIC and Othello A.B. Karr, Incentive Officer of the NIC, awarded the amount of USD16,853.39 as payable; but instead MHM Eko Liberia paid the amount of USD8,261.00, thereby cheating the Government of Liberia in the total amount of USD8,592.39.
- through this scandalous and crimes perpetrated by you Co- Defendant Singbeh, collided with Barry Tequah, a purported former employee of the Liberia Revenue Authority(LRA) faked Golden Veroleum Vice President for Strategy, Mr. Elvis G. Morris’s signature, under the subterfuge of GVL’s duty free privileges to clear ten (10) Howo Sino Dump trucks and three (3) AXLE FLATBEH consigned to Standard Logistics using a faked duty free incentives on behalf of MHM Eco-Liberia, Inc., thereby causing the Government of Liberia to lose lawful revenue in the amount of USD382, 000(three hundred and eighty two dollars).
- That under the Revenue Code of Liberia as Amended by the Consolidated Tax Amendment Act October 15, 2011, crushed rock (quarrying) is excluded from tax incentives as provided for in the Revenue code as amended in October 2011
- That the Defendants have no affirmative defense.
Economic Sabotage
A person is guilty of a first degree felony, if he:
(a) Knowingly conspires or colludes to defraud the Government of Liberia;
(b) Knowingly makes an opportunity for any person to defraud the Government of Liberia;
(c) Does or omits to do any act with intent to enable another to defraud the Government of Liberia;
(e) Demands greater sums than authorized by law or receives any fee, compensation or reward for the performance of any duty except compensation from the Government of Liberia.
COUNT TWO (Theft of Property)
THAT THE SPECIAL GRAND JURORS for Montserrado County, Republic of Liberia upon their oath do hereby find more probably than not, that you defendants, J. Nanborlor F. Singbeh, Sr., Secretary of the House of Senate, Karel Sochor, Jan Holaseh, Ales Sramer, Peter Pesek, , Sherman Longan, and others to be identified, did conspire, facilitate and did commit the Crime of Theft of Property in flagrant violation of 4 LCLR, Title 26, Section 15.51 (a); and 4 LCLR, Title 26, Section 2.2 (a) and (b); and 4 LCLR, Title 26, Section 15.6 (a), (b), (e),(g) and (k); and 4 LCLR, Title 26, Section 15.54, of the Statutory Law of the Republic of Liberia to wit:
- That, during the periods of June of A.D. 2013 up to and including July A.D. 2019 or thereabout Private Prosecutors, Pavel Miloschewsky and Martin Miloschewsky of Czech Republic and owners of MHM Eco- Czech Republic, an investment company, doing business in the Czech Republic , decided to establish a sister company, named and styled MHM Eko-Liberia to engaged in the ventures of the production of crushed rocks in the Republic of Liberia; and got in contact with Co-Defendant J. Narbolor F. Singbeh, while in the employ of the Government of Liberia and in his capacity and or position as Secretary of the Honorable Liberian Senate was awarded a thirty percent (30%) shares, while the two Czech Nationals retained seventy percent(70%) shares in the entity.
- Also, that Co-defendant J. Nanborlor Singbeh, Sr., with criminal mind and deceptive intent to commit a crime, opened two bogus accounts in the name of MHM Eko Liberia, Inc., at Eco and AfriLand Banks. Thereafter, conspired and colluded with Co-defendants, Karel Sochor, Ales Sramek, Peter Pesek, Jan Holaseh, Gloria Caine by convincing the Private Prosecutors and majority shareholders to unknowingly transfer the amount of USD2,495,109.00(two million four hundred ninety five thousand and one hundred and nine dollars) and USD102,000.000.00(one hundred and two thousand dollars), respectively which was intended to pay custom duties on equipment imported, pay salaries of employees and other running cost.
- That, on the 12th day of the month of July A.D. 2019, Gongloe Associates Incorporation, under the signature of Cllr. Tiawon S. Gonloe wrote on behalf of Pavel Miloschewsky and Martin Miloschewsky of Czech Republic by and thru their Attorney -In-Fact, Hans Armstrong to the Liberia Anti- Corruption Commission (LACC), thru its than officer in-charge, Hon. Charles J.L. Gibson, III, requesting the said entity to conduct comprehensive audit and or an investigation into alleged stealing of its clients money that was wired to Liberia for the clearances oaf earth moving equipment, payment of employee and the running of MHM EKO Liberia, Inc.,.
- 5. That, Co-defendant J. Nanborlor F. Singbeh, in furtherance to his criminal manipulation of the systems, opened two purported and or fraudulent accounts at Eco Bank Liberia Limited and Afriland first Bank supposedly in the name of the Company with both account numbers: Eco Bank# 005-101-472-277-820-1 and Afri-land Bank account# 020-121-980-103, with Co-defendant Karel Sochor as signatory “B”. That the Co-defendant having opened these accounts, the Private Prosecutors/ investors had a first referred and deposit of US$2,495,109.00 and Us$102,000.00 (Two Million Four Ninety Five Thousand and 0ne Hundred Two Thousand United States Dollars), into the bogus and purported accounts.
- That, investigative report further revealed that between the periods of August 22. A.D. 2013 to up and including October A.D. 2018, the majority shareholders and or Private Prosecutors deposited into the account 005-101-472-277-820-1, the sum of USD$2,529.432.39, for the purpose of quarrying rocks, Sand and Stones, but Co-defendant J. Nanborlor Singbeh in cohort with defendants Co-defendants, Karel Sochor, Ales Sramek, Peter Pesek, Jan Holaseh, Gloria Caine and others to be identified, knowingly, willfully criminal and internationally began withdrawal of the cash during the periods of October A.D. 2017 to January A.D. 2017.
- That, in addition to the Company’s dream of Business operation in the Republic of Liberia, during the intervening periods of January A.D. 2013 and March 2019, for the so purpose of quarrying rocks, sand and stones he Private Prosecutors through MHM Computers SRO of Czech Republic shipped to MHM Eko- Liberia, Inc.; and received by J. Nanborlor F.Singbeh the following machines, Two( 2) Toyota vehicles , along with others equipments valued at US$ 2,465, 310.0999 ( Two Million Four Hundred Sixty Five Thousand Three Hundred Ten Dollars Ninety Nine . Nine cent United States Dollars), that were to be used for the Company operation.
| Quaintly | Make | Model | Type | SERIAL # | YEAR |
| 1 Unit | Caterpillar | 325DLN | Excavator | Cat0325DCPKE01101 | 2007 |
| 1 Unit | Caterpillar | 325BLN | Excavator | 8FN00411 | 1997 |
| 1 Unit | Caterpillar | 950G | Front-end loader | 5FW01860 | 2007 |
| 2 Unit | Hitachi | ZW310-3 | Front-end loader | HFL4H00L0000583 | 2011 |
| 1 Unit | Caterpillar | D6G2 XL | DOZER | CAT00D6G006G01372 | 2009 |
| 1 Unit | Caterpillar | D9L | DOZER | 3T636 | |
| 2 Unit | Atlas Copco | XAHS186DD | COMPRESSOR | 497427 | 2005 |
| 1 Unit | TANKER/COVEYOR | MW1034453 | |||
| 1 Unit | SZ ZILCIN | SLVE81/60 | DRILL MACHINE | 052 | 1988 |
| 1 Unit | EXTEC | C10 | JAW CRUSHER | 7600 | 2005 |
| 1 Unit | Power Screen | MAXTRAK 1000 SR | CONE CRUSHER | 100561EESR | 2007 |
| 2 Unit | Power Screen | PREMIER TRAK 400 | JAW CRUSHER | PIDT400J0MG92868 | 2016 |
| 1 Unit | Power Screen | CHIEFTAIN 1700 3D | SCREENER | PID00129PDGDA7696 | 2014 |
| TOYOTA | 4RUNNER | OFF ROAD | JT3HN87RXX0238024 | 1999 | |
| TOYOTA | LAND Cruiser | PICK UP | HZI79L-TJMRS | 2011 | |
| 1 Unit | ATLAS COPCO | ROC D9RRC | DRILL MACHINE | AVO07A1599 | 2007 |
| WASHING PLANT | MACHINE | ||||
| GAS OIL | |||||
| SPARE PARTS |
8.That the total value of properties including cash and equipment stolen directly from the Private Prosecutors by Co-defendants, J. Nanborlor F. Singbeh,, Sherman Longan, Karel Sochor, Jan Holaseh, Ales Sramer, Peter Pesek, Gloria Caine, Prince A. Saysay and others to be identified, is estimated at about US$5,062,419.10( Five Million Sixty Two Thousand Four Hundred and Nineteen Thousand and Ten Cent United States Dollars).
- That the Defendants have no affirmative defense
THEFT OF PROPERTY
10.. In relation to the PROPERTY and services,” OBTAIN” means to bring about a transfer or purported transfer of an interest in the property, whether to the Defendant or another and secure performance thereof.
- “PROPERTY OF ANOTHER” means property in which a person other than the actor has an interest which the actor is not privileged to infringe without consent regardless of the fact the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in unlawful transaction or was subject to forfeiture as security interest bearing therein even if legal title is in the creditor pursuant to a conditional sales contract of another security agreement.
- ”OWNER” means any persons or Government with an interest in the property such that it is property of another as far as the Defendant is concerned.
- A person engages in conduct purposely if when he engages in conduct, it is his conscious objective to engage in conduct of that nature or to cause the result of that conduct.
- “DEPRIVED” means to withhold property or cause it to be withheld either permanently or under such circumstances that a major portion of economic value, or its use and benefit has in fact been appropriated, and withhold property or cause it to be withheld with the intent to restore it only for payment of a reward or other compensation and dispose of property or use it or transfer any interest in it under circumstances that make its restoration impossible.
- And that the value of the property stolen was $50,000 or over and the property was acquired or retained by a first or second degree felony.
Count Three (Forgery)
That, the Grand Jury for Montserrado County, Republic of Liberia, upon their oath do herby find, more probably than not that, you defendants, , J. Nanborlor F. Singbeh, Barry F Tequah, and Gloria Caine, Karel Sochor, Jan Holaseh, Ales Sramer and Peter Pesek, committed the crime of Forgery, a felony of the second degree.
- That, without the knowledge and consent of the majority shareholders and investors Pavel and Martin Miloschewsky, on December 11, 2013, Co-defendant J.Nanborlor F. Singbeh (30% shareholder) named himself as President of MHM EKO Liberia, Inc., Karel Sochor as Managing Director, Ales Sremek as Financial Director/Treasurer and Miss Gloria Caine as Secretary. He further established himself as well as Karel Sochor and Alex Sremex as signatories to the accounts of MHM EKO Liberia, Inc. These Changes were made by a resolution signed by the Gloria Caine as Secretary and J. Nanborlor F. Singbeh, Sr. as President and Chairman of the Board of Directors and notarized by Abraham W. Nifor, Notary Public.
- That, also on December 11, 2013, the by- laws of MHM EKO Liberia, Inc. was done and signed by Gloria Caine as Secretary and J. Nanborlor F. Singbeh, Sr. as President of MHM EKO Liberia, Inc. acting without the knowledgeand consent of the majority shareholders and investors and notarized by S. peter Doe-Kpar.
- That, prior to setting up the leadership structure and signature powers of MHM EKO Liberia, Inc. on August 13, 2013, J. Nanborlor F. Singbeh, Sr. opened two corporate current s account in favor of MHM EKO Liberia, Inc. at Ecobank Liberia Limited and Afriland Fisrt Bank and without the knowledge and consent of the majority shareholders or investors listing Ales Sremek Chairmen/Director and KarelSochor as Director/Secretary both having assigned by themselves what appeared to be their signatures. The signature specimen of the account showed three (3) persons as signature powers: Ales Sremek, KarelSochor and J. NanborlorF. Singbeh, Sr. (who was not mentioned on the application form), with signatures attached and signature mandate of two. No relationship officer of the bank signed. Their passports and the Articles of Incorporation of MHM EKO Liberia, Inc. are attached showing that Ales Sremek’s signature on the account opening form differed from that in his passport and Articles of Incorporation.
- That Co-defendant J. Nanborlor F. Singbeh, Sr., manipulated account opening documents indicating that Ales Sremek and Karel Sochor were physically present in Liberia when the two accounts were opened at both Ecobank Liberia Limited and Afriland First Bank. Contrary, the database travel records on Ales Sremek showed that he has never traveled to Liberia before and that only Karel Sochor had come to Liberia on three (3) occasions with entry-exit dates listed as follows: April 20, 2018 to May 25, 2018; September 21, 2018 to October 5, 2018 and January 3, 2018 to February 7. 2018. Therefore, both Karel and Sremek were not in the country (Liberia) as at the time of the opening of the account at Ecobank neither were they in the country when the December 11, 2013 resolution was reached by J. Nanborlor F. Bingbeh, Sr. and Grace Caine.
- That, you defendants, J. Nanborlor F. Singbeh, Barry F Tequah, and Gloria Caine,designed and developed a scheme, prepared and printed fake duty free privilege documents, used the fake documents and in the course of committing a theft, clear, from the Freeport of Monrovia, Machines, Toyota vehicles and including equipment, valued at US$2, 465, 310 .0999 and converted same into their own use and benefit, thereby depriving the private prosecutors out of its’ much needed properties.
- There and then the crime of Forgery, the defendants Joshua Kangar, D. Ramsey Williams and others to be identified, did do and commit.
- That the Defendants have no affirmative defense.
FORGERY OR COUNTERFEITING
- A person has committed forgery or counterfeiting if with the purpose of deceiving or harming the Government, or another person, or with the knowledge that he is facilitating such deception or harm by another person, he
- a) Knowingly and falsely makes, completes or alters any writing or subject; or.
- b) Knowingly utters a forged or counterfeited writing or subject. obtains the by deception or threat with the purpose of depriving the owner thereof or purposely depriving another of his by deception or by threat, or.
- That. the defendants’, act’s is contrary to: Chapter 15, Section 15.70, of the New Penal Laws the Republic of Liberia and the peace and dignity of the Republic of Liberia.
COUNT 4 ( Criminal Conspiracy)
The Grand Jurors for the County of Montserrado, Republic of Liberia, upon oath do hereby find more probably than not, that, Nanborlor F. Singbeh, Secretary of the Liberian Senate, George W. Wisner, Former Executive Director/Acting
Chairman, National Investment Commission (NIC), Othello Z.B. Karr, Incentive Officer National Investment Commission of Liberia, Karel Socher, General manager MHM Eko- Liberia, Ales Sranmek, Sherman Logan, Jan Holask, Barry F. Tequah, Eco-Bank Liberia, LTD, Afriland First Bank Liberia, Ousman Fofana, Gloria Cain, Sylvester Selvkpoh, Patrick Saah Siapiah, Mulban Kenneh and other to be identified did do and commit the crime of, Criminal Facilitation in violation of Chapter 10, Section 10.2(1)(2)(3) of the New Penal Law of Liberia in the form and manner as follows to wit:
- That, during the periods of June of A.D. 2013 up to and including July A.D. 2019, in the City of Monrovia, Montserrado County, Republic of Liberia, you
, Nanborlor F. Singbeh, Secretary of the Liberian Senate, George W. Wisner, Former Executive Director/Acting Chairman, National Investment Commission (NIC), Othello Z.B. Karr, Incentive Officer National Investment Commission of Liberia, Karel Socher, General manager MHM Eko- Liberia, Ales Sranmek, Sherman Longan, Jan Holask, Nathaniel Barnes, Barry F. Tequah, Eco-Bank Liberia, LTD, Afriland First Bank Liberia, Ousman Fofana, Gloria Cain, Sylvester Selvkpoh, Patrick Saah Siapiah, Mulban Kenneh and other to be identified met, planned, conspired and dubbed private prosecutors, Pavel Miloschewsky and Martin Miloschewsky of Czech Republic out US$5,062,419.10( Five Million Sixty Two Thousand Four Hundred and Nineteen Thousand and Ten Cent United States Dollars). Thereby, depriving the private prosecutors out of their tangible properties.
That the Defendants have no affirmative defenase.
Conspiracy
- A person is guilty of conspiracy to commit a crime if, with the purpose of promoting or facilitating its commission, he agrees with one or more persons to engage in or cause the performance or conduct which constitutes the crime, and any one or more of such persons does an act to effect the objective of the conspiracy.
- a) If a person knows that one with whom he agrees or has agreed will agree with another to affect the same objective, he shall be deemed to have agreed with the other, whether or not he knows the other identity.
b).If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.
c). A conspiracy shall be deemed to continue until the crime which is its object is committed or the agreement that it be committed is abandoned by the defendant and by those with whom he conspired. A conspiracy shall be deemed to have been abandoned if no other act to affect its objectives has been committed by any conspirator during the applicable period of limitations.
AND THE GRAND JURORS AFORESAID, UPON THEIR OATH AFORESAID DO PRESENT THAT THE HEREINABOVE NAMED DEFENDANTS AFORESAID, DO SAY THAT THE CRIMES OF THEFT OF PROPERTY, ECONOMIC SABOTAGE, CRIMINAL CONSPIRACY, & FORGERY THE SAID DEFENDANTS DID DO AND COMMIT CONTRARY TO THE FORM, FORCE AND EFFECT OF THE STATUTORY LAWS OF THE REPUBLIC OF LIBERIA IN SUCH CASES MADE AND PROVIDED AND AGAINST THE PEACE AND DIGNITY OF THE SAID REPUBLIC.
1.__________________________
TRUE BILL/IGNORAMUS
2.__________________________
TRUE BILL/IGNORAMUS
3.__________________________
TRUE BILL/IGNORAMUS
__________________________
4.TRUE BILL/IGNORAMUS
WITNESSES ADDRESSES
- Hans Armstrong Monrovia, Liberia
- Marc N. Kollie LACC
- Appleton A. Artis LACC
- Alex S. Diggs LACC
- Titus A.A. Goeh LACC
- Alex Diggs LNP/Margibi Co
- Others
- Documentary evidence
_______________________________
Tunapu Goll
FORELADY OF THE GRAND JURORS