Case Law Database

Counterfeiting

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)

Other Crimes

Details

'Black money' scam

 

FEDERAL REPUBLIC OF NIGERIA V HARRISON ODIAWA, Suit No ID/127c/2004

Fact Summary

Date of Offending:
Fri Apr 04 00:00:00 CEST 2003 - Fri Sep 26 00:00:00 CEST 2003

Mr. George Blick, the Director of Quest Exploration & Development Inc., reported a case of Cybercrime and advance fee fraud to the Commission on 14th May 2003.

He received an unsolicited mail from Nigeria on March 10, 2003, purportedly originating from Abu Belgore, Head of the Nigerian Federal Ministry of Health Contract Review Panel, offering to pay him $20.5 million for an over invoiced contract allegedly executed in Nigeria in 1996. He was promised 25% of the money, 10% would be used to settle expenses, while 65% will be shared by the ‘panel members’. He was issued with several back-dated documents in the course of the scam while a barrage of e-mails, fax messages and telephone calls to him were sustained by the group to ensure maximal loss.

He was referred to other members of the syndicate in Europe. Within 4 month Mr. Blick had met with members of the Syndicate twice in London and twice in Madrid.

He was shown a box containing $20.5 million cash at a London apartment on 24th June 2003 during his second trip. The consignment of ‘black’ money has security codes which can only be removed by means of a special machine available in Spain. He was subsequently taken to Madrid in mid July 2003 to procure the machine. $1,100 was processed with the machine on 31st July 2003 and given to Mr. Blick to convince him about the efficiency of the entire process. He ended up paying over $2 million to the fraudsters.

Before reporting the case to the EFCC in April 2004, Mr. Blick was himself arrested by the United States Federal Bureau of Investigation with one of the fake contract invoices he signed sequel to a report by two of his partners for paying part of the company money to the syndicate.

He was eventually charged for attempting to defraud the Nigerian Government in the United States District Court for Eastern Virginia, Alexandria Virginia Division. EFCC intervened by explaining to the trial attorney that Mr. Blick is actually a victim and our principal witness in Nigeria. He entered into a plea agreement and was sentenced to a 30 months imprisonment. The term was reportedly reduced on appeal for his cooperation in the prosecution of Odiawa and refund of the $655, 000 he took from the company funds in furtherance of the scam.

3 Movado & 4 Raymond Weil wrist watches were also collected from him in London and Madrid (all valued at $8, 086). These were meant to be appreciation to some government officials processing the fund.

Transfer

He paid over $2.2 million to the group listed as follows:

$18, 750 cash in London on 4th April 2003 - processing fee

$195, 000 bank transfer on 9th April 2003 to Shangai Commercial and Saving Bank Ltd. 2 Minchuan East Road Section 1 Taipei Taiwan - opening fee

$200, 000 bank transfer on 29th April 2003 to Standard Chartered Bank China Shenzen Branch – settlement for the Nigerian University Commission opposing the contract

$50, 000 bank transfer on 29th April 2003 to Standard Chartered Bank China Shenzen Branch – settlement for the Nigerian University Commission opposing the contract

$190, 000 bank transfer on 4th June 2003 to DBS Bank Ltd. DBS Building 8 Shenton Way Singapore – gift to the new Interim Minister of Finance

$350, 000 bank transfer on 26th June 2003 to DBS Bank Ltd. DBS Building 8 Shenton Way Singapore - gift to the new Interim Minister of Finance

$177, 894 bank transfer on 24th July 2003 to Banco De Valencia Edificio Puetro 31 Avenida Del Puerto Madrid Spain - machine transportation fee

$180, 000 bank transfer on 29th July 2003 to Banco De Valencia Edificio Puetro 31 Avenida Del Puerto Madrid Spain - machine transportation fee

$175, 000 bank transfer on 26th August 2003 to Abbey National Treasury International Carrick House Circular Road Douglas Limited Isle of Man - machine repair cost

$300, 000 bank transfer on 26th September 2003 to Abbey National Treasury International Carrick House Circular Road Douglas Limited Isle of Man - machine repair cost

‘Abu Belgore’ the only member of the group based in Nigeria was arrested on 6th August 2004 in Lagos. His real names were confirmed to be Harrison Odiawa. He was arraigned at the Lagos State High Court Ikeja in February 2005.

Commentary and Significant Features

- Swift sharing of open source non-confidential information between international law enforcement

- Lack of lawful electronic interception law and tracking technology encumbers the acquisition of real time intelligence in Nigeria where almost all citizens rely on wireless communication. Law enforcement is currently unable to monitor, track or record crime related communication being conducted within the national wireless network of over 90 million CDMA & GSM phones

- Lack of national criminal database and credible identity system

- Inability to trace beneficiaries of funds sent to offshore accounts. Nigeria later established a Financial Intelligence Unit to assist in tracing proceeds of crime. The NFIU was admitted to the Egmont Group in 2007

The victim was unable to initiate any criminal investigation in other jurisdiction where he wired substantial amount of money and met physically with principal members of the transnational organised criminal group. Law enforcement in these jurisdictions are not keen to give any attention to the victim’s complaint.

Keywords

Organized Crime Convention:
Article 5 UNTOC

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

United States of America

Nigeria

Spain

United Kingdom of Great Britain and Northern Ireland

China

Singapore

Investigation Procedure

Involved Agencies

• FBI

Confiscation and Seizure

Seized Property

counterfeit documents, modem, 10 computers, two vehicles and other personal properties

 

Special investigative techniques

• Special investigative techniques
• Undercover operation(s)/ Assumed identities/ Infiltration

International Cooperation

Involved Countries

United States of America

Nigeria

Measures

• International law enforcement cooperation (including INTERPOL)

Outline

The United States Federal Bureau of Investigation, through the Legal Attaché at the US Consulate in Lagos exchanged open source information informally with the EFCC on the victim (who is unfortunately a defendant in the United States) and assisted in facilitating his trip to Nigeria to testify at the Lagos State High Court in February 2005 as our principal witness.

Extensive persuasion and reassurance were done to encourage the victim to travel to Lagos. Media anecdotes and unsubstantiated negative press reports gave him an erroneous perception about Nigeria. EFCC gave him witness protection and paid his hotel accommodation during his visit.

The prosecuting Attorney in United States of America V George R. Blick at the United States District Court, Eastern District of Virginia, case No. 04-7-A (Internal Reference No. 21668) facilitated the appearance of John Blick at the Lagos trial as a witness.

The Nigerian Embassy in Washington DC transmitted a certified true copy of the Nigerian court ruling and sentence in respect of Odiawa’s case to Mr. Blick’s family to show that one of the principal suspects had been arrested and prosecuted in Nigeria. This greatly mitigated the sentence received by Mr. Blick who took $655, 000 belonging to a company he jointly owns with two other directors. The duo had voted him out and reported a case to the FBI against him.

 

Procedural Information

Legal System:
Common Law
Type of Proceeding:
Criminal
Accused were tried:
separately (parallel trials)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Decision Date:
    Fri Jan 13 00:00:00 CET 2006

    Court

    Court Title

    Lagos State High Court Ikeja
     

    Location

  • City/Town:
    Ikeja, Nigeria
  • • Criminal

    Description

    The suspect was arraigned on 14th February 2005 at the Lagos State High Court Ikeja on a 58 count charge for the offences of conspiracy, obtaining money under false pretences, forgery and uttering. The prosecution called 8 witnesses including the Victim and tendered 120 exhibits. The defence called 3 witnesses and tendered 25 exhibits (copy of the judgement is attached).

    Judgment was delivered on 13 January 2006 after a full blown trial.

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    12 years
     

    Compensation to victim

    Payment

    10000 Pound
  • Amount in USD:
    10,000-50,000
  • Remarks

    $2,192, 894.00 back to the victim in full restitution
     

    Victims / Witnesses Summary

  • Witness Protection:
    Other
  • Compensation

  • Amount:
     
    10000
    Currency:
     
    Pound
  • Amount:
     
    2192894
    Currency:
     
    US Dollar
  • Victims / Plaintiffs in the first instance

    Victim:
    Mr. George Blick
    Gender:
    Male
    Nationality:
    American

    Defendants / Respondents in the first instance

    Number of other accused:
    8
    Defendant:
    Harrison Odiawa
    Gender:
    Male
    Nationality:
    Nigerian

    Charges / Claims / Decisions

    Defendant:
    Harrison Odiawa
    Charge:

    Conspiracy to obtain money under false pretence

    Statute:
    Advance Fee Fraud and Other Fraud Offences Act Cap A6 laws of the Federation of Nigeria 2004Section 8 (a) and 1 (3)
    Charge:

    Obtaining money under false pretences

    Statute:
    Advance Fee Fraud and Other Fraud Offences Act Cap A6 laws of the Federation of Nigeria 2004Section 1 (3)
    Charge:

    Possession of a documents containing false pretences

    Statute:
    Advance Fee Fraud and Other Fraud Offences Act Cap A6 laws of the Federation of Nigeria 2004Section 6, 8 (b) and 1 (3)
    Charge:

    Forgery

    Statute:
    Criminal Code Cap C17 Vol. 2 laws of Lagos State of Nigeria 2003Section 467 (3) (a)
    Charge:

    Uttering forged documents

    Statute:
    Criminal Code Cap C17 Vol. 2 laws of Lagos State of Nigeria 2003Section 468