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Durossgasperi DurossGasperi Social Justice Advocates South Africa email; [email protected] Advocates in South Africa, Oceania, Europe, North America UN Declaration on Human Rights Defenders A/RES/53/144 31st December 2018 Attorney General Fraud Section, Criminal Division U.S. Department of Justice ATTN: Chief, FCPA Unit 950 Constitution Ave., NW Washington, DC 20530 Email to [email protected] Attention: Attorney General Foreign Corrupt Practices Act (FCPA) I. Communications of Complaint to Attorney General 1. DurossGasperi by way of submission of Communications of Complaint in respect to the Foreign Corrupt Practices Act (FCPA) in the first instance, or any other Federal Legislation that the Attorney General, Department of Justice Sees fit to charge, investigate and indict. 2. Nature of the Offense All the defendants, with divers other persons, during a period of years from 2003, when their relationship with the Jacob Zuma entered into participation of a criminal enterprise which participated as leaders, organizers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy to commit, or which involved the commission of, Crimes which fall within the Gambit of the Foreign Corrupt Practices Act (FCPA, as defined in FCPA federal legislation, and, in accordance with the provisions of the FCPA Statute, are individually responsible jointly or Severally for their own acts and for all acts committed by any persons in the execution of such plan or conspiracy. 3. The common plan or conspiracy embraced the commission of Crimes against FCPA, in that the defendants planned, prepared, initiated, and waged criminal campaigns, which were also in violation of international treaties, agreements. 4. In the development and course of the common plan or conspiracy it came to embrace the commission of Crimes, in that it contemplated, and the defendants determined upon and carried out, crimes against the very heart of banking systems, Swift systems, State Party and State owned enterprises amongst others, the plunder of public and private property, the indiscriminate destruction of businesses, and devastation not justified in any democracy. The common plan or conspiracy contemplated and came to embrace as typical and systematic means, and the defendants determined upon and committed. Page 2 II. Major Parties of the violations against FCPA 1. Ajay Gupta, and or entities controlled by him directly or indirectly 2. Atul Gupta, and or entities controlled by him directly or indirectly 3. Rajesh Gupta, and or entities controlled by him directly or indirectly 4. Jacob Zuma, and or entities controlled by him directly or indirectly 5. HSBC Banking Corporation 6. Standard Chartered Bank 7. Duduzane Zuma, and or entities controlled by him directly or indirectly 8. Oakbay Investments, South Africa 9. Bank of Baroda, South Africa 10. Bank of Baroda, India 11. Sanjiv Gupta, and or entities controlled by him directly or indirectly 12. Sahara Computers 13. Transnet, South Africa 14. Nedbank, South Africa 15. ABSA Bank, South Africa 16. ABSA Bank Group, South Africa 17. Salim Essa, and or entities controlled by him directly or indirectly 18. Westdawn Investments 19. Gloria Ngema Zuma, and or entities controlled by her directly or indirectly 20. Koornfontein Mine, South Africa 21. Tegeta Exporation and Resources, South Africa 22. Confident Concepts 23. Infinity Media 24. Islandsite Investments 180 25. Trillian Management Consulting 26. Optimum Coal Mine 27. Idwala Coal 28. Shiva Uranium 29. TNA Media 30. Centaur Mining 31. Trillian Financial Advisory 32. Eskom, South Africa 33. Charles King SA 34. Amir Zarooni, and or entities controlled by him directly or indirectly 35. China South Rail, China 36. Regiments Asia 37. Eric Wood, and or entities controlled by him directly or indirectly 38. PWC Price Waterhouse Coopers, South Africa 39. Gallenade Company 40. Success Stand Company 41. Shun Shi Company 42. Honorway Company 43. Bestway Company 44. PAI Company 45. AL Malaki Company 46. Vogen Company 2 Page 3 47. Daya Company 48. Flybright Company 49. National Westminster Bank 50. Wells Fargo 51. Habib Bank 52. Bank of China 53. China Citibank 54. Homix Company 55. Mercantile Bank 56. Ashok Narayan, and or entities controlled by him directly or indirectly 57. Morningstar International Trade 58. Gallenade Company 59. Billon Lucky Company 60. MNT Trading 61. Shiv Gupta, and or entities controlled by him directly or indirectly 62. Schabir Shaikh, and or entities controlled by him directly or indirectly 63. Shamim Shaikh, and or entities controlled by him directly or indirectly 64. ANC 65. Litha Nyhonyha, and or entities controlled by her directly or indirectly 66. Thebe Investment Holdings 67. Batho Batho Trust 68. Elgasolve Company 69. Magandheran Pillay, and or entities controlled by him directly or indirectly 70. Phetolo Ramosebudi 71. Garry Pita 72. TSDBF Company 73. Stanley Shane 74. Regiments Advisory Company 75. Mosilo Mothepu 76. Trillian Financial Advisory 77. Albatime Company 78. Kuben Moodley 79. Mohammed Bobat 80. Trillian Asset Management 81. Garry Naidoo, and or entities controlled by him directly or indirectly 82. Accurate Investments, Dubai 83. Brookfield Consultants, USA 84. World Windows Company, India 85. RR Energy Company, India 86. Bell Pottinger 87. Tim Bell, and or entities controlled by him directly or indirectly 88. Ashish Gupta, and or entities controlled by him directly or indirectly 89. Amol Gupta, and or entities controlled by him directly or indirectly 90. Bongi Ngema-Zuma, and or entities controlled by her directly or indirectly 91. Duduzile Zuma, and or entities controlled by her directly or indirectly 92. JlC Mining Services, South Africa 93. Verde Farm 94. Kamal Singhala Gupta, and or entities controlled by her directly or indirectly 3 Page 4 III. Minor Parties of the Violations against FCPA 1. Nksosazana Dlamini-Zuma 19. Brian Molefe 2. Nazeem Howa 20. Lynn Brown 3. Mcebisi Jonas 21. Mosebenzi Zwane 4. Thabo Mbeki 22. Malusi Gigaba 5. Kgalema Motlanthe 23. Iqbal Sharma 6. Tokyo Sexwale 24. SizweNtsalubaGobodo 7. Lazarus Zim 25. Nhlsnhla Nene 8. Ronnie Ntuli 26. Des Van Rooyen 9. Anoj Singh 27. SAP South Africa 10. KPMG South Africa 11. Mckinsey, South Africa 12. Xola Skosana 13. Vytije Mentor 14. Ace Maguschule 15. Keppy Maphatsoe 16. Thompson-SCF (Pty) Ltd, Mauritius 17. Thint (Pty) Ltd, Mauritius. IV. Overview of Foreign Corrupt Practices Act (“FCPA”) 1. Nature of the Offense All the defendants, with divers other persons, during a period of years from 2003, when their relationship with the Jacob Zuma entered into participation of a criminal enterprise which participated as leaders, organizers, instigators, or accomplices in the formulation or execution of a common plan or conspiracy to commit, or which involved the commission of, Crimes which fall within the Gambit of the Foreign Corrupt Practices Act (FCPA, as defined in FCPA federal legislation, and, in accordance with the provisions of the FCPA Statute, are individually responsible jointly or Severally for their own acts and for all acts committed by any persons in the execution of such plan or conspiracy. 2. In our encapsulated Submission we will prove beyond a reasonable doubt, a prima facia case, which will be based on High Court Records, Public Records that on the basis of the Merits, that the Attorney General of the United States should conduct an investigation in which upon review of all presented before him, proceed with an indictment of all those names, in the interests of justice as no one is above the law. When domestic laws fail, then International laws or the threads of international law should apply. 3. Corporate bribery is bad business. In our free market system, it is basic that the sale of products should take place on the basis of price, quality, and service. 4 Page 5 4. Corporate bribery is fundamentally destructive of this basic tenet. Corporate bribery of foreign officials takes place primarily to assist corporations in gaining business. Thus, foreign corporate bribery affects the very stability of overseas business. 5. Corruption is a global problem. In the three decades since Congress enacted the FCPA, the extent of corporate bribery has become clearer and its ramifications in a transnational economy starker. 6. Corruption impedes economic growth by diverting public resources from important priorities such as health, education, and infrastructure. It undermines democratic values and public accountability and weakens the rule of law. 7. It threatens stability and security by facilitating criminal activity within and across borders, such as the illegal trafficking of people, weapons, and drugs. 8. International corruption also undercuts good governance and impedes U.S. efforts to promote freedom and democracy, end poverty, and combat crime and terrorism across the globe. 9. Corruption is also bad for business. Corruption is anti-competitive, leading to distorted prices and disadvantaging honest businesses that do not pay bribes. It increases the cost of doing business globally and inflates the cost of government contracts in developing countries. 10. Bribery thus raises the risks of doing business, putting a company’s bottom line and reputation in jeopardy. Companies that pay bribes to win business ultimately undermine their own long-term interests and the best interests of their investors. 11. In 1998, the FCPA was amended to conform to the requirements of the Anti- Bribery Convention. These amendments expanded the FCPA’s scope to: (1) include payments made to secure “any improper advantage”; (2) reach certain foreign persons who commit an act in furtherance of a foreign bribe while in the United States; (3) cover public international organizations in the definition of “foreign official”; (4) add an alternative basis for jurisdiction based on nationality; and (5) apply criminal penalties to foreign nationals employed by or acting as agents of U.S. companies.20 The Anti-Bribery Convention came into force on February 15, 1999, with the United States as a founding party.
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