08 Nov 2006 |
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LAOLU AKANDE
New York
In its determination to enforce its laws on money-laundering, a
US district court in Portland, Oregon has found President Olusegun
Obasanjo's Special Assistant on Domestic Affairs, Andy Uba, a casualty and
deemed him liable in a case of cash smuggling into the US and failure
to declare currency at a port of entry.
Uba, who the US court referred to Emmanuel Nnamdi "Andy" Uba was alleged by
the US government to have smuggled into the US a total sum of $170,000 on
20 September 2003, while on Obasanjo's entourage to the United Nations
General Assembly summit of that year.
Uba's visa was "a non-immigrant Visa with a G-2 classification-a category
for "other representative of a recognized government to the International
Organization." By virtue of this visa, not being covered by a diplomatic
status-who would get the A1 classification, Uba was not entitled to any
diplomatic cover and therefore breached the US laws when he entered the country
and brought in money more than $10,000, without declaration, therefore
committing what is a violation of the US laws.
The US had the option of trying the case as an outright crime, but
apparently since Uba cooperated and chose to seek a settlement, the matter was
handled through civil proceedings.
Resultantly, the US Court presided over by Judge Malcolm Marsh ordered
the forfeiture of $26,000 cashier's check from Uba. He was charged
alongside his girlfriend, Loretta Mabinton, in whose account/custody the money
was found including the Mercedes Benz car purchased partly with those
funds.
The judgment showed the court's order that the money-ie $26,000 is
"forfeited to the United States of America, free and clear of the claims of any
and all persons including Loretta Mabinton and Emmanuel Uba."
The ruling by US Judge Malcolm F. Marsh, in a judgment entered on
September 27, this year after an out of court settlement stated that "the US
Customs and Border Protection is directed to immediately seize and transfer the
custody and possession of the (money) $26,000 in US currency to the Secretary of
Treasury of the United States for disposition in accordance with applicable
statutes..."
Although the case had started since Oct. 2003, the settlement was
reached on August 31 this year between the US government, and Uba and his
girlfriend, Mabinton.
The agreement however released the Merecedez Benz 2003
S-class car which Uba had instructed Mabinton to purchase on her behalf. The US
Customs seized the car in Portland, Oregon.
US court papers in the case indicated that, Uba in his filings, claimed that money "comprised of his savings, some of his family's money and
also US dollars obtained by exchanging the Nigerian currency, Naira for US
dollars at a money exchange bureau in Nigeria." But the US government asserted
in the court papers that "Uba failed to provide any documentation showing that
the source of the $170,000 was legitimate."
Indeed the US government filings also stated that Uba's transportation
of the $170,000 directly by bringing it instead of using bank wire transfer from
Nigeria to the US "was not necessary." The US government submitted that "Uba did
not want the money wired because such a transaction would draw attention to the
origination, source and destination of the funds."
But Uba's lawyer in the case Douglas A. Stringer in a chat
with this reporter was asked about the source of the money,
but he simply declined comment, noting client-lawyer confidentiality.
But he argued that Uba has not admitted to doing anything wrong. But
the court's judgment which forfeited Uba's money is a clear admission of Uba's
liability in the case, which the US Attorney Leslie Westphal who prosecuted the
case said was brought under civil laws and not criminal proceedings.
As the complaints showed, other proceeds from the money included the
purchase of farm equipment that was shipped to Obasanjo Farms, Nigeria LTD at a
cost of $45,487.28 and payment of credit card bills of $13,000. Other things the
money was used for include the purchase of two 27" Mercedes Benz rims,
additional accessories, and the export of the vehicle to Nigeria.
Speaking to this reporter, Leslie Westphal, the Assistant US attorney
who handled the case for the US government confirmed that a settlement was
reached and Uba's car was released after payment of a fine. She added that Uba
and his girlfriend had actually tried to defend the failure to report the money
as required by US law on grounds that the money was brought in through the
Presidential Jet of the Nigerian president. But Westphal said the US government
opposed that since Uba is not a "registered diplomat."
Besides, the complaint filed against Uba by the US government indicated
that the US State department was asked "about any exceptions in monetary
reporting requirements that might exist if a person is traveling with an
accredited diplomat or an official government plane." But continuing the
complaints noted that "the US State Dept....advised that there is no
exception to the reporting requirement. Additionally the US State Dept.
representative reported that even if the money had been transported into the US
via a diplomatic pouch, the money could only be used for official purposes of
the government of Nigeria."
 In addition the US State Department further confirmed that Uba "is not an
accredited diplomat with the Nigerian government."Westphal said the US government's objective in the case "was to enforce its
law which requires everyone who come in and out to report their currency in
order to prevent money-laundering."
But according to Uba's lawyer, Stringer, no allegation of illegal
conduct was made against his client, except that he had failed to declare the
money he brought in. Asked why Uba asked for a settlement of the case instead of
fighting on to ascertain his claim of "doing nothing wrong," Stringer said "it
was advantageous to proceed on settlement so as not to spend more money." He
added that Uba actually cooperated with the US government on the case fully
adding that "the source of the money was not a big issue."
The court filings by the US government showed that Uba has been under
surveillance and once suspected for 419 activities in the US before. When asked
if he or his client were worried that the US government might still be watching
Uba anytime he comes in to the country, Stringer said "I won't comment on that,
the government can say whatever they chose."
A settlement of a charge between two parties gives both sides an
opportunity not to have to litigate the case inside the courtroom and at times
could save time. But both sides have to come to an agreement which the court
would then enforce via an order, as was done in this case.
The formal charges against Uba was set out in the complaints of the US
government to the court as "the bulk cash smuggling of $170,000 into the United
States from Nigeria, the failure to report these funds to the US Customs and
Border Protection and the structured deposit (bordering on money-laundering) of
portion of these funds" by Uba's girlfriend.
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