RESOLUTIVOS QUE A CONTINUACIÓN SE EXPONEN:
V.- Que en fecha 24 de Noviembre del 2010, siendo las 08:30 horas del día, los suscritos
on Behalf of, FBME Bank Ltd.
On July 29, 2015, FinCEN published in the Federal Register a Final Rule imposing a prohibition on U.S. financial institutions from opening or maintaining a correspondent account for, or on behalf of, FBME Bank Ltd. (FBME) under the fifth special measure of Section 311 of the USA PATRIOT Act, with an effective date of August 28, 2015. On August 27, 2015, the United States District Court for the District of Columbia granted FBME’s motion for a preliminary injunction and enjoined the Final Rule from taking effect. On November 6, 2015, the court granted FinCEN’s motion for voluntary remand to allow for further rulemaking proceedings. On November 27, 2015, FinCEN published in the Federal Register a Notice to re-open the Final Rule for 60 days to solicit additional comment in connection with the rulemaking, particularly with respect to the unclassified, non-protected documents that supported the rulemaking, and whether any alternatives to the prohibition on the opening or maintaining of correspondent accounts for FBME would effectively mitigate the money laundering and terrorist f inancing risk associated with FBME. F inCEN al so made available for comment onwww.regulations.gov the unclassified, non-protected material that FinCEN considered and intended to rely upon during the rulemaking proceeding.
After re-opening the comment period, FinCEN considered all of the special measures available to it under Section 311, as well as conditions rather than a prohibition under the fifth special measure, and concluded that a prohibition under the fifth special measure is the appropriate choice. Accordingly, FinCEN is issuing afinal rule imposing a prohibition on U.S. financial institutions from opening or maintaining a correspondent account for, or on behalf of, FBME in place of the rule published on July 29, 2015. FinCEN’s imposition of a prohibition under the fifth special measure will guard against the international money laundering and terrorist financing risks that FBME poses to the U.S. financial system. This rule will take effect 120 days from the date of publication in the Federal Register.
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Le 16.07.13 17:10, « Iliyas Khrapunov » <[email protected]> a écrit :
>We need to work on this and find the right answer. We could easily >provide tax returns of mr. Glatz, his valuations and presantations of >his companies.
>
>Sent from my iPhone >
>On 16 Jul 2013, at 17:05, "Nicolas Bourg" <[email protected]> wrote: >
>> Hi Iliyas, >>
>> The loan was refused from Black see bank for Nicki beach as you can >> see here under.
>> We are trying to find a solution with another bank. >>
>> Best >>
>> Nicolas Bourg >>
>> Chief Executive Officer >> >> >> >> >> SDG Investment Fund >> >> >> >>
>> Le 15.07.13 17:21, « Kevin Meyer » <[email protected]> a écrit : >>
>>> Cher Mr Bourg, >>>
>>> Je vous appelle dans 5 mn pour parler de l'email ci-dessous >>> >>> Kevin Meyer >>> >>> SDG Investment Fund >>> 20, Rue Philippe-Plantamour >>> 1201 Genève >>> >>> M +41 78 637 52 49 >>> T +41 22 545 03 51 >>> >>> >>> ---Original Message---
>>> From: Michael Tsirikos [mailto:[email protected]] >>> Sent: lundi 15 juillet 2013 17:09
>>> To: Kevin Meyer
>>> Subject: FW: Financial Report SDG Capital >>>
>>> Hi Kevin, >>>
>>> Just saw your email and I also wanted to touch base with you today, >>>as I received the below and attached from BSTDB
>>>
>>> Can I give you a call at 6pm your time as am in another call now? >>>
>>> Many thanks, >>>
>>> Michael >>>
>>> ---Original Messag e--- --
>>> From: Alexey Alekseev [mailto:[email protected]] >>> Sent: Friday, July 12, 2013 11:49 AM
>>> To: Michael Tsirikos
>>> Subject: FW: Financial Report SDG Capital >>>
>>> Dear Michael, >>>
>>> Following our conversation of today, I am forwarding you SDG >>>consolidated financial statements:
>>>
>>> 1) SDG has negative equity of CHF 28.5 million. To get involved in a >>>project finance deal with a sponsor that is technically insolvent >>>would not be prudent.
>>> 2) Please see Note 2. Scope of Consolidation of the auditor's report >>>that lists subsidiaries that were used for consolidation. If you >>>compare this list with the companies mentioned in the attached >>>newspaper article, you will find many similaries. The new ultimate >>>owner of SDG is said to be Mr. Philippe Glatz. Greencos S.A., the >>>company through which Mr. Glatz acquired SDG, has a charter capital >>>of CHF 100,000 and its financial strength is estimated by D&B at CHF >>>90,000. How and where Greencos and Mr. Glatz found the CHF 10 >>>million that was used to recapitalize SDG is unclear. I am not >>>persuaded that there's been any real change in the ownership of SDG. >>>
>>> Based on the above, I cannot return the project to our pipeline. >>>
>>> I will be away from the office next week but you could always call >>> my mobile. >>> >>> Regards, >>> >>> Alexey >>> >>> >>> --- Original Message---
>>> From: Kevin Meyer [mailto:[email protected]] >>> Sent: Wednesday, June 19, 2013 8:56 PM >>> To: Alexey Alekseev
>>> Cc: Cesare Cerrito
>>> Subject: Financial Report SDG Capital >>>
>>> Dear Mr. Alekseev, >>>
>>> As requested, please find attached the YE12 financial reports for >>> SDG Capital, the Swiss entity holding the Luxembourg SPV Porto Heli. >>>
>>> As you might notice, the reported losses of the Group represent a >>> significant amount. Nevertheless, this amount is not representative >>> of the activity of SDG Capital for the following reasons:
>>>
>>> - Due to the accounting methods used (Swiss GAAP), the Group's >>> activities is mainly driven by capitalized assets - indeed, the real >>> estate activity is reflected in the asset segment of the balance >>> sheet;
>>>
>>> - Reported losses are mainly linked to elements which can't be >>> activated due to the accounting principles at hand (e.g. marketing >>>expenses, VAT, Opex) and off-balance-sheet elements - indeed, the >>>sales already completed on the Du Parc Hotel project are not yet >>>reflected in the accounts, the Swiss system requiring the official >>>notary acquisition report to be executed before the sale can be >>>accounted for.
>>>
>>> - Finally, the market value of the assets is not presented in the >>> financial statements. Each asset is reported at cost, and does not >>> represent the actual current value of the assets.
>>>
>>> For all the above reasons, you will understand that the financial >>> statements presented in attachment do not convey a representative >>> portrait of the accounts, as could be the case had international >>> accounting standards been used.
>>>
>>> Please do not hesitate to contact me or Mr Cerrito (CFO, cc'd) if >>> you have any question.
>>> >>> Regards, >>> >>> Kevin Meyer >>> >>> SDG Investment Fund >>> 20, Rue Philippe-Plantamour >>> 1201 Genève >>> >>> M +41 78 637 52 49 >>> T +41 22 545 03 51 >>>
>>> The information contained in this communication is fully >>>confidential and intended for the named recipient(s) only. In case >>>you are not an intended recipient, you are hereby (a) strictly >>>forbidden from copying, distributing this email or taking any >>>further action relating to it, and
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>>> (b) kindly requested to notify the sender and delete any copies >>>immediately. We undertake no responsibility for the accuracy, >>>completeness and absence of virus in this communication or any of its >>>attachment(s). Unless otherwise stated, any views or opinions >>>presented herein are solely those of the author. This email is >>>intended for informational purposes only and is not a solicitation >>>or offer to buy or sell any participation or financial instruments. >>
>> The information contained in this communication is fully confidential >>and intended for the named recipient(s) only. In case you are not an >>intended recipient, you are hereby (a) strictly forbidden from >>copying, distributing this email or taking any further action relating >>to it, and
>>(b) kindly requested to notify the sender and delete any copies >>immediately. We undertake no responsibility for the accuracy, >>completeness and absence of virus in this communication or any of its
>>attachment(s). Unless otherwise stated, any views or opinions >>presented herein are solely those of the author. This email is >>intended for informational purposes only and is not a solicitation or >>offer to buy or sell any participation or financial instruments.
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File: 2015-03-22_11-03-30_144.wav Page1 of22
Date of Translation: June 30, 2015
TRANSLATION OF FILE: 2015-03-22_11-03-30_144.wav
Date of Translation: June 30, 2015
--
Nicholas Boeck [spelling unclear]: Um, it’s 11 am... 22 of March in New York City, Manhattan, 5th Avenue between, um, 38th and 37th Street. On the Landmark Hotel. Meeting with Joe Chetrit… and of
course myself, Nicholas Boeck.
[pause and walking in/out of room]
Nicholas: He’s downstairs, I’m going to go get him, alright? Hold the table for 2 minutes.
Female Voice 1: [unclear]
Nicholas: Yes... As you wish. No, no. Go ahead, go on. You keep holding the table.
Female Server 1: No, there is no reserving the table, sir.
Nicholas: No, I come back. I need the table because I have a meeting with another person.
Female Server 1: No, I have to close because they’re starting brunch service. So I’m leaving a nd another server is staying.
Female Voice1: So it’s possible to keep the table?
Female Server 1: Yes.
Female Voice: Did you do the thing?
Nicholas: Guess there’s no point in staying here, then? Um... bye.
Waiter: Take care.
Nicholas: Um [clearing throat]
[walking sounds]
Nicholas: Yeah. Kiss.
[walking sounds]
Nicholas: Doing well.
Joe: Still not tired?
Nicholas: No, still not tired! Ha ha! [laughter] I’m well, and how are you?
Joe: [unclear] it’s good.
Nicholas: It was a few years back, no? Joe: Yes.
File: 2015-03-22_11-03-30_144.wav Page2 of22
Date of Translation: June 30, 2015
Nicholas: It was Cetel years ago, no?
Joe: Yes. [unclear speech pattern]
Nicholas: Oh yeah? They argued right? What’s the story? It’s not the people from Cetel [unclear] that didn’t agree and then...
Joe: No. It’s another hotel... What’s it called... Lander... Landers... yes.
Nicholas: Yes, that’s right!
Joe: These are people coming out of Chicago.
Nicholas: OK.
Joe: They sold something in Chicago.
Nicholas: Ah, so it’s an American chain...
Joe: [inaudible]
Nicholas: Ah yes, this one? Ah yes.
Joe: They had exact plans made. They had plans [inaudible]. We were supposed to build, they came. It was another Italian group.
Nicholas: Oh really. But when it opened, wasn’t it Cetel?
Joe: Yes, it was Cetel [inaudible]
Nicholas: So they basically sold the business then?
Joe: Yes
Nicholas: Once it was built… And are there still apartments here?
Joe: …
Nicholas: Ah, how much is it?
Joe: [inaudible] I don’t know. It must be 2500 per foot I think. At the beginning, it was something like 130 0 [unclear]… So, everything’s good? The kids?
Nicholas: Yeah, everything’s fine.
Joe: Moving on to the second phase?
Nicholas: Yeah… it didn’t go well with Virginie because... of a lot of problems, difficulties, and... We weren’t able to save things [the relationship]. She was never happy. Never, never happy, you see. You could say that. I did what I could, in any case. But uh... With the problems we had, with Elias, etc. I went through some difficult times. And… it wasn’t…
Joe: Are you done now?
Nicholas: With whom? With her? No, it’s still under way… She wants to live in Paris.
File: 2015-03-22_11-03-30_144.wav Page3 of22
Date of Translation: June 30, 2015
Joe: Huh?
Nicholas: She wants to live in Paris.
Joe: [inaudible]
Nicholas: Well, she’s French, but uh... For me, I don’t like that too much for my son, you see? Paris isn’t for a small child like that, you see? I don’t know...
Joe: So now she lives in Paris?
Nicholas: Not yet…
Joe: And you’re between Switzerland and...
Nicholas: I’m closing Switzerland. I’m leaving Switzerland.
Joe: You’re leaving. To go where?
Nicholas: I don’t know. Brussels, I still have my home in Brussels. Maybe New York.
Joe: What?
Nicholas: Maybe New York.
Joe: It was a difficult year.
Nicholas: What?
Joe: It was a difficult year. Many things all at once, huh?
Nicholas: Yes, it’s been a difficult year! Well, listen... uh, I have.... how should I say… for them… f or Elias, it hit him hard. Since the stepfather is still in prison… they underestimated their enemies... they realized for business it was impossible, they had funds transferred, etc., it was [unclear]...
Joe: And is Pedro in Switzerland?
Nicholas: Yeah, he hasn’t moved.
Joe: He can’t…
Nicholas: Well, he’s being sought by Interpol.
Joe: Pedro himself?
Nicholas: Yes, Pedro. He is, well, not being sought by Interpol but he is on their list. But he has, um, a deal with Switzerland. With the investigating judge in Switzerland. So he can’t leave Switzerland. So, it’s…
Joe: Coming at you from all sides…
Nicholas: Well, for us anyway, I mean, I don’t really know anymore, because I’m no longer involved in