Dear , friend
Thank you for your response to my proposal and your willingness to assist us in this
transaction. Having discussed with my colleagues and deliberated on the way forward, I have decided to give you details of this transaction. But before proceeding to give you details of this project and the modalities for its conclusion, it is pertinent to address a very important issue, which if not properly tackled, could cause an impediment to the progress of this transaction. This issue is CONFIDENTIALITY".
We believe that its importance cannot be over emphasized, taking into consideration the very nature of this transaction. Very many people in my country and I’m sure also in yours, will do a lot of things to get their hands on the kind of money we are talking about so we must exercise all forms of caution.
Apart from this, the fact that its direct participants (i.e. we) are career civil servants who are still in active government service and would not want our image tarnished or jeopardized is most important. We have been given the kind of position people wait a lifetime to attain. On our part, we are totally disposed to maintenance of absolute confidentiality, and we cannot perform less.
We therefore ask you to equally adhere to this collective wish. Be rest assured that this project is risk free and fail proof to all intents and purposes.
Being members of the Contract Review panel(CRP), we are privileged to have at our disposal the necessary instruments required for the realization of this project. We are also the body empowered with the statutory responsibility of giving advice on all issues pertaining to previous foreign contracts payment. And as we have unlimited access to all past foreign contract payment files, if you follow our instructions religously, within the next 5-10 working days this transaction will be concluded and the money paid into your account. You must however understand that for our desired success to materialize, you must follow our instructions strictly and promptly.
We have the necessary contacts and have also made financial provisions to ensure that all possible bottlenecks at our end will be sorted. The way the contract was structured, the contractors were fully paid with 60% of the total contract sum as mobilization fees and this was used to conclude and commission the project.
The balance of 40%, which is what we are now trying to claim, was to go to their Nigerian counterparts as gratification as this was the usual practice at that time but due to changes in the political climate which led to a reshuffle in government, the parties involved in the transaction no longer had the necessary leverage to process the remittance of the excess amount outside the country.
Apparently this sort of practice was very rampant in my country at that time. Some people made a lot of money and some others could not conclude their transactions and thus a lot of dedicated funds have been lying idle in the foreign payments accounts at the Debt Management Department of Nigeria. Contracts of this nature are what the Contract Review Panel was set up to investigate and we the members of the panel, we have developed and perfected a process of getting some of these funds for ourselves.
Our good fortune is that we have been given the responsibility of deciding which claims are legitimate and which are not. You must understand that this kind of money can change many a mans life and we do not want this opportunity to pass us by. It is our hopes that you will be instrumental in assisting us achieve our dreams.
1.
To commence this project, with your banking information, we shall put up a payment claims application to the Federal Ministry Of Environment (FME) issuing the mandatory fund release approval/recommendations in your favor prior to the remittance of the funds to your nominated bank account. We shall also register your company and pay the necessary taxes for this over here as required by law. All these shall be backdated. On paper,we shall ensure that it appears your company carried out the contract.
11
This is the most important aspect of the project because it is at this stage that the
all-important and vital fund release approval/recommendations from the Federal Ministry of Finance are issued. Once they are issued,it means that over 80% of the processes of the fund transfer have been concluded.
However, you can be rest assured that we have set up perfect machinery in motion to ensure that they are issued in your favor without fail. In fact the respective Directors-general in charge of the respective ministries responsible for the issuance of
these funds release approvals/recommendations have committed themselves to issuing these approvals.
III
From our enquiries so far, we were reliably informed that in accordance with foreign
payments regulations and guidelines (as promulgated in Decree 21 of 1979, reflecting
Nigeria Contract Law/Payment Act 2, Sub-section4-5 and as amended in September 1994),beneficiaries at the final stage of their contract payments are expected to come forward to the office of the Foreign Operations Unit of the Federal Ministry of Finance of Nigeria for proper identification as the recognized beneficiary.
However, the “Provision Ordinance Act” on foreign payment guidelines permits beneficiaries to observe their final signing via any of the following options.
OPTION 1
The Federal Government of my country in accordance with the Federal Ministry of
Finance(FMF) has a new provision in the constitution of my country, where by a foreign contractor that is unable to come to the office of the FMF here in Nigeria for
authentification and Verification on health grounds can be exempted and allowed to use any of their offshore Centers across the globe ,that is operational as at the time of request.
OPTION 2
The new constitution also gives room for a contractor to get a legal representative, that must be a Federal Government accredited Attorney to sign on his behalf.
OPTION 3
This option, you can apply for Non -Appearance.
From the above options I will want you to choose the one that will be convenient for you so that we can start working on that option immediately as you know we have limited time to conclude this project, once you indicate this I will prepare a text application you will use in making the application.
The FMF was set up by the Federal Government of Nigeria to reconcile debts owed to foreign contractors, and remittance of such funds to the beneficiary’s nominated account upon signing the final fund release documents using any of the above options. This arrangement is for contractors who by circumstances beyond their control cannot come to Nigeria for the signing of the final fund release documents. On approval of the application by FMF,the fund will be transferred and confirmed within 72 hours after the endorsement exercise is completed. We will arrange to be with you after you have confirmed to us that the money is in your account for disbursement as initially stated,(see below).
(i)Contract sum = $27.3M US Dollars,
(ii)Nigerian partners = 70%,
(iii)Foreign partner (i.e. yourself) = 25%
(iv)Contingency/Expenses = 5%
We will be ready to share the money as soon as it is wire-transferred into your nominated account. However, if you decide to help us supervise our investment plan, we will appreciate this and discuss your payment for it. I dare to say that it is because of the unbridled corruption going on in my country that this project is possible. If we must succeed, then we must all summon the courage needed to bring this project to fruition. My colleagues and I have been working out the modalities for two years and all is in place to achieve our goal. You must therefore be ready to assist us hole heartedly.
Full audit report will normally be sent with the wire-transfer papers to your bank from
the FMF. This will handle source and application of the incoming money and explain all tax details to your revenue service. So you do not need to worry about discussing
with your bankers for now. At the right time I will ask you to inform them.
HOWEVER,YOU CAN PRESENT A NEW ACCOUNT OR A ZERO BASE ACCOUNT FOR THE PURPOSE OF THIS TRANSACTION.
I assure you that if you maintain the required confidentiality, the project will be
successfully concluded. Remember that all calls to me must be direct. No operator assisted calls.
Please below is a specimen of application that I will want you to transcribe to your
company letterhead paper and fax back to me so that we begin processing of the funds to your account. Call me so that we can discuss further.
Best regards.
John Osakwe.
NB: Also note that the fax number 1 806 737 4621 is an American fax only number. Use this email address for all further correspondence.
SPECIMEN APPLICATION, WHICH YOU SHOULD TRANSCRIBE ON YOUR LETTERHEAD WITH YOUR NOMINATED
BANK ACCOUNT INFORMATION AND FAX BACK TO ME
To: The Group Managing Director
Federal Ministry Of Environment,
Central Business District,
Herbert McCauley Way, Abuja, Nigeria.
Attn: Dr. Imeh T. Okopido.
Dear Sir,
RE: CONTRACT NUMBER-FMEnv-DPR-3401/PED/2001. SUPPLY COMMISSIONING OF 2,320 UNIT Y2K PERSONAL COMPUTER, 602 PRINTERS, 10 PLOTTERS AND ACCESSORIES FOR PORT HARCOURT REFINERY AND COMPUTER OPTIMIZATION FOR PLANTS "A" TO "D" AT PORT HARCOURT REFINERY.
We refer to the above mentioned contract number, and wish to inform you that the
settlement of this bill has been due since November 1999.
We are hereby submitting the bill for immediate settlement. Due to the delay in the
settlement of this bill since 1999, we have been unable to meet with our obligations to
our bankers and creditors who financed the project. Please effect payment of the capital sum above, plus interest accrued, calculated at 10% per annum from the 4th of November 1999 to the date of final payment. Payment should be made by telegraphic transfer, through any of your first class correspondent banks in the United States of America or Great Britain.
I ............ President/CEO of ......... Hereby confirm that the Federal Ministry Of
Environment is yet to remit our total outstanding sum of Twenty Seven million Three
hundred thousand united states dollars only (US$27,300,000.00). Kindly remit the above
total amount in full via telegraphic/electronic transfer to our bankers below:
BENEFICIARY NAME_______________________________
NAME OF COMPANY________________________________
COMPANY ADDRESS_________________________________
TEL: ____________________________________________
FAX: ____________________________________________
NAME OF BANK: ___________________________________
ADDRESS OF BANK: __________________________________
ACCOUNT NAME: __________________________
ACCOUNT NUMBER: _____________________________
SWIFT CODE: ________________________________________
BANK TELEPHONE: ___________________________________
BANK FAX: _____________________________
Please expedite action on this matter, to enable us update our records with our Federal Ministry Of Environment (FMEnv) and meet our obligations to our Bankers and other creditors
Oh yeah, he wants me to give him my bank account number. Does he think I'm stupid?
You can already see how confidential this is.
