Showing posts with label corruption. Show all posts
Showing posts with label corruption. Show all posts

Monday 4 April 2016

Australian-based companies investigated in international bribery scandal


The story so far......

In 2010 Leighton Holdings Limited thought it was a good idea to employ a 'door opener' to assist in gaining big ticket international contacts through one of its entities Leighton Offshore.

Four years later both the 'door opener' and Leighton were under investigation across multiple jurisdictions for allegedly corrupt conduct, as contractor and sub-contractor the pair had fallen out and a British court ordered the company to pay an additional est. US$18.37 million to its 'door opener' and, the company's credit rating had slumped. 

The then sixty-five year old company was taken over by Spanish multinational 
Actividades de Construcción y Servicios (ACS) and, in 2015 its name changed to CIMIC Group Limited. 

A rough timeline of corruption allegations reported in the mainstream media.......

The Huffington Post, 31 March 2016:

The letter arrived via snail mail, and read like a page from a Le Carré spy thriller. If my newspaper and I wanted to expose a corporate bribery scandal involving the biggest names in the oil business, the anonymous sender wrote, I should place an advertisement in the real estate section of French newspaper Le Figaro in July 2015.
The advertisement must include the code word "Monte Christo".
The sender wanted to protect his identity, and perhaps ensure I was a journalist committed to following a lead around the world. Whatever the intention, his proposition was too intriguing to ignore.
Also piquing my interest was the mention of a mysterious company called Unaoil, run by the wealthy Ahsani family of Monaco……

Unaoil Group legal letter of 29 March 2016 to Fairfax Media Publications:
The Age, 31 March 2016:

A massive leak of confidential documents has for the first time exposed the true extent of corruption within the oil industry, implicating dozens of leading companies, bureaucrats and politicians in a sophisticated global web of bribery and graft.

After a six-month investigation across two continents, Fairfax Media and The Huffington Post can reveal that billions of dollars of government contracts were awarded as the direct result of bribes paid on behalf of firms including British icon Rolls-Royce, US giant Halliburton, Australia’s Leighton Holdings and Korean heavyweights Samsung and Hyundai.

The investigation centres on a Monaco company called Unaoil, run by the jet-setting Ahsani clan. Following a coded ad in a French newspaper, a series of clandestine meetings and midnight phone calls led to our reporters obtaining hundreds of thousands of the Ahsanis’ leaked emails and documents.

The trove reveals how they rub shoulders with royalty, party in style, mock anti-corruption agencies and operate a secret network of fixers and middlemen throughout the world’s oil producing nations…..

Fairfax Media and The Huffington Post today reveal how Unaoil carved up portions of the Middle East oil industry for the benefit of Western companies between 2002 and 2012.

In part two we will turn to the impoverished former Russian states to reveal the extent of misbehaviour by multinational companies including Halliburton. We will conclude the three-part investigation by showing how corrupt practices have extended deep into Asia and Africa….

Western firms involved in Unaoil’s Middle East operation include some of the world’s wealthiest and most respected companies: Rolls-Royce and Petrofac from Britain; US companies FMC Technologies, Cameron and Weatherford; Italian giants Eni and Saipem; German companies MAN Turbo (now know as MAN Diesal & Turbo) and Siemens; Dutch firm SBM Offshore; and Indian giant Larsen & Toubro. They also show the offshore arm of Australian company Leighton Holdings was involved in serious, calculated corruption.

The leaked files reveal that some people in these firms believed they were hiring a genuine lobbyist, and others who knew or suspected they were funding bribery simply turned a blind eye.

But some knew much more. A handful of senior insiders at firms such as Spanish company Tecnicas Reunidas, French firm Technip and drilling giant MI-SWACO, not only actively supported bribery but pocketed their own kickbacks; US defence giant Honeywell and Australia’s Leighton Offshore agreed to hide bribes inside fraudulent contracts in Iraq; a Rolls-Royce manager negotiated a monthly kickback for leaking information from inside the British firm. [my red bolding]

Rest of the article here.

The Sydney Morning Herald, 31 March 2016:

The latest revelations show Unaoil's campaign of corruption spread across the former Soviet states. Leaked Unaoil files reveal that one of the crooked middlemen, Stefano Borghi, who worked with Unaoil in Kazakhstan, was also working with Australian firm WorleyParsons around 2008.

In conjunction with Unaoil, Borghi paid kickbacks to the senior managers who oversaw oilfield contracts. The oilfields were jointly managed by the Kazakhstan government and Italian international oil company Eni.

In return for bribes, Eni managers leaked inside information and rigged tender committees to assist Borghi and Unaoil's multinational clients.

The leaked files revealed that in 2008, Borghi and Unaoil stood to make hundreds of thousands of dollars if they helped a consortium led by WorleyParsons to win a multimillion-dollar contract.

"In case of award to PARSONS or any third party represented by PARSONS, ECO [Unaoil's British Virgin Islands company] shall be entitled to receive a fee equal to 1% (one percent) of the total price of the portion of the contract awarded to PARSONS," a leaked Unaoil memo states.

Another email shows that, in 2007, a senior WorleyParsons manager used Borghi to find out confidential information in Kazakhstan through "the back door".

At the time, Borghi was bribing a corrupt Eni manager whose job was to oversee several large contracts in Kazakhstan. The manager, Diego Braghi, was leaking sensitive information from a tender committee that was considering whether to award the WorleyParsons' consortium a contract on the Kashagan oilfield.

Managers from the consortium asked Borghi to leak information about their competitors, and to get other forms of assistance from tender committee insiders.

Unaoil regarded WorleyParsons as a company able to pay middlemen huge sums to win contracts. Other firms, including US giant KBR, had scaled back these practices due to concerns over corruption.

"WP [WorleyParsons] do not have any of the constraints that kbr … do now and can pay serious fees," Unaoil's memo says.

In the end, for the WorleyParsons manager handling the transaction, this preparedness to do the wrong thing paid off. Worley beat their competitors and won the contract.

In a statement, WorleyParsons confirmed that "Stefano Borghi was an employee of an agent of WorleyParsons."

"At the time the agency agreement was put in place, WorleyParsons had in place rigorous processes to select and appoint agents who provide services to the company," the company said. [my red bolding]

The Sydney Morning Herald, 31 March 2016:
The revelations place intense pressure on the Turnbull government to respond to corporate corruption scandals with the same ferocity they have attacked corrupt unionists. Labor senator Sam Dastyari and independent Nick Xenophon have revealed they will bring forward to April a Senate inquiry into corporate bribery and seek to force allegedly corrupt executives to testify. 

The inquiry will intersect with the Turnbull government's push to pressure the Senate into reviving the Australian Building and Construction Commission. [my red bolding]

Excerpt  from Google Translate’s version of 31 March 2016 Monaco Government press release:

Communiqué of the Department of Legal Services of the Principality of Monaco

Following an urgent request for international judicial assistance in criminal matters from the Serious Fraud Office (SFO) in the UK, and in accordance with international agreements signed by the Principality of Monaco, it was conducted searches at the homes of officers of the Monegasque company UNAOIL and headquartered in the Principality. The leaders of this company were also heard on 29 and 30 March 2016. 

These investigations and hearings were conducted in the presence of British officials, as part of a vast corruption scandal with international ramifications involving many foreign companies operating in the oil sector.....

In continuing fallout from the joint Fairfax Media-Huffington Post investigation into corruption in the oil industry, the Monaco government revealed that it had raided the homes and offices of Unaoil's principals, who ran the company exposed as the global bagman for the oil industry.

Unaoil executives "were also interviewed… in the presence of British officers in connection with a case of vast corruption with international ramifications that involves many foreign companies active in the petroleum sector," the Monaco government's statement said.

Fairfax Media revealed on Thursday that the British police had teamed up with the Australian Federal Police, the US Department of Justice and the FBI to investigate the vast cache of leaked Unaoil emails on which our stories have been based.

Unaoil was hired over almost two decades by large multinational firms, including the offshore arm of Australia's Leighton Holdings, to pay bribes to top overseas officials in return for winning government funded contracts in oil-rich nations.

Fairfax also revealed that the chief executive of Primary Health Care, Peter Gregg, was under criminal investigation over a $15 million payment he allegedly made in a former job as chief financial officer of Leighton Holdings.

He appears to have signed documents making the payment to a United Arab Emirates firm, Asian Global Projects and Trading, to guarantee the supply of steel to the Australian construction giant at "preferred and commercially beneficial" prices. No steel was ever supplied and Fairfax Media has obtained documents revealing the Dubai company that received the money has engaged in bribery and money laundering……

Read the rest of this article here.

The Age, 1 April 2016:
Questions are emerging about how Unaoil operated for so many years with impunity, using bank accounts in New York and London to launder funds and pay bribes between 2000 and 2012, possibly more recently…..

Many of Unaoil’s crooked deals were organised in London, or used UK and US linked middlemen, bank accounts and shelf companies. British authorities appear to have been in the dark about Unaoil and the Ahsanis, who also operate a London property investment company. The British foreign office has even assisted Unaoil overseas, giving Unaoil and its executives briefings and support.

Boing Boing, 2 April 2016:

By week's end, police in the UK, US and Australia announced criminal investigations against top executives, and the Monaco police raided Unaoil's HQ.
But the BBC -- a national broadcaster charged with impartially reporting on the news -- has literally never mentioned Unaoil in any of its online news coverage. Many of the companies involved in the scandal are headquartered in the UK, and some, like Rolls-Royce, are practically synonymous with British industry. Meanwhile, the news coverage has described how Unaoil used the City of London as its go-to money laundry.

The Huffington Post, 4 April 2016:

Halliburton, KBR and other corporate conglomerates relied on Unaoil to deliver them lucrative contracts with corrupt regimes in oil-rich nations. But without the help of banks like HSBC and Citibank, none of Unaoil’s operations would have been possible.
Both Citibank and HSBC declined to comment on whether Unaoil or the Ahsani family, who own and operate the firm, remain their clients.

HSBC and Citibank have histories of corruption. In 2012, HSBC was fined $1.9 billion for laundering drug money and violating U.S. sanctions against Iran. In 2015, it paid Swiss authorities $43 million to settle allegations that it helped the global elite illegally dodge taxes. Citibank was fined $140 million last year for violations of money laundering laws related to its work with an energy company involved in a bribery scandal with the Mexican government. The bank is currently being investigated for its role in the bribery scandal at FIFA, the international soccer organization.

BACKGROUND

The Sydney Morning Herald, 18 November 2013:
Damning evidence has emerged in a court case linking construction firm Leighton Holdings to allegedly corrupt payments of "not less than $25 million in marketing fees" to a Monaco firm to help win Iraq government projects, even though the projects required no marketing.
Leighton's own lawyers recently labelled these payment agreements as "vague and uncertain", while corporate corruption expert Dr Kath Hall, Associate Professor at the ANU College of Law, said they were risky and compared them to the dealings of AWB Limited in Iraq over a decade ago.
Files from the British High Court of Justice case reveal that the fees were contained in deals, known as Memorandum of Agreements (MOAs), struck between Leighton's offshore business and another company, Unaoil, in the last half of 2010 and in early 2011 and aimed at securing oil pipeline contracts in the south of Iraq.
Unaoil operates out of Monaco but is incorporated in the British Virgin Islands, a tax haven with an opaque banking system.
The Unaoil deal is one of two deals linked to the Iraq projects in 2010 - the second involving UAE company Oceanking - that Leighton insiders now concede should have never been struck because they involved payments for services that were undefined and vague.
Leighton only referred the deals to police in November 2011, after external lawyers discovered company files outlining allegations of bribery in Iraq.
The two deals were overseen by former Leighton International director David Savage and former top executive Russell Waugh.
Unaoil has alleged in its court case that the MOAs required the Australian firm to pay pay Unaoil "a minimum price for construction and marketing of $US55 million" in the event that the Iraqi government awarded Leighton the second pipeline contract.
"Furthermore, the parties agreed that Unaoil shall be paid an additional marketing fee of 5 per cent of any amount that Leighton receive on the [Iraq] Project above $US500 million."
"For the avoidance of doubt, the marketing fee paid to Unaoil shall not be less than $US25million."
In documents lodged in court in April this year, Leighton's barrister Sean Brannigan, QC, rejected Unaoil's demands, stating that the MOA between Leighton and Unaoil was "so vague and uncertain that it cannot be given contractual force"
.As federal police bribery investigators continue to investigate Leighton's Iraq dealings, several figures closely associated with Leighton said the MOAs should never have been drawn up. Most corporate anti-corruption programs warn that ''marketing fees'' may be used as a vehicle to pay bribes in overseas business deals.
Former Leighton chief executive Walk King, who departed Leighton at the start of 2011, was also on the board that oversaw Leighton Offshore's initial Iraq contract and initial MOAs with subcontractors.

Mr King said that he had no knowledge of or involvement in the ''so-called second contract'' in Iraq, which is the subject of the British legal dispute between Leighton and Unaoil. [my red bolding]

AFR Weekend, 10 October 2013:

WorleyParsons chief executive Andrew Wood has seized on Leighton Holdings’ bribery allegations to stress his global engineering group will not tolerate any form of corrupt practices.
Amid concerns the scandal could damage WorleyParsons’ reputation, Mr Wood told investors that ethical behaviour was “paramount" to the company’s success.
“Recent revelations of alleged corrupt practices by Australian companies operating overseas we know is a concern to shareholders of a global companies such as ours," he said at WorleyParsons’ shareholder meeting in Sydney.
“I can assure you that at WorleyParsons we have zero tolerance of corrupt practices." Like Leighton, WorleyParsons only banned facilitation payments last year after the Australian Federal Police began an investigation in late 2011 into suspect payments made by Leighton to secure oil contracts in Iraq.

Excerpts from Memorandum of Agreement as set out in the Unaoil Ltd v Leighton Offshore Pte Ltd [2014] EWHC 2965 (Comm) judgment of 12 September 2014 which found in favour of Unaoil:

"MEMORANDUM OF AGREEMENT
WHEREAS
LEIGHTON OFFSHORE and UNAOIL respectively wish to record their irrevocable and binding agreement relating to their collaboration and co-operation in connection with the "IRAQ CRUDE OIL EXPORT FACILITY RECONSTRUCTION PROJECT reference EFP 0910100 (hereinafter referred to as the "PROJECT" and or "JICA") for SOUTH OIL COMPANY (hereinafter referred to as the "CLIENT") in Iraq.
NOW THEREFORE, it is on the basis of the foregoing premise being an integral part this MOA that the Parties hereto agree as follows:
ARTICLE 1 – PURPOSE OF THE MOA
In consideration of the mutual undertakings each Party gives to the other under this MOA, the Parties agree as follows:
1.1 To freely enter into this MOA, in collaboration and co-operation, whereby the Parties agree that such collaboration and cooperation is by way of a sole and exclusive contractor and sub-contractor relationship in respect of the above PROJECT for the UNAOIL Scope of Work (later herein defined).
1.2 That UNAOIL shall immediately following signature irrevocably commit to the further engagement of subcontract resources and the continued incurrence of costs in respect of the above PROJECT for the UNAOIL Scope of Work (later herein defined).
1.5 Save in so far as the Party's respective subcontract arrangements that may be necessary in order to support the purpose and intent of this MOA, or as otherwise expressly provided in this MOA, neither Party shall individually enter into any relationship which is substantially equivalent to that defined by this MOA, in connection with the PROJECT and the UNAOIL Scope of Work with any person or firm other than the other Party to this MOA. For the avoidance of doubt, neither Party shall, whether directly or indirectly, make any other tender to or agreement with the CLIENT or any other party with respect to a work scope that is substantially equivalent to the UNAOIL Scope of Work (later herein defined) on this PROJECT which would thus attempt to circumvent the purpose and intent of this MOA.
1.7 Nothing in this MOA shall create any entitlement whatsoever between the Parties, including any right to damages, costs or expenses in the event LEIGHTON OFFSHORE (or any one of it's [sic] existing or future group companies) is not awarded the contract for the PROJECT by the CLIENT.
ARTICLE 2 – IMPLEMENTATION OF THE MOA
The Parties agree to proceed as follows:
2.1 UNAOIL confirms that it together with any partners with which it works in connection with the PROJECT shall have, the requisite skill, experience, ability and available resources and that it meets, and all such partners shall meet, all requirements at law including holding of all relevant licences to execute the UNAOIL Scope of Work as is hereby subcontracted by LEIGHTON OFFSHORE to UNAOIL in accordance with this MOA.
2.2 Without further payment obligation unless and until LEIGHTON OFFSHORE (or any one of its existing or future group companies) is successful in securing the PROJECT from the CLIENT, LEIGHTON OFFSHORE hereby appoints UNAOIL (or by way of later assignment one of its existing or future group companies, subject to LEIGHTON OFFSHORE approval, which will not be unreasonably withheld or delayed) to be its sub-contractor for the execution of the onshore construction activities (as further defined in Exhibit 1 and 2) in connection with the PROJECT ("UNAOIL Scope of Work").
2.3 Other than those agreements set forth in this MOA, UNAOIL and LEIGHTON OFFSHORE will negotiate in good faith to agree the further terms and conditions of the subcontract for the UNAOIL Scope of Work with such terms and conditions to be on a back to back basis with the terms and conditions contained in the contract between LEIGHTON OFFSHORE and the CLIENT, to the fullest extent such terms and conditions may reasonably and proportionately be deemed applicable in the context of the subcontract and the UNAOIL Scope of Works…
2.5 LEIGHTON OFFSHORE and UNAOIL agree that UNAOIL Scope of Work shall be as set out in Exhibit 1 …
2.6 LEIGHTON OFFSHORE and UNAOIL agree to the commercial points of principle as set forth in Exhibit 3 hereto and, in so far as is necessary and without prejudice to the same, further agree that they will negotiate together in good faith to incorporate the said agreed principles into any further detailed terms and conditions of the subcontract.
2.7 LEIGHTON OFFSHORE and UNAOIL agree an all inclusive price of USD 75,000,000 (seventy five million dollars).
ARTICLE 5 – EFFECTIVE DATE
This MOA is effective and binding between the Parties as of the date of its execution under hand.
ARTICLE 6 – LAW AND DISPUTES
This MOA and any non-contractual obligations arising in connection with it shall be governed by and construed in accordance with the laws of England and Wales.
ARTICLE 7 – TERMINATION
Other than as set out hereunder in this Article 7, neither party shall have any further obligation to the other under this MOA after its termination. Article 3 CONFIDENTIALITY, Article 6 LAW AND DISPUTES and Article 7 TERMINATION shall accordingly remain in full force and effect after its termination. This MOU [sic] will terminate on the earliest of any of the following events occurring:
4. The award of the PROJECT to LEIGHTON OFFSHORE and entry by the Parties into (by mutual consent and formal execution thereof) of a subcontract agreement for the UNAOIL Scope of Work that includes a condition that expressly supersedes this MOA.
ARTICLE 8 –LIQUIDATED DAMAGES
8.1 If LEIGHTON OFFSHORE is awarded the contract for the PROJECT by the Client, and LEIGHTON OFFSHORE does not subsequently adhere to the terms of this MOA and is accordingly in breach hereof, LEIGHTON OFFSHORE shall pay to UNAOIL liquidated damages in the total amount of USD 40,000,000 (Forty million US dollars). After careful consideration by the Parties, the Parties agree such amount is proportionate in all respects and is a genuine pre-estimate of the loss that UNAOIL would incur as a result of LEIGHTON OFFSHORE's failure to honour the terms of the MOA.
8.2 Any liquidated damages payable under Article 8.1 shall be paid by LEIGHTON OFFSHORE to a bank account nominated by UNAOIL in instalments, with one initial instalment of USD 10,000,000 (Ten million US dollars) being made within 30 days of a written demand by UNAOIL, and the balance sum being paid in 14 equal instalments on a monthly basis, commencing in the month following the initial payment, or as may be otherwise agreed in writing between UNAOIL and LEIGHTON OFFSHORE.
ARTICLE 9 – CONTINUED SERVICE PROVISION
9.1 If LEIGHTON OFFSHORE does not subsequently adhere to the terms of this MOA and is accordingly in breach hereof, then notwithstanding and without prejudice to LEIGHTON OFFSHORE's obligation to pay liquidated damages to UNAOIL in accordance with Article 8 but subject always to the strict conformity and adherence of the agreed payment structure set forth therein, UNAOIL will continue to assist LEIGHTON OFFSHORE with the successful execution and completion of the PROJECT for the CLIENT and shall:
•    Provide local knowledge and advice on the preferences of the CLIENT, its partners, the government and governmental agencies.
•    Assist in arranging meetings and maintaining relations with the CLIENT, its partners, the government, governmental agencies and any other business representatives that are deemed desirable for the satisfactory completion of LEIGHTON OFFSHORE's contract.
•    Ensure LEIGHTON OFFSHORE is kept appraised of all requirements the CLIENT may have in relation to the execution of the contract.
•    Provide feedback and monitoring of performance of the CLIENT, its partners and others during execution to ensure a successful contract execution.
•    Provide assistance on possible change orders and guidance relating to invoicing procedures and billing issues if needed.
AGREED COMMERCIAL POINTS OF PRINCIPLE
2. Payment terms
The agreed payment terms are set forth below:
a. Non-refundable Advance Payment of 15.0% of the Fixed Lump Sum Price contained in Article 2.7, which shall be set against each of the Lump Sum Prices contained in Exhibit 2 UNAOIL's Unit Rates / Price Breakdown …
b. Within 30 days of (a) a Non Refundable Pipe Laying Equipment Asset Write Down and Mobilisation Payment of 7.5% of the Fixed Lump Sum Price contained in Article 2.7, which shall be set against each of the Lump Sum Prices contained in Exhibit 2 UNAOIL's Unit Rates / Price Breakdown.
c. Thereafter, monthly progress payments against actual progress of the Work Breakdown Structure activities on the balance of 72.5% of each of the Lump Sum Prices contained in Exhibit 2 UNAOIL's Unit Rates / Price Breakdown …
d.
e. With the exception of (a) and (b) above (which are payable on demand following the opening of the main contract LOC and the receipt of first funds by LEIGHTON OFFSHORE as set forth in (a) and (b)), the period of payment shall be no greater than 45 calendar days …
5. UNAOIL's approval as a subcontract
In the event of a written objection by the CLIENT to UNAOIL's engagement as a sub-contractor to LEIGHTON OFFSHORE, UNAOIL shall in a timely manner seek and obtain approvals for its continued engagement to perform the works as set forth in this MOA. For the avoidance of doubt, should thereafter UNAOIL's continued engagement remain unacceptable to the CLIENT, then notwithstanding the same both Parties hereby agree that UNAOIL shall always continue to be obliged to provide the services set forth in Article 9.1 and LEIGHTON OFFSHORE shall always be obliged, upon the continued provision of those services, to pay UNAOIL in strict accordance with the instalments set forth in Article 8.2. If at such time UNAOIL have already issued the Performance Bond set forth above and in Article 2.10, then LEIGHTON OFFSHORE hereby agree to return the same with a letter of unconditional release from obligation there under to UNAOIL's guarantor bank."

Up until June 2014, the Leighton Group delivered its services through a long-established structure, consisting of Leighton Holdings and five independent, overlapping Operating Companies, being: Leighton Contractors; Thiess; John Holland; Leighton Asia, India and Offshore; and Leighton Properties. In June 2014, Leighton announced a Strategic Review of its operations. This included a transformation of the business operating model. Henceforth the Group will deliver its services through four specialised businesses focused on construction, contract mining, PPPs, and engineering. Refer section titled ‘Strategic Review’ below for further details. The Group also has a 45% investment in the Habtoor Leighton Group, a Middle-East based construction company, and investments in other listed and non-listed entities. [Leighton Group, 2014 Annual Report, p.12]

On 13 February 2012, the Company announced to the Australian Securities Exchange that it had reported to the Australian Federal Police (“AFP”) a possible breach by employees within the Leighton International business of its Code of Ethics that, if substantiated, may have contravened Australian laws. The possible breach related to payments that may have been made by a subsidiary company Leighton Offshore Pte. Limited in connection with work to expand offshore loading facilities for Iraq's crude oil exports. The AFP is investigating the Iraq issue and the Leighton Group’s international business operations. In November 2013, Australian Securities and Investments Commission (ASIC) made public statements about its cooperation with the AFP in the AFP’s investigation. On 28 March 2014, ASIC informed the Senate Estimates Committee that it had commenced a formal investigation into potential breaches of the Corporations Act relating to a number of matters being investigated by the AFP. Leighton is cooperating with the AFP and the ASIC investigations. Leighton does not know when the investigations will be concluded. [ibid, p.106] [my red bolding]

The Sydney Morning Herald, 20 March 2015:
Leighton Holdings has confirmed it will change its name to CIMIC Group as the construction group's new Spanish owners try to distance themselves from corruption allegations, shedding an Australian brand that has existed for more than 60 years.
Leighton has asked shareholders to approve the name change at the company's annual general meeting in Sydney on April 21.
As exclusively reported by Fairfax on Thursday, Leighton Holdings lodged an application to trademark "CIMIC" with IP Australia, the government agency that administers intellectual property rights, on March 3.
CIMIC stands for Construction, Infrastructure, Mining and Concessions.
The name change follows the acquisition of Leighton by Spanish construction group ACS a year ago, and the subsequent restructure of the company…..
Leighton's name dates back 65 years to 1949, when the construction group was formed in Melbourne by Englishman Stanley Leighton.


UPDATE

Financial Review, 4 April 2016:

The Tax Office is investigating more than 800 high net wealth Australian clients of the controversial Panama law firm Mossack Fonseca, which is the focus of an unprecedented leak of tax haven records released globally.
More than 11.5 million documents have been leaked from Mossack Fonseca's files, revealing the secrets of hundreds of thousands of clients – including several thousand Australians – covering a period over almost 40 years, from 1977 until as recently as last December.
The release of the documents on Monday follows a 12-month investigation by media groups including The Australian Financial Review, led by the International Consortium of Investigative Journalists (ICIJ) in Washington.


Sunday 14 February 2016

Liberal MP Stuart Robert's resignation as Australian Minister for Human Services raises more questions than it answers


The following is a rough timeline covering the the not-so-illustrious political career of Stuart Rowland Robert, Liberal MP for Fadden (QLD) since 2007.

On 10 September 2010 Stuart Robert changed his Statement of Registrable Interests to reflect that he and his wife were no longer trustees for the Robert Family Trust and Robert Investments Family Trust, as well as ceasing to be directors and shareholders in Robert International Pty Ltd.

It is understood that new trustees are close family members of Robert.

For most of his parliamentary career to date Stuart Robert has not ventured overseas that often.

His first official overseas trip did not occur until 5 August 2009 as part of a parliamentary delegation to Timor Leste. His second was also as part of a parliamentary delegation – this time to the United Arab Emirates between 13-20 May 2011.

Robert’s third and fourth overseas trips covered six days in June and five days in October 2011. First as a representative of Australia during commemorative events in France and then on a study tour of South Africa. The two and a quarter page study report cost taxpayers $16,161.58.

Between 13 Feb to 17 Feb 2012 Stuart Robert was again overseas representing Australia in Singapore on behalf of Senator Michael Ronaldson. From 17 Oct to 21 Oct 2012 Robert was in Egypt for the 70th anniversary of the Battle of El Alamein, before travelling on to Uganda for seven days on another study tour. This second three-page study report cost $3,811.92.

In June 2013  then Shadow Minister for Defence, Science, Technology and Personnel  Stuart Robert hosted a small private dinner at Parliament House for a representative of a Chinese mining company, reportedly at the request of another guest, millionaire businessman Paul Marks

Besides Marks, guests at this dinner included Chinese billionaire Li Ruipeng, then Shadow Minister for Energy and Resources Ian Macfarlane and then Liberal National Party president Bruce McIver. Opposition Leader Tony Abbott and then Shadow Minister for Immigration and Citizenship & Shadow Minister for Productivity and Population Scott Morrison attended the dinner towards the end.


All the Australian politicians at this dinner reportedly received gifts of designer watches worth est. $250,000 in total.

Marks is frequently described as a close personal friend of Robert.

On 31 January 2014 mining exploration company Nimrod Resources Limited donated $500,000 to the federal Liberal Party of Australia.

In mid-August 2014 Stuart Robert accompanied Paul Marks to China allegedly to lobby the Chinese Government on his behalf in relation to the business interests of Nimrod Resources.

Robert did not bill the taxpayer for his flight to China. However, his return journey was via Singapore for the Singapore-Australia Joint Ministerial meeting and the Defence Ministers' Dialogue on 21 to 23 August. Therefore taxpayers funded the last leg of his journey home.

Nimrod Resources currently has three directors, Paul Marks (Executive Chairman), James Macaulay (Managing Director) and Robert Kingdon (Non-executive Director). Bruce McIver reportedly holds a 22 per cent shareholding in this company.

In early April 2014 Stuart Robert as Assistant Minister for Defence led a 7-day trade mission to Israel organized by the Australia-Israel Chamber of Commerce, of which Marks' brother Sam Miszkowski is understood to be a Queensland office bearer/member.

There were two other ministerial visits overseas in 2014 - one to Afghanistan and another to New Zealand & the United States.

On 30 June 2014 P. Marks Investment Pty Ltd  donated $431,631 to the federal Liberal Party.

Between April and June 2015 Paul Marks personally donated $340,000 to the federal Liberal Party.

To date the Marks family appear to have donated at least $1.47 million directly to the Liberal Party.

In late April to early May 2015 as Assistant Minister for Defence, Stuart Robert made ministerial visits to the United Arab Emirates, Iraq and the USA as part of a trade delegation.

By 2016 Chinese businessman Li Ruipeng is no longer a high-flying billionaire but is wanted by police in China for illegal fundraising and unpaid debts of est. $30 million and Robert may yet have to appear as a witness in a court case concerning the outcome of a Dubai land deal which went wrong.

On 12 February 2016 Australian Prime Minister Malcolm Turnbull released a press statement regarding Robert’s resignation as Minister for Human Services which said in part that: Mr Robert advised Dr Parkinson that at the time he travelled to Beijing in August 2014 he did not believe that he had any interest in or connection to Mr Paul Marks’ company, Nimrod Resources. In the course of assisting the investigation, Mr Robert advised Dr Parkinson that on checking his records he had become aware that shares in Metallum Holdings Pty Ltd, a company in which Mr Marks was also a shareholder, had been allocated to his trustee some time before the visit to Beijing. He told Dr Parkinson that this had been done without his knowledge. He further advised Dr Parkinson that he believed Metallum Holdings Pty Ltd had an interest in Nimrod Resources.

Metallum Holdings has an interesting history:

METALLUM HOLDINGS PTY LTD  ACN 160 273 763
Formerly Resource House Holdings Pty Ltd
Registered: 10 September 2012
Address: Office F1 Level 1, 47-59 Ashmore Road, Bundall QLD 4217
Sole Director: Paul Marks
Company Secretary: Robert Arthur Kingdon of Kingdon Lawyers
Number of Ordinary Shares: 10,000
Shareholders:
MIST CONSULTING PTY. LTD. – a Marks family company, trading as Friends of Israel (QLD), which donated $200,000 to the Liberal Party of Australia on 13 March 2014
ROMELL PTY. LTD.
P. MARKS INVESTMENT PTY LTD
Louise Edwards
Previous Shareholders:
INTERIMCO PTY LIMITED – company believed to be owned or part-owned by former Liberal National Party president Bruce McIver
JJ HOLDINGS (VIC) PTY. LTD.
OZEAN INVESTMENTS PTY. LIMITED
Tom Kotsimbos.

All this leaves two questions hanging after Stuart Robert’s resignation – exactly how often did Robert assist Marks family business interests in the last nine years and, how many other Turnbull Government ministers have helped Paul Marks in a similar fashion?

UPDATE

Herald Sun, 10 April 2016:

DUMPED minister Stuart Robert took his official Defence-issued mobile phone on his controversial private trip to China, potentially exposing the device to a breach of national security.

Phone records obtained using Freedom of Information laws reveal the then-assistant defence minister had the device in Beijing while there to witness mate and Liberal donor Paul Marks sign a deal with the ­Chinese government.

The phone records show Mr Robert’s phone was switched on and connected to Chinese and Hong Kong networks eight times on August 15, 2014, and a further four times on August 16.

Saturday 2 May 2015

Royal Commission warns woman Tony Abbott called "honest", "credible" and "heroic" that she may have to be examined further over alleged wrongdoing


Back in 2012 Australian Prime Minister (then Coalition Opposition Leader) Tony Abbott described then Secretary of the Health Services Union, Kathy Jackson, as honest, credible and heroic because her war with political adversaries was embarrassing the Labor Party.

Since then widespread allegations of fraud and theft have surfaced in relation to Ms. Jackson, as well as reports of other unusual financial arrangements.

So it is no wonder that The Australian reported on 27 April 2015 that:

Royal commissioner Dyson Heydon QC has warned his inquiry is far from finished with Kathy Jackson, saying she will have to demonstrate strong ­reasons why her tenure at the Health Services Union should not be examined further.

Reopening the royal commission investigating trade union governance and corruption yesterday, Mr Heydon said he was not convinced by arguments that he should refrain from making findings about the former HSU ­nat­ional secretary while the union pursued her in civil proceedings. The union’s new leadership has also referred allegations against her to Victoria Police.

“It must be stressed that the ­issues affecting Ms Jackson should be dealt with, unless good cause is shown for a contrary course,” Mr Heydon said.

“The desirability of dealing with some or all of the issues ­affecting Ms Jackson is something to be considered later this year. It may be necessary to debate the matter, for the submissions of Ms Jackson’s solicitor ­opposed that course.”

Jeremy Stoljar SC, counsel ­assisting the royal commission, last year recommended criminal charges against Ms Jackson for submitting a “false claim” when she negotiated a $250,000 payment from Melbourne’s Peter MacCallum Cancer Centre for the HSU after a dispute over workers’ back pay, but Mr Heydon held off making findings about this in his interim report.

He said yesterday that it was more convenient to deal with ­issues surrounding Ms Jackson’s conduct in one go in his final ­report, rather than separating them too soon.

The HSU’s case against Ms Jackson is due to be heard in the Federal Court in June…….

Tuesday 9 September 2014

NSW Independent Commission Against Corruption: Has the other shoe dropped for former premier Barry O'Farrell?


Retired as NSW Premier and Minister for Western Sydney effective 17 April 2014 and moved to the back bench after giving false evidence to the NSW Independent Commission Against Corruption, Barry O’Farrell Liberal MP for Kur-ing-gai for is recalled as a witness today.

The Sydney Morning Herald 9 September 2014:

Two weeks before the 2011 election, then opposition leader Barry O'Farrell announced a tax policy that benefited developer Brickworks while the company was allegedly bankrolling a researcher in his office and had secretly donated $125,000 to the Liberal campaign.
As Premier, Mr O'Farrell made good on the policy – to repeal a controversial property transfer tax – six weeks after the election.
The researcher, Matt Crocker, is now director of policy to Premier Mike Baird.
Mr O'Farrell is due to give evidence at the Independent Commission Against Corruption on Tuesday after the commission heard last week that Brickworks secretly funded Mr Crocker's position in his office while he was opposition leader.
Former Liberal fundraiser Paul Nicolaou told the commission that Brickworks paid for a researcher in 2009, 2010 and 2011 at a cost of $50,000 a year……
The ICAC has also heard Brickworks donated $125,000 to the Liberal-linked Free Enterprise Foundation, a federally registered organisation, which was then allegedly channelled back to the NSW Liberals for use in the 2011 state election campaign.
Brickworks is Australia's largest brickmaker but also has a property development arm. Property developers have been banned from donating to state election campaigns in NSW since late 2009.
Mr O'Farrell visited the Horsley Park headquarters of Brickworks subsidiary Austral Bricks on March 12, 2011.
During the visit Mr O'Farrell announced that if Coalition won the March 26 election it would repeal what he called Labor's "sneaky" home buyers tax – a levy on property transfers worth more than $500,000, announced by planning minister Tony Kelly in 2010.
Attending the announcement was a representative of the Property Council of Australia which had railed against the new tax as "a brake on investment" and "effectively ... a second stamp duty".
Six weeks after winning the election, Mr O'Farrell made good on his pledge to repeal the property tax with legislation introduced to the Parliament on May 9.
The repeal bill was introduced to the Legislative Assembly by Mike Baird, who was then the Treasurer and who became Premier in April this year after Mr O'Farrell resigned over giving false evidence to a previous ICAC inquiry…..

Monday 8 September 2014

NSW Independent Commission Against Corruption now has evidence before it that implicates members of the election campaign team which helped Tony Abbott become Prime Minister of Australia




Well it can no longer be ignored, the NSW Independent Commission Against Corruption now has evidence before it that implicates members of the election campaign team which helped Tony Abbott achieve his goal of becoming Prime Minister of Australia.

This is a section of the 2010 email (above) copied to Brian Loughnane, Federal Director of the Liberal Party of Australia and husband of Prime Minister Tony Abbott’s chief of staff, as well as Arthur Sinodinos who was then Honorary Treasurer of the NSW Division of the Liberal Party and a former chief of staff to John Howard when he was prime minister:



This email makes it clear that one property developer is unlawfully donating $25,000 to the NSW Liberal Party of Australia via the party’s federal associated entity, the Free Enterprise Foundation.

So will Brian Loughnane assert that he didn't read his emails in 2010 or will he, like Senator Sinodinos' lawyer, claim that routing unlawful donations to the NSW Liberal Party through the Free Enterprise Foundation was a legitimate action.

UPDATE

According to a report in The Sydney Morning Herald on 8 September 2014, Liberal Party MP for Mackellar and Speaker in the House of Representatives Bronwyn Bishop has been identified in evidence before the Operation Spicer investigation as being a director of the Dame Pattie Menzies Foundation Trust which received $11,000 from the Free Enterprise Foundation on December 9, 2010, which it then directed to the NSW branch of the party for use in the 2011 state election and The previous day, Mr Partridge has sent a cheque for $125,000 to the Free Enterprise Foundation with a note which read: "We trust this donation will provide assistance with the 2011 NSW State election campaign". Additionally, A $2000 donation to the Dame Pattie foundation from Australian Corporate Holdings, a company connected to Sydney property developer and sailor Syd Fischer, was also passed on to the NSW Liberals.

The same article also pointed out that:

Previously suppressed emails at a corruption inquiry raise serious concerns about major donors to the Liberal Party being rewarded with extraordinary access to senior party figures.
The emails are from the chief fundraiser of the NSW Liberal Party Paul Nicolaou to Peta Credlin, one of the most powerful figures in the federal government….
As well as being chief of staff to Prime Minister Tony Abbott, Ms Credlin is married to Brian Loughnane, the party's federal director.
The emails reveal that, in March 2011, while in Opposition, Ms Credlin was advised by Mr Nicolaou that the managing director of Brickworks, Lindsay Partridge, was "a very good supporter to the party".
 Brickworks was one of the largest corporate donors to the Liberal Party, giving a massive $384,000 in a nine-month period from July 2010 to April 2011.
As well as its brand Austral Bricks, Brickworks also lists property development as a core business. The ICAC has heard that Brickworks used the Free Enterprise Foundation, a shadowy Canberra-based organisation, to channel $125,000 in illicit donations  to the NSW Liberals for the March 2011 state election.