Three Individuals Have Been Sentenced For A Huge Fraud They Committed Against A Sovereign Wealth Fund

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Rahman Ravelli Solicitors
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Angelika Hellweger of financial crime specialists Rahman Ravelli outlines the risks such funds can face.
UK Criminal Law
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A UK fund manager and a Swiss banker have been jailed for defrauding a Libyan fund out of millions of dollars.

Frederic Marino, former chief executive of FM Capital Partners Ltd, and Yoshiki Ohmura, who had been a banker with Julius Baer Group AG, were sentenced to prison in their absence for defrauding the sovereign wealth fund, the Libya Africa Investment Portfolio. Marino was given a sentence of seven years and six months by a judge at Southwark Crown Court. Ohmura was sentenced to three years and six months.

Their co-defendant, former FM Capital Partners chief investment officer Aurelien Bessot - who attended the sentencing hearing - was given 15 months, suspended for two years, for his part in the scheme.

The men were convicted after abusing their positions to divert profits away from the sovereign wealth fund to themselves.

Marino, 56, and Ohmura, 47, were convicted of conspiracy to commit fraud. Warrants for their arrest have been issued. Bessot, 47, had pleaded guilty to the same charge before the trial.

The three men conspired to divert $14 million and ?1.3 million ($1.4 million) of the fund's money into offshore companies controlled by Marino and Bessot between 2009 and 2014. Marino and Bessot had set up FM Capital in 2009 as a joint venture with the Libya Africa Investment Portfolio to manage $800 million on behalf of the fund.

Approximately $250 million of the fund's money was invested in structured financial products. But Marino and Bessot secretly arranged for a proportion of fees from four investments made by the fund to be paid to themselves through the offshore companies. Ohmura left Julius Baer to act as a go-between and was paid a 10% cut.

This is a case that illustrates that sovereign wealth funds can face a high risk of becoming victims of fraud. This is due to the fact that they involve a huge amount of money and investments that are overseen by various asset managers. These asset managers are often dealing with different types of investments in various legal systems. This situation can create both an opportunity and motive for fraud. It is crucial, therefore, that sovereign wealth funds have good corporate governance and strong fraud deterrence in place.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Three Individuals Have Been Sentenced For A Huge Fraud They Committed Against A Sovereign Wealth Fund

UK Criminal Law
Contributor

Rahman Ravelli is known for its sophisticated, bespoke and robust representation of corporates, senior business executives and professionals in national and international matters.
It is one of the fastest-growing and most highly-regarded, market-leading legal practices in its field. This is due to its achievements in criminal and regulatory investigations and large-scale commercial disputes involving corporate wrongdoing and multi-jurisdictional enforcement, and its asset recovery, internal investigations and compliance expertise.
The firm’s global reach, experienced litigators and network of trusted partner firms ensure it can address legal matters for clients anywhere in the world. It combines astute business intelligence and shrewd legal expertise with proactive, creative strategies to secure the best possible outcome for all its clients.
Rahman Ravelli’s achievements in certain cases have even helped shape the law. It is regularly engaged by other law firms to provide independent advice.

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