The Adventure Capitalist
from the 11-part series
Making a Killing
The Business of War
The Center for Public Integrity
website
Niko Shefer leaned forward and explained
the competitive advantage small entrepreneurs enjoy over corporate
multinationals when doing business in war-ravaged countries like
Liberia and the Democratic Republic of the Congo. "I move
with cash. I can buy the president a Mercedes 600. How can a normal
company justify that? How do they explain that to the shareholders?
I do not need board meetings. I am the board."
Shefer was in an expansive mood. It was
December 1999, and he had just earned millions of dollars in profit
from a series of business ventures in Liberia, claiming to have
got the better of Liberian President Charles Taylor and a fundamentalist
Christian organization, known as Greater Ministries of Tampa,
Florida.
Four years earlier, Shefer had emerged
from a South African jail, where he served time for perpetrating
one of the country's biggest bank frauds. Shefer had defrauded
a South African bank of more than $10 million before fleeing to
Switzerland. He was tracked down, extradited to South Africa,
tried, convicted and sentenced to 14 years in prison. He served
only six.
After his release, Shefer did not wait
long before launching new business operations in Africa. According
to an information booklet on one of his companies, Tandan, he
started out in a field with which he'd had some personal experience:
operating prison shops across South Africa. At the end of 1995,
the document said, he sold the business to the South African government
for U.S. $1.3 million and then moved into trading and mining in
Liberia and Sierra Leone.
By the end of 1999, Shefer was on the
road to respectability. He had insinuated himself into the company
of some of the most influential members of the ruling African
National Congress. A list of personal references he handed out
to prospective business partners included South African President
Thabo Mbeki, several Cabinet ministers, and senior members of
the South African police force.
Shefer also had a brief, and ultimately
unfruitful, contact with Mark Thatcher, son of the former British
prime minister, over potential business deals in the Congo, and
had dined with Dame Margaret herself, at Johannesburg's plush
Westcliff Hotel. Thatcher could not be reached for comment. Shefer
even had friends in the South African intelligence community.
When HSBC Equator Bank, part of one of
the world's largest banking groups, was contemplating working
with him in 1999, it raised concerns about his record and his
dealings in Liberia. In response, Shefer brought with him to the
bank an official from South Africa's National Intelligence Agency.
Colleagues from the bank later wrote an internal memorandum on
the meeting: "Niko was accompanied by C T Beea who is the
Director General of South African National Intelligence for the
province of Gauteng. Mr Beea explained the historical relationship
with Niko and the fact that a number of people [including the
former apartheid regime] had tried to discredit Niko. For this
reason the National Intelligence Unit had investigated every accusation
very thoroughly and was happy to report a clean slate. Beea explained
that Niko had been imprisoned in South Africa by the previous
regime because of his close association with many of the ANC leaders.
Beea confirmed that Niko enjoys an excellent relationship with
many of the current Cabinet ministers and in particular with Thabo
Mbeki."
The May 1999 memo added that Shefer was
"currently assisting the government in unravelling some of
the complicated structures used by the former regime" and
that "the National Intelligence Unit is thoroughly satisfied
in Niko's integrity and by way of reference invited us to speak
to a number of Cabinet ministers."
The bank and its executives, like other
associates, would later regret going into business with Shefer.
An empire of glossy brochures
From a hilltop complex of mansions and
elegant gardens in the wealthiest section of Johannesburg's northern
suburbs, Shefer runs an array of companies, including several
divisions of the Tandan group, the Cobalt Metals Company, Scimitar
Holdings and Adamastor Resources. The range of documents and promotional
literature for companies with letterheads emanating from that
address suggest a major corporation. In fact, they are all the
work of a lone man in a top-floor office of a mansion.
Shefer, an Israeli national who was born
in Ecuador, is fluent in several languages, including French and
Spanish. He claims to have worked in the Middle East for the Israeli
intelligence service Mossad before immigrating to South Africa.
A short, stocky man who favors white safari suits and gold chains,
Shefer has an agile mind and natural charm. He likes to call people
"my brother" and dole out quantities of dollar bills,
and once said offering money to African potentates was a "sign
of respect." More than anything, Shefer is one of a new breed
of adventurers and opportunists who have the acumen and the ruthlessness
to profit from Africa's war zones.
"The key to these countries,"
Shefer said in an interview with ICIJ several years ago, "is
to know when to get out. No business can survive long in the context
of the obscene corruption of these guys you can survive
for a limited period of time, so you have to be able to be involved
for a limited period of time. The time to do it is in that period.
And then do it again when the next guy comes along."
In 1997, the war-torn country of Liberia
held a presidential election that was supposed to end the country's
civil war. One of the candidates for the country's highest office,
Charles Taylor, had previously escaped from a Massachusetts jail
while awaiting extradition to Liberia on an embezzlement charge.
In 1989, he launched an insurrection from the Ivory Coast and
fought a six-year bush war, pillaging timber and diamonds to buy
arms, and in the process amassing a personal fortune.
William Twaddell, a State Department official,
testified before Congress in 1996 that while heading a rebel force
operating from the Liberian countryside, Taylor controlled the
lion's share of the country's more than $421 million a year in
diamonds, gold, iron ore and timber trade. Of that, Twaddell estimated,
Taylor extracted about $75 million in taxes to fuel the
war and to line his own pockets.
Though he stood accused of having destroyed
his country and of murdering many of its citizens, Taylor was
elected president in 1997 a reflection of the desire by
many Liberians to put an end to the bloodshed, which they believed
could be achieved only by giving Taylor the power he wanted.
As president, Taylor presided over the
continued economic stagnation of Liberia, while ignoring the agony
of the people. In June 1999, Taylor reacted angrily to mounting
criticism of the absence of any basic services, such as electricity.
"If you in Monrovia want light then buy your own generators,"
he told a local radio station.
Taylor also provided covert support for
the Revolutionary United Front (RUF), a rebel group in neighboring
Sierra Leone that was waging a particularly nasty war to gain
access to that country's diamonds. Weapons came to the RUF via
the Liberian capital of Monrovia and so-called blood diamonds
exited to the markets of Europe. Liberia's diamond sales rocketed
in the 1990s as Sierra Leone's diamonds were laundered through
Monrovia.
In Liberia itself, the economy was shattered
by the war. The country had such a bad reputation that respectable
companies would not touch it. There was no infrastructure, and
its impoverished government cabinet ministers were paid
$15 a month was notoriously corrupt. The
war had cost tens of thousands of lives and shut down most economic
activity, including the giant Firestone rubber plantation that
was once one of the largest employers in Liberia.
Only a few foreign investors dared venture
into Taylor's Liberia. Shefer was one of them.
Liberia was a country ripe for the picking.
Shefer says he became involved after a business associate introduced
him to Jenkins Dunbar, the mines and energy minister in Liberia's
interim government in the run-up to the 1997 election. Shefer
flew Dunbar and several of his colleagues to South Africa and
drafted a scheme to transfer Liberia's untapped mineral wealth
into a private company in which the government-to-be would be
a partner with private businessmen. Dunbar could not be reached
for comment.
Amalia, a then-newly listed South African
mining company, opened its doors in Liberia in 1997, soon after
Taylor won election, with Shefer promising that it would develop
the country's gold and diamond wealth. In response to questions
from ICIJ, Shefer denied reports that Amalia had bankrolled Taylor's
campaign in return for exclusive access to the minerals. "I
did not personally provide Taylor with any assistance during his
1996 election campaign, or before, or thereafter," he wrote.
"What assistance Amalia may have provided, if any, would
be a matter for Amalia to respond to." Taylor did appoint
Shefer Liberia's honorary consul in Johannesburg.
Amalia did not last long. After raising
millions of dollars from shareholders on the Johannesburg Stock
Exchange, revelations that the company had done nothing with its
Liberia concessions caused a major stock exchange scandal. Instead
of going to develop mines, shareholder funds ended up in a bewildering
network of offshore companies, controlled by Amalia's directors,
that was difficult to penetrate.
The Johannesburg Stock Exchange investigated
Amalia's principals on suspicion of fraud, but did not charge
them with any wrongdoing. Some of the company's executives, however,
blamed Shefer for having engineered the collapse of the company
in order to take it over, a charge that Shefer rejected as absurd.
"I had nothing to do with Amalia other than having introduced
them, as I did other companies also, to the Mining authority in
Liberia at that time," he said in response to questions from
ICIJ. Shefer was never implicated in the investigation and emerged
from the scandal unblemished. The company was liquidated and removed
from the stock exchange. Shareholders
lost millions of dollars.
The church of ponzi
Shefer remained in business and found
his next partner for Liberian ventures in Tampa, Florida
Greater Ministries. Even by Liberia's standards, it was an unusual
partnership Shefer, an Israeli citizen and secular Jew,
and Greater Ministries, a fundamentalist Christian church.
Through Shefer's influence with Taylor,
Greater Ministries managed to secure the rights to essentially
the same mining concessions in the West African country that had
been held but lost by Amalia.
In the sixth chapter of the Gospel of
Luke, Christ instructs his followers, "Give, and it shall
be given unto you," Greater Ministries told its followers,
adding that if they gave to the church, they would double their
money in 17 months or less. With this pitch, Greater Ministries
collected hundreds of millions of dollars from its followers.
Eventually, the Ponzi scheme was exposed, and the church's leader,
Gerald Payne, received a 27-year prison sentence after a lengthy
fraud investigation and trial in Florida. Like Shefer and Taylor,
Payne and most of his associates had previous criminal records.
It is unclear precisely what Greater Ministries
intended to achieve in Liberia. In the heady atmosphere of Monrovia
in the late 1990s everything seemed possible. In December 1998,
Greater Ministries and Shefer proposed to the Liberian government
a scheme to manufacture $5 billion dollars worth of Liberian bank
notes, according to a Dec. 4, 1998, letter sent on Greater Ministries
stationary and signed by Shefer. That venture never came to pass.
The church won mining rights but, like Amalia, Greater Ministries
did little with the concessions it secured. The one ostensible
mining operation was about an hour's drive from Monrovia, on the
Lofa River. It was there that guests were taken and shown mounds
of gravel being sorted by church employees under temporary awnings
and buildings. Diamond experts who visited the mine said there
was nothing of interest there and that any stones put on display
most likely came from other diamond buyers. One veteran diamond
dealer said he believed the operation was a front, set up expressly
for senior representatives of Greater Ministries when they visited
Liberia.
Shefer defended the operation in written
comments to ICIJ. He claimed that Greater had serious mining and
exploration activities. "The Greater mining group in Liberia
invested about U.S. $7 10 million over the period, which
is not huge in mining terms but sufficient for the objectives,"
he wrote.
As it sucked dollars from its followers,
Greater Ministries told them that it had access to unimaginable
mineral wealth in places like Liberia, and that they would shortly
be blessed with huge returns. Greater Ministries Pastor Don Hall
sought to pacify nervous church members with boasts of mineral
wealth. "Hang on, stay in the boat," Hall was quoted
in The Tampa Tribune as telling his flock as he detailed a Liberian
mine with $40 billion in gold only 15 feet below the surface.
In fact, apart from a marginal diamond operation, the church and
Shefer did very little that was remunerative with their Liberian
concessions.
The Church, together with Shefer, also
started building a bank in Liberia. Shefer said that apart from
wanting to mine, Greater Ministries also wanted to create an independent
enclave in Liberia and set up a bank to process the millions of
dollars it collected from devout followers. (Contacted later by
ICIJ, Shefer would claim that he had no knowledge of Greater Ministries
activities beyond their mining and agricultural operations.) Greater
Ministries dispatched some employees to Liberia, where they embarked
on small-scale humanitarian work. But, as with the church's mining,
it never amounted to much.
Shefer ran Greater Ministries' Liberian
operation for what he bragged was a $50,000 monthly salary and
benefited from the church's "gifting" program
a plan under which the church got donors in the United States
to help feed Africa's starving poor. Shefer's right-hand man in
Monrovia, Felix Kramer, concentrated on the day-to-day business.
Shefer took care of the politics.
Greater Ministries' representative company
in Liberia was Greater Diamond, which was based in the Mamba Point
quarter of Monrovia, a coastal promontory that is also home to
the U.S. Embassy. Scores of Liberian officials, anxious to benefit
from Shefer and his company, would navigate Monrovia's potholed
streets in luxurious SUVs to meet with Shefer in his ground-floor
office. One regular was Reginald Goodridge, the presidential press
secretary, who had the easily identifiable license plate "Media
1." Goodridge could not be reached for comment.
Monrovia had no electricity at the time,
most of the cabling and pylons having been looted during the civil
war, and the city's infrastructure was in shambles. The Roberts
International Airport, for example, was a ramshackle husk of a
building adjacent to a battered concrete apron that, in addition
to the odd private plane, was normally home to Taylor's air force:
two aging Alpha jets on loan from the Nigerian military. Whenever
Shefer arrived at Roberts International, the short wave radios
used by Monrovia's elite would crackle with the news that "Great
1" had landed, "Great 1" referring to the license
plate of the luxury Isuzu 4x4 that Shefer always used. Upon arrival,
Shefer and whichever associates or consultants with whom he was
traveling would be escorted to the only air-conditioned room in
the airport, while Kramer doled out wads of dollars to immigration
and customs officials.
During his trips to Monrovia, Shefer would
spend many hours at Taylor's residence, where he said Taylor sometimes
received him in pajamas. In September 1998, Taylor organized a
banquet in Shefer's honor at one of the few restaurants in Monrovia,
the Restaurant Beirut, an event for which Shefer donned traditional
African regalia. Shefer or his Greater colleagues were frequently
accompanied on their car trips around Monrovia by "the Major,"
a local policeman permanently on hire to Greater. When asked in
1998 about the government in Liberia, Shefer quipped, "We
are the government."
But given the low level of services that
the government or the private sector it supposedly oversaw
could offer, Shefer often turned to others to facilitate
his dealings in Liberia. For example, the Gulfstream turbo props
that Shefer and Greater used to shuttle between Johannesburg and
Liberia belonged to a company owned by Fred Rindel, a former colonel
in the South African Defense Force, who was once the South African
defense attaché in Washington. Rindel had worked with South
African geologists in Liberia and had then struck up a relationship
with Taylor. The Liberian president subsequently employed Rindel
to train his Anti Terrorist Unit, Taylor's special elite corps
that has been linked to the rebel fighters and the war in neighboring
Sierra Leone. In 2000, Richard Holbrooke, then U.S. ambassador
to the United Nations, told the Security Council that Rindel supported
the RUF. After Rindel denied links to the RUF, the United Nations
printed his denials in a subsequent report and never produced
evidence confirming the original allegations. In the wake of the
controversy, Rindel canceled the contract to train Taylor's Anti
Terrorist Unit and left Liberia.
Shefer enjoyed the Gulfstreams, which
he leased from Rindel on the understanding that he would buy one
of them. In September 1998 he even told people that one of the
Gulfstreams, registration N8E, was his. It was equipped with a
small kitchenette, television and video recorder, with a sleeping
section that Shefer would retire to on night flights. On one trip
from Monrovia to Johannesburg, the video played a journalist's
tape of the June 1989 public execution of the former president,
Samuel Doe, by the warlord Prince Johnson, a former Taylor lieutenant.
Taylor's sister, on her way to Johannesburg for a shopping spree,
was on the plane with Shefer and his team and watched the video.
In the end, Shefer did not follow through
on his agreement with Rindel to buy the plane. On April 9, 1999,
Rindel wrote to Gerald Payne, the head of Greater Ministries in
Tampa, expressing his frustration. "We have reached a point
where it is no longer possible to continue with the vague, misleading
and sometimes outright lies we have received." The letter
recapped how Shefer and Jabil Nabbar, the finance chief of Greater
Ministries, had undertaken to buy the plane, and had then sent
Rindel and a colleague on a wild goose chase with various bank
money orders for the first payment, which bounced. Only one check
of the four for $500,000 was honored by the bank.
"This has led to the strangest of circumstances as the Greater
Group has gone ahead and flown in excess of 150 hours while we
were fed one far-fetched story after the other," Rindel wrote.
The letter, which canceled the sale, said that Shefer subsequently
gave the pilots notice and refused to answer their calls. Rindel
said he ended up going to Monrovia himself to fly the planes back.
It was around this time that the partnership
between Greater Ministries and Shefer frayed as the church became
the target of a U.S. criminal investigation. In Tampa, Payne and
his cohorts were arrested, and Greater Ministries' assets were
seized.
Shefer said the church's relationship
with him collapsed when its representatives in Liberia sought
to seize some of the excavating equipment as they prepared to
flee the country. The Greater Ministries employees were jailed,
released after a week and fled the country.
"In Liberia," Shefer once said,
"it is a question of who is a better con me or them.
Taylor is good. I am better." By December 1999, Shefer had
grown contemptuous of Taylor, recounting how the president and
his cronies wiled away the muggy afternoons in Monrovia playing
tennis at the presidential mansion.
But apart from some scathing articles
in Internet-based Liberian discussion groups, Shefer received
little attention for his Liberian foray. A U.N. report from October
2000 noted: "Niko Shefer is a businessman located in South
Africa, and was Chairman/CEO of the Greater Diamond Company (Liberia)
Ltd, a subsidiary of Greater Holdings.
Shefer denies diamond dealings in Liberia
and Sierra Leone, except for two exploration agreements with the
Liberian government for concessions in Mano and Lower Lofa."
The report added, "In the end, Shefer's explorations were
unprofitable and were abandoned. The American partners in Greater
Diamonds were at that time under investigation by American authorities
for tax evasion and money laundering, using assets in Liberia."
After Shefer had quit Liberia and his
Greater colleagues were facing jail terms, he offered his own
appraisal of the church's stint in Liberia. "They were real
right-wing nutters completely off the field," Shefer
recalled. Shefer later claimed that he learned of Greater's dubious
activities and subsequent collapse through the press.
"I asked myself, what was a nice
Jewish boy like me doing with these guys?" he continued.
"When I used to come into their house in Monrovia, they would
stand in a circle and touch me and pray. I only managed to keep
a straight face by keeping my mind on the money they always brought
with them from America."
On to the Congo
Ever since King Leopold of Belgium colonized
the Congo in the 19th century, the vast swath of land at the heart
of the African continent has attracted adventurers seeking its
fabled wealth. In 1997, as Laurent-Desire Kabila marched toward
the capital, Kinshasa, to overthrow the dictator Mobutu Sese Seko,
he unlocked a fresh scramble for the riches of the Congo.
The scramble actually began even before
Mobutu fell. Investors feted the portly Kabila before his campaign
had succeeded. Nicholas Davenport, a senior official of the De
Beers diamond company that had long supported and backed Mobutu,
visited Kabila at his headquarters in Goma, the Mail & Guardian
newspaper in South Africa reported at the time. De Beers' spokesman
Tom Tweedy initially told ICIJ that the meeting represented "sound
commercial sense" because it was clear that Kabila would
play a leading role and "we needed to speak to the people
who would be running the country in future. No assistance was
offered or given." Tweedy later said the meeting had never
taken place.
According to Forbes Magazine, Kabila was
transported around the Congo in the Lear Jet of American Mineral
Fields, a mining company then based in Hope, Arkansas. The company
brought a delegation of U.S. investors and analysts to meet Kabila
a week before Mobutu was deposed. Dollars and Sense reported that
Bechtel, the engineering and construction group, devised a master
development plan for the country's resources, and commissioned
and paid for NASA satellite studies of the Congo pinpointing its
mineral potential.
But Kabila proved to be unstable and fickle.
In December 1997, for example, he canceled his contract with AMF.
Of greater consequence to the people of the Congo, he brushed
aside the Rwandan and Ugandan armies that had put him in power
and unleashed a fresh wave of ethnic bloodletting in the east
of the country. The Rwandan Tutsi leaders, whose people had just
been the victims of genocide, were outraged because they had helped
Kabila overthrow Mobutu to prevent such a recurrence.
One year after Kabila came to power, war
erupted again. This time Rwanda and Uganda turned against Kabila.
They found themselves and their rebel allies in the east up against
the armies of Angola, Namibia and Zimbabwe, which were brought
in to rescue Kabila. Much of the payback for the military services
of these African armies came in the form of mineral concessions,
which went to politicians and top military officers.
The United Nations, which examined the
exploitation of mineral wealth in the Congo in 2001 and 2002,
reached the bleak conclusion that the effective collapse of all
state institutions and structures in the country offered "significant
rewards to unscrupulous elements operating under the garb of various
governments, businesses, mafias, individuals etc."
In the rebel-held east, the Rwandans and
Ugandans had been engaged in mining and timber clearance since
1998. A metal ore known as coltan, an excellent conductor and
a component of cell phones and other high-tech equipment, sparked
a latter day gold rush in eastern Congo. The ore, which resembles
black mud, is mined under the auspices of the Rwandan army and
shipped through Kigali. According to the United Nations, it was
being sold to American companies, such as Kemet Corporation and
Cabot Corporation, until late 2001, and to a Belgian corporation,
Sogem, which stopped dealing in the ore in late 2000. However,
following a blaze of publicity, legislation was introduced in
the U.S. Congress to ban the import of coltan from eastern Congo,
and most of the international companies withdrew. The Ugandan
army is involved in gold mining. In the west, Zimbabwean military
officers and politicians have aggressively accumulated concessions
in diamonds and timber.
Kabila alienated many of the established
mining and engineering companies. Robert Stewart, the American
businessman who developed the Bechtel plan for rebuilding the
country and was a former chairman of American Mineral Fields,
linked up with opposition politicians calling for the removal
of Kabila. Stewart complained that Kabila had canceled the American
Mineral Fields deal because they wouldn't pay bribes. "The
country's dead as long as he's running it," he told a press
conference at the Non-Aligned Movement summit in Durban in 1998.
"Every mining project in the country is stalled."
The departure of bigger companies opened
the way for businessmen such as Shefer, who entered the fray in
1998. Shefer, who had been a big fish in Liberia, was a much smaller
player in the Congo, compared to some of the other businessmen
he encountered, such as John Bredenkamp, who, according to a member
of Britain's Parliament and media reports, is an arms dealer,
tobacco magnate and confidant of Zimbabwe President Robert Mugabe.
Bredenkamp, a former rugby star who regularly
was listed among Britain's wealthiest individuals, had respectability
Shefer could only envy. His company had managed the financial
affairs of the golfer Ernie Els and owned exclusive game parks
in the southern African bush. Bredenkamp had built his fortune
in the tobacco industry and then in arms and was a leading sanctions
buster for Ian Smith's white minority regime in then-Rhodesia
during the liberation war in the 1970s.
Bredenkamp saw the potential of cashing
in on Zimbabwe's military support in the Congo. According to the
United Nations, the Zimbabweans put pressure on Kabila to form
a joint venture with Bredenkamp's company, Tremalt Limited, to
mine copper and cobalt.
Despite his connections, Bredenkamp's
support for the Mugabe regime in Zimbabwe and weapons supplies
to Kabila was controversial. In Britain, Paul Farrelly, a Labor
Member of Parliament, told the House of Commons in November 2001:
"Although he denies it, Bredenkamp is one of the major suppliers
of arms to Mugabe. His companies are reliably believed to have
supplied arms and equipment used by the Zimbabwean army, the Interahamwe
[as the militia force responsible for the genocide in Rwanda is
known], and the Mai-Mai tribesmen in eastern Congo.
"Many of those arms subsequently
have found their way back to war veterans, and have been used
in attacks on white-owned farms. In return, Mr. Bredenkamp has
been a major beneficiary of Mugabe's largesse in Zimbabwe and
the Congo. He is a major mover and shaker in southern Congo, and
he has been awarded valuable diamond, cobalt and other mineral
concessions."
In a statement to ICIJ, Bredenkamp accused
Farrelly of making "manifestly false and maliciously defamatory
allegations under the cloak of parliamentary privilege."
He said he had complained to the British government and challenged
Farrelly to repeat the allegations outside of Parliament.
After controversial Zimbabwean elections
in March 2002, the U.S. State Department placed Bredenkamp on
a list of close associates of Mugabe, barred him from entry to
the United States and had his U.S. bank accounts frozen. A United
Nations investigative panel, in an October 2002 report on the
looting of the Congo, recommended that a travel ban and financial
restrictions be placed on Bredenkamp.
"The U.S. Department of State has
tried me and judged me in a manner which affects my fundamental
rights as an individual," Bredenkamp said. "The basis
on which this judgment has been made has not been shared with
me and I have been given no opportunity to be heard in this matter."
Forward-looking statements
Shefer was neither an arms dealer nor
connected to a private army, but he brought other advantages to
the table. As in Liberia, he claimed at first to have struck up
a relationship with the man in charge, Kabila.
According to the U.N. panel investigating
the exploitation of mineral resources in the Congo, Kabila wielded
a highly personalized control over state resources, avoiding any
semblance of accountability.
"Management control over public enterprises
was virtually non-existent and deals granting concessions were
made indiscriminately in order to generate quickly needed revenues
and to satisfy the most pressing political or financial exigencies,"
the U.N. report found. Kabila was the man granting those concessions.
Shefer, an enthusiastic name-dropper,
spoke publicly and fondly about his meetings with Kabila, describing
him as a down-to-earth, likeable man. But when pressed to elaborate
on his contacts with the president, he responded that he had met
Kabila for only 10 minutes.
Whatever the extent of their relationship,
Shefer managed to get something out of Kabila's government, while
persuading one of the world's largest and most prestigious banks
to lend its good name to his plans to entice investors to the
Congo.
In February 2001, a top banker at HSBC
Equator's Johannesburg headquarters was forced to resign after
a lengthy investigation showed that he had secretly secured for
himself a private stake in a Congolese mining venture that he
was supposed to be handling for the bank. Bruce
Jewels was one of the bank's rising stars in Africa. After joining
HSBC Equator, Jewels had developed an impressive network of contacts
in political and business circles on the continent, becoming one
of the bank's deal-making maestros. It was Jewels' relationship
with Shefer, who arranged his private stake in the mining venture,
which led to his downfall at the bank. The former head of HSBC
Equator, Frank Kennedy, would say only that the bank had accepted
Jewel's resignation after "he chose to subsequently take
up a closer association with Mr Shefer." In response to further
questions from ICIJ, the bank declined comment, citing the confidentiality
of "any business relationships."
Jewels told ICIJ that his departure from
the bank was related to his dealings with Shefer, but also claimed
that personal reasons played a part. "There were people at
HSBC who had it in for me," he said. He denied that he ever
worked for Shefer, and said he left HSBC Equator to set up his
own consulting company. He admitted, however, that he had run
the company from Shefer's offices for the first two months after
he left the bank.
Shefer teamed up with Jewels after embarking
upon what he described as a commodity-trading venture in various
African countries. The gist of the scheme was to sell commodities
to African countries with which Shefer was familiar and where,
according to his promotional literature, there were "guaranteed"
high margins of return. To achieve this, Shefer raised millions
of dollars from various investors.
Money would be invested in sales of commodities,
like rice, to various African countries. HSBC Equator appears
to have been crucial to Shefer's plans as its presence enabled
him to tell the investors that a prominent bank was behind the
project. Shefer told investors that because of this close relationship
with HSBC Equator, there was virtually no risk involved in the
commodity transactions. But the scheme never generated the expected
returns. Shefer told his investors it was because of unfavorable
market, currency and political conditions.
The facts that he outlined in documentation
for prospective shareholders explaining the commodity-trading
venture suggest it had been anything but risk free from the beginning.
The scheme hinged on unconfirmed letters of credit from the central
banks of Liberia, Angola and the Congo, none of which were noted
for their reliability or stability.
"The buyers range from the strategic
reserve in the office of the president of the DRC, the ministry
of social welfare in Angola, to private sector companies in the
various target markets which have traditionally been dealing with
[HSBC] Equator networks in Africa," Shefer wrote in the shareholder
documentation. He also said his target markets could "easily
sustain $50-million + per month. As an example we cite that the
city of Kinshasa alone, with a population of not less than 9 million
inhabitants, consumes statistically 76 000 tons/month of rice,
amounting to approximately $38-million."
Shefer signed on several groups of investors,
who gave him complete freedom to invest the money as he saw fit,
and promised them returns of up to 15 percent per quarter. Middlemen
companies close to Shefer dealt with the investors, who, according
to some documents, numbered about 800. It is not known how much
money Shefer collected in total.
One of the key intermediate companies
was called Comtrade, which agreed to pay Shefer more than a million
dollars. Comtrade tapped a South African police charity to invest.
In June 2000, charity officials wrote to Shefer and Comtrade principals,
saying that $35,000 had been improperly appropriated and that
they wanted the money back.
By the second quarter of 2000, Shefer
started sending out signals that investors would not be getting
the promised returns and suggested that the investment focus switch
to mining. In one letter, Shefer's Pretoria-based lawyer Mark
Efstratatiou told investors that the losses would be absorbed
by "certain strategic equity acquisitions with substantial
mining houses of an international stature."
A letter from Tandan stated that the losses
stemmed from "foreign currency shortages and devaluations
in the target markets as well as unforeseen political turmoil"
and claimed that HSBC Equator was assisting in securing "substantial
equity interests in various base metal mining projects of proven
stature."
But by the middle of 2000, Shefer's investors
were getting itchy particularly intermediaries like Comtrade,
which had to explain to nervous small investors what had become
of their money. Shefer leaned on the relationship with HSBC Equator
to reassure them, claiming that "our advisory bank (HSBC)
concluded that none of these potential losses were due in any
way as a result of negligence on our part."
As Shefer informed investors that the
commodity venture was failing, he began, with the help of Jewels
at HSBC, lining up Congolese mining ventures as alternative investments.
At the time, HSBC was consulting for Gecamines, the capital-starved
Congolese state mining company, which was looking for partnerships
with the private sector.
The concessions in question were the Ruashi
and Etoile cobalt tailings reserves - huge piles of leftover scrap
from early mining activities, which could be easily reprocessed.
The war in the eastern Congo had made it difficult for Gecamines
to secure foreign investment, and about 70 percent of the government's
revenue came from state mines. Several of the country's other
concessions had been ceded to companies connected to the Zimbabwean
army as payback for their assistance with the war. The Congolese
government viewed any attempt to increase the revenue from the
remaining mines to be crucial.
Gecamines was negotiating with Mzi Khumalo,
founder and head of Mawenzi Resources, a South African mining
house, about taking over some of its ventures, including the Ruashi
operation. Khumalo was to provide the mining expertise. Jewels,
the banker in charge, lined up Shefer as the financier, in the
deal that would prove Jewel's undoing at the bank. But in the
middle of the negotiations with Gecamines, Mawenzi Resources ran
into financial difficulties, stopped trading and was liquidated.
With Jewels' assistance, Shefer took over and secured not only
the concessions from Gecamines but also several of Mawenzi's top
managers, who joined Shefer at his Houghton offices. In return,
Jewels accepted a share in the Ruashi venture. The stake was held
with Jewels' brother in England, who ran a law firm.
Jewels denied to ICIJ that he had received
a share at that time, though he conceded that subsequently he
had acquired a small stake in the company. "Someone who is
not a friend, who wanted to make life difficult for me, sent my
brother fraudulent documents." He did not elaborate.
Having secured the Congolese deposits,
Shefer was now able to dangle something juicy before his investors
back in South Africa. He featured the deposits in at least two
prospectuses that came out of his Houghton office for Scimitar
Holdings and Adamastor Resources. The latter also promised a stake
in a Peruvian mine. But as in Liberia, it soon began to look as
if the enterprise had more to do with dazzling investors than
mining. Almost three years after Shefer became involved, the project
remained undeveloped.
Repeated assurances of wonderful returns
placated most of the investors. The angrier among them began to
suspect that Shefer was ripping them off, falsely promising fantastic
returns from enticing projects through a range of corporate entities
he conjured up. Others, who held out hope of returns on their
investment, maintained Shefer was a well-meaning financial genius
easily maligned because of his stint in jail. For his part, Shefer
maintained that all his dealings were in good faith.
A new savior
As Shefer bombarded investors with explanations
toward the end of 2000, he told them of yet another deal that
would rescue their investments. This time it was with Tony Texeira,
a South African businessman of Portuguese descent and a veteran
of the African mining scene.
Texeira had achieved a measure of notoriety
when he was named by the British Foreign Office Minister Peter
Hain in the British Parliament as a trader in illegal Angolan
diamonds on behalf of the rebel movement UNITA. He denied the
charge and challenged Hain to make it outside the privilege of
Parliament, where he would not be protected from any defamation
action.
Texeira moved in the same world of African
business as Shefer. He acquired a large stake in DiamondWorks,
a Canadian-based company that moved into Sierra Leone and Angola
after buying up the assets of Branch Energy, the diamond-mining
company that had been linked, through cross-ownership, with the
mercenary group Executive Outcomes. DiamondWorks
was one of the pioneers in the business of providing private security
in return for mining concessions.
In July 2000, Texeira visited Shefer's
Houghton offices and demanded payment from Shefer for a delinquent
debt of $2.4 million. Shefer owed it to a trading company that
Texeira purchased from Anglovaal Mining Limited, the South African
mining house, according to an affidavit signed by Texeira.
During discussions about that debt, Shefer
offered the Ruashi deposit to Texeira. Negotiations on that offer
were underway when Texeira started receiving calls from Shefer's
investors, who had been told that Texeira would refund their investments,
according to a transcript of the meeting obtained by ICIJ.
On Feb. 20, 2001, Shefer's investors met
with Shefer and Texeira's lawyer, Jimmy Kanakakis, to discuss
the situation. According to a transcript of the meeting, Kanakakis
said that neither Anglovaal Mining nor Texeira's company were
interested in the problems of Shefer's partners or investors.
The gathering established that Shefer's interest in the Cobalt
Metals Company the company which Shefer used to house his
stakes in the Congolese mining ventures was being sold for
about $32 million. Payment would come in the form of preferred
shares.
This did not go down well with irate representatives
of the 800 investors, who wanted cash. According to the meeting
notes, Shefer said Texeira had undertaken to give Shefer some
cash to help pay off the investors an assertion not borne
out by any of the accompanying documentation, which mentioned
the preferred shares.
"It is reiterated by the parties
that their interests have not been served," meeting minutes
noted. "It is put forward as an absolute necessity to receive
cash as payment and not ordinary shares, this is the only method
of pacifying outraged investors, as they currently think that
the money is stolen, and quite a large number of people are ready
to enter litigation and go to the media."
In the middle of the January 2001 imbroglio
Kabila was assassinated, and Texeira pulled back. Having committed
to starting work on Ruashi at the end of February 2001, he withdrew,
saying that the due diligence had not been satisfactory. In May
2001, Texeira's company wrote to Shefer saying the deal was off.
An acrimonious feud then erupted, with
both men seeking to smear and drive each other out of business.
Shefer had been depending on Texeira to help him placate his angry
investors. But Texeira, after being named by Hain, did not want
any further negative press coverage as DiamondWorks was about
to relist on the Toronto Stock Exchange.
By February 2002, Shefer faced a lawsuit
in the Pretoria High Court from his investors whose patience had
finally worn out. But that case, which was being pursued by one
of the investors, was withdrawn after a brief hearing for reasons
that were never made public. "I had no litigation with anyone
pertaining to any activities in the [Congo]," Shefer wrote
ICIJ in response to questions. "I had a commercial dispute
with a business associate of mine (for an amount less than U.S.
$30 thousand), which we settled amicably." Once again, Shefer
emerged relatively unscathed.
Shadow man
Shefer bought an entire block of modest
houses in the trendy Johannesburg suburb of Melville, flattened
it, and then built a garish, ultra-modern, residence, complete
with an "entertainment" center, including a cinema,
for his family. But his opulent mansion which is heavily
fortified and under 24-hour guard looks out of place, straddling
the quaint refurbished Yuppie cottages that once belonged to lower-middle
class families.
Shefer recently sold his Houghton headquarters,
and has been talking about retiring, though he still brags about
his relationship with Africa's great and good and says he advises
the South African government about policy in the Great Lakes region.
Articulate and wily, Shefer is a master
of keeping himself in the shadows. That may change with the release
of an October 2002 U.N. report on the looting of the Congo, which
recommends that Shefer face financial restrictions and a travel
ban for his activities there. Shefer has also made the most of
the numerous corporate structures he sets up for each chapter
of his life, juggling company names and directors to disguise
his own involvement.
He is also far less expansive about his
connections when asked to confirm them on paper. For example,
when asked to comment on his relationship with South African President
Thabo Mbeki, Shefer wrote in a letter to ICIJ that he had met
him only once at a formal banquet, although the list of references
that he handed out to prospective business partners had Mbeki's
name at the top.
Some of Shefer's erstwhile business partners
have fared less well. Charles Taylor, branded an international
pariah, is in the middle of a renewed civil war. With the backing
of neighboring Guinea, rebels have moved toward the capital, and
Taylor has declared a state of emergency.
New entrepreneurs have trickled into Liberia.
One is the American evangelist, the Rev. Pat Robertson, whose
Freedom Gold Limited, which is registered in the Cayman Islands,
cut a deal with Taylor that reportedly gave Taylor and his cronies
10 percent in the mine, as well as royalties and other payments
when (and if) the mine ever gets up and running.
After articles exposing Robertson's dealings
appeared in The Washington Post, the evangelist wrote an indignant
letter to the newspaper, defending Freedom Gold and the government
of Liberia. "Freedom Gold has found freedom of religion,
freedom of movement, freedom of expression and what appears to
be a judiciary dedicated to the rule of law (in Liberia),"
he wrote. "Doesn't Mr. [Colbert] King believe that a government
collapse would lead to another blood bath in Christian Liberia,
which was founded by President James Monroe as a haven for freed
American slaves and whose first president was a Baptist pastor
from Virginia?"
The admiration Robertson had for Liberia
was returned by the country's ruler. Earlier this year, Taylor
publicly praised Robertson during a religious day festival.
In the Congo, Kabila handed a monopoly
of the country's lucrative diamond trade to an Israeli company,
International Diamond Industries, for $20 million. According to
the United Nations, IDI's 27-year-old owner, Dan Gertler, agreed
to arrange, through his connections with high-ranking Israeli
military officers, the delivery of arms as well as the training
of Kabila's armed forces. This was a source of great aggravation
for Congo's traditional diamond traders, especially members of
the local Lebanese population who had dominated the industry during
the rule of Mobutu.
Shortly after Kabila's son, Joseph Kabila,
assumed power, he ended Gertler's monopoly and then partially
reinstated it in April 2002, along with the contract of another
Israeli diamond dealer, Lev Leviev.
By the end of 2001, the United Nations
had decided that the war in Congo had a momentum of its own, driven
by the scramble for riches. A phony war, with only occasional
breaches of the ceasefire, it leaves "the exploitation of
the resources as the main activity of the foreign troops as well
as the different armed groups." The U.N. report described
the rebels as a "controlled military opposition" whose
existence was used by the foreign armies to justify their continued
military presence in the Congo.
A fresh round of peace talks in Sun City,
South Africa, in 2002, appeared to have established some grounds
for a lasting peace, and the foreign troops began to withdraw,
but battles were still raging in August 2002.
Explaining why endless rounds of peace
talks had so often proved futile, the U.N. report concluded that
the primary motive of the war was "extracting the maximum
commercial and material benefits. This holds true for both government
allies and rebel supporters."
But living on the cusp between war and
peace supports only the most primitive of mining operations
digging for coltan or diamonds or stripping forests. Projects
that require a modicum of capital and thus an investment in the
future, such as Ruashi, languish in mothballs. As Shefer, Texeira
and the investors thrash it out in Johannesburg; much of the Congo's
riches remained untouched.
Making
a Killing
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