Tag: money laundering

  • Nigerian court frees Binance executive Tigran Gambaryan from money laundering charges after eight months

    Nigerian court frees Binance executive Tigran Gambaryan from money laundering charges after eight months

    The Abuja Division of the Federal High Court has freed Binance executive Tigran Gambaryan from a case of money-laundering instituted by the Economic and Financial Crimes Commission (EFCC).

    The Nigerian government on Wednesday withdrew all charges levelled against Mr Gambaryan stating he was only a staff of Binance Holdings and could not be held liable for the organisation’s financial activities.

    Read also: Binance Executive trial: Court summons Nigeria’s Central Bank

    Mr Gambayran had been detained since February when he visited Nigeria at the request of the federal government to answer questions about Nigerians’ cryptocurrency activities on the platform.

    He was detained alongside his colleague Nadeem Anjarwalla, who managed to escape from custody in March.

    Justice Emeka Nwite had previously denied Mr Gambaryan bail on two occasions.

    EFCC counsel R.U. Adagba informed the court on Wednesday of the agency’s decision to withdraw the charges against Mr. Gambaryan, citing his deteriorating health. However, she added that the EFCC would continue pursuing charges against Binance Holdings, excluding Mr Gambaryan from further legal proceedings.

    Read also: Clampdown on crypto exchange continues as Nigeria’s court freezes ByBit, KuCoin, others accounts

    The withdrawal of charges was unexpected, as Justice Nwite had scheduled October 25 for the continuation of Mr Gambaryan’s trial but events have now overtaken the matter.

    The release of the Binance executive followed weeks of intense diplomatic negotiations between Nigeria and the United States. U.S. lawmakers had mounted pressure on the Nigerian government, prompting relevant agencies in both countries to work toward Mr Gambaryan’s release.

    In a similar yet separate case, Nigerian government through the Federal Inland Revenue Service (FIRS) filed tax evasion charges against Binance Holdings in the same Federal High Court in Abuja where Mr Gabaryan had been standing trial.

  • Kenya Clears Kandon Technologies Of Money Laundering Allegations

    Kenya Clears Kandon Technologies Of Money Laundering Allegations

    Kenya clears Kandon, a Nigerian tech firm of money laundering allegations brought against it by the Directorate of Criminal Investigations and Kenya’s Asset Recovery Agency (ARA) (DCI). It has been exonerated of charges of money laundering and credit card fraud brought against it by Kenyan authorities earlier in July.

    Bank account freeze on Kandon and Kora Pay, two additional Nigerian fintech companies, while it conducted an investigation. Both businesses are accused of smuggling $51 million, or Sh6 million, into the nation of East Africa.

    Asset Recovery Agency (ARA), the nation’s anti-money laundering organization, asked the Kenyan High Court in July to impose a temporary 

     freeze on the company’s accounts while the investigation was ongoing after the company, along with Kora Pay, was accused of acting as a conduit for international money laundering in Kenya. Kandon Technologies’s two accounts, totalling $126,841 in value, were frozen.

    Read also: Kenya Asset Recovery Agency (ARA) Drops Money Laundering Charges Against Nigerian Companies

    Money Laundry Allegations 

    When the ARA charged the fintech company with money laundering, it said that it had seen transactions that raised suspicion.“We established that they received the Sh29.5 million in a single transaction which raised suspicion as to the source of the funds,” the agency explains.

    Similar fintech businesses with Nigerian founders that tried to do business in Kenya were also charged with money laundering by the ARA. After being accused earlier this year, Flutterwave and ChipperCash had their accounts in the nation suspended.

    The business for liquidity management, which Ayowole Ayodele created in 2019, is accused of acting as a conduit for actions related to international money laundering. The ARA connected Kandon Technologies with seven other Nigerian companies—Flutterwave Ltd, Elivalat Fintech Ltd, Hupesi Solutions, Adguru Technology Limited, Boxtrip Travels and Tours, Bagtrip Travels Ltd, Cruz Ride Auto Ltd; and a Kenyan businessman, Simon Karanja—whose 56 bank accounts totalling more than $59.2 million (Sh6 billion) in total value were frozen in July due to allegations of a similar nature. The money in Kandon’s two UBA accounts, valued at $126,841 (Sh15 million), and the money in Kora Pay’s Equity Bank account, worth $249,565 (Sh29.5 million), were both frozen by the court.

    ARA Frees Kandon

    “We are happy that all the authorities have cleared us, and I appreciate how fair and thorough they were in their inquiries. We must get back to work if we are to continue meeting the demands of our partners.”

    Ayodele Ayowole, CEO, Explains.

    “The Director of Criminal Investigations at the National Police Service in Nairobi, Kenya, Mike Muia, stated Founder kandon, in a letter dated October 11, 2022, that allegations of money laundering against Kandon could not be proven.”

    “As a follow-up to a letter dated August 11th, 2022, in which we updated you on the status of our department’s inquiries into claims of card fraud and money laundering. Please take note that the investigation is now complete. I can report that  Kandon Technology Limited was not found guilty of the charges of card fraud and money laundering. Please consider this communication to be the last one.”

    The preservation order protecting Kandon from being assessed for its frozen accounts was deemed to have expired in a High Court order dated November 11, 2022, and “this file is hereby closed.”

    Justice Esther Maina made the rulings in two separate lawsuits brought by the ARA against Kandon Technologies Limited over allegations that criminals are utilizing them as international money laundering conduits.

    The account of Kandon Technologies is unfrozen by ARA.

    In a letter to UBA, ARA stated that it did not wish to pursue the issue and requested that the accounts of Kandon Technologies be unfrozen. The letter, which is dated October 27, states, “The Agency has concluded its investigations.”

  • ARA Drops Money Laundering Charges Against Korapay

    ARA Drops Money Laundering Charges Against Korapay

    Nigerian fintech company Korapay is prepared to resume its payment operations in Kenya after the Asset Recovery Agency (ARA) decided to remove all charges and penalties.

    In July 2022, Asset Recovery Agency charged Korapay with card fraud and money laundering, resulting in their account of Korapay being frozen.

    The July Court decision stated that Korapay would be prohibited from using the blocked accounts for six months or until ARA had finished its inquiries.

    But the case seems to have been resolved now that it has just been four months.

    The Nairobi Anti-Corruption and Economic Crimes Division of the High Court of Kenya received a notice of withdrawal from ARA on October 19, 2022.

    Stephen Githinji, the state attorney for ARA, stated in the court documents that the lawsuit would be completely withdrawn.

    Read also: Kenya Asset Recovery Agency (ARA) Drops Money Laundering Charges Against Nigerian Companies

    Other Alleged Partners

    The Asset Recovery Agency sued Korapay and Kandon Technologies Limited, another Nigerian fintech startup, in two separate lawsuits in July 2022.

    Following that, the Kenyan government ordered the freezing of two accounts belonging to Kandor Technologies, each worth a total of $126,841, as well as the $249,565 account of Korapay.

    A Kenyan businessman and five other Nigerian companies, including Flutterwave Ltd, Elivalat Fintech Ltd, Hupesi Solutions, Boxtrip Travels and Tours Ltd, Bagtrip Travels Ltd, Cruz Ride Auto Ltd, and Simon Karanja, who has 62 bank accounts totalling more than Sh6 billion frozen due to allegations of a similar nature, according to ARA.

    Since then, the CEO of Flutterwave has refuted the accusation and characterized it as politically driven in order to target Nigerian businesses before the election in Kenya.

    Additionally, Korapay Chief Operating Officer Gideon Orovwiroro disputed the claims, claiming that it had always adhered to the rules and made sure that every KYC requirement was met in all of its dealings.

    He claimed that the funds that the ARA said were used to launder money were placed in the account to help it obtain its license from the Kenyan central bank.

    The Kenyan central bank has not yet approved the company’s license. However, Korapay’s account has been unfrozen, and the application process has resumed.

    Then Korapay provided the policies that apply to it as a payment institution as well as its anti-money laundering document.

    The business is excited to resume operations and introduce new items in order to repay the steadfast faith that its customers have in it.

    According to Orovwiroro, the business is eager to introduce the multi-currency bank account service to the Kenyan market as one of its upcoming goods.

    “We must appreciate the ARA, DCI for finally concluding the litigation in the matter and we are glad that they finally approved our position that we never did anything wrong in the first place,” Orovwiroro said.

    Flutterwave Denies Money Laundering Allegations

    What to know about Korapay

    Korapay is a Nigeria Financial Technology Company which enables local and global businesses to sell, build and scale effortlessly with powerful payment solutions.

    The company was founded in 2017 in Lagos, Nigeria. Their suite of plug-and-play tools and payment applications enables fintechs and individuals to set up their businesses in the shortest possible time.

    The company’s platform leverages cutting-edge technology, including blockchain settlement, to lower the cost of remittance, enabling individuals and businesses in Africa to receive payments from anywhere in the world.

  • Kenya Hits Flutterwave with Money Laundering, Seizes $56.7M Amidst Trial

    Kenya Hits Flutterwave with Money Laundering, Seizes $56.7M Amidst Trial

    Flutterwave in the mud again, this time not in the hands of David Hundeyin ‘The Goliath Slayer’ but Kenyan authorities. The Pan-African tech unicorn has been accused of conducting suspicious transactions and failing to comply with the monetary laws in Kenya, which led to the freezing of the financial assets of the company to the tune of $56.7 million (Ksh 6.7 billion) in frozen bank accounts and criminal charges filed by Asset Recovery Agency (ARA).

    The frozen alleged Flutterwave money laundering accounts are said to be in USD, British Pound Sterling, EURO, and Kenya shillings.

    A total of seven companies were entangled in the Flutterwave Money Laundering indictment that came down on Wednesday, which according to ARA, were used by Flutterwave to conduct money laundering in the guise of providing merchant services.

    The companies listed alongside Flutterwave were Boxtrip travel and tours limited, Bagtrip travel limited, Elivalat fintech limited, Adguru technology limited, Hupesi solutions, Cruz ride auto limited, and one Simon Ngige.

    “Investigations established that the bank accounts operations had suspicious activities where funds could be received from specific foreign entities, which raised suspicion. The funds were then transferred to related accounts as opposed to settlement to merchants,” ARA alleged in filings.

     

    David Revelation Coincides, Questions Lingers

    Recall that in April, independent journalist David Hundeyin published a report that exposed alleged financial, criminal, and ethical lapses against Flutterwave and its CEO Gbenga Agboola “GB,” with a shocking revelation of inside trading, sexual harassment, and workplace bullying.

    David gave an analogy into what could be the foundation the African tech unicorn is built on, saying, “Thinking of Flutterwave as simply a business that processes electronic payments would be like thinking of the New York Mafia as a group of pizza shop owners – there certainly is that, but there is also so much more going on under the hood.” 

    David’s report coincides with the current investigation by ARA into Flutterwave’s operations that began several months ago, as reported by The Star, stating that the authorities obtained warrants to seize the firm’s accounts in April. The provisional seizure permit was granted for 90 days, and the matter will be heard in Kenya’s court on November 7. These two seemingly glaring accusations now call into question the legitimacy of Flutterwave operations.

    Without forgetting that Flutterwave CEO Agboola denied the allegations as reported by David but said he would make necessary changes to his management of the firm going forward, and just a few weeks ago, the African tech unicorn made 2 significant changes to its C-suite — hiring ex-Goldman Sachs managing director as its CTO, and former American Express VP Oneal Bhambani as its CFO — we wait to see how the management handles this fresh allegation.

     

    Operating Illegal Payment Service For Disguise

    Flutterwave was registered on February 23, 2017, according to court records. Olugbenga Agboola, David Mouko (a Kenyan), and Flutterwave Inc. are identified as its directors.

    Isaac Nakitare, an investigator with the Asset Recovery Agency (ARA), said in an affidavit that they received orders to search and examine the accounts of Flutterwave 52 being Kenyan bank accounts, 29 with Guaranty Trust Bank, 17 with Equity Bank, and 6 with Ecobank, all holding about Ksh 7 billion and some of the money was deposited into fixed deposit accounts. 

    The agency claims that Flutterwave concealed the nature of its company and operated a payment service platform without consent from the central bank of Kenya (CBK), as required by section 12 of the national payment system act. He also mentioned that, under the pretext of offering merchant services, the accounts were exploited as channels for money laundering.

     

    Read AlsoFlutterwave Expose: The Untold Story of an African Tech Giant

     

    In the indictment, Mr. Agboola was said to have conducted suspicious transactions to the tune of $101 million (12 billion Ksh) before authorities caught wind of his activities. “Mr. Agboola and his partners in Nairobi were alleged to have hidden under the shadows to exploit the country’s financial system, including conducting about 185 online card payments using the same identification number,” said Nakitare.

    Several other suspicious transactions were also flagged by anti-money laundering detectives, including another instance in which Mr. Agboola allegedly conspired with another Nigerian national to launder cash through the Kenyan banking system.

    “If indeed the Flutterwave was providing merchant services, there was no evidence of retail transactions from customers paying for goods and services. Further, there is no evidence of settlements to the alleged merchants,” Nakitare added.

     

    Cracking Down The Flutterwave Money Laundering Chain

    Nakitare further reveals the investigation saying –

    The company’s Equity account number revealed that it had received 185 online card payments from customers in May 2021, all of which had identical bank identity numbers.

    There is a suspicion of card fraud because the transactions were completed using cards from the same bank at the same time on the same day.

    For instance, the USD Bank account for Flutterwave equity was started in November 2020. The bulk of the money came from Flutterwave Inc. The account received about Ksh 12 billion between 2020 and 2022; some of the money was transferred to Remix Ltd., while the rest was put in a fixed deposit account.

    Justice Maina additionally granted orders prohibiting Boxtrip Travels and Tours Limited from moving or withdrawing the Ksh 460 million ($3.9 million) held in his Eco bank account. Enigma Olufemi, a Nigerian, is named as the company’s director.

    ARA states, “The company received the money from Flutterwave ltd in two days. That is 27 to 28 April this year. No explanation nor supporting documents were provided to justify the transactions; therefore, reasonable grounds to believe that the accounts were used as conduits for money laundering.”

     

    Read Also :  Layer3 Warns Against Hosting Data Abroad

     

    For Bagtrip travels, the court froze its account, holding Ksh 425 million shillings. The company’s director is listed as Taiwo Soyemi, a Nigerian National. It received the funds from Flutterwave ltd and rainbow solution technology on 28 April and 6 May 2022.

    A further Ksh 1.2 million belonging to Elivalat Fintech Limited was frozen. Some of the monies were transferred to Tiware Adrian Simon, who is one of the directors at Elivalat ltd, and to Muoko David, who is one of the directors of Flutterwave ltd.

    For Aduru technology limited, the court froze Ksh 100 million held in its Equity account. The directors of the company are listed as Adaeze Okonko and Caroline Muchina, wife to David Muoko, who is a director of Flutterwave.

    For Hupesi solutions, the court preserved the Ksh 1.6 million held in its Equity account. The proprietor of the company is listed as Festus Mutuku.

    The documents indicate that the company’s equity account received a total of Ksh 143m, of which 54 million was transferred to Flutterwave payments, 45 million to GC Natural PL, and internal transfers of Ksh 26 million.

    The transactions were done in tranches below Ksh 1 million to avoid reporting threshold. But by the time the agency obtained orders to freeze, only 1.6 million was left in the account.

    The court preserved another Ksh 2.4 million held in the account of Crus ride, a motor vehicle dealer. The company is said to have received the funds from Flutterwave on June 6.  The funds were later transferred to Simon Ngige.

    “The account had been dormant and had not received any funds from September 2021 to May 2022. However, in June 2022, the account received $269,000 (Ksh 31.7 million).”

    The documents indicate that Ngige received $452,000 (Ksh 53.3 million) in his KCB account from Flutterwave, Cavin solutions, and Cruz ride auto. On June 24, Ngige transferred $200,000 (Ksh 23.6 million) to his KCB account. The court stopped him from transferring Ksh14 million left in his account. “An analysis of the statements of accounts established that the accounts received suspicious deposits that indicate smurfing activities hoping to evade detection.”

     

    Flutterwave CEO’s Response To The Allegation

    Upon contacting Mr. Agboola on the Flutterwave money-laundering allegations by Peoples Gazette’s spokesperson, Mr. Agboola suggested the charges were politically motivated, saying,

    “Why are Nigerian companies in Kenya being targeted by Kenya ARA? This is happening near their election time.” He also said Flutterwave was not the first Nigerian firm to be targeted in Kenya.