Published On : Tue, Sep 17th, 2024
By Nagpur Today Nagpur News

Somiphos under scrutiny for ties with fugitive and crime kingpin Amit Gupta.

Somiphos, the Algerian government-controlled phosphate mining corporation, operates in the phosphate sector, while Amit Gupta heads Agrifields DMCC, a Dubai-based company involved in fertilizer and phosphate trading.

According to Sydney Morning Heralds’ award-winning investigative journalist Nick McKenzie, Amit Gupta isdescribed as an “alleged corporate crime kingpin and fugitive from justice” who “has built a global business worth an estimated $800 million.” He is also said to have “backed a political coup on the small Pacific Island of Nauru by bribing multiple politicians who had plotted to topple the government.”

In 2020, “the AFP moved to seize multiple properties and bank accounts connected to Gupta in Australia, Singapore and New York worth an estimated $200 million.” Gupta was subject to an attempted extradition by the Australian government in 2023 and now faces a global travel restriction due to an Interpol Red Notice. As a result, Gupta remains confined to his base in Dubai.

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Nick McKenzie, a two-time recipient of the Graham Perkin Australian Journalist of the Year award, reports that “Banking records suggest Gupta’s companies also paid suspected bribes to senior Algerian officials for mining concessions in Africa.”

The Somiphos Scandal:

Amit Gupta has significant business relationships with Somiphos, also referred to as Société Des Mines De Phosphate or Ferphos, in Algeria, which is related to this disclosure. Somiphos, the state-owned phosphate entity, conducts most of its business with Gupta’s company, Agrifields DMCC.

The alarming issue is that a state-owned company is engaging with an individual who is under criminal scrutiny for bribing government officials, including the former President, justice minister, and the current President of Nauru, as reported by ABC.

Amit Gupta also faces accusations of money laundering, fraud, account manipulation, and forgery, with investigations by authorities such as the Australian Federal Police and Indian police.

Moreover, the Sydney Morning Herald states that “The US documents name Getax director Amit Gupta as the ‘target of a criminal investigation who is alleged to have conspired with others to bribe foreign public officials and to have engaged in money laundering and other offences’,” and notes that “In 2018, Singaporean anti-corruption authorities fined Getax Singapore S$80,000 for bribery.”

Yet, the Somiphos Scandal extends far beyond this. Click the text to access the cited documents for further details.

Gupta’s former company, Getax, was procuring around 600,000 tonnes of rock phosphate from Somiphos each year. These purchases were made at considerable discounts compared to market rates, potentially costing the Algerian state-owned enterprise hundreds of millions of dollars over the course of their dealings. How did Gupta manage this? By allegedly using the same approach as in Nauru—bribing public officials and employees.

Let’s delve deeper into the Somiphos Scandal through the newly revealed documents.

#1 Bribed official: Amara Charaf-Eddine

Position: Ferphos/Somiphos Director of Development

Details: Getax had paid fees of around $1 per tonne to the Ferphos/Somiphos Director. Amara is now the Chairman of Madar Holding and President of UNEP. (View Amara following up for his payments)

Banking records: Banking records show a Gupta-controlled entity paying US$53,019.36 on 13th November 2009 from its ABN Amro bank account to Mr. Amara Charaf-Eddine and another banking record shows US$50,000 transferred to him on 20th January 2010, for “consultation fees” and “payment against vessel of Khadiza Jahan” respectively to Charaf-Eddine’s beneficiary account /152475877270 at HSBC Singapore. (View Amara confirming bank details on email)& (View 2 Amara bribe transfers)

The entity that paid the money is Hi-Tech and it’s signatory and controller is Amit Gupta, as per its company records. (View signatory document).

Email records show the compensation structure for Charaf-Eddine being accepted by Getax officials as follows:

Monthly payment of US$5000
All travel, lodging, entertainment costs covered.
US$1 per tone in success fees, translating to approximately US$600,000 a year.

(View email of Getax accepting Charaf-Eddine bribery structure)

An email record reveals Mr. Charaf Eddine working to further the interests of Gupta by providing strategic advice to maintain his exclusivity. He sought a solution that would be “convenient to Getax and protects (Mr. Z) as well. (We need him inside)” and suggested drafting a letter to “Ferphos/Somiphos” to “Mention that Getax can go Legal.” Charaf Eddine added that “The Minister will react” and noted that “Ferphos don’t like legal procedures. They will react positively,” ensuring that Getax receives the “best price” and “preferential treatment,” according to Charaf Eddine’s own statements. (View Charaf-Eddine’s email).

#2 Bribed official: Lakhdar Mebarki

Position: Former President/CEO of Ferphos/Somiphos.

Banking records:

Banking records indicate that Getax Australia Pty Ltd made a payment of US$56,500 to Lakhdar Mebarki on December 4, 2007. Additionally, Lakhdar received kickbacks through his brother Salim Mebarki and a woman named Svitlana Mebarki, under various labels such as commissions and market introduction fees for rock phosphate. The records show a payment of US$1 per tonne, amounting to US$600,000 annually. The bank transfers reviewed reveal that at least US$300,000 (in a combination of USD, AUD, and EUR) was paid in kickbacks directly from Getax Australia Pty Ltd between December 4, 2007, and January 27, 2009.
(View 23-pages of Mebarki bribe bank transfers).

#3 Bribed official: Bouraouri Bekhouche

Position: Chief of Commercial of Somiphos/Ferphos

Banking records: Bank transfers show Getax Australia transferred US$48,000 to Berkhouche on 23rd March 2007 and US$20,000 on 23rd July 2007. Berkhouche also received US$0.5 per tonne in kickbacks, translating to US$300,000/annually. (View Berkhouche two bribe transfers).

Berkhouche also emailed Getax officials to direct payments to his USD bank at Bank of New York and his EUR account at Fortis Bank in Brussels. (View Berkhouche email)

According to the Australian Broadcasting Corporation (ABC) (ABC), when “the world price rose to almost $400 in 2008, Getax was paying as little as $43 per metric tonne.” This pricing advantage is likely due to the alleged bribery of senior officials at Somiphos/Ferphos.

Based on this, the Algerian state and its taxpayers could have lost up to US$214.2 million in potential earnings from shipping 600,000 tonnes in 2008 alone, equivalent to 28.683 billion Algerian Dinars.

The connection between Gupta and Somiphos has persisted for nearly twenty years and is currently managed through Agrifields DMCC and Agrifields FZE, both controlled by Amit Gupta.

The Sydney Morning Herald notes that “Agrifields DMCC” is “the name of the global fertiliser firm Gupta launched after fleeing Australia.”

In just under eight months this year, Indian customs documents reveal that Agrifields shipped at least 364,210 metric tonnes from Somiphos Algeria to India, generating at least 7.5 billion Algerian dinars in sales for Gupta. (View shipment documents here)

The actual figure is likely higher, as his company is reported to ship to additional ports.

The ongoing relationship between Amit Gupta and Somiphos/Ferphos is deeply troubling, raising significant concerns about the company’s integrity.

Despite Gupta’s extensive legal troubles and multiple global criminal charges, including bribery and corruption, Somiphos continues to engage in business with him. This persistent association not only compromises ethical standards but also indicates a disturbing lack of transparency and accountability in the management of state-owned resources.

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