By Staff Writer
Judge Roosevelt Willie of the Criminal Court ‘C,’ has ordered the Ministry of Finance, Central Bank of Liberia (CBL), and Financial Intelligence Agency (FIA), to appear before him and produce documentary evidence in the ongoing trial of former Finance Minister Samuel Tweah and three others co-defendants
The order was as a result of an application by the government lawyers praying the court to compel the trio (MoF, CBL and (FIA), to release in their possession documents of financial transaction among the defendants and the three public institutions, as well as communication exchanges among the defendants and the government owed entities.
The order addressed personally to each of the subpoenaed witnesses was signed on Friday, February 21, and they are to produce the documents on Monday, February 24, in the prosecution’s defense.
Tweah along with Cllr. Nyanti Tuan, former Acting Minister of Justice, Stanley S. Ford, former Director General, Financial Intelligence, D. Moses P. Cooper, former Financial Intelligence Comptroller, and Jefferson Karmoh, former National Security Advisor to President Weah are jointly charged with several criminal offences over their handling of the FIA admittance into the National Joint Security operations.
Their charges include, Economic Sabotage: (Fraud on the Internal Revenue of Liberia Misuse of public money, property, or record; Theft and/or illegal disbursement and expenditure of public money), Theft of Property, Money Laundering, Criminal Facilitation and Criminal Conspiracy.
INDICTMENT
COUNT one of the incident avers That, the Grand Jury for Montserrado County Sitting in its August Term of Court A. D. 2024, Republic of Liberia, upon their oath do hereby find, more probably than not, that you Defendants Samuel Tweh, former Minister of Finance, Cllr. Nyanti Tuan, former Acting Minister of Justice & Acting Chair Joint Security, Stanley ford, former FIA Director General & member Joint Security Council, and D. Moses P. Cooper, former Comptroller, FIA, in the discharge of your duties as officials of the National Joint Security of Liberia and the Financial Intelligence Agency, did conspire, collude, facilitate and did do and commit the Crime of Economic Sabotage (Fraud on the internal revenue of Liberia; Misuse of Public Money, Property or Record and Theft and/ or illegal disbursement and expenditure of public money) in violation of Chapter 15, Sections 15.80(a)(b)(d), 15.81 (a)(b)(c)and Section 15.82 (a)(b)(e)of the New Penal Law of Liberia, Title 26 of Liberia Codes of Law Revised, a felony of the first degree, to wit: 1.
That, between the period September 8-21, 2023, from transfers instructions documents submitted to the LACC Investigation by the CBL as indicated in counts-7, 8 & 9 of the investigative report, it shows that the total amounts transferred to the Operational accounts of the FIA by the CBL as per the instruction from the MFDP are LS1,055,152,540.00 billion and US$500,000.00.
That, though Co-defendant Samuel D. Tweah, then Minister of Finance and Development Planning (MFDP), was a member of the National Security Council, the Investigation did not establish any proof of documentary evidence such as Instruction from the National Security Council, or letter of request from the National Joint Security or the FIA to Co-defendant Tweah for which he (defendant Tweah) approved and subsequently ordered the transferred of the above mentioned amounts to the FIA account.
Of That Mr. Samuel D. Tweah, in the discharge of his duties as then Minister of Finance and Development Planning (MFDP), knowing full well that the amounts LS1,055,152,540.00 billion US$500,000.00 were never requested for by the National Joint Security, nor the National Security Council; and which were never authorized, but willingly conspired with Cllr. Nyenati Tuan, then Acting Minister of Justice, and Acting Chairman of the National Joint Security, thus causing the illegal transfer of the amount mentioned supra to the operational accounts (USD & LRD) of the Financial Intelligence Agency (FIA); and which cannot be accounted for,
That, on September 22, 2023, analysis of the Bank Statement of the FIA’s United States Dollar Operational account (A/C #: 1502021605) held at the CBL shows that the Management of the CBL transferred the total amount of US$500,000.00 to the said account of the FIA as per the instruction from co-defendant Samuel D. Tweah, then Minister of Finance and Development Planning; and that on the same day (September 22, 2023) the said amount (US$500,000.00) was withdrawn by D. Moses P. Cooper, then Acting Financial Controller of the Financial Intelligence Agency (FIA).
That between the period September 8-21, 2023 thereabout, analysis of the Bank Statement of the FIA’s Liberian Dollar Operational account (A/C #: 1501008108) held at the CBL shows that the Management of the Central Bank of Liberia (CBL) transferred the total amount of L$1,055,152,540.00 to the said account of the Financial Intelligence Agency (FIA) as per the instruction from the Minister of Finance and Development Planning (MFDP); and that between the periods (September 11, 2023-October 17, 2023) the total amount of LS1,055,145,040 was withdrawn by Co-defendant D. Moses P. Cooper, then Acting Financial Controller of the Financial Intelligence Agency (FIA), thus leaving a difference of L$7,500.00.
Please see the chart below: Withdrawals Date Amount (LRD) withdrawn Withdrawn by: Date of Transfer Amount (LRD) Transferred by CBL September 8, 27,819,000.00 2023 27,633,540.00 448,000,000.00 2023 September 21, 2023 398,000,000.00 ,153,700,000.00 Total 1,055,152,540.00 September 11, 55,452,540.00 D. Moses P. Cooper September 21, 187,480,000.00 D. Moses P. 2023 Cooper September 22, 350,000,000.00 D. Moses P. 450,000,000.00 Cooper September 25, 10,500,000.00 2023 2023 October 4, 412,500.00 2023 October 6, 500,000.00 2023 October 17, 300,000.00 2023 D. Moses P. Cooper D. Moses P. Cooper 500,000.00 D. Moses P. Cooper 1,055,145,040 D. Moses P. Cooper D. Moses P. Cooper See Exhibit-7 for Bank Statement of the FIA’s Operational Account (LRD).
That, though Co-defendant Cllr. Nyenati Tuan, then Acting Minister of Justice and Acting Chairman of the National Joint Security, confirmed to the Investigation that the National Joint Security did receive the funds which were transferred to the FIA on its (Joint Security) behalf, Cllr. Tuan failed to show how much each group of the Joint Security received (if any), and how said funds were expended.
That, on September 5, 2023; exactly two months following the admittance of the Financial Intelligence Agency (FIA) into the National Joint Security by Co-defendant Jefferson Karmoh, a letter with reference (NT/AM-SG/MOJ/050/2023/RL) under the signature of Co-defendant Nyenati Tuan, Solicitor General and then Acting Minister of Justice, was written to Co-defendant Stanley S. Ford, Director General of the Financial Intelligence Agency (FIA) informing him (Ford) that the National Joint Security of Liberia has secured funding for its operations and that the FIA had been designated for the channeling of said funds; and that upon the availability of the funds into the accounts of the FIA, Mr. Ford is instructed to release the said funds to the National Joint Security.
That, during the aforementioned period, the investigation did not establish any proof of documentary evidence that Co-defendant Nyenati Tuan letter to the FIA to receive and withdraw money transferred to its (FIA) operational Accounts for use by the National Joint Security was as a result of a directive or mandate from the Minister of Justice; but rather a consultation between him (Cllr. Nyenati) and Co-defendant Jefferson Karmoh, then National Security Advisor to the President of Liberia.
That, the investigation established no proof of documentary evidence that the Financial Intelligence Agency (FIA) as an institution or its Director General requested to the Ministry of Justice (MOJ) for admittance into the National Joint Security, contrary to statement made by Mr. Jefferson Karmoh, former Security Advisor to President George M. Weah, that the Financial Intelligence Agency (FIA) requested through the Ministry of Justice (MOJ); neither is there any evidence of letter of instruction from the MOJ to Mr. Karmoh, which would have serve the basis for issuing to the FIA a letter admitting it to the National Joint security as mentioned in count-3 of the LACC’s findings.
That, though Co-defendant Samuel D. Tweah, then Minister of Finance and Development Planning (MFDP), was a member of the National Security Council, the Investigation did not establish any proof of documentary evidence such as Instruction from the National Security Council, or letter of request from the National Joint Security or the FIA to Hon. Tweah for which he (Hon. Tweah) approved and subsequently ordered the transferred of the above mentioned amounts to the Financial Intelligence Agency (FIA).
Further to that, the investigation did not establish any proof of documentary evidence that Co-defendant Cllr. Nyenati Tuan letter to the FIA to receive and withdraw money transferred to its Financial Intelligence Agency (FIA) operational Accounts for use by the National Joint Security was as a result of a directive or mandate from the Minister of Justice; but rather a consultation between him (Cllr. Nyenati) and Co-defendant Jefferson Karmoh, then National Security Advisor to the President of Liberia.
That, the Plaintiff says that the Defendants have no affirmative defense in the premises. That, the defendants’ act is contrary to; 4LCLR, Title 26, Sections 15.80 (a)(b)(c), 15.81(a)(b)(c), 15.82 (a)(b)(c), 4LCLR,Title 26, Section 2.2 (b); and the peace and dignity of the Republic of Liberia.
