American banker’s role in Anglo Leasing scam revealed
Former finance minister David Mwiraria. PHOTO | FILE
What you need to know:
Bradley Birkenfeld signed crucial papers as Infotalent MD which led to an irregular Sh528 million payment to the firm.
A Kenyan court has issued a warrant of arrest for Mr Birkenfeld and Brian Mills, another foreigner.
The Ethics and Anti-Corruption Commission (EACC) has disclosed that American Bradley Birkenfeld signed crucial documents as the Infotalent Ltd managing director, one of the firms linked to the multibillion-shilling Anglo Leasing scandal.
He was, however, not even a director of the firm.
The EACC has said in court papers that Mr Birkenfeld signed a supplier’s finance agreement and documents for direct procurement as Infotalent’s managing director, which saw then finance minister David Mwiraria approve an irregular Sh528 million payment to the firm.
Mr Birkenfeld has been accused alongside 13 others of conspiring to defraud the government of public funds amounting to over Sh50 billion through the infamous Anglo Leasing scandal. The court issued a warrant of arrest for Mr Birkenfeld and Brian Mills, another foreigner.
“The agreement was executed on November 19,2003, a Mr Bradley Birkenfeld signed on behalf of Infotalent in his capacity as managing director. The fraudulent procurement scheme was designed to defraud the taxpayer,” EACC sleuth John Kiilu said.
The crime was allegedly committed between October 30, 2003 and April 14, 2004 in Nairobi, according to the charge sheet. Documents have since shown that Mr Birkenfeld is not a director at Infotalent.
EACC made the revelation in response to a suit in which billionaire businessman Deepak Kamani, his father Chamanlal and brother Rashmi are trying to stop criminal proceedings against them for their alleged role in the multibillion-shilling scandal.
Diversionary scheme
Mr Kamani argues that the family’s prosecution is a diversionary political scheme engineered by the government.
The Kamanis enjoined Director of Public Prosecutions Keriako Tobiko in the suit. They filed the suit after being charged with fraudulently acquiring public property in contravention of procurement laws in the Chief Magistrate’s Court last month.
Attorney General Githu Muigai said charges against the Kamanis and 10 others, including Mr Birkenfeld, were instituted after careful investigations that revealed they colluded with government officials to embezzle public funds.
Mr Birkenfeld, Mr Mills and Mr Mwiraria are the only three individuals in the lot of 13 suspects who are yet to be charged.
Mr Tobiko, however, says plans are underway to extradite Mr Birkenfeld to Kenya and that the relevant documents have already been filed with the American authorities.
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