Clinton, Amoo Lamptey, Barnsbury Chambers WHERE EXCELLENCE MATTERS! P.O. Box 18424, Accra. E: [email protected]
To: Honorable Ms. Gloria Akuffo The Attorney General of Ghana Ministry of Justice and Attorney General's Department Accra, Ghana
CC: The President's Office CC: CID Headquarters CC: Interpol (Ghana) CC: The Economic and Organized Crime Office (EOCO) CC: Financial Intelligence Center CC: Bank of Ghana CC: Securities and Exchange Commission Cc: Registrar General's Department
18th December 2018
We write to you as the legal solicitors for Mr. Roger Knauf (a Belgium and Ghanaian citizen) and on behalf of other clients about to send us signed Power of Attorney documents to represent them. We also represent some members of a group known as the 'Aggrieved customers of Menzgold.'
Our client Mr. Knauf has been swindled out of GHC 1,437,400 GHC from Menzgold Ghana Ltd/Brew Marketing Consult Ltd and we are in the process of formally applying to the courts for the full amount owed to him and other clients, should negotiations with Mr. Mensah's lawyer, Lawyer Kwame Akuffo, be ineffective.
BREACH OF INVESTOR AGREEMENTS Although Menzgold Ghana Ltd has told the public that they are unable to pay their customers matured dividends on all gold investments due to the recent action taken against them by the SEC, the SEC did not agree with Menzgold Ghana Ltd. The SEC are of the view that their action did not stop Menzgold Ghana Ltd from paying customers returns on existing investments. Furthermore, as you are aware, a pending case in court against the SEC by Menzgold Ghana Ltd does not prevent Menzgold Ghana Ltd from paying investors their monies back since this is not a matter of the court determining whether this is a fraudulent matter (although the court may well find that fraud exists) but a matter of clear breach of the investors' agreements.
MATRIXED COMPANY STRUCTURE Menzgold has a matrixed company structure since Menzgold is the face of the business operations and Brew Marketing Consult Ltd the corporate entity that received most of the investors' funds. It is humbly requested that these entities as well as other associate companies be further investigated in order to retrieve investor funds.
STANDARD PROTOCOL AND CHAIN OF GOVERNMENT COMMAND We are aware that CID has received numerous complaints about the operations of Menzgold Ghana Ltd included complaints from our office. We are also aware of the fact that CID has referred the matter to their Financial Forensic Unit to further investigate this matter. Even if a criminal case has not been formally presented to the court, when a company is accused by the government of irregular financial activities particularly activities that affect vast members of the general public, standard protocol is to immediately freeze as many company bank accounts associated with that company (Menzgold Ghana Ltd, Brew Marketing Consult Ltd etc.); prevent the disposing of assets; prevent travel of senior associates of the companies and prevent further depletion of funds invested by the public pending a full criminal investigation.
We are aware that no corporate bank accounts have been frozen of Menzgold/Brew Marketing Consult Ltd since September 2018, arrests have not been made despite the amount of monies involved and Interpol has not been given instruction by CID to notify Interpol globally since CID has to be given the instruction by the Attorney General's department and the Attorney General in turn given the instruction by the President's office. All major corporate bank accounts have as such allegedly been depleted since accounts have not been frozen; senior officers of the company have not been prevented from travelling or told to return; assets have not been earmarked to prevent dissipation and an unprecedent level of protection appears to have been provided to Mr. Nana Appiah Mensah.
Respectfully, the enormous personal wealth and influence of an individual is not a barrier to justice in Ghana.
CRITICAL INFORMATION FOR YOUR OFFICES TO CONSIDER We have it on good authority that Mr. Nana Appiah Mensah has flown on his private jet with his family to South Africa as this incident with his companies Menzgold Ghana Ltd/ Brew Marketing Consult Ltd worsens. We have also heard rumours that he may have returned briefly in order to liquidate assets.
Brew Marketing Consult Ltd and not Menzgold Ghana Ltd received investors monies
My office has reviewed numerous 6 months and 12 months investor Gold Trading Agreements submitted by our clients. Brew Marketing Consult Ltd is the company all Menzgold clients paid monies to therefore these two company bank accounts, as well as all other associated company bank accounts, should be investigated domestically and internationally.
Bank accounts have allegedly not been frozen, assets not seized and assets allegedly sold and liquidated to evade payment to investors
I am concerned that Mr. Appiah's company bank accounts have allegedly not been frozen since the SEC debacle began in September 2018 and all other bank accounts related to the company including Brew Marketing Consult Ltd have not been investigated. Senior officers of the company have not been prevented from travelling (or told to return); assets have not been earmarked to prevent dissipation and an unprecedent level of protection appears to have been provided to Mr. Nana Appiah Mensah.
Menzgold Ghana Ltd has in recent months gone through the elaborate process of collecting customers bank account details in order to migrate them and pay them through bank transfers yet they have failed to pay the majority of clients and are working on a schedule of payment to pay high profile clients and people of influence.
Alleged depletion of Menzgold Ghana Ltd/Brew Marketing Consult Ltd Bank accounts
Since September 2018 the company bank accounts of Mr. Nana Appiah Mensah have allegedly been depleted due to the fact that the bank accounts are still not frozen by the Attorney General, FIC, SEC etc. Even if you were now to freeze the accounts, a lot of money has allegedly disappeared and we do not understand how almost 3 months could pass and the authorities not freeze accounts even if the matter is pending in court and the criminal investigation is underway.
Brew Marketing Consult Ltd
It is humbly suggested that the Registrar General investigates who the directors of Brew Marketing Consult Ltd are and in turn provides key departments with information as to the directors since the public paid monies into Brew Marketing Consult Ltd's accounts and not Menzgold Ghana Ltd. Furthermore, all associated company accounts of Mr. Nana Appiah Mensah should be investigated and a coordinated attempt in Ghana be made to ensure we understand his financial footprint.
Alleged sophisticated money laundry operation
It is alleged by our key sources that a sophisticated money laundering operation is being employed at present and we ask your office to further investigate this allegation.
REQUEST We humbly request that the Attorney General's department works with all government departments included The President's Office; CID Headquarters; Interpol (Ghana); EOCO; Financial Intelligence Center; Bank of Ghana; Securities and Exchange Commission and the
Registrar General's Department as well as our office so a coordinated attempt can be made to preserve Menzgold Ghana Ltd/Brew Marketing Consult Ltd's assets; claw back money taken from Ghana; trace monies removed from the accounts in cash and coordinate with Interpol globally to claw back any remaining investors monies even whilst the criminal investigation is being conducted since this is standard protocol globally and in high profile public interest cases in Ghana.
We also ask that your office determine whether Interpol (Ghana) should notify all Interpol offices throughout the world of the financial activities of Menzgold Ghana Ltd/ Brew Marketing Consult Ltd, and determine if Mr. Nana Appiah Mensah has landed in their country (his private jet's flight manifest will confirm this).
We ask that an extradition order is sought so that Mr. Nana Appiah Mensah can be questioned as to his business activities in Ghana since his business operations took in a lot of money from the public.
Should Mr. Appiah be in any of these Interpol (branch) countries and/or own bank accounts/properties in other countries; we ask on behalf of our client (and other clients about to send us signed Power of Attorneys); that Interpol shares this information with your office so that the financial footprint of Mr. Nana Appiah Mensah can be traced and his associated companies and close associates be investigated globally in order to further aid your criminal investigation. We have the resources in this country to ensure that investors monies are clawed back and directors of companies made accountable.
Ghana upholds the rule of law in all circumstances and I trust your office has already begun a coordinated effort to ensure investors are protected. We will also be liaising with numerous international bodies to ensure that this matter is resolved to our clients' satisfaction.
Schedule of clients
We will in the coming weeks submit a detailed and concise schedule of our clients so that they may receive help from the government to retrieve their investments. We will also be taking this matter to court on behalf of some our clients.
The group known as the 'Aggrieved Customers of Menzgold'
We have been engaged by some members of a group known as the 'Aggrieved customers of Menzgold' who have told us of their plan to ensure that should they not be paid their investments by Menzgold Ghana Ltd/Brew Marketing Consult and associated matrixed companies, they plan to hold the government accountable in the next election in a similar manner to the DKM micro finance debacle where NPP fulfilled its 2016 election campaign by settling the deposits of the collapsed micro-finance firm DKM. We have however told them to have full confidence in your office.
Our office can only do so much to help these aggrieved customers and we rely on your office and government to secure these monies. We will be submitting our clients list so they can be paid when investor monies are secured from the government.
Restoring public confidence
I pray that we be invited to liaise with your office and The President's Office; CID Headquarters; Interpol (Ghana); EOCO; Financial Intelligence Center; Bank of Ghana;
Securities and Exchange Commission and the Registrar General's Department so that a coordinated attempt is made to ensure that all investor monies are returned to them as per their signed agreements with Menzgold Ghana Ltd/Brew Marketing Consult.
We await your honorable office's response to our request.
Ms. Amanda Akuokor Clinton Esq.