The case in question has to do with an alleged tax issue and corporate dispute between shareholders of the MHM EKO Liberia Incorporated, a duly registered Liberian-Czech business under the laws of Liberia, that is mainly involved in in crushed rocks and related businesses.
The Secretary of the Liberian Senate, who is also the President and Chief Executive Officer(CEO) of the MHM EKO Liberia Inc., when quizzed by the Heritage at the weekend concerning the arrest order issued for him and others, declined to comment and said he will do so when the need arises.
The arrest order, which was issued by the Judge of Criminal Court “C”, Yamie Quiqui Gbeisay, was predicated on an indictment dated June 2, 2020 and drawn by the Grand Jury of Montserrado County.
The Criminal Court “C” is located at the Temple of Justice on Capitol Hill, Monrovia.
According to the indictment, a copy of which is in possession of the Heritage, the accused are indicted for the alleged crimes of economic sabotage, theft of property, forgery and criminal conspiracy.
The court officers, according to Judge Gbeisay’s order, would have begun vigorous search and arrest for all of the accused on Monday, June 15, 2020, apparently not knowing the LACC had retrieved and taken seize of the case in keeping with its mandate.
The LACC, in an official letter dated June 10, 2020 and addressed to the Minister of Justice and Attorney General of the Republic of Liberia, Cllr. Musa Frank Dean, a copy of which is in possession of this paper, the Executive Chairman of the LAAC, Cllr. A. Ndubusi Nwabudike, wrote: Dear Cllr. Dean: I present my compliments on behalf of the Liberia Anti-Corruption Commission (LACC) and wish to inform you of the Commission’s decision to retrieve, and become seized of cases forwarded to the Ministry of Justice for prosecution between 20218, 2019 and 2020 and on which no action taken.
“ This decision is consistent with Part X1: Section 11.4(a) of the Liberia Anti-Corruption Commission of 2008 which gives the Commission the power to prosecute cases directly if the Ministry of Justice, for whatever reason(s) does not take action to prosecute a case of corruption forwarded to it by the Commission within three(3) calendar months of receipt of the request to prosecute,” LACC Executive Chairman Nwabudike, in his letter to Minister Dean, among other things, states.
According to an insider at the LACC claiming anonymity, the case involving Singbe and others, borders on matter of alleged tax issue and corporate dispute between shareholders which does not fall in its mandate, thus the retrieval.
It can be recalled that in recent times, there have been accusations and counter accusations in both the electronic and print media concerning activities surrounding MHM EKO Liberia, Incorporated.
In instant, Singbeh was accused by a Norwegian national turned British citizen, the owner of Horizon Construction and Transport Company of embezzlement claiming to be the new Manager of MHM EKO Liberia, Inc., a position he claimed was given to him by Cllr. Dean, also claiming to be President and Chairman of the Board of Shareholders of MHM EKO Liberia, Inc. in July 2017, while on the other hand, Singbeh is claiming to be the President and Chairman of the Board of Shareholders of MHM EKO Liberia, Inc., a position he also claims that he occupies from June 2013 up to present, according to credible documents in our possession.
With all of these allegations from both sides, the Heritage launched an in-depth investigation surrounding the cause of the hassle between the two sides and to bring out the real truth of the matter. In conducting our investigation, this paper first moved to the Liberia Business Registry to ascertain whether MHM EKO Liberia, Inc. is a registered or fake company.
According to our investigation, MHM EKO Liberia, Inc. was established in May, 2013 by three incorporators namely; Messrs. J. Nanborlor F. Singbeh, Sr., a Liberian, Ales Sramek and RadimHrachovec both Czech nationals, and registered on June 17, by the Liberia Business Registry for the purpose of “quarrying of stone, sand and clay”. With that, according to documents obtained by this paper, Singbeh became the President and Chairman of the Board with a 30 percent share while the remaining 70 percent was given to MHM EKO s.r.o. represented by Ales Sramek and RadimHrachovec who reside in Czech Republic.
Six months thereafter, during which time an aggregate of the Rocks was analyzed to be of high Fe content, Ales and Radim returned to Liberia and told Singbeh that they were approached by PavelMiloshewsky and brother, Martin Miloshewsky to buy them out in order to become shareholders at which time Singbeh serving as President and Chairman of the Board transferred the 70 percent shares from MHM EKO s.r.o. to the Miloshewsky brothers. In effecting this change, according to documents in our possession, an Article of amendment to the Articles of Incorporation of MHM EKO Liberia was made and a Board of Directors Resolution established given the two Miloshewsky brothers 35 percent each and filed with the Liberia Business Registry on December 18, 2013.
Our investigation then proved that Pavel and his brother, Martin were never shareholders of MHM EKO Liberia, Inc. until six months after its establishment by Singbeh and others.
In furtherance of the authenticity of MHMEKO Liberia, Inc., this paper also traced a document at the Ministry of Lands, Mines and Energy where it was gathered that a Mineral Prospecting License was issued to MHM EKO Liberia on November 14, 2013 and later a Class B License issued of which a payment of US$10,000 was made into the General account of the Government of Liberia by Singbeh on behalf of MHM EKO Liberia, Inc. copy of which is in the possession of this paper along with the annual Liberia Business Registry payment of US$900 from 2013 up to 2019.
On the bad blood between Singbeh on one side and Musa Dean and his longtime client/partner, Armstrong on the other hand, documents in our possession, revealed that it all started when Armstrong without the knowledge of Singbeh as President and Chairman of the Board, “connived” with a Czech national called Vaclav Kyncl who was then the Chief Mechanic of MHM EKO Liberia, Inc., to surreptitiously remove one Caterpillar Tracked Excavator 325 DLN and one Atlas Copco Jack Hammer belonging to MHM EKO Liberia on the night of June 1, 2017 onboard a Load-bed Truck driven by one Musa Boakai of the Horizon Construction and Transport Company, a company owned by Mr. Armstrong and Partner to Yekepa, Nimba County for rent to Arcelor Mittal.
Our investigation furthered that when the equipment arrived in Yekepa, authorities of Arcelor Mittal requested documents at which time Armstrong informed them that he mistakenly left behind the documents in Monrovia but was leaving to get back the next day for the documents of the equipment. In the instant, Armstrong prepared a “fraudulent agreement” on the letterhead of his company, instead of that of MHM EKO Liberia, as renter signed said agreement with his company stamp thereon and typed the name of Singbeh and stamped same with the official stamp of MHM EKO Liberia, Inc. clandestinely given to him by Kyncl to prove that Singbeh was aware of the deal, so as to effect the rental contract with Arcelor Metal.
After the discovery of the fake contract documents and the missing caterpillar, Singbeh through the Wright and Associates Law Firm, Counsels representing MHM EKO Liberia, Inc. filed a complaint to the then Minister of Justice, the late Cllr. Frederick Cherueagainst Armstrong for fraudulently taking awayone Caterpillar Tracked Excavator 325 DLN and one Atlas Copco Jack Hammer belonging to MHM EKO Liberia, Inc. thereby renting same to Arcelor Mittal. A daily work report of the equipment in question is also in the possession of this Paper revealing that the renting of the stolen equipment started work on June 5, 2017 at the Tokadeh gate and later to the main mining areas where the equipment was being used for nine hours a day for the filling of trucks with waste.
While Armstrong was written on July 31, 2017 to appear on August 1, 2017 for his alleged fraudulent act based on the complaint filed before the then Minister of Justice, Cllr Cherue, Cllr Dean moved in another “clandestine way by fraudulently” appointing Hans Armstrong, the accused as General Manager of MHM EKO Liberia, Inc. dated July 31, 2017 and appointed himself (Musa Dean) as Chairman of the Board of Directors and President of MHM EKO Liberia, Inc., the position of Singbeh in order to circumvent the prosecution of his client and business partner, Armstrong. Documents in the possession of this paper also revealed that Cllr.
Dean announced his legal representation for Armstrong at which time when the investigation was done, recommendation was made to Minister Cherue that Cllr Dean be written to give his observation on his role as legal representative of Armstrong, the accused and that of his alleged present status with the MHM EKO Liberia, Inc. when in fact Singbeh was still documentarily referred to as President/CEO and Chairman of the Board of Shareholders up to the time the equipment and other materials were “clandestinely” removed by Armstrong.
Cllr. Dean is said to have delayed his response to the then minister until he was lucky to assume the position of Justice Minister, a position he presently serves with disdain as he is said to be part of every move that Hans Armstrong, his partner takes
In another development, documents in our possession from the 8th Judicial Circuit in Sanniquellie, Nimba County in its February Term of Court, AD 2020 indicted Mr. Armstrong for the Commission of the alleged crimes of Theft of property and forgery based on a probable cause as seen by the Grand inquest, where he is presently under bond. It is against this background that according to some close friends of Cllr Dean, who claimed anonymity, divulged that Cllr Dean narrated that in as much his longtime partner and client Armstrong was indicted for allegedly stealing MHM EKO's Caterpillar, Jackhammer and the “forging of documents”, he will make sure that Singbeh be also indicted not as President of MHM EKO, but as Secretary of the Senate to involve Republic of Liberia in carrying on his (Dean) “sinister deals” in order to save his client, Armstrong.
Armstrong was indicted along with Vaclav Kyncl in absentia. But Vaclav Kyncl is said to be on the run since June 2017.
It must be noted Minster Dean has been tight lipped on series allegations of having strong ties with Armstrong, , something, our investigation unearthed, is said to be exploited for what has been described as a “self-serving benefit” in favor of himself- Minister Dean and his client-Armstrong.