Leaked Grant Thorton report reveals beneficiaries of BML’s risky pre-2008 lending

Additional reporting by JJ Robinson

A leaked draft of a report into the Bank of Maldives’ (BML) lending practices prior to 2008 has identified those behind potentially destabilising breaches of both BML and Maldives Monetary Authority (MMA) guidelines.

The asset recovery investigation by forensic accounting company Grant Thornton, drawing on the 2008 Attorney General’s report on BML, concludes that it would have been “impossible for the [BML] board to not have been influenced” in the granting of significant exposures in the form of credit to a select coterie of Gayoom-era affiliates.

The document reveals well-connected individuals bypassing BML rules regarding the handling of non-performing assets, with a number of large companies belonging to politically-active businessmen continuing to receive credit despite failing to satisfactorily meet previous repayment obligations.

“The large exposures that BML held, were in the main, due to members of the board or their relatives,” the report found.

“Due to the fact that the largest exposures of the bank were from Board members and/or their families, it would be unrealistic for the Board to provide any clear independent review of the banking facilities provided, and would in [our] view form conflict of interest issues for those Board Members involved,” it added.

The report names a number of individuals and business groups who benefitted from the state bank’s loan and overdraft facilities towards the end of Maumoon Abdul Gayoom’s 30 year tenure as head of state.

The government was handed a US$10million (MVR 154.2 million) invoice from Grant Thornton last year in what former Foreign Minister Dr Ahmed Shaheed told Minivan News was a penalty fee for stopping the investigation initiated under Gayoom’s successor Mohamed Nasheed.

Prior to the alleged request from the current government to halt the investigation, Grant Thornton had uncovered evidence of an alleged US$800 million oil trade involving former head of the State Trading Organisation (STO) and current presidential hopeful Abdulla Yameen. Shaheed alleged that the accounting firm was contracted to receive a percentage of any assets recovered as a result of its work.

The private parties named in Grant Thorton’s BML assessment include the Sun Group, Lily Group, Sultans of the Seas, VA Group, Afeef Group, Villa Group, Thasmeen Ali, VB Group, and Rainbow.

“Many of the above parties benefited from loans that were used to assist in purchasing leases for resorts, related tourism businesses etc, of which would not have been achieved without the connections held by certain individuals,” the report said.

The report also makes particular mention of the role of Ibrahim Gasim, both Finance Minister and non-executive BML board member at the time of the majority of cases documented within the Grant Thornton report.

Gasim, who is also standing as the Jumhoree Party (JP) presidential candidate in next month’s election, would have been responsible for the appointment of the majority of the BML board at this time.

Grant Thornton’s report revealed that Gasim’s Villa Group had been loaned MVR481,299,571 (US$37,601,520) as of October 31st 2008, representing 32.4 percent of the bank’s entire capital.

This represents one of a number of examples of such exposure featured in the report, despite the Bank’s acquiescence in 2006 to an MMA request to reduce any credit guaranteed to individual or related group borrowers to 30 percent of overall capital.

After repeated lobbying, the MMA increased this amount to 40 percent. Grant Thornton suggested that this extension request was due to the fact that a number of the groups mentioned in its report were already exceeding the original lower limit.

In rejecting one of BML’s requests for an increased credit exposure limit, the MMA wrote that “such concentration of credit is far in excess of the legal lending limits of the bank and it could seriously threaten the bank’s position, and the stability of the whole financial sector,” the leaked document stated.

Even with this increase, Sun Group is reported to have exceeded this limit after January 2008, with loans and overdraft facilities reaching  MVR 607,345,442 (US$46,879,400) as of 31 October 2008.

“This amounted to 40.8 percent of the Bank’s capital as at 31 October 2008,” the report observed.

Loans and overdraft facilities provided to Afeef Group totalled MVR 245,123,414 (US$19,150,266) as of October 31, 2008 – approximately 16.5 percent of BML’s total capital at the time.

Sun Group Chairman and majority shareholder Ahmed Shiyam’s Maldivian Development Alliance (MDA) meanwhile this week announced its decision to form a coalition the Progressive Party of Maldives (PPM), headed by former President Gayoom.

Alterations to BML’s internal loan approval mechanisms for board members in May 2007 resulted in the bypassing of the bank’s Credit Committee.

“This effectively meant that those Board Members that had applied for credit facilities were approving their own loans,” stated the draft report.

BML board members complicit in self-approving their own credit lines include Mohamed Ahmed Didi (Sultans Group shareholder), Ahmed Hamza (Director of the VA Group), and Gasim (Chairman of the Villa Group).

Director Mohamed Adil also features prominently, being cited in one particular example of a board meeting in which he approved the re-financing of the Sultan Group’s debt at the same time as being the group’s major director/shareholder.

BML’s recovery

In the intervening years, BML wrote off multiple toxic non-performing assets and returned to profitability, largely by outright ceasing to pay dividends to shareholders for almost five years.

The Bank’s board approved a MVR 50 million (US$3.23 million) interim dividend to shareholders in July 2013, the first since 2008.

“This marks the end of a painful and challenging journey that began in 2009 when the bank reported record level non-performing loans. However, in recent years Bank of Maldives has reported record level earnings and operating profit and the company returned to profit in 2012,” read a statement from BML.

BML’s former CEO Peter Horton, a UK banker appointed in February 2011 with extensive experience tackling distressed portfolios and problem lending across Africa as part of Barclay’s corporate turnaround team, resigned in August 2013 to head up Bermuda Commercial Bank.

“The profitability and dividend payment will be sustainable going forward,” said Horton in the bank’s July statement. “This is an interim dividend and at MVR 9.29 [a share] for the half year places us in a strong position to pay the highest full year dividend in the Bank’s recent history at year end”.

Download the leaked GT report

Likes(0)Dislikes(0)

Bank of Maldives reportedly resolves US$58 million debt chase out of court

The Supreme Court has dismissed an appeal filed by two companies linked to Dhivehi Rayyithunge Party (DRP) Leader and President Mohamed Waheed’s vice presidential candidate Ahmed Thasmeen Ali concerning unpaid debts to the Bank of Maldives (BML), after an out-of-court settlement was reportedly reached by both parties.

Lawyers representing Mahandhoo Investments and Kabalifaru Investments – companies with ties to Thasmeen – told presiding Supreme Justice Ali Hameed that they had negotiated a settlement with BML over US$58 million owed to the bank, according to local media.

Mahandhoo and Kabalifaru had appealed a High Court verdict upholding a Civil Court ruling – issued three years and eight months ago – ordering the companies to settle the debt.

BML lawyers confirmed to the court that such an agreement had been reached and that they had no objection to the Supreme Court dismissing the case, private broadcaster VTV reported.

Thasmeen and the Department of Judicial Administration were not responding to calls at time of press.

Minivan News is also awaiting a response from BML, with the bank’s public relations manager Hussain Rasheed claiming he had not received official confirmation that a settlement had been reached in the case at time of press.

Today’s case was heard a day after Ahmed Faiz, a council member of President Waheed’s Gaumee Ihthihaad Party (GIP), was arrested after reportedly trying to sell a sex tape of a Supreme Court Justice.

Media reports have not identified the judge involved in the case. However, potentially compromising photos alleged to depict Supreme Justice Ali Hameed, who oversaw today’s trial of the BML case, began circulating on social media in March this year. The images appear to show the judge in a hotel room with a woman.

Debt claims

In October 2011, the High Court upheld Civil Court verdicts issued in late 2009 ordering Mahandhoo Investments and Kabalifaru Investments to repay millions of dollars worth of loans to BML.

In the first case involving Mahandhoo Investments, BML issued a US$23.5 million demand loan, a US$103,200 bank guarantee and US$30,090 letter of credit on July 10, 2008.

The second case involved a US$3.3 million loan issued to Kabaalifaru Investment. A Civil Court verdict on September 30, 2009 ordered the company to settle the debt within 12 months.

Meanwhile, a third case involving a Civil Court verdict in December 2009 ordered luxury yachting company Sultans of the Seas – with close ties to the DRP leader – to pay over US$50 million in unpaid loans, including incurred interest and fines, was also appealed at the High Court.

In September 2009, Maldives Customs filed a case at Civil Court to recover US$8.5 million from Sultans of the Seas in unpaid duties and fines for allegedly defrauding customs to import two luxury yachts, and in February 2010 the court ordered the company to pay MVR 110 million (US$7 million) as fines and unpaid import duties.

MP Thasmeen, this month appointed as the running mate of President Dr Mohamed Waheed ahead of September’s election, is himself expected to face a Supreme Court case over whether his parliamentary seat should be vacated over the issue of unpaid debts.

Former opposition Maldivian Democratic Party (MDP) MP Mohamed Musthafa announced his intention this week to file a case at the country’s apex court requesting a decision on whether Thasmeen should lose his seat for not paying back loans taken from Deputy Speaker of Parliament Ahmed Nazim.

Musthafa also raised issues concerning funding taken from the Bank of Maldives by companies including Mahandhoo Investments and Kabalifaru Investments, in which the DRP Leader is said to be a shareholder.

Musthafa was disqualified from the parliament in 2012 over an unpaid decreed debt, which the court concluded had rendered him constitutionally ineligible to remain in the seat.

As a consequence, he argued there was precedent for the court to declare MP Thasmeen’s Kendhoo Constituency seat vacant.

On June 17, the Civil Court ordered all Thasmeen’s bank accounts of frozen, and ordered immigration to withhold his passport following a case filed by Deputy Speaker Nazim to recover a debt of MVR 1.92 million (US$124,513).

Nazim filed the case requesting enforcement of a Civil Court verdict in April 2011 – upheld by the High Court in April 2013 – ordering the vice presidential candidate to pay back the money.

Nazim, an MP with the Progressive Party of the Maldives (PPM), initially sued Thasmeen in March 2011 to recover the remainder of a loan worth MVR 2.55 million (US$200,000).

Likes(0)Dislikes(0)

State appeals High Court ruling favouring Sultans of the Seas in US$8.5 million fraud case

The state has appealed a High Court judgment overruling a Civil Court verdict ordering luxury yachting company Sultans of the Seas to pay Rf110.2 million (US$7.1 million) in fines and unpaid duties.

In September 2009, Maldives Custom Service filed a case at the Civil Court to recover US$8.5 million in fines and unpaid customs duties from Sultans of the Seas – a company associated with the family of Dhivehi Rayyithunge Party (DRP) Leader and Kendhoo MP Ahmed Thasmeen Ali – for allegedly defrauding customs to evade import duties for two luxury yachts.

At a press conference in June 2009, Director of Customs Abdul Rasheed Ibrahim revealed that Sultans evaded import duties for two Italian Azimut yachts, imported in December 2007 and March 2008.

“In the invoices, they said they purchased two used launches,” Rasheed explained, adding that an investigation by the customs internal audit discovered that Sultans had purchased two of Azimut’s latest models, which cost 12.3 million euros or Rf226 million (US$17.7 million).

However, the quoted price in the invoices and documents the company submitted to customs was Rf18 million (US$1.4 million).

While the Civil Court ruled in favour of customs in late 2009, the High Court overruled the verdict late last year.

According to local daily Haveeru, at the first Supreme Court hearing last Monday, State Attorney Ahmed Usham explained that the state decided to appeal the High Court ruling because the evidence was sufficient to establish fraud as documents submitted by Sultans claimed that the vessels were used when the two luxury speedboats were brand new.

The fraud was discovered when information was clarified through the Bank of Maldives Plc Ltd (BML), Usham added.

Sultan’s attorney Ibrahim Riza however argued that Sultans should not be held responsible for the actions of the former collector of customs and insisted that the Bank of Maldives documents did not clearly state that the vessels were new.

Adjourning the hearing, Justice Ali Hameed said a further hearing would only be held if the court wished to clarify certain matters after studying the appeal.

In May this year, former Principal Collector of Customs Ibrahim Shafiu, also ex-registrar of DRP until the 2008 presidential election, was charged with corruption for his role in the Sultans fraud case.

Shafiu had been living in Canada since former President Maumoon Abdul Gayoom’s election defeat and returned to the Maldives following the controversial transfer of power in February.

Shafiu was charged with abuse of authority for allegedly helping change details of the yachts through his influence over the valuation committee to decrease duty payable for the vessels. The former DRP registrar pleaded not guilty to the charges.

BML loans

Gayoom and ThasmeenMeanwhile in October 2011, the High Court upheld Civil Court verdicts ordering Mahandhoo Investments and Kabalifaru Investments – two resort businesses with close ties to DRP Leader Ahmed Thasmeen Ali and running mate of former President Gayoom in 2008 – to repay millions of dollars worth of loans to the Bank of Maldives.

DRP MP Mohamed Nashiz, brother of the DRP leader and managing director of Kabaalifaru, and DRP MP Ali Azim, a loan guarantor, were among the appellants at the High Court.

Both MPs had signed ‘joint and several guarantee and indemnity’ agreements for the loans issued in mid-2008.

In the first case involving Mahandhoo Investments, BML had issued a US$23.5 million demand loan, a US$103,200 bank guarantee and US$30,090 letter of credit on July 10, 2008.

The second case meanwhile involved a US$3.3 million loan issued to Kabaalifaru Investment and the appeal of a Civil Court verdict on September 30, 2009 ordering the company to settle the debt in the next 12 months.

Both verdict were however appealed at the High Court and remained stalled for almost two years before the rulings in October 2011.

Moreover, in December 2009, the Civil Court ordered Sultans of the Seas to pay over Rf654 million (US$50 million) in unpaid loans, fines and accumulated interest to the Bank of Maldives in the course of one year.

Ruling in favour of the bank, Judge Aisha Shujoon said the company was liable for loans of US$15.3 million, US$8.7 million and €12.5 million as well as US$500,000 in combined credit limit facilities as agreed upon in June 2008.

The judge ruled that records and documents presented to court proved that as of December 7, 2009, Sultans owes US$18 million on the first demand loan, US$10 million on the second and €14 million on the third.

In a BML audit report released in January 2009, Auditor General Ibrahim Naeem warned that defaults on bank loans issued to influential political players could jeopardise the entire financial system of the country.

Over 60 per cent of the US$633 million worth of loans issued in 2008 was granted to 12 parties, the report noted.

According to the report, US$45 million was issued to Sultans of the Seas and US$36 million to Fonnadhoo Tuna Products, two loans which comprised 13 per cent of the total loans issued in 2008.

The report noted that Fonaddhoo was owned by DRP Leader Thasmeen while the owners of Sultans of the Seas were closely associated with the former minority leader of parliament.

Likes(0)Dislikes(0)

Former head of customs pleads not guilty to corruption charges

Former principle collector of customs and registrar of the Dhivehi Rayyithunge Party (DRP), Ibrahim Shafiu, pleaded not guilty to corruption charges at the Criminal Court today.

Shafiu is accused of abuse of authority to help a company named Centre Enterprises evade import duties for a crane.

The ex-chief spokesperson of DRP under former President Maumoon Abdul Gayoom had also pleaded not guilty to similar charges of assisting a company associated with current DRP Leader Ahmed Thasmeen Ali, ‘Sultans of the Seas,’ evade import duties for two luxury speedboats.

Sultans had evaded Rf52 million (US$4 million) in custom duties after Shafiu had decreased the duty payable for the two vessels and refused to fine the company. Import duties owed by Centre Enterprises were meanwhile reduced by 35 percent and 20 percent, allegedly through Shafiu’s influence over the valuation committee.

Although the charges against the ex-customs head were filed in September 2009, the case had remained stalled as Shafiu had been living in Canada following President Gayoom’s defeat in the October 2008 presidential election.

Shafiu was arrested at the airport and served with court summons when he arrived in the Maldives last month.

According to newspaper Haveeru, Judge Saeed Ibrahim adjourned the hearing after the prosecuting attorney requested time to evaluate the evidence against Shafiu as a number of others were implicated along with Shafiu.

Shafiu reportedly requested that the trial be expedited.

Other individuals charged in the case include Ibrahim Shiyam (H. Maafaage), Mohamed Anwar (SinaMale’ 03-35), Abdulla Waheed (M. Reason), former Chief Customer Officer Mohamed Armeen (M. Woodpecker) and Senior Customs Officer Hassan Sulaiman (Lh Hinnavaru, Landhooge).

Likes(0)Dislikes(0)

Sultans of the Sea ordered to pay US$50 million

The civil court yesterday ordered luxury yachting company Sultans of the Seas to pay over Rf654 million (US$50 million) in unpaid loans, fines and accumulated interest to the Bank of Maldives (BML) in the course of one year.

Ruling in favour of the bank, Judge Aisha Shujoon said the company was liable for loans of US$15.3 million, US$8.7 million and €12.5 million as well as US$500,000 in combined credit limit facilities as agreed upon in June 2008.

The judge ruled that records and documents presented to court proved that as of 7 December, Sultans owes US$18 million on the first demand loan, US$10 million on the second and €14 million on the third.

Sultans would have to pay the loans back in monthly instalments of about US$4.2 million, the court ruled. If the company failed to make the payments by 7 December 2010, yachts and property mortgaged by the company will be sold in auction after a 15 day period.

Minivan News was unavailable to reach senior officials of the company for a comment today.

In the BML audit report released in January, Auditor General Ibrahim Naeem revealed that defaults on bank loans issued to influential political players could jeopardise the entire financial system of the country.

Over 60 per cent of the US$633 million worth of loans issued in 2008 was granted to 12 parties, the report said.

According to the report, US$45 million was granted to Sultans of the Seas and US$36 million to Fonnadhoo Tuna Products, which comprised 13 per cent of the total loan amount in 2008.

It notes that Fonaddhoo is owned by Kendhoo MP Ahmed Thasmeen Ali, a former minister and now parliamentary group leader of the opposition Dhivehi Rayyithunge Party, while the owners of Sultans of the Seas were closely associated with the DRP deputy leader.

In September, Maldives Customs filed a case at civil court to recover US$8.5 million from Sultans of the Seas in unpaid duties and fines for allegedly defrauding customs to import two luxury yachts.

Likes(0)Dislikes(0)