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Indian businessman Prateek Gupta has accused workers of commodity group Trafigura of looking for his collaboration in masking up a multimillion-dollar buying and selling fraud, London’s High Court heard on Tuesday.
In one of many largest scandals to rock the metals business, the alleged fraud concerned a $600mn writedown after greater than 1,000 cargoes, supposedly of nickel, had been discovered to include far much less helpful supplies.
Gupta himself is accused by Trafigura of being the mastermind behind the fraud.
Trafigura mentioned in a press release that “Gupta’s claims appear to be nothing more than mudslinging to deflect attention from the fraud he admits to committing against Trafigura”.
The firm insists that none of its workers knew the containers saved one thing aside from high-quality nickel and mentioned it was duped by Gupta.
The Indian businessman claims Trafigura tried to cover the fraud from its predominant lender Citibank, insisting the commodity group devised the scheme, which he was requested by the corporate to participate in.
Gupta outlined his most complete account of occasions involving the fraud within the High Court in an enchantment in opposition to a freezing order of his private and enterprise belongings, which his legal professionals described as akin to a “nuclear weapon”.
Gupta claims Trafigura didn’t disclose proof displaying its former head of nickel buying and selling Sokratis Oikonomou and senior Mumbai-based dealer Harshdeep Bhatia knew of the scheme.
His legal professionals sought to undermine an account by Oikonomou, who was fired when the alleged fraud was unveiled in February, which insisted Trafigura workers had no consciousness the containers had been transporting supplies of a decrease worth aside from high-purity nickel.
In Oikonomou’s newest affidavit, he maintained he “absolutely did not devise, know of, or participate in any such arrangement” to commerce supplies aside from high-purity nickel that will be offered as the dear steel to Citibank.
Citibank had allegedly prolonged $850mn of credit score for trades with Gupta’s commodity buying and selling corporations, which might promote cargoes of nickel to Trafigura and purchase them again after 90-180 days in transit in an association known as “transit financing”.
Gupta’s legal professionals argued in courtroom that Trafigura’s administration would have identified Oikonomou’s claims that he was unaware of the fraudulent scheme had been “implausible” in the event that they considered it for any time frame.
Transcripts of WhatsApp conversations, launched by Gupta in courtroom on Tuesday, seem to indicate how the commodity group utilized stress on the Indian businessman to keep away from elevating suspicions in regards to the fraud from its personal commerce finance division and Citibank.
The WhatsApp messages seem to indicate Bhatia instructed Gupta to interrupt up the units of entities promoting cargoes and shopping for them again into two separate teams to keep away from elevating any suspicions. He appears to have praised Gupta in June 2021 on the “good response work to avoid any red flags”.
Bhatia additionally requested Gupta in WhatsApp exchanges to keep away from cargoes from coming into warehouses the place they might be inspected to keep away from revealing the character of the trades, in response to proof entered by Gupta.
Another Trafigura worker Thibaut Barthelme, head of commerce finance for refined metals, despatched an e mail, which was revealed in courtroom, to Oikonomou and one other dealer Mehdi Wetterwald in October 2022 that appeared to acknowledge the likelihood that an inspection of the cargoes might uncover one thing aside from nickel.
“We had Citi on a call again on Friday . . . They are insisting on inspections, which we will have to do on the containers that are arriving at port. This is key for them and we can’t avoid it this time,” he wrote.
“Then the question is do we want to get them involved in the inspection process . . . if we find no materials or if there is an issue, they will know immediately and who knows how they will react.”
Trafigura’s legal professionals mentioned the WhatsApp messages and emails don’t include “any statement clearly indicating complicity in the fraud on the part of any Trafigura employee” and dismissed Gupta’s defence as “flawed and frankly desperate”.
https://www.ft.com/content/3e12dad6-014e-46b8-9681-405801f6c1f8