can you?

VICTOR OGHENE victoroghene at totalise.co.uk
Wed Dec 5 16:59:26 MST 2001


ATTN: DAVID WILSON.

 FROM: VICTOR OGHENE
 TEL: 234-1-7593539
  FAX: 234-1-7593963
 CELL: 234-802-3140396

Dear Sir,

In furtherance to your response in which you indicated your positive 
disposition towards cooperating with us, I hereby convey the approvals of my 
colleague that I continue discussion with you on this our mutual beneficial 
project. In a nutshell, the company/person needed must be very reliable. The 
funds when released will be invested in your country over a period of time 
with your company’s assistance. However, due to the sensitive nature of our 
positions in the Ministry, we do not want to be directly involved, but be rest 
assured that you would be directed accordingly. And I strictly advice that the 
transaction be kept between us only to avoid jeopardizing it. The funds would 
be released legally and necessary precautions have been taken to safe guide 
the intended beneficiary and us by following all the regulations of the 
government with regards to foreign payment.

It is pertinent to note that you understand how we intend to make you or your 
company the legal beneficiary of the funds amounting to US$26.4 Million.

We are government officials of my country who are about to commence a 
confidential transaction involving the transfer of funds that would greatly 
enhance our desire to carry out viable foreign investments. My colleagues and 
I are members of a Tender Board Committee of the Federal Ministry of Works and 
Housing (FMWH) Lagos. Our duties include: Award, Evaluation and Review of 
Contracts. In 1996, my committee (TBC) awarded contracts of US$150 000 000 
(One hundred and fifty million United States Dollars only) to a joint venture 
of SPEIBATIGNOLES and FOUGEROLLE, for an engineering, procurement, 
construction of high cost structures at Kaduna, Port Harcourt and the Federal 
Capital Territory, Abuja.

As it were, the actual contract sum was deliberately over-invoiced by us in 
the excess of US$26,400,000 (Twenty-Six Million Four Hundred Thousand United 
States Dollars Only). The project was executed, commissioned and the 
contractors paid accordingly. My colleagues and I agreed amongst us and worked 
out modalities to transfer the over-invoiced sum of US$26. 4 Million to a 
viable foreign account for our personal use. However, by virtue of our 
position as Civil Servants, we are prohibited by the Conduct Bureau (Civil 
Service Laws) from opening or operating foreign accounts. Also as members of 
this committee we cannot acquire these funds with our names because since 
foreign companies executed the contracts, it is only a foreign firm that can 
lay claim to the funds. This was why we decided to look for a foreign partner 
who can act as the beneficiary of these funds.

We have made perfect arrangements at the highest level for this US$26.4 
Million to be legally and officially claimed by a foreign company, this is 
where we require your assistance. We have also resolved that as long as you 
act as the sole beneficiary of the funds, the following will be the mode of 
disbursement: 30% for beneficiary i.e. account owner, and 70% for us. Our 
assurance is that your role is TOTALLY RISK FREE but our only fear is the 
confidentiality of this business from your end and we expect you to have 
complete control of the company as well as the bank account, which you intend 
to use for this transaction (Area of specialization of the company will not be 
important).

All modalities have been worked out and the necessary machinery put in place 
with the officials of the Federal Ministry of Finance and the Central Bank of 
Nigeria (CBN) to effect this payment within the shortest possible time (10-14 
days). In order to lay claim to these funds of US$26. 4 Million by your 
company and front you/your company as the beneficiary of the funds, my 
committee intends to use a government parastatal or establishment to award a 
formality a contract in favor of your company from the ministry which the 
contracts were awarded and executed. This is because the release of the funds 
to your account must be done in such a way that it looks like an actual 
contract payment to your company. For this purpose we will incorporate your 
company and register you as a contractor with the Board of Foreign Contractors 
and also pay tax for your company for at least three years here. We would also 
by virtue of our official position secure for your company the necessary back 
up documents that will facilitate the release/transfer of the funds to you as 
the beneficiary. We would also make an official recommendation to the Federal 
Ministry of Finance and CBN to approve release of the US$26.4 Million to you 
as the beneficiary.

The information on the attached Letter Head Specimen should be retyped or 
transcribed into your company letter headed paper duly stamped and signed by 
you and sent back to us immediately by fax. This we shall use to make the 
application and recommendation for payment on behalf of your company into your 
nominated bank account. This information would enable us, initiate preliminary 
application and payment process at the Federal Ministry of Finance and Central 
Bank of Nigeria.

Once the Federal Ministry of Finance approves the application and 
recommendation for payment, we would then be sure of the fund release. As from 
this stage you would have to deal directly with the Federal Ministry of 
Finance (FMF) to know when the contract payment will be released to you.

After the release of the funds to you, we will arrange to meet you immediately 
in your country or any place of your choice to collect our share of 70%, which 
we intend to use for investment in your country based on your assistance as 
well. We would at this juncture, emphasize the fact that this transaction is 
of UTMOST CONFIDENTIALITY, considering it’s nature. I hope you will not betray 
the confidence reposed in you and you may need to give me sufficient assurance 
that you are okay with your share of the money and that you will not sit on 
the money when it is finally released to you, though we have taken steps to 
avoid this.

I will be waiting for you to get to me immediately via fax furnishing me with 
the document requested above so that we can conclude the first part of this 
business transaction which is the release of the funds to you based on your 
assistance and cooperation. We are relying on your honesty and trust while 
hoping that this will be the beginning of a wonderful and fulfilling business 
relationship between us.

Thanking you for your anticipated cooperation

Best Regards


VICTOR OGHENE.


PLEASE YOU COULD CALL ME AT THE NUMBERS ABOVE.


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