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THE NICHOLAS COLIN OLIVIER WATNEY FRAUD CASE : REPORT NO. 1

                    Michael Mundia Kamau
                    C/O Barclays Advisory and
                    Registrar Services Limited
                    P.O. Box 30120
                    00100 GPO
                    Nairobi

                    9th January 2004

Around early November 2003, a gentleman of Asian origin came to our office and asked to see me regarding an East African Breweries Limited (EABL), shareholding. He introduced himself as Mr. Pulin Shah, showed me an EABL share certificate, and made general enquiries on the sale and purchase of shares. We had a brief discussion and he concluded  by saying that we should have a drink.

I didn’t think much of the incident and his invitation for a drink until he called me about a week later, and I told him that we could arrange for it at a later date. During this second encounter, Mr.Shah said he was flying to the United Kingdom for business, but said that an associate of his called Dr.Brian Peter Harrop would get in touch with me. Dr. Harrop, Mr. Shah told me, was of Caucasian origin. Soon after this, I proceeded to complete the remaining days of my annual leave starting 12th November 2003, and returned back to the office on 2nd December 2003. I had no contact with either Mr. Shah or Dr. Harrop during the period that I was on leave.

About a week after my return to the office, Dr. Harrop called me and again brought up the subject of meeting either him or Mr. Shah. I became very curious about why the pair were so eager and determined to have a meeting with me, though I did not mention this to Dr. Harrop over the phone. Dr. Harrop told me that he was in the country briefly, and was set to fly back shortly to the U.K. , where both he and Mr. Shah are based. Mr. Shah, who Dr. Harrop told me was also in the country at the time, would be here longer than he, and it was therefore more appropriate that I meet Mr. Shah.

I agreed to meet Mr. Shah at the Stanley Hotel on the evening of 15th December 2003 where we had a brief meeting before proceeding to the Serena Hotel. It was at the Serena Hotel that Mr. Shah introduced the subject of why he and Dr. Harrop wanted to see me. Mr. Shah said that he got to know of me through a reply I made to a “fictitious” query he had made regarding an EABL shareholding in the name of one Shantilal Meghji Shah. He went to explain to me in detail how he and Dr. Harrop were aware of big shareholdings in EABL that were dormant because either the shareholders were deceased, or had  migrated from Kenya several years ago, and were therefore unaware of their shareholdings, or had lost track of them. Mr. Shah suggested that he, Dr. Harrop, myself and a fourth unnamed individual who Mr. Shah said was a Kenya Commercial Bank Limited (KCB), bank  manager in Mombasa, could form ourselves into a syndicate and fraudulently benefit from these dormant shareholdings.
My role would be to provide information on the dormant accounts and advise on the documents required to effect a successful fraudulent transaction. The role of Mr. Shah would be logistics and that of Dr. Harrop would be to handle technical matters. The unnamed KCB bank manager in Mombasa would be responsible for handling the cash transactions in a manner that would not draw suspicion. Mr. Shah further mentioned that they had also targeted the KCB share register for similar fraudulent transactions. Mr. Shah also mentioned that “they” had so far pulled of a fraudulent transaction on the EABL share register for a shareholding value of US $ 250,000.

Mr. Shah suggested that I could meet Dr. Harrop before or after Christmas for more details. I told him that Dr. Harrop and I should meet after the Christmas holidays. Mr. Shah was so determined that we hurriedly conclude the groundwork to the initial process, and even left me with a cell phone handset that I could use to contact him, after I told him that I didn’t have a cell phone. Mr. Shah and I parted after about three hours. He told me that he was proceeding to the United Kingdom for the Christmas holidays.

On the 5th of January 2004, I received another telephone call from Dr. Harrop asking that we arrange for a meeting. I told Dr. Harrop that we could meet on the evening of 7th January 2004, and he suggested that we meet at the first floor lounge of the Stanley Hotel. He told me that he would be dressed in a white short sleeved shirt. I met Dr. Harrop a few minutes after 6.00 p.m. on Wednesday, 7th January 2004. At some point early on in the discussion, I recognised Dr. Harrop as the Caucasian gentleman who had visited our office some time in the year 2003, though I didn’t immediately tell him so. I remember the 2003 incident being one of a Caucasian gentleman (Dr. Harrop, who I didn’t know then), who had come to make an EABL shareholding query on behalf of a client.

Dr. Harrop introduced himself as Briton and a stockbroker by profession. He had stayed in Kenya and other parts of Africa for several years and was therefore conversant with the continent. He told me he had met Mr. Shah, an Asian Kenyan, during his stay in Kenya 14 years ago, and again when both he and Mr. Shah emigrated again to the U.K. five years ago. Dr. Harrop told me that Mr. Shah was also a stockbroker by training and had spent several years in the United States prior to 1989, something Mr. Shah had also told me during our meeting of 15th December 2003. It was during this introductory period that I told him that I recognised him from a visit to our office in the year 2003. This shocked and surprised him because he didn’t expect that anyone remembered the incident, which he said happened in June 2003. This did not however deter him from giving me details on the intended scam Mr. Shah told me about on 15th December 2003.

Dr. Harrop told me that he had not intended to tell me about his 2003 visit to our office or about the details of the US $ 250,000 fraudulent transaction mentioned to me by Mr. Shah on 15th December 2003, but was forced by my recognition of him to admit that his visit to our office formed the concluding stages of the US $ 250,000 fraud. From that time on I noted that my recognition of him disturbed him considerably.

Dr. Harrop told me that the fraudulent sale was made in July 2003 through Messrs. Nyaga Stockbrokers Limited of P.O. Box 41868, Nairobi, Kenya, details of which I could half remember, something that further disturbed Dr. Harrop. I concluded my two and a  half hour meeting with Dr. Harrop giving me two possible references of dormant EABL shareholdings i.e. share a/c No. XXXXXXXX with a holding of 22,500 shares in the name of Shantilal Meghji Shah, and a/c No. XXXXXXXX with a holding of 51,455 shares in the name of Michael Macdonald. Dr. Harrop appeared much more trusting of me than Mr. Shah.

The following day, Thursday, 8th January 2004, I did a check on the two accounts given to me by Dr. Harrop and found that they did not exist. I also did a check on the EABL transactions of July 2003, and established that the transaction mentioned to me by Dr. Harrop the previous day was for a shareholding of 77,610 shares held by way of share a/c No. XXXXXXXX, in the name of Nicholas Colin Olivier Watney of 14 Lyndhrust Avenue, Sunbury on Thames, Middlesex, TW 166QY, United Kingdom.

In the evening of Thursday, 8th January 2004, a few minutes after 6.00 p.m., I again met Dr. Harrop at the first floor lounge of the Stanley Hotel. I told him that the two accounts he had given me did not exist. This upset him and he mentioned how unreliable his sources were becoming. He declined to reveal his sources but further mentioned how they almost messed up the US $ 250,000 fraudulent transaction involving EABL share a/c No. XXXXXXXX mentioned above. Some of the information provided for the fraudulent
transaction involving EABL share a/c No. XXXXXXXX was faulty, according to Dr. Harrop, and he was sure that problems would arise in the near future. He also mentioned how a big part of the problem involved regularly encashed dividend payments for a/c No. XXXXXXXX, which was bound to raise queries, because the entire shareholding of 77,610 shares had been sold. Dr. Harrop also declined to tell me how he knew of the history of the regularly encashed dividend payments for a/c No. XXXXXXXX.

On the evening of 8th January 2004, Dr. Harrop also made mention of an extra individual in the proposed scam whom he described as an expert at forgeries. It was this unnamed “expert forger” who had introduced me as a reference to him and Mr. Shah, in addition to the letter I wrote that Mr. Shah mentioned to me on 15th December 2003. Dr. Harrop however declined to reveal the identity of the “expert forger”, but said that it could be arranged for me to meet him. He further outlined how the proceeds of a fraudulent transaction would be split i.e. the unannmed KCB bank manager in Mombasa, 10%, the unnamed expert forger, 22.5%, myself, 22.5%, Dr. Harrop, 22.5% and Mr. Shah, 22.5%.

Dr. Harrop insisted that I move urgently to identify dormant accounts in EABL and British American Tobacco (Kenya) Limited (B.AT.), to enable the “syndicate” process the necessary documentation and quickly reap the “proceeds”. Dr. Harrop even suggested that we execute our first “job” in a week’s time. I told Dr. Harrop “to give me time” to identity dormant accounts without drawing suspicion. I noted that he seemed to have a lot of “trust” in me. We parted ways again after about two and a half hours and agreed that Mr. Shah and I would meet in two week’s time from 8th January 2004.

In the morning of Friday, 9th January 2004, I made a verbal report of all the above information to my superiors Mr. Joseph Gichuhi and Mr. Mark Mbwayo, and after discussion, was asked to prepare this written report.


Michael Mundia Kamau


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