In June 2004, the lawyers for James Giffen, the defendant in the "Kazakh-gate" bribery case being heard in the US relating to offences allegedly committed in Kazakhstan in the 1990s, made an application to the presiding Judge William Pauley III: they wanted classified government documents. Lots of them.
These, they said, would show that anything Mr Giffen had allegedly done - he was charged with arranging about US$80 million (Dh293.7m) in bribes for Kazakh oil contracts - had been done with the full backing of the US Central Intelligence Agency (CIA). To Mr Giffen's lawyers, it was a "public authority defence". To others, it looked like something else. "The practice is referred to as 'greymail'," says Scott Horton, an assistant professor of law at Columbia University.
"This is an increasingly popular defence because you can put the intelligence community on the defensive and the intelligence community's instinctive reaction is to say, 'Let's get rid of this'." In Mr Giffen's case it worked like a charm: more than six years after the defence team's request, the CIA had still not provided some of the documents. The original prosecutor has long since given up the case and moved to private practice. And this month, his replacement agreed to let Mr Giffen plead guilty to nothing more than a "misdemeanour tax count".
"Kazakh-gate", the scandal that inspired the George Clooney film Syriana and became one of the largest US foreign corruption cases in history, is nothing if not colourful. By the mid-1990s, Mr Giffen had established himself as "Mr Kazakhstan", the personal adviser to the country's president Nursultan Nazarbayev, at the peak of the new "great game" - the battle involving Russia, the US and the world's major oil companies for access to the Caspian Sea's vast energy resources.
What Mr Giffen was alleged to have done to achieve this, however, was revealed only after a Kazakh government attempt to discredit the former prime minister Akezhan Kazhegeldin badly backfired. A search of Swiss bank accounts set in motion by the Kazakh government, intended to prove Mr Kazhegeldin had been siphoning money from public coffers, instead turned up a Kazakh government account holding $85m, most of which, allegedly, had indirectly come from oil companies.
By 2000, the US department of justice claimed it had followed the trail of the account back to Mr Giffen who, it alleged, was acting as a middleman for oil companies. It was then alleged that they wished to bribe the Kazakh government in return for contracts. The prosecution's 2003 indictment detailed the lavish gifts Mr Giffen had allegedly bestowed on Kazakh officials to win contracts: two snow-mobiles; $180,000 in jewellery; $30,000 in fur coats; and a luxury speedboat. He had even allegedly paid the fees for the Kazakh president's daughter's Swiss boarding school.
But when the court concludes later in the year Mr Giffen could be convicted of nothing more than incorrectly filling in a tax form. The greymail defence was most famously used by Lt Col Oliver North and Joseph Fernandes in the Iran-Contra trial, and by the former FBI acting director L Patrick Gray after the Watergate scandal. But the aftermath of George W Bush's presidency has seen it back with a vengeance, with lawyers for officials such as Lewis "Scooter" Libby, Dick Cheney's former chief of staff, using versions of the defence to fend off cases.
Sometimes, even if graymail is not an option, it seems US government connections can drastically slow down an investigation, in central Asia at any rate. Corruption allegations have for several years hovered over Mina Corp and a closely related company Red Star Enterprises, two Gibraltar-based companies that had won contracts since 2002 to supply fuel to the US air base in Kyrgyzstan. The FBI began an investigation in 2005 into whether Red Star and Mina Corp were involved in allegedly corrupt contracts that enriched the former Kyrgyz president Askar Akayev to ensure the continuation of lucrative fuel contracts with the US department of defence on Kyrgyz soil.
The Kyrgyz state police have investigated the companies' Kyrgyz subcontractors for suspected financial links to the president's family, but so far the US department of justice has not become involved. Meanwhile, a US Congressional investigation into the contracts has experienced long delays in obtaining documents and the investigators only recently managed to talk to Chuck Squires, the operations director for both companies (who is also a former US defence attache), Erkin Bekbolotov, a Kyrgyz partner in both companies, and Doug Edelman, a US partner with both companies.
US investigators visited Kyrgystan on August 13 and 14 and have since conducted interviews in London with Mr Squires and Mr Bekbolotov, after serving a subpoena on the companies in the US last month. The classified information procedures act (CIPA), enacted in 1980, was supposed to limit the graymail defence but according to Abbe Lowell, the head of the white collar crime practice at the Washington law firm McDermott Will, "embarrassing" cases can still be shelved.
"Today, under CIPA, there is still the inherent pressure on the intelligence community to decide if any prosecution that may result in the disclosure of classified information is worth the leak or offence it wants to prosecute," Mr Lowell says. What's new in the Giffen case is the use of the strategy by a businessman. Mr Giffen, whatever he may claim, was not in Kazakhstan primarily to further the interests of the US: he was there to make money via Mercator, the merchant bank he controls.
Attempts by businessmen to use graymail in the past have had little success. That Mr Giffen's graymail defence looks likely to be so successful raises worrying problems for the Organisation for Economic Co-operation and Development's campaign against corruption, which has seen anti-bribery laws such the US foreign and corrupt practices act put in place in 38 member countries. Almost any US businessman working in "difficult" countries is likely to keep the CIA informed of much of what happens to them.
"There is this whole arm of the CIA that interviews businessmen who are doing business overseas, so it's pretty easy to construct a graymail defence for anyone," says Mr Horton. business@thenational.ae
DMZ facts
- The DMZ was created as a buffer after the 1950-53 Korean War.
- It runs 248 kilometers across the Korean Peninsula and is 4km wide.
- The zone is jointly overseen by the US-led United Nations Command and North Korea.
- It is littered with an estimated 2 million mines, tank traps, razor wire fences and guard posts.
- Donald Trump and Kim Jong-Un met at a building in Panmunjom, where an armistice was signed to stop the Korean War.
- Panmunjom is 52km north of the Korean capital Seoul and 147km south of Pyongyang, North Korea’s capital.
- Former US president Bill Clinton visited Panmunjom in 1993, while Ronald Reagan visited the DMZ in 1983, George W. Bush in 2002 and Barack Obama visited a nearby military camp in 2012.
- Mr Trump planned to visit in November 2017, but heavy fog that prevented his helicopter from landing.
The specs
Engine: 3.5-litre twin-turbo V6
Power: 380hp at 5,800rpm
Torque: 530Nm at 1,300-4,500rpm
Transmission: Eight-speed auto
Price: From Dh299,000 ($81,415)
On sale: Now
At a glance
Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.
Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year
Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month
Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30
Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse
Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth
Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances
COMPANY%20PROFILE
%3Cp%3ECompany%20name%3A%20CarbonSifr%3Cbr%3EStarted%3A%202022%3Cbr%3EBased%3A%20Dubai%3Cbr%3EFounders%3A%20Onur%20Elgun%2C%20Mustafa%20Bosca%20and%20Muhammed%20Yildirim%3Cbr%3ESector%3A%20Climate%20tech%3Cbr%3EInvestment%20stage%3A%20%241%20million%20raised%20in%20seed%20funding%3Cbr%3E%3C%2Fp%3E%0A
In numbers: PKK’s money network in Europe
Germany: PKK collectors typically bring in $18 million in cash a year – amount has trebled since 2010
Revolutionary tax: Investigators say about $2 million a year raised from ‘tax collection’ around Marseille
Extortion: Gunman convicted in 2023 of demanding $10,000 from Kurdish businessman in Stockholm
Drug trade: PKK income claimed by Turkish anti-drugs force in 2024 to be as high as $500 million a year
Denmark: PKK one of two terrorist groups along with Iranian separatists ASMLA to raise “two-digit million amounts”
Contributions: Hundreds of euros expected from typical Kurdish families and thousands from business owners
TV channel: Kurdish Roj TV accounts frozen and went bankrupt after Denmark fined it more than $1 million over PKK links in 2013
Afghanistan fixtures
- v Australia, today
- v Sri Lanka, Tuesday
- v New Zealand, Saturday,
- v South Africa, June 15
- v England, June 18
- v India, June 22
- v Bangladesh, June 24
- v Pakistan, June 29
- v West Indies, July 4
What is type-1 diabetes
Type 1 diabetes is a genetic and unavoidable condition, rather than the lifestyle-related type 2 diabetes.
It occurs mostly in people under 40 and a result of the pancreas failing to produce enough insulin to regulate blood sugars.
Too much or too little blood sugar can result in an attack where sufferers lose consciousness in serious cases.
Being overweight or obese increases the chances of developing the more common type 2 diabetes.
ESSENTIALS
The flights
Emirates, Etihad and Swiss fly direct from the UAE to Zurich from Dh2,855 return, including taxes.
The chalet
Chalet N is currently open in winter only, between now and April 21. During the ski season, starting on December 11, a week’s rental costs from €210,000 (Dh898,431) per week for the whole property, which has 22 beds in total, across six suites, three double rooms and a children’s suite. The price includes all scheduled meals, a week’s ski pass, Wi-Fi, parking, transfers between Munich, Innsbruck or Zurich airports and one 50-minute massage per person. Private ski lessons cost from €360 (Dh1,541) per day. Halal food is available on request.
Killing of Qassem Suleimani
Kamindu Mendis bio
Full name: Pasqual Handi Kamindu Dilanka Mendis
Born: September 30, 1998
Age: 20 years and 26 days
Nationality: Sri Lankan
Major teams Sri Lanka's Under 19 team
Batting style: Left-hander
Bowling style: Right-arm off-spin and slow left-arm orthodox (that's right!)
Killing of Qassem Suleimani
Some of Darwish's last words
"They see their tomorrows slipping out of their reach. And though it seems to them that everything outside this reality is heaven, yet they do not want to go to that heaven. They stay, because they are afflicted with hope." - Mahmoud Darwish, to attendees of the Palestine Festival of Literature, 2008
His life in brief: Born in a village near Galilee, he lived in exile for most of his life and started writing poetry after high school. He was arrested several times by Israel for what were deemed to be inciteful poems. Most of his work focused on the love and yearning for his homeland, and he was regarded the Palestinian poet of resistance. Over the course of his life, he published more than 30 poetry collections and books of prose, with his work translated into more than 20 languages. Many of his poems were set to music by Arab composers, most significantly Marcel Khalife. Darwish died on August 9, 2008 after undergoing heart surgery in the United States. He was later buried in Ramallah where a shrine was erected in his honour.
Avatar%3A%20The%20Way%20of%20Water
%3Cp%3E%3Cstrong%3EDirector%3A%20%3C%2Fstrong%3EJames%20Cameron%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStars%3A%20%3C%2Fstrong%3ESam%20Worthington%2C%20Zoe%20Saldana%2C%20Sigourney%20Weaver%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%20%3C%2Fstrong%3E3.5%2F5%3C%2Fp%3E%0A
UAE currency: the story behind the money in your pockets
Company%20profile
%3Cp%3E%3Cstrong%3ECompany%20name%3A%20%3C%2Fstrong%3EHakbah%0D%3Cbr%3E%3Cstrong%3EStarted%3A%20%3C%2Fstrong%3E2018%0D%3Cbr%3E%3Cstrong%3EFounder%3A%20%3C%2Fstrong%3ENaif%20AbuSaida%0D%3Cbr%3E%3Cstrong%3EBased%3A%20%3C%2Fstrong%3ESaudi%20Arabia%0D%3Cbr%3E%3Cstrong%3ESector%3A%20%3C%2Fstrong%3EFinTech%0D%3Cbr%3E%3Cstrong%3ECurrent%20number%20of%20staff%3A%20%3C%2Fstrong%3E22%20%0D%3Cbr%3E%3Cstrong%3EInitial%20investment%3A%20%3C%2Fstrong%3E%24200%2C000%0D%3Cbr%3E%3Cstrong%3EInvestment%20stage%3A%20%3C%2Fstrong%3Epre-Series%20A%0D%3Cbr%3E%3Cstrong%3EInvestors%3A%20%3C%2Fstrong%3EGlobal%20Ventures%20and%20Aditum%20Investment%20Management%0D%3Cbr%3E%3Cbr%3E%3C%2Fp%3E%0A
The specs
Engine: 2.9-litre, V6 twin-turbo
Transmission: seven-speed PDK dual clutch automatic
Power: 375bhp
Torque: 520Nm
Price: Dh332,800
On sale: now
The schedule
December 5 - 23: Shooting competition, Al Dhafra Shooting Club
December 9 - 24: Handicrafts competition, from 4pm until 10pm, Heritage Souq
December 11 - 20: Dates competition, from 4pm
December 12 - 20: Sour milk competition
December 13: Falcon beauty competition
December 14 and 20: Saluki races
December 15: Arabian horse races, from 4pm
December 16 - 19: Falconry competition
December 18: Camel milk competition, from 7.30 - 9.30 am
December 20 and 21: Sheep beauty competition, from 10am
December 22: The best herd of 30 camels
The specs: 2018 Nissan Patrol Nismo
Price: base / as tested: Dh382,000
Engine: 5.6-litre V8
Gearbox: Seven-speed automatic
Power: 428hp @ 5,800rpm
Torque: 560Nm @ 3,600rpm
Fuel economy, combined: 12.7L / 100km
Ticket prices
- Golden circle - Dh995
- Floor Standing - Dh495
- Lower Bowl Platinum - Dh95
- Lower Bowl premium - Dh795
- Lower Bowl Plus - Dh695
- Lower Bowl Standard- Dh595
- Upper Bowl Premium - Dh395
- Upper Bowl standard - Dh295
UAE%20athletes%20heading%20to%20Paris%202024
%3Cp%3E%3Cstrong%3EEquestrian%3C%2Fstrong%3E%3Cbr%3EAbdullah%20Humaid%20Al%20Muhairi%2C%20Abdullah%20Al%20Marri%2C%20Omar%20Al%20Marzooqi%2C%20Salem%20Al%20Suwaidi%2C%20and%20Ali%20Al%20Karbi%20(four%20to%20be%20selected).%3Cbr%3E%3Cstrong%3EJudo%3C%2Fstrong%3E%3Cbr%3EMen%3A%20Narmandakh%20Bayanmunkh%20(66kg)%2C%20Nugzari%20Tatalashvili%20(81kg)%2C%20Aram%20Grigorian%20(90kg)%2C%20Dzhafar%20Kostoev%20(100kg)%2C%20Magomedomar%20Magomedomarov%20(%2B100kg)%3B%20women's%20Khorloodoi%20Bishrelt%20(52kg).%3Cbr%3E%3Cbr%3E%3Cstrong%3ECycling%3C%2Fstrong%3E%3Cbr%3ESafia%20Al%20Sayegh%20(women's%20road%20race).%3Cbr%3E%3Cbr%3E%3Cstrong%3ESwimming%3C%2Fstrong%3E%3Cbr%3EMen%3A%20Yousef%20Rashid%20Al%20Matroushi%20(100m%20freestyle)%3B%20women%3A%20Maha%20Abdullah%20Al%20Shehi%20(200m%20freestyle).%3Cbr%3E%3Cbr%3E%3Cstrong%3EAthletics%3C%2Fstrong%3E%3Cbr%3EMaryam%20Mohammed%20Al%20Farsi%20(women's%20100%20metres).%3C%2Fp%3E%0A
Favourite book: ‘The Art of Learning’ by Josh Waitzkin
Favourite film: Marvel movies
Favourite parkour spot in Dubai: Residence towers in Jumeirah Beach Residence