History of xxxxxxxxx
xxxxxxx, Austrian national, Passport Number xxxx, came to the United Arab Emirates in January 2005 and established European Arabian Company LLC (herein referred to as EAC) in Ras Al Khaimah, License Number xxx (Appendix 1) with an investment of 17 million Euro supplied by his partners, loans in Austria and by an insurance policy whereas 51% of the shares had been held by Sheikh xxx and 49% by Dr. xxxxxx as trustee of xxxxxxx. Dr. xxxxxx was issued a Power of Attorney by Sheikh xxxxto act on his behalf on any matter concerning EAC and to sell and transfer his shares in the company EAC without any limitation. European Arabian Company LLC owned the equipment and intended to operate a crusher in a quarry in Ras Al Khaimah.
In summer 2005 xxxx signed a Power of Attorney for Mohamad Ziad Naim Al Kawadri, a Syrian national, Passport Number 001163763 (Appendix 2) who claimed to be a lawyer misrepresenting himself by a forged appointment letter of the German Consulate General (Appendix 3).
In 2006 the summer lease contract for the crusher with European Arabian Company LLC had been canceled and xxxx registered in the Free Zone of Sharjah, License Number xxxxx (Appendix 4) represented by its Managing Director xxxxx concluded a long term lease agreement with xxxxxxx for the quarry in Ras Al Khaimah and handed over postdated cheques in Dubai for a three year lease term under the condition that xxxxxxx could prove that he is legally entitled to lease the land.
In 2006 xxxxx from xxxxxxxx expressed his firm interest and commitment to acquire all shares in EAC for 25 million Euro for the crusher. The lawyer, Mohamad Ziad Naim Al Kawadri, negotiated the terms and conditions and drafted the Memorandum of Understanding which had been signed on April 25th 2006 for the amount of 28.5 million Euro. Dr. xxxxxxx had been present in a meeting with xxxxxx at Dubai International Airport where xxxxxxxx delivered the Cheque No 23 amounting to 3,670,000.00 UAE Dirham (three million six hundred seventy thousand UAE Dirham) in addition to Cheque No 22 over 3,670,000.00 UAE Dirham (three million six hundred seventy thousand UAE Dirham) handed over prior to that meeting. Dr. xxxxxxx and Mohamad Ziad Naim Al Kawadri received the cheque with the express understanding that this cheque could and should be encashed if no payment of the purchase price was received by June 1st 2006. Mohamad Ziad Naim Al Kawadri acted as trustee and returned Cheque 22 without the consent of the beneficiary to xxxxxx.
xxxxx, an employee of xxxx, was instigated to steal documents out of the office , amongst it a blank cheque. Mohamad Ziad Naim Al Kawadri was instructed to file a criminal complaint, but he phrased the complaint wrongly and translated incorrectly and rather acted as legal representative of the counterparty.
On January 10th 2007 xxxxxxxx met with Sheikh xxxxxxx for the quarry and was informed that only a small part of the land he leased was actually leased by xxxxxxx and he did not pay the lease to Sheikh xxxxx for years. Therefore xxxxx leased the major part of the land without any legal authority to do so.
xxxxxxxx bounced a cheque and presented it in Ras Al Khaimah. The case was rejected by Public Prosecution for wrong jurisdiction as the cheque had been handed over in Dubai.
xxxxx signed a Power of Attorney in favor of xxxxx , a German National, Passport Number 100067678. He was misled by his lawyer Mohamad Ziad Naim Al Kawadri that the Power of Attorney is a Special Power of Attorney with the sole power to negotiate the terms and conditions with Sheikh xxxx. Unlike the Sample Power of Attorney of Mohamad Ziad Naim Al Kawadri with a corresponding German translation on the left side of the page, this General Power of Attorney was written in Arabic only. The information of the Notary Public regarding the risks of signing a General Power of Attorney had been purposefully translated wrongly into German. Xxxxxx feared that he could be arrested for the illegally bounced cheques he had delivered to xxxxxxxxxx and he wanted to assure that negotiations could still go on. The crusher had been shut down by the authorities upon request of Sheikh xxxxxx. A new lease contract had been signed on February 23rd 2007 and the lease had been paid punctually by xxxxxx.
xxxxx presented the next cheque in Abu Dhabi from where it had been sent to Dubai and finally he presented a cheque in Sharjah where xxxxxx had been arrested and held in detention for 23 days. Public Prosecution closed the case as the underlying transaction was legally not valid as the condition of the legal entitlement could not be proven and due to wrong jurisdiction. xxxxx was forced in jail to sign an indemnification statement in favor of Fares………,xxxxxxx and Mohamad Ziad Naim AL Kawadri which he refused. His passport had been deposited at the police station and he asked his lawyer Mohamad Ziad Naim Al Kawadri and the Austrian Consul xxxxx to bring the documents but nobody was assisting him.
Xxxxx was rewarded sum of 1,000,000 US$ (one million United States Dollar) by Dubai Court in the criminal case against xxxxx. Dubai Court ordered to issue a cheque of 1,000,000 US$ (one million United States Dollar), drawn on National Bank of Dubai to be paid to xxxxxx, an amount which was deposited as security deposit. Based on the illegally received General Power of Attorney xxxxx arranged that this cheque was cashed on the company account number 01 36 89 182 01 on June 20th, 2007. The amount was withdrawn on June 23rd, 2007 and embezzled by xxxxxx.
The Managing Director xxxxx had been blackmailing xxxx to transfer one third of the company shares and one third of his wealth to him. Based on the Power of Attorney xxxx received for the negotiations with Sheikh xxx, he illegally transferred the company shares of xxxxxxxx CE.
The value of the equipment is in the range of 50,000,000 Dirham. The value of the company according to an expert opinion is 175,000,000 Dirham. xxxxx entered into a contract to sell the operation for Euro 28,500,000 to xxxxxxx on 25.4.2006 (Appendix..). Without any legal ground xxxxx, working as manager in the above mentioned contract sold the shares of xxxxx to a third party and therefore destroyed the possibility to execute the above mentioned contract and to collect 150,000,000 Dirham. (Attachment7, License Sharjah, sale contract)
xxxx requested Mohamad Ziad Naim Al Kawadri to file criminal complaints against xxxxx and paid him an amount of 15,000 Dirham to represent him as lawyer in this case. Mohamad Ziad Naim Al Kawadri drafted these complaints, the first for blackmailing on August 5th 2007, the second for embezzlement of the funds at Dubai Treasury, amounting to 3,670,000.00 UAE Dirham (three million six hundred seventy thousand UAE Dirham) on August 6th 2007 and the third one for the illegal transfer of xxxxx on August 3rd 2007 but he never took any legal actions against xxx. xx broke the safe in the office of xxxxxxxxxx and he stole 14 blank cheques. He furthermore took over all assets of xxxxxxxx, such as his household items, his car and all his personal belongings.
xxxxx filed a case against xxxxxx personally in Sharjah for the money xxxxxxx had been awarded by Dubai Court in Sharjah. The case was won by xxxxxx in the first instance. Due to forged documents xxxxxxx won the case in the Second Instance and at Supreme Court. The law firm xxxxxxx had been provided with the draft in Arabic to be handed over to court but they did not follow the instructions of xxxxxx and they send a wrong written pleading. The lawyer did not show up three times at the Supreme Court hearing and the case had been adjourned twice due to the fact that the lawyer did not represent his client. He has to pay 1,000,000 US$ which he never received personally. The money had been received in the company account and had been embezzled by the xxxxxx.
xxxx presented new cheques, but the cases had been turned down by Public Prosecution in Dubai. xxxx was repeatedly arrested for the case in Sharjah and released after the submission of the documents. Although the case had been cleared from the police system, it mysteriously pops up again and again.
He was threatened by xxxx and he had been beaten up severely. He went to Al Hera Police Station in Sharjah to open a case against him but his case was not accepted by the police officer. He made a statement at the CID headquarters in Dubai but the case had not been investigated. It is worth to mention that all counterparties of xxxxxxx are represented by the same lawyer xxxxx.
Power of Attorney
2008_03_31 Spanish Embassy