Founder of P&ID Had History of Projects that Ended in Lawsuits, Corruption Allegations, Bloomberg Report Reveals

*Charged with espionage in 2006

How music manager who became oil dealer befriended Nigerians in corridors of power

Michael “Mick” Quinn, founder of Process and Industrial Developments Ltd – an Irish firm which secured a $9.6 billion judgement debt against Nigeria, had a history of projects that ended in disappointment, lawsuits, and corruption allegations, a Bloomberg report has revealed.

The Bloomberg report titled ‘Is One of the World’s Biggest Lawsuits Built on a Sham?’ published on Wednesday, September 4, said the case involving Nigeria “was just the largest—the one that was supposed to provide his biggest payday.”

The report which was based on a close examination of his career, drawn from public records, leaked documents, and interviews with friends and former associates, showed that Quinn who died of cancer in 2015 had a record of projects that ended in in disappointment, lawsuits, and corruption allegations.

A commercial court in the UK had ruled that Nigeria must pay an Irish firm, Process and Industrial Development Limited (P&ID), a sum of $9.6 billion or have its assets to the tune of that amount forfeited.

The judgment arose from a 2010 contract Nigeria signed with P&ID, to the intent that the Irish company would build a gas processing plant to refine natural gas (wet gas) into lean gas that Nigeria would receive free of charge to power its national grid.

The agreement however suffered a setback in 2013 and P&ID won a $6.6bn arbitration case against Nigeria.

Last week, a UK court ruled that Nigeria must pay the firm $9.6bn or have its assets to the tune of that amount seized by the firm. The federal government has said it would appeal the UK court judgment.

Suggesting that the project was a sham ab initio, a quote in the Bloomberg report said: “A dying Irishman went for one last big score in Nigeria. The project failed, but a London tribunal says his company’s owed $9 billion and counting.”

Detailing the genesis of the failed project, the report said:

“In 2008 the Nigerian government said it would end flaring by using oilfield gas to generate electricity. The minister of petroleum resources acknowledged that the challenge would be “enormous.” Converting gas requires it to be captured, transported, refined, and piped back to power plants and onto the grid.

“Officials struggled to persuade big multinationals to invest in the required infrastructure, so concessions were granted to 13 smaller companies, some virtually unknown. One was Process and Industrial Developments Ltd., or P&ID, which was registered in the British Virgin Islands but had no website or track record. Its chairman was Michael “Mick” Quinn, a 68-year-old Irishman with a rakish mustache and decades of experience in Nigeria, mostly as a military contractor.

“Quinn knew powerful people, including the petroleum minister, who guaranteed P&ID a 20-year supply of “wet,” or unrefined, gas for a plant the company would build. The raw material would be supplied for free, to be treated and returned at no cost. P&ID would instead profit from the byproducts, butane and propane. Everyone stood to benefit, not least the villagers whose homes would be lit by electricity rather than the wan glow of flaming methane.

“Then the plan fell apart. The government failed to secure any waste gas from oil companies, let alone link up the necessary pipeline, and the plant was never built. In 2012, P&ID notified the oil ministry that it was suing for breach of contract in a London arbitration forum. After a set of closed legal proceedings, judges awarded P&ID $6.6 billion, one of the biggest amounts a company has won from a sovereign state. When Nigeria dragged its feet on payment, P&ID teamed up with a hedge fund and moved the case to public courts, where it could ask judges to seize state assets, including bank accounts and cargo ships.”

It also revealed that in the summer of 2018, a man who had worked for Quinn contacted Joseph Pizzurro, a veteran New York lawyer hired by Nigeria to lead its defence in United States, seeking to talk about the P&ID case.

The caller was said to have told Pizzurro that Quinn had conspired with officials to profit from government projects that were doomed from the start and that P&ID was one of at least three such lawsuits involving Quinn.

“The caller couldn’t provide enough evidence to substantiate his claims, though, and he didn’t contact Pizzurro again,” the Bloomberg report said.

According to the report, Quinn who grew up in Drimnagh, a tough neighborhood in Dublin, trained as a mechanic after leaving school as a teenager in the 1950s. He later joined a show band, Royal Olympics, formed by one of his neighbours, as manager, and even arranged an Irish tour by Diana Ross and the Supremes.

In search of greener pastures where quick money could be made, the report said “At some point in the ’70s he started working in Nigeria, either as an oil trader or a financier of cement deals, depending on which of the scattered accounts of his life you believe. “He began profiting from a construction boom taking place in Lagos, which was then expanding with such chaotic abandon that hundreds of cement-bearing cargo ships were lined up at port waiting to dock.”

He however kept in touch with his roots in Ireland.

Detailing how Quinn’s life had been enmeshed in controversies bordering on less than transparent business dealings and corruption allegations, the report said: “In 1979 he and a partner, Brendan Cahill, formed an umbrella company with the resolutely dull name Industrial Consultants (International) to oversee their interests. They began working with the government, for example getting a public grant worth $450,000 to start a videocassette factory near Dublin. The project went bust within two years.

“Quinn’s business drew on some powerful allies dating to his show band days. One of the closest was Albert Reynolds, a former music hall impresario who was elected to Parliament in 1977 and became prime minister in 1992. Two years after being elected PM, Reynolds was promoting Kent Steel, one of Quinn’s companies, as a potential savior of Irish industry. Kent had recently won 3 million Irish pounds (about $4.3 million at the time) from the European Union to explore cleaner technology for making steel—potentially a huge boon. Instead, the project produced nothing but some sketches and a bunch of debris.

”Joe McCartin, then a member of the European Parliament, says he raised concerns with an EU official that the deal was a scam and was told, ‘Don’t worry. Your prime minister, Albert Reynolds, knows all about the project.’ The EU did eventually start a probe into the grant, and McCartin, who’s now retired, says its investigators showed him a letter from Irish prosecutors relaying that a fraud had been committed but that they couldn’t identify the perpetrators. The probe was eventually closed without penalty; the EU refused to fulfill a freedom of information request about the case, citing privacy rules. Reynolds passed away in 2014.

“Quinn’s name came up again during a nationwide corruption inquiry in Ireland. The Mahon Tribunal, as it was eventually known, lasted for 14 years, compiling evidence of graft on an epic scale. Quinn was called as a witness in June 2007, one of the few times he ever spoke on the record. The tribunal wanted to know more about relationships Industrial Consultants had with Frank Dunlop, a shady lobbyist, and Liam Lawlor, a corrupt Republican MP who’d resigned in disgrace before being killed in a 2005 car crash outside Moscow.

“Quinn denied knowledge of invoices that bore his company’s name—payments for golf fundraisers, he guessed—and said he thought his signature had been forged on checks. He had no recollection of many of his dealings with Dunlop. ‘You are a singularly unhelpful witness,’ Alan Mahon, the presiding judge, told him. ‘What you are telling us is nothing, absolutely nothing.’ “The tribunal later found that tens of thousands of pounds had flowed from Quinn’s companies to Lawlor, but Quinn wasn’t recalled to the stand, and neither he nor Industrial Consultants faced any action.

By then, Quinn had developed a fearsome reputation. Several former associates told Businessweek they were scared to speak on the record about him, because they believed he had ties to Irish paramilitaries; one said Quinn told him his father had been in the original Irish Republican Army in the 1920s. Employees introduced him as “the chairman,” and he employed a man with a pugilist’s squashed nose to drive guests around Dublin, apparently without great regard for red lights,” the report said.

According to Bloomberg, throughout the 2000s, Quinn lived a kind of double life, divided between Nigeria and a comfortable suburban house near Dublin.

The report said Quinn befriended people in the corridors of power to put him in good stead in the country’s freewheeling capitalism.

“At home he was Mick from Drimnagh, living with his wife, Anita, who’d been his childhood sweetheart, and their two Doberman pinschers. On Tuesday nights he’d drop Anita off at bingo, then pick up fish and chips for dinner.

“Life in Nigeria was very different. The country’s freewheeling capitalism was fraught with risk and opportunity. The writer Chinua Achebe detailed the climate in his 1983 polemic The Trouble With Nigeria. “Contracts with the military government were currency, doled out by senior politicians to allies and friends as the public bore the burden of hidden kickbacks, inflated prices, and stolen materials. Military rule ended in 1999, but democratic Nigeria was proving just as restive and complex. There were tribal uprisings in the Niger Delta and kidnappings and religious conflict elsewhere.

“Quinn nevertheless thrived, befriending presidents and civil servants alike. He and Cahill used a company called Marshpearl to bid for lucrative military contracts, initially registering the name in Ireland, then in 1999 using the Panama-based law firm Mossack Fonseca & Co. to create Marshpearl Ltd. in the British Virgin Islands. To the outside world, the BVI company was practically untraceable. Mossack Fonseca documents leaked to the newspaper Süddeutsche Zeitung and made available to Businessweek by the International Consortium of Investigative Journalists show that Marshpearl Ltd.’s directors were nominees, paper executives whose sole job was to sign documents. (Reached by phone, one of them, Nigel John Carter, a Geneva-based trusts specialist who was also a director of another Quinn BVI vehicle called Kristholm Ltd., said, “I’ve never heard of those two companies.”)

“Marshpearl sponsored a local polo team, giving Quinn an excuse to mix with the Nigerian ruling classes. His sons attended elite private schools with the sons of politicians and generals, who asked Quinn to help them acquire helicopters, Japanese motorcycles, and more. On the golf course back in Ireland, friends recall, Quinn would pick up the phone to talk to various officials or military leaders. “Did you get them guns?” one friend remembers him asking in his distinctive Drimnagh drawl. His golf buddies were never sure if he was joking. “His contacts included Theophilus Danjuma, who’d risen to prominence in the ’60s by leading a bloody coup against Nigeria’s military ruler. Danjuma went on to become a general, then entered business and eventually politics, ascending to defense minister in 1999. He later sold a stake in a Nigerian oil field to a Chinese state company, helping make him a billionaire.

“One of the few people who would speak on the record about Quinn’s life in Nigeria is Neil Murray, a friend of 30 years who was involved in several Quinn projects there. Sitting one night at the Abuja Hilton piano bar, a favorite haunt, Murray wasn’t hard to spot: a gray-haired figure so hunched over he was bent almost double, puffing cigarettes and chatting with businessmen and prostitutes, who called him Papa. After initially accusing a Businessweek reporter of being a spy for the Nigerian government, he agreed to talk. “Mick knew Obasanjo. He knew Yar’Adua,” Murray said, referring to former presidents Olusegun Obasanjo and Umaru Musa Yar’Adua. “He knew everyone.”

“Among the projects Murray was involved in was a contract to repair and upgrade 36 British-made Scorpion tanks at an abandoned plant at Bauchi, in the dusty heart of Nigeria. It had all the hallmarks of Quinn’s deals in the country: complexity, misdirection, and a substantial payday for the middleman. “There was a subsequent contract, and a subsequent contract, and a subsequent contract,” Murray said. “It was an ongoing process.” Quinn personally recruited military experts to manage the work and find replacement parts. At one point, Danjuma visited the site.

“Several people involved in the venture described each vehicle as an opportunity for profit. Petrol engines were replaced with diesel engines. New radios were installed. When faulty valves needed replacing, one former employee said, he found a British supplier for a few pounds a unit. “Too cheap,” he remembered Quinn telling him. They found costlier valves elsewhere. The more expensive the new part, the bigger Marshpearl’s cut.

“A memo viewed by Businessweek that circulated among Quinn’s team noted that Marshpearl had charged the Nigerian army for undelivered tank parts, making his organization “vulnerable.” But the company kept winning contracts, in spite of this hitch and others. It’s not clear how many millions of dollars Nigeria spent on the Bauchi project, but the relationship likely made Quinn a fortune.

“For one contract, a spinoff from the main deal, his company sought to supply about 4,000 rounds of tank ammunition made by Belgian defense company Mecar SA. A January 2005 memo outlining Marshpearl’s plan says Quinn’s staff told Mecar they would handle bidding, contracts, and billing. Mecar’s managers “do not want to know the details as they would be embarrassed with Belgian authorities and U.S. owners,” the memo said.

“The blueprint called for Marshpearl to establish a company called Mecar SA, register it in Cyprus, and open a bank account for the new offshore entity to avoid Nigerian taxes on the income. The original Mecar would write up a bid for the contract and send it to Marshpearl, where the document would be scanned and altered to increase its value by 20%—commission for Quinn and his friends. Payment to the original Mecar would be routed through the offshore one. All documentation was to be delivered by hand.

“The “paper trail” was Marshpearl’s greatest area of concern, the memo’s author wrote, without explaining why. Broadly speaking, while offshore companies have legitimate purposes, they’re also favored by those trying to avoid tax or government scrutiny or hide illicit income. In some jurisdictions, secrecy laws make it virtually impossible to find out who owns them. Registering a company with a virtually identical name to a separate, legitimate business would have the effect of further obscuring the real beneficiaries.

“To a watchdog or another outside observer, the Mecar arrangement would look like a simple transaction between a respected manufacturer and the army, with the middleman getting its cut. A tender bid document sent by the offshore Mecar to the Ministry of Defense a few months after the memo’s date placed the contract’s ultimate value at €4.9 million ($5.6 million), meaning Marshpearl would have made almost a million euros.

“Shown the memo at the Hilton bar, Murray said, “Very clever.” He didn’t see anything improper in the deal’s structure but added, “I wasn’t directly involved.” A spokesman for Mecar’s current owner, Nexter Group, said the Marshpearl deal took place before it acquired the company in 2014 and that it complies with rules and regulations.”

The report also revealed that Quinn was charged with espionage in October 2006 but the charge was dropped within a year.

“It’s said that in Nigeria you can go from pauper to millionaire overnight and back again just as quickly. Even old hands could be caught out by a sudden shift in the political climate, as Quinn was in October 2006. That month, he was charged with espionage and handling secret military materials, alongside his son Adam, a close associate from Ireland named James Nolan, three Nigerian officials, and three individuals from Israel, Romania, and Russia. Details are sketchy, but one of the Nigerian officials submitted an affidavit saying the indictment was over a “large scale of contract scam which involves very senior officers of the Ministry.” Nolan and Adam Quinn didn’t respond to requests from Businessweek for comment, but they denied the charges at the time. The prosecution appears to have been dropped within a year. A defense lawyer involved with the case recalls that the government intervened.”

“That same year, Quinn formed P&ID and began exploring opportunities in gas power. He also branched out into medical technology. In 2006, more people were living with HIV/AIDS in Nigeria than in any country but South Africa or India. The Nigerian health ministry’s efforts to tackle the crisis included a multimillion-dollar partnership with Dublin-based Trinity Biotech Plc to supply HIV testing kits and help set up a factory at the Sheda Science & Technology Complex, which was being constructed outside Abuja. The contract for the factory went to an entity called Trinitron, which local media assumed was a subsidiary of the similarly named Irish company. In fact, it had no formal connection to Trinity Biotech of Dublin and was jointly owned by the health ministry and a group of Irish and Nigerian businessmen. Trinitron’s Irish directors included Adam Quinn and James Nolan, according to three people familiar with the deal. Quinn’s firm Industrial Consultants became a shareholder.

“A few years into the contract, Trinity discovered that Trinitron had registered a company called Trinity Biotech Nigeria domestically and another called Trinity Biotech Joint Venture in the British Virgin Islands. Executives from the original Trinity were furious when they learned of the clones. In 2008 and 2009, they pulled out of the project entirely.

“Trinity Biotech had no ownership stake in Trinitron or the Sheda project or in any entity or assets within Nigeria,” the Dublin company said in a statement to Businessweek. “Our role in the project was the provision of HIV test kits, which we did, although we were left with a significant unpaid debt when the project ended.” Eventually, government funding dried up, and, according to two sources, Trinitron was reported to local police for allegedly misspending state funds, though no one was charged.

“Gerry Nash, Trinitron’s former project director, said in a statement that test kit production at the factory in Nigeria hadn’t progressed because the health ministry wouldn’t buy the kits locally. ‘People in the Nigerian Ministries were more interested in picking up commissions on imported products,’ he wrote. He said that Trinitron had succeeded in developing an IT system and in training HIV specialists, and he denied that the venture was a failure overall, even though the Sheda factory wound down after a few years.

“Today, the Sheda site outside Abuja is overgrown with weeds. A pockmarked sign outside the front gate attests that Trinitron once operated there, but none of the buildings look functional. Gravel piles dot the parking lots. The handful of bored security guards and administrative staff on-site say only that Trinitron is no longer there.

“When it wasn’t possible to squeeze profit directly from a floundering project, Quinn could enlist the law for the purpose. In 2010, Industrial Consultants brokered a $5 million deal with the Nigerian Air Force to repair ejector seats in six Alpha Jets, small fighter craft often used to train pilots. A British company called North Wales Military Aviation Services Ltd. would do the fixing.

A few months into the contract, the air force terminated it for no apparent reason. The ensuing dispute ended up before a Nigerian arbitration panel, which found that the military had pulled out for ‘flimsy, untenable, and unacceptable reasons.’ It awarded NWMAS about $2.3 million for work allegedly done, plus interest, according to a copy of the private judgment seen by Businessweek.

“The case was straightforward enough, apart from one detail: NWMAS didn’t know about any of it. In a statement, the company said its executives had hosted Nigerian officials but never got word it had won the job. Instead, a few months after the visit, it received a letter saying the air force was suing for nonperformance. NWMAS managers forwarded the letter to Quinn’s team and heard nothing further on the matter until being contacted by Businessweek earlier this year.

“If NWMAS didn’t participate in the lawsuit, who did? Individuals from the Quinn organization. Long before the ejector seat contract was finalized, unbeknownst to the original company, Quinn’s team had registered a local entity called NWMAS Nigeria Ltd.—another clone.

Murray testified at the arbitration on behalf of NWMAS. “They never f—king paid,” he told Businessweek, referring to the Nigerian air force. He said the British NWMAS had been fully aware of the case and that NWMAS Nigeria had been created to comply with local regulations.

“Quinn’s organization apparently had trouble collecting the award. In 2013, Cahill sent a message to colleagues about the struggle to enforce the judgment in Nigeria’s chaotic courts. “The moral of the story is that ideally the ‘seat’ of arbitration should be outside of Nigeria and preferably in London,” he wrote.

“Quinn and Cahill already had a stake in at least two lawsuits against Nigeria before the British courts. One of the cases relates to IPCO (Nigeria) Ltd., formerly part of Singapore-based construction group IPCO International Ltd. The parent company sold most of its stake in 2003, leaving behind a shell company whose sole activity seems to have been to engage in lawsuits—notably a $150 million case against the Nigerian petroleum ministry over delays to the construction of an oil terminal. There were familiar allegations of overcharging, and the suit went all the way to the U.K. Supreme Court before being settled on confidential terms last year. How much IPCO Nigeria’s owners received and who benefited remains a mystery. You won’t find Quinn’s or Cahill’s name in the countless claims, counterclaims, and rulings produced since the case began more than a decade ago, but according to three people familiar with Cahill’s role, he helped manage the U.K. lawsuit for IPCO Nigeria in return for a share of the proceeds. The company’s director, Olu Adewunmi, declined to comment on whether Cahill was involved in the lawsuit.”

The post Founder of P&ID Had History of Projects that Ended in Lawsuits, Corruption Allegations, Bloomberg Report Reveals appeared first on THISDAYLIVE.

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