BY SAM ALFAN.
A man arrested with heroine in Mombasa and his proxy will not access their properties including land and eleven vehicles linked to proceeds of trafficking in of narcotic drugs.
High Court Judge Esther Maina issued orders prohibited Abdulmajid Msallam Timami who was jailed for 15 years and Said Mselem Abdallah from selling, charging or transferring three parcels of land located in Mombasa.
The court ordered the Land Registrar to place caveats on the named properties and further directed that income derived from rent accruing from houses development on the properties be deposited in a bank account belonging to Assets Recovery Agency Bank.
The court further banned the two from selling or transferring the eleven motor vehicles and directed Director General of National Transport Authority (NTSA) to register a caveats against each of the motor vehicle.
Msallam was ordered to surrender the vehicles and logbooks to the Directorate of Criminal Investigations (DCI) headquarters Kiambu road with immediate effect.
The court orders shall last for 90 days, pending an application for forfeiture of the properties to the state.
Msallam was arrested on the 22nd March, 2019 at Tononoka, Mombasa County and was subsequently charged with the offence of trafficking narcotic drugs.
ARA later commenced investigations to recover proceeds of crime accrued through the illegitimate trafficking and trading of narcotic drugs in accordance with its mandate.
During the arrest a search was conducted in the motor vehicle registration number KCT 180 M and his Mombasa residence and a total of 1015.8 grams of heroin with market value of Sh3,047.400, were recovered.
The ARA said the suspect has since acquired massive assets/properties using the proceeds obtained from the illegitimate trade of Narcotic drugs and channeled the illegitimate funds through identified bank accounts belonging to the 1st Respondent with the intention to conceal the source of funds, which are suspected to be proceeds of crime contrary to the provisions of the Narcotic Drugs and Psychotropic substances (control).
The Agency into the activities of Msallam’s bank accounts for purposes of ascertaining whether they received and laundered any funds that are suspected to be proceeds of crime, tracing and identification of assets acquired using proceeds of crime.
The Agency investigating officer Corporal Isaac Nakitare told the court upon obtaining orders from the Magistrate Courts , he served banks and Safaricom and obtained both bank statements and M-pesa statement for Msallam.
He told the court that analysis of the accounts statements established that bank accounts were opened and operated by Msallam and that the bank accounts received suspicious huge sums of cash and cheque deposits that indicate activities of money laundering as shown in the analysis below.
According to the investigator, the Msallam Bank Account held at Gulf African Bank Limited was analyzed for the period between 30th October 2017 to 17th August 2019 and during this period the notable suspicious credits amounted to Sh 75,896,816.75 and the notable suspicious debits amounted to Sh 75,795,967.89. I observed that most of the money into this account come from matured fixed deposits that had been placed from different individuals. The money was then transferred to different individuals and that some money was used to purchase a motor vehicle.
He further told the Anti-Corruption Court that Sh 75,896,816.75 notable credits were broken down as shown below. A total of Sh 35,650,000.00 come in as matured fixed deposits.
The court documents indicate that notable suspicious debits amounting to Sh75,795,967.89 were broken down and Sh35,650,000.00 was placed out as fixed deposit over a period of three months and money sent, transferred and withdrawn to different individuals amounted to Sh 32,602,798.89. The debits ranged from Sh7,400 to Sh10 million.
Documents filed by ARA indicate that Msallam Bank account held at NCBA account held at NCBA Bank Limited was analyzed for the period between 3rd January 2014 to 16th September 2020 and notable suspicious credits during that period amounted to Sh 155,061,904.56 and the notable suspicious debits amounted to Sh154,532,486.40.
“I observed that most of the money into the account come from different individuals where there was the largest depositor. The money was then withdrawn through cash and transferred to other individuals and companies,” said the investigator.
He further adds that Sh155,061,904.56 noted as suspicious credits are broken down as shown below. A total of Sh 134,903,658.00 come from different individuals through cash deposits, cheques and M-pesa. The amounts ranged from Sh10,000.00 to Sh 2,100,000.00 and the deposits were on a daily basis below is a summary of individuals who deposited or transferred more than Sh.500,000.00.
He further told the court that Msallam Bank (USD Account) held at NCBA Bank Limited was analyzed for the period between 18th September 2020 to 31/05/2021. (i) The total suspicious credit was USD 155.192.36 whilst the debit was USD 155,192.36 and as soon as the suspicious money was deposited into the account inform of Foreign Cheque deposits, it was immediately debited in form of cash withdrawal.
The officer demonstrated the movement using of funds using tables.
The investigations have established that Msallam in collaboration with hired mules and 3rd parties’ obtained suspicious funds in his bank accounts from the illegitimate trade in Narcotic Drugs contrary to the provisions of Narcotic Drugs and Psychotropic substances (control) Act no.4 of 1994, Proceeds of Crime and Anti-Money Laundering Act 2009 and Preventions of Organized Crimes Act.
Investigations further established that Msallam acquired massive assets/properties using the proceeds from the illegitimate trade in Narcotic drugs and registered under the assets his name and in the name of his proxies so as to conceal and disguise the source of funds used to procure the said assets.
