MS Legal Solicitors fraudulently misled British High Court in £10m property fraud MS Legal Solicitors a firm of solicitors based in Holborn, London and controlled by Libyan national and principal partner Mohamed Shaban is accused of one of the most audacious legal frauds in British legal history.

In what is regarded by many as one of the most premeditated and sophisticated legal fraud by an officer of the High Court aided an abetted by negligent judges who seemingly were asleep at the wheel both at the High Court and the Court of Appeal.

Financial Fraudster News Investigations can reveal that at the heart of the fraud is a Hampstead property at 7 Winnington Road, London N2 0UA believed by Mohamed Shaban and the State of Libya to have been purchased with diverted Libyan state funds by Saadi Gaddafi son of the former Libyan dictator Muammar Gaddafi.

In March 2012 court records show that Justice Andrew Popplewell [Now Lord Justice Popplewell] made an order in favour the State of Libya following earlier submissions made in a witness statement dated 1 December 2011 made by Mohamed Shaban, the lawyer representing the State of Libya.

Mohamed Shaban, on behalf of the State of Libya, believed the proceedings to be a mere formality. He said the Treasury ‘will probably expedite this as they are so familiar with the case.’

During the hearing the State of Libya’s counsel Gregory Mitchell QC spent just ten minutes putting his argument to the judge. Neither Capitana Seas nor Gaddafi was represented in court. The defence had not even acknowledged the claim issued by the Libyan legal team.

Background

Unbeknownst to the State of Libya and Mohamed Shaban since the sale of Capitana Seas Ltd (BVI) in May 2011 its seat of corporation and management, following the resignation of the BVI formation agent required by BVI law, was transferred to London in accordance with Civil Jurisdiction and Judgments Act 1982 and has since 6 February 2017 incorporated Capitana Seas Ltd UK, the service of the court papers were not served on Capitana Seas Ltd (BVI) management or owners. 

The reason the Capitana Seas Ltd BVI management neither acknowledged the initial claim or defended the claim was that it simply did not know it existed, why would Gaddafi respond or attend when he had previously assigned any ownership of his interests Capitana Seas Ltd BVI in the first instance.

Source of Funds

Financial Fraudster News Investigations Team can confirm that Capitana Seas Ltd (BVI) was gifted £10m to purchase 7 Winnington Close, London from Sun-e Holdings Ltd and Tuscany Developments Ltd both BVI entities controlled by DEZ Trust Holdings Trustees, at all times for the use of Saadi Gaddafi who in turn would provide favourable access to his father’s economic team.

In papers seen by the Financial Fraudster News Investigations Team which gives an example of an introduction facilitated by Saadi Gaddafi can be seen and which resulted in the sale of Sun-e Holdings Ltd a BVI registered private equity vehicle to the State of Libya in April 2011 for £1.75bn, a deal widely seen as a mechanism to circumvent the biting UN sanctions imposed on the Gaddafi regime under humanitarian grounds and used as a ruse to siphon off the $900m of cash reserves, commodities and gemstones held in Dubai based bank vaults and owned by the Sun-e Holdings.

The was deal was concluded in a 2011 in a timely manner and was duly signed off at the highest level by Muammar al-Gaddafi and head of cabinet Bashir al-Shargawi on behalf of the State of Libya for possible personal enrichment, consideration was given in the form of a secured promissory note (now in default) which must be paid back with interest by the Libya people and is reputed to have ballooned in excess of £6.2bn to the holder of the note yet to emerge.

The Fraud

Mohamed Shaban, the lawyer representing the State of Libya who in a joint enterprise with Gregory Mitchell QC (inset) drafted two witness statements seen by Financial Fraudster News Investigations Team both dated 1 December 2011 signed by a statement of truth but with different versions of the truth, in fact one witness statement states that the State of Libya has evidence of the financial links that funds used to purchase 7 Winnington Close, London originated from the State of Libya and another version including statements from former CEO of the Libyan Investment Authority Rafik Nayed that no link to the State of Libyan funds exist.

Shaban, in a premeditated and sophisticated attempt to mislead the High Court of England and Wales and to ensure that case brought before the courts “got over the line” at a time when 7 Winnington Close, London infested with squatters in the false belief that funds used to purchase the property can from diverted funds from the State of Libya.

Financial Fraudster News has spoken to Christoph Schier senior financial officer at an unnamed Cayman Islands financial institution and has seen a copy of a witness statement for use in any subsequent criminal private prosecution and used in recent civil proceedings where a UK judge has now ordered that evidence before him has on balance proved that the origins of the funds used to purchase 7 Winnington Close, London were not from diverted funds belonging to the State of Libya or any sovereign entity contrary to the misrepresentations perpetrated by Shaban, the State of Libya and many press sources.

The two witness statements drafted and signed by the mastermind Shaban seen by Financial Fraudster News provides no financial evidence at all that evidence has or exists that links funds link to the State of Libya. The whole action brought by the State of Libya, Shaban and Gregory was a fraud perperterated on the High Court of Englands and Wales and who several judges asleep at the wheel allowed to progress through their courts, the claim simply amounted to speculation and a desire to mislead the High Court to make an unlawful gain at the expense of the British justice system who is seen to have turned a blind eye to the irregular conduct of allowing the State of Libya being represented by Shaban’s MS Legal Solicitors and RPC who have submitted documents acted on recklessly by the court in what can be regarded as tag-team representation and submissions not picked up by Lord Justice Andrew Popplewell, Justice Sir Robin Knowles and Lord Justice Flaux and which is in total breach of Civil Procedure Rule Part 42.

Legal action

Shareholders of Capitana Seas is considering and/or has started legal action against MS Legal Solicitors, RPC, Gregory Mitchell QC who have wilfully in a joint enterprise consistently in a sophisticated and premeditated act misled the High Court of England and Wales in a worldwide reported case.

The judiciary itself has made glaring mistakes upon which several senior judges ignored the negligence or incompetence to allow continued submissions by MS Legal Solicitors and RPC without notice of change of solicitor appearing on record at the commercial court in what can be regarded as tag-team representation for the State of Libya and act contrary to Civil Procedure Rule 42 which has resulted in a tainted judgment now found on the emergence of facts related to the origin of the funds to purchase the Hampstead property to be the pinaccle of a wholly fraudulent claim by the State of Libya.

When Capitana Seas appealed Lord Justice Flaux dismissed the application refusing to hear the catalogue of errors in a decision that amounted to illegality, irrationality and procedural impropriety founded in nepotism and bias according to Capitana Seas Ltd. 

Financial Fraudster News Investigations have been told that the owners of Capitana Seas Ltd (UK) Capitana Seas Ltd (BVI) are considering a series of private prosecutions in addition to ongoing civil action.

Financial Fraudster News has seen a pre-action letter sent to MS Legal Solicitors by Capitana Seas Ltd (UK) and Capitana Seas Ltd (BVI) who have stated that they will be sending the same to other parties.

Financial Fraudster News contacted MS Legal Solicitors, RPC, Gregory Mitchell QC who declined to comment.

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Millions flow from Gaddafi’s ‘frozen funds’ to unknown beneficiaries