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Oliver Courtney, Communications Manager
ocourtney@globalwitness.org
+44 (0)7912 517147
Barnaby Pace, Oil Campaigner
bpace@globalwitness.org
Royal Dutch Shell, the world's second largest oil company, has been put under formal investigation by the Milan Public Prosecutor's office for "international corruption" offences relating to a deal for oil block OPL 245 in Nigeria, according to reports in the Italian press this morning.
Royal Dutch Shell, the world's second largest oil company, has been put under formal investigation by the Milan Public Prosecutor's office for "international corruption" offences relating to a deal for oil block OPL 245 in Nigeria, according to reports in the Italian press this morning.
The headquarters of the Anglo-Dutch company in The Hague were, according to Italian newspaper Corriere Della Sera, raided on the 17th of February by 50 officers from the Italian financial police and their Dutch colleagues, with the raid lasting through the night. The Dutch home of former Nigerian Attorney General Mohammed Bello Adoke was also searched.
Global Witness, together with Nigerian activist Dotun Oloko and anti-corruption campaigners at Re:Common and Corner House have been investigating the OPL 245 deal for several years. In June 2015 they filed a complaint with the Milan Public Prosecutor giving evidence of Shell's role in the deal. Today's development presents a real threat to Shell's shareholders who could see the value of their investment disappear, and the company's reputation damaged as a result of any conviction for complicity in dodgy dealings.
"Shell and Eni have always denied knowledge of the corruption at the heart of this deal, but evidence we have published shows otherwise. The news of an investigation into Shell shows that their role played in this deal may backfire on them. Shell and Eni exposed their investors to massive risks and have been tainted by this theft from Nigerian citizens." said Simon Taylor, a Director of Global Witness
A Global Witness investigation exposed that when OPL 245 was sold in 1998 for US$20m - a fraction of its value now - it went to Malabu Oil & Gas, a company secretly owned by the then Oil Minister, Dan Etete. The block was then passed on to Shell and Eni in 2011, with the Nigerian government acting as middleman, for US$1.1bn. This sum is equivalent to 80% of the country's 2015 health budget, but it never reached state coffers.
Shell and Eni have always denied that they knew the money would ultimately go to Etete, despite evidence from Global Witness showing otherwise.
The Nigerian House of Representatives in 2014 called for the deal to be cancelled and declared it "contrary to the laws of Nigeria".
"The age of accountability is dawning with this news. Fueling corruption in Nigeria through shady deals like that for OPL 245 will now have consequences," said Dotun Oloko, a Nigerian anti-corruption campaigner.
Eni has already been formally put under investigation by the office of the Public Prosecutor of Milan which has named Dan Etete, Eni and its current and former CEOs as suspects. The UK's Proceeds of Corruption Unit within the Metropolitan Police began investigating money laundering connected to the case in June 2013 under "Operation Zaphod", however the investigation was discontinued in 2015 due to lack of further evidence becoming available from Nigeria at the time. US authorities also participated in tracing funds connected to the deal. US$190m paid by Shell and Eni for OPL 245 has been frozen in accounts belonging to Etete and middlemen in the UK and Switzerland.
"This is very significant, the British authorities now have questions to answer about why they dropped their side of the investigation and failed to restrain funds when we originally asked them to, which allowed US$110m to leave the UK until it was restrained in Switzerland." said Nicholas Hildyard of Corner House.
Antonio Tricarico of Re:Common said "This news comes as a welcome development which has been long overdue since only Eni has been under investigation for this deal in which both Shell and Eni took equal part. It is vital that any companies and individuals involved are held accountable for this corrupt deal."
In a statement sent to journalists today a Shell spokesperson said "We can confirm that representatives of the Dutch Financial Intelligence and Investigation Service (FIOD) and the Dutch Public Prosecutor recently visited Shell at its headquarters in The Hague. The visit was related to OPL 245, an offshore block in Nigeria that was the subject of a series of long-standing disputes with the Federal Government of Nigeria. Shell is cooperating with the authorities and is looking into the allegations, which it takes seriously.
Shell attaches the greatest importance to business integrity. It's one of our core values and is a central tenet of the Business Principles that govern the way we do business. All employees are expected to uphold these principles and failure to do so will result in consequences up to and including dismissal."
Shell has insisted that they did not pay Malabu and in a response to a request for comment from Global Witness in April 2015 said "We do not agree with the premise behind various public statements made by Global Witness about Shell companies in relation to OPL 245".
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."