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SETTLEMENT OF A FRAUD COLOMBO HILTON HOTEL CONSTRUCTION

Author: Nihal Sri Ameresekere

Publisher: Author House

Published: 2012-04-20

Total Pages: 778

ISBN-13: 1467897191

This Book contains shocking revelations, on how third world developing countries become subservient to economically powerful giants, even having to cover-up major frauds perpetrated on sovereign States and its impoverished people. Author discovers fraud in the construction of Colombo Hilton Hotel, by Japanese companies, Mitsui & Co. Ltd., Taisei Corporation, and Architects, Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance from Hilton International USA. Author successfully establishes a strong case of fraud before the highest judiciary, with Japanese unable to answer Interrogatories ordered by Court. Attorney Generals and Secretaries of Finance, at the behest of successive Presidents of the country, require such fraud to be settled, without prosecution. Consequently Author insists and obtains write-offs of US $ 207 million in June 1995 on fraudulent claims of the Japanese on State Guarantees. Author persists on several conditions, which the Government agrees, including an undertaking by the State to take legal action against Members of Securities & Exchange Commission (SEC) for dereliction of duties on inaction on such fraud in a public company, notwithstanding Author’s complaints. This condition affected Justice Minister, subsequently Minister of External Affairs, as a former SEC Member, resulting in him precipitating perverse controversies, causing colossal loss to the company and the State, frustrating the settlement, resulting in the Author suing him, and a courageous Justice ruling in Author’s favour in striking-out the Answer of his own Minister, for duplicitous stances; the courageous Justice later being gunned down by a drug cartel. Author in his crusade, risking his life, to combat corruption at highest echelons of society, faces malicious capricious actions, with vexatious litigations, resulting in him applying to Court to wind-up the company, and the Government arbitrarily unilaterally enacting law to acquire the company !

Colombo Hilton Hotel Construction Fraud on Sri Lanka Government

Author: Nihal Sri Ameresekere

Publisher: AuthorHouse

Published: 2011-04-25

Total Pages: 501

ISBN-13: 1456779265

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‘Colombo Hilton Hotel Construction’ – ‘Fraud on Sri Lanka Government’ – ‘Sri Lanka’s First Derivative Action in Law’, startlingly unravels the major fraud on the Government of Sri Lanka by reputed multi-nationals, colluding with socio-politically influential, endeavouring to fraudulently ‘siphon out a large scale of foreign exchange on government guarantees’, , which was successfully prevented through injunctions affirmed by the Supreme Court of Sri Lanka. ‘On sovereign guarantees of the Government of Sri Lanka, the Colombo Hilton Hotel was to be constructed, equipped and furnished, on a ‘turnkey fixed price basis’ by a Japanese consortium comprising Mitsui & Co. Ltd., and Taisei Corporation, supervised and designed by Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance in planning and construction from Hilton International, United States of America, who were to operate and manage the Hotel. During construction a staged fire allegedly destroyed all plans and documents, and surreptitiously the original plans substituted, and the hotel constructed with two floors short and without the basements contrary to the original plans, based upon which Sri Lanka Government guarantees had been obtained. ‘The book essentially reveals the process of litigation by one minority shareholder, single-handedly combating socio-politically powerful influential fraudulent miscreants; lucidly narratively setting out pleadings, counter-affidavits, further pleadings, interrogatories, pre-trial processes, objections, written submissions, District and Appeal Court orders, and the landmark historic judgment by the Supreme Court of Sri Lanka, demonstrating its independence in pronouncing – ‘in the given circumstances the Government could not be indifferent’, – resulting in the Japanese multi-nationals writing-off a colossal sum of US $ 207 million in 1995. ‘This is an invaluable and indispensable research book for both academics and professionals of law, particularly on the rights of minority shareholders in corporates, and for those interested in the combat of fraud and corruption at the highest levels in a country.

Criminality Exposed Colombo Hilton Hotel Construction Perversely `Covered-Up'

Author: Nihal Sri Ameresekere

Publisher: Author House

Published: 2011-11-18

Total Pages: 804

ISBN-13: 1467011010

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In this voluminous Book in a series by the Author on corruption, fraud and economic crime, with indepth analysis, transcending forensic accounting, he brilliantly reveals, with incisive diametrics, irrefutable evidence of criminality, in the construction of Colombo Hilton Hotel by Mitsui & Taisei, Japan, with Architects, Kanko Kikaku Sekkeisha Yozo Shibata & Associates successful civil prosecution by Author led to Japanese writing-off US $ 207 Mn. He establishes beyond reasonable doubt, that original Architectural Plans had been suppressed / destroyed by a staged fire, with amended Architectural Plans surreptitiously substituted being cannibalized Sheets, with incongruous elevations, whereby such Plans could not be approved. Meticulously probing into elevations on Floor Sheets and Cross-Sectional Sheets, which crucial aspect had been overlooked by professional architectural investigations, he proves the shortfall of floors, with the elevations on tampered Sheets bearing tell tale evidence of being identical, with elevations in the cross-sections of the Project Plan, upon which Hilton International formulated Profitability Forecasts, to obtain State Guarantees from Sri Lanka Government, to finance this construction, which was a major fraud perpetrated on the people, rendering such guarantees null and void. Shockingly revealed are perverse endeavours, including by Auditors, KPMG Ford, Rhodes, Thornton & Co., to cover-up this massive fraud, involving upper echelons, with socio-political / international ramifications. Appallingly, criminal investigations were significantly abandoned, on advice of Attorney General. Securities Exchange Commission colluded to cover-up, whilst Chartered Accountants Institute endeavoured to whitewash miscreants. This is a revealingly absorbing Book of real experiences of the Author, in exposing and combating, a despicable fraud on the people, which to him was a crime against humanity, and would be invaluable to investigators and prosecutors of commercial frauds and crimes, and civil society urging equal enforcement of the rule of law.

Colombo Hilton Hotel Construction Fraud on Sri Lanka Government

Author: Nihal Sri Ameresekere

Publisher:

Published: 2011-04

Total Pages: 500

ISBN-13: 9781456772949

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Colombo Hilton Hotel Construction Fraud on Sri Lanka Government " Sri Lanka s First Derivative Action in Law, " startlingly unravels the major fraud on the Government of Sri Lanka by reputed multi-nationals, colluding with socio-politically influential, endeavouring to fraudulently " siphon out a large scale of foreign exchange on government guarantees, " which was successfully prevented through injunctions affirmed by the Supreme Court of Sri Lanka. On sovereign guarantees of the Government of Sri Lanka, the Colombo Hilton Hotel was to be constructed, equipped and furnished, on a turnkey fixed price basis by a Japanese consortium comprising Mitsui & Co. Ltd., and Taisei Corporation, supervised and designed by Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance in planning and construction from Hilton International, United States of America, who were to operate and manage the Hotel. During construction a staged fire allegedly destroyed all plans and documents, and surreptitiously the original plans substituted, and the hotel constructed with two floors short and without the basements contrary to the original plans, based upon which Sri Lanka Government guarantees had been obtained. The book essentially reveals the process of litigation by one minority shareholder, single-handedly combating socio-politically powerful influential fraudulent miscreants; lucidly narratively setting out pleadings, counter-affidavits, further pleadings, interrogatories, pre-trial processes, objections, written submissions, District and Appeal Court orders, and the landmark historic judgment by the Supreme Court of Sri Lanka, demonstrating its independence in pronouncing " in the given circumstances the Government could not be indifferent, " resulting in the Japanese multi-nationals writing-off a colossal sum of US $ 207 million in 1995. This is an invaluable and indispensable research book for both academics and professionals of law, particularly on the rights of minority shareholders in corporates, and for those interested in the combat of fraud and corruption at the highest levels in a country."

Socio-Political Realities Hilton Hotel Fiasco & Ad Hominem Legislation Expropriation Law

Author: Nihal Sri Ameresekere

Publisher: AuthorHouse

Published: 2012-07-03

Total Pages: 818

ISBN-13: 1477213945

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`Socio-political realities' at the highest levels in society are lucidly revealed by the Author documenting real life experiences, in interacting with Presidents, Prime Ministers and Ministers, demonstrating their subservience to international pressures by influential powerful countries, and their shameless shielding of fraudulent/corrupt Ministers/Officers. Author discloses non-enforcement of the rule of law, even by Attorney Generals, against those affluent and powerful, eventhough the rule of law is the cornerstone of democracy. There is shocking revelation, of how Japanese Government, through Diplomats, pressurized to settle and cover-up a colossal fraud, blatantly perpetrated on a country and impoverished people, to prevent criminal prosecution thereof; even inducingly offering to negotiate with a terrorist organization, to resolve the issue of armed terrorism, ironically created by social injustice, including economic terrorism. Constitutional Minister, President's Counsel, charged for fraud utters blatant falsehoods. Justice Minister and Foreign Minister, President's Counsel, both scholarly alumni of Oxford University, camouflages to whitewash fraud, taking duplicitous stances. This Book is in two Sections, one dealing with `Political and Diplomatic Hypocrisy', and the other on an `Ad Hominem Legislation - Expropriation Law', enacted in violation of UN Universal Declaration of Human Rights, and ultra-vires the Constitution. How the country's highest judiciary deals with challenges to the perverse legislative process is revealing, with shocking disclosure of the Chief Justice's husband being given plum political office, with a scandalous controversy exploding in the public domain; just as the Author applies for a review of the pre-enactment Determination by Chief Justice for such Statute, as having been made per-incuriam and ultra-vires the Constitution, adducing additional grounds of perceived bias, upon which Their Lords of Appeal exercising inherent jurisdiction, in similar circumstances, rescinded a previous Judgment of the House of Lords in extradition proceedings re - Chilean President Pinochet.

Politics, Justice & the Rule of Law

Author: Nihal Sri Ameresekere

Publisher: AuthorHouse

Published: 2013

Total Pages: 825

ISBN-13: 1481781766

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This is the most controversial Book, containing complex shocking revelations, in the series of Books by the Author, wherein most difficult topics are excellently and diligently dealt with, exposing realities in politics, and non-dispensation of justice, with judiciary acting sans jurisdiction, ultra-vires the Constitution, denying natural justice, making a mockery of the `rule of law', paying scant regard to United Nations Conventions on Human Rights. The range of cases and topics dealt with is indeed amazing making exhorbing reading. Commencing with his own exposure to politics, paying high tribute to minority Tamils in Sri Lanka, the Author brings out stunning prevalent reality. Makes startling disclosures on Sri Lanka's most controversial Presidential Election of 2010, and incarceration, as a villain, a Presidential Candidate, a trusted Army General, once hailed, as the `best Army General in Asia', having led the country's armed forces to crush one of the most feared terrorists organizations, internationally banned, Liberation Tigers of Tamil Elam. The most difficult and delicate subject of `judicial bias and disqualification' at highest levels of the judiciary is dealt with, including the controversy which reverberated on the endeavour by the Legislature to impeach a Chief Justice, whose husband, having held high profile political office, was impleaded in a dubious share scandal, involving the country's leading Savings Bank. Author incisively delves into an important case of abduction of a Tamil businessman, and the horrendous anonymous allegations of trading in human body parts, during the war against the terrorists, allegedly with Indian and Israeli connections. Author analyses real case studies, involving foreign investments, demonstrating classic instances of dubious judicial processes, including subversion of action, vis-à-vis, fabricated forged documents of public officers tendered to Court, involving questionable professional conduct, and indifference by law enforcement authorities, including Attorney General, Chief Law Officer of the State.

IMF, World Bank & ADB Agenda

Author: Nihal Sri Ameresekere

Publisher: AuthorHouse

Published: 2011-04-27

Total Pages: 458

ISBN-13: 1456773771

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`Colombo Port Bunkering Privatisation' under IMF, World Bank and ADB privatization agenda, discloses a scandalous privatization, annulled as illegal and fraudulent by a 3-Judge Supreme Court Bench of Sri Lanka, presided by Chief Justice, Sarath N. Silva; compelling Secretary, Finance Ministry / Secretary Treasury, P.B. Jayasundera to resign. It involved, John Keells Holdings Ltd., an UN Global Compact Co. committed to combat fraud and corruption. It is an `eye opener' on socio-political realities, of those holding selected and elected influential and powerful public office, including Secretary, Finance Ministry, P.B. Jayasundera, compromising national and public interest, with scant regard for the `rule of law', and hollow dictates by international agencies, on governance, transparency and level playing field. President Chandrika Bandaranaike Kumaratunga, in a Memorandum to Cabinet Ministers opposed this privatization. Prime Minister Ranil Wickremesinghe disregarding the President had pushed the deal, with his Advisor, former Secretary, Ministry of Finance, R. Paskaralingam; approved by Economic Sub-Committee of Cabinet, including Finance Minister, K.N. Choksy, PC. It reveals condoning of fraud and corruption by confidantes of those at helm in a country; with governments and society uninhibitedly bestowing upon corrupt miscreants, even more recognition and position, without arraigning them, as warranted, before the law; President Mahinda Rajapakse re-appoints, P.B. Jayasundera, Secretary, Finance Ministry / Secretary Treasury. Susantha Ratnayake, continues as Chairman, John Keells, and helms Ceylon Chamber of Commerce; appointed Chairman, Sri Lanka Tea Board, by Government New Chief Justice, J.A.N. de Silva and other Supreme Court Judges act to accommodate necessity of President Mahinda Rajapakse, when P.B. Jayasundera is permitted to be re-appointed to same powerful position. A sole woman, Justice Shiranee Tilakawardena courageously dissents, upholding principles of moral turpitude and democracy to keep organs of State within the law - `anyone would balk at such re-appointment'; 2 pages of Judgment suppressed from media.

UN Convention Against Corruption to Combat Fraud & Corruption

Author: Nihal Sri Ameresekere

Publisher: AuthorHouse

Published: 2011

Total Pages: 535

ISBN-13: 1456796739

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An invaluable Book dealing with United Nations Convention Against Corruption (UNCAC), in force from December 2005, including its evolution, and related UN Convention Against Transnational Organize Crime. UNCAC - is an international legal instrument dealing with combating fraud, corruption and economic crime in public and private sectors, including political leaders and lackeys. Author discloses the formation of International Association of Anti-Corruption Authorities (IAACA), in Beijing in October 2006, with Inaugural Address by Chinese President, Hu Jintao. IAACA promotes and facilitates implementation globally of UNCAC, supported by United Nations Office on Drugs & Crime (UNODC). He reveals his endeavours to combat fraud, corruption and economic crime, prior to UNCAC. He demonstrates that whilst fraud and corruption, as endorsed by international research, is a major issue confronting people, how political leaders stride to power exploiting their anguish by committing to combat fraud and corruption, but once in power get bogged down in the quagmire of fraud and corruption, peddled by their lackeys, financing them. Disclosing real instances, he demonstrates how countries, having ratified UNCAC, are not honouring its obligations, but blatantly violating with impunity its obligations; he highlights dire need for international endeavour to deal with political leaders, pillaging and plundering the resources of people plunging them into abject poverty, as crimes against humanity. SAARC leaders acknowledge people in Asia are enslaved in abject poverty, and propound prosperity is not monopoly of a few, but are not committed to combat fraud and corruption. He reveals how World Bank and international agencies pontificate on combating fraud and corruption, but continue to fraternize with fraudulent and corrupt miscreants, demonstrating that mere rhetoric, only subverts UNCAC - an indispensable handbook for those combating fraud, corruption and economic crime.

IMF, World Bank & ADB Agenda on Privatisation

Author: Nihal Sri Ameresekere

Publisher: AuthorHouse

Published: 2011

Total Pages: 589

ISBN-13: 1456778080

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This shockingly explosive Book deals with the manipulative privatization of Sri Lanka Insurance, under a privatization program, pushed by IMF, World Bank and ADB; questionably mishandled by PricewaterhouseCoopers and Ernst & Young, contravening governmental procedures and professional standards; involving a consortium of leading corporates, controlled by one individual, portrayed as a close associate of former US President Bill Clinton. This dubious deal was annulled as wrongful, unlawful and illegal by the Supreme Court, the highest judiciary, observing that it 'shocked the conscience of Court', asserting that public assets are held in trust on behalf of the people. This Book exposes those holding elected and selected influential and powerful public office unabashedly compromising national and public interests, in the disposal of an invaluable national asset, at a ridiculous price, to parties, who had not even been pre-qualified, with one party incorporated in Gibraltar after the completion of the process, and whose source of funds channeled through a leading Bank remained a mystery. This Book appallingly reveals how pontificating professionals retrospectively manipulated the financials of Sri Lanka Insurance, facilitating a fraudulent demand for a refund from the Government. It reveals the unashamed condoning of fraud and corruption, and bestowing on corrupt miscreants even more recognition, shunning the 'rule of law'; and the absence of law enforcement; and the duplicitous stances of the Chamber of Commerce and the Institute of Chartered Accountants. This book is an 'eye opener' on socio-political realities, and is invaluable to those dealing with privatization, public finance and commerce, fraud and corruption, forensic accounting, and to legal academics and professionals, and public interest activists.

Investment Treaties and the Rule of Law Promise

Author: N. Jansen Calamita

Publisher: Cambridge University Press

Published: 2022-10-06

Total Pages: 377

ISBN-13: 1009153013

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Investment treaties promise to advance the rule of law in the countries which sign them. In reality, this is not the case.