AgustaWestland: Deal nearly died as bribe demanded was huge; Haschke 'used' to get Tyagi family goodwill
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In his detailed confession, Haschke says the commission deal with Agusta was struck in the guise of fake engineering contracts. A total commission of Euro 20 million was decided in his favour, a part of which he would transfer to the Tyagi brothers in India.
QUOTE FROM ITALIAN REPORT: ''The agreement was made as an engineering contract equal to 5% of the order. The real cost was of 1.5% while the rest was actually the commission for me and GEROSA, to be shared with the Indians in the following way: 60% to the TYAGI family and 40% between me and Gerosa. The contract signed in Cascina Costa on 03.01.2007 between AW spa and IDS INFOTECH Limited – which we are calling contract but which was actually a letter of intent signed by SPAGNOLINI – was followed by the contract signed on 01.08.2007 between the same companies. This contract was replaced on 31.10.2008 with a contract between AW spa and IDS Tunisia through HEDI Kamoun, which is actually an empty box.''
However, the two middlemen had a major fallout in 2011 after the Italian chopper manufacturer said it will not be able to pay such a huge amount of bribe. Out of this dispute is born a crucial piece of evidence in the Italian investigation report -- an agreement that was allegedly drawn up by the two key middlemen in Dubai to settle the dispute that had threatened to end their contract with Finmeccanica.
The agreement, a copy of which was seized from a house in Switzerland and is cited in the report as a major piece of evidence, discussed how a total of 52 million euros would be divided between Guido Haschke and Christian Michel. The letter says that Michel agreed to take a 12 million-Euro cut in his commission to accommodate the demand of Haschke and "the family". It is, however, not specified in the letter what "the family" alludes to.
The dispute was settled after Michel agreed to take a hefty cut in his commission and assured Haschke that he would manage to convince the Italian company). (Refer to cover photo)
The report goes on to say that when the police (not specified if Italian or Swiss police) raided Haschke's mother's place in Switzerland in April 2012, they found important documents hidden under a bed on which Haschke lay as he pretended he was not feeling well.
QUOTE FROM ITALIAN REPORT: ''At the time when the engineering contract was being executed, in a meeting with SPANOLINI in spring 2011 I had an unpleasant surprise. SPAGNOLINI told me that the contract would have expired about 18 months prior to the agreed termination. I complained but SPAGNOLINI told me that it was Orsi's decision and I would have had to talk to him. From my point of view the contract should have been fulfilled but the meeting with Orsi was not decisive. I later got a call from Michel for a meeting in Lugano of which I already told in the previous interrogation on 17.09.2012. After Lugano I met him in Dubai of which I already told. After this meeting, on 11.05.2011 I went to Spagnolini with Michel and Gerosa. On that occasion, Michel showed Spagnolini the latest document we made in Dubai. Spanolini got very angry as the solution was not feasible because it was out of budget. After leaving Cascina Costa, Michel, Gerosa and I went for lunch at "Sole di Ranco". Michel was very calm unlike me and Gerosa and told us to be calm ''you will see you situation will be sorted out''. Indeed, the prosecution of the contract went on without further problems. Until 31.08.2011 – the term for a possible termination – Gerosa and I did not get good sleep."
THE COVER UP
Italian investigators conclude that Finmeccanica officials tried to put on an elaborate cover to hide the true relation of their dealings with Haschke and Michel. In several interrogations, senior executives said the agreements were legitimate.
''SPAGNOLINI, on the occasion of an internal audit on 09.05.2012 confirmed the relation with HASCHKE which started in 2005, although stating that he (Haschke) had nothing to do with the supply of the 12 helicopters to the Indian ministry of defence and affirming that the task which was given to him or to a company linked to him consisted in scouting activities in India regarding civilian helicopters and a following high-volume labour engineering activity assigned to IDS Infotech Ltd, a company introduced by Haschke himself.''
This is the entire crux of the investigation by Italian prosecutors as it now stands:
In the document, the prosecutors reach the conclusions that, allegedly:
* AgustaWestland top managers knew from the very beginning about the limits fixed by Indian authorities regarding the use of external consultants by firms interested in participating in the tender. However, with the intention to overcome this obstacle, and being anyway forced to give an explanation for the amounts paid to the companies linked to HASCHKE and GEROSA, they put a different content with regard to the task given to the company (they decided that yes, these contracts happened but they were about scouting activities and about civilian helicopters). Hence, both ORSI and SPAGNOLINI knew about the necessity of using the services offered by HASCHKE Guido and his abilities in creating conditions to facilitate AgustaWestland spa in the tender. They, in other words as it is evident, estimated Haschke's activity as essential. Haschke, as he said in the interrogation, had informed them about the possibility to obtain the paid goodwill of TYAGI Sashi.
* ORSI Giuseppe and SPAGNOLINI Bruno, in their positions respectively, on 09.05.2012 gave non truthful information to the internal audit body, hence demonstrating a clear contempt for the controlling structures and for those audits to which it was necessary to give explanation to substantiate an internal and external situation whose transparency was indeed very opaque if not totally in existence.
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