SDNY COURTHOUSE,
Sept 20 – Sierra Leone's
Mission to the United Nations
has been sued for "posing an
immediate danger [with] mold
and vermin infestation." Inner
City Press first reported the
case on May 21, 2021 and it
has since been picked up.
The Sierra
Leonean Mission is at 245 East
49th Street, right near the
United Nations which also
poses dangers, in its
impunity. Inner City
Press live stream here.
Now Inner City
Press reports, in May 2024,
that Sierra Leone stopped
paying or communicating with
its lawyers at Foley Hoag, who
on May 8 withdrew, see below.
Then from
Freetown, this: "The
Commissioner explained that
the investigations revealed
that an initial Two Million
Five Hundred and Sixty US
Dollars (USD 2,560,000.00) was
approved for the refurbishment
of the building around 2012.
He said a Procurement Unit was
formed in New York during the
stewardship of the then
Ambassador Vandi Minah to
ensure that procedures were
complied with. This followed
quotations received from
newspapers in the US to invite
bidders and bids were received
with the highest being
Eighteen Thousand US Dollars
(USD 18,000) from the New York
Times and the lowest was One
thousand one hundred and
fifty-five US Dollars( USD
1,155.00) from Sunday
Metro. ..Yet the
Government of Sierra Leone
signed the contract
represented by the then
Ambassador/Permanent
Representative to the United
Nations, Adikalie Foday
Sumah,” he said.
Commissioner Kaifala said
immediately after the signing
of the contract, the sum of
One Million US Dollars
($1,000,000.00) was remitted
into the mission’s building
account in Citi Bank in New
York... The Commissioner said
the the ACC had concluded
therefore that the
transactions surrounding the
contract are fraudulent and
did not follow due process,
thus all involving parties
will be held accountable. It
is in this regard he stated
that the Commission, during
the course of the
investigations, interrogated a
number of persons of interest,
including former Permanent
Representative to the UN Dr.
Alie Kabba, former Minister of
Development Dr. Francis
Kaikai, the Accountant General
Richard Solomon Ralph
Williams, former Ministers of
Foreign Affairs Nabeela Tunis
and Dr Samura Kamara, former
Director General of the
Ministry and current and
former Heads of Chancery,
among others. He said, based
on the investigations, not
less than six people,
including the contractor, will
be indicted by the Commission
for their various roles in the
misappropriation of funds,
which has caused an
embarrassment to the country,
as the State has been sued by
neighbors of the country’s UN
House in New York as result of
this project."
And now, a
request to add two more
parties to the lawsuit. Sierra
Leone's Mission to the corrupt
UN is due October 4. Watch
this site.
On June 4,
not the Mission but contractor
Empire Group NYC, LCC made a
number of proposals, including
cleaning up the Mission's
debris. The cover letter says,
"as soon as the Permanent
Mission of the Republic of
Sierra Leone to the United
[Nations] appears in the case,
the Court should schedule a
prompt return date for its
response to the OTSC issued by
the Court."
On July 26 an
emergency hearing was sought
as Sierra Leone's UN mission
and its contractors refuse to
comply with an order, for
example: "Remove all debris
from inside the Mission that
pose an ongoing fire hazard...
The Mission's lawyers have
refused to take additional
photographs or any any
inspection of the Mission on
purported grounds of Sierra
Leone's national security."
And the response
on July 27 confirmed: "The
Mission has imposed certain
restrictions on access to and
documentation from within the
Mission, as referenced in the
Plaintiffs' Letter, citing
national security grounds."
Sounds like the corrupt
UN-world of Guterres, still
banning Press.
So does this
invocation of impunity: on
August 20, Sierra Leone's
lobbying firm put in a letter
that argues that its decrepit,
nuisance "diplomatic premises
are inviolable as a matter of
federal and international
law." Tony's law - beat up the
press, kill with cholera,
leave garbage everywhere, and
cite immunity. Will it work?
After
Inner City Press exclusively
reported on this case, and was
contacted by media in Sierra
Leone, now the Foreign
Ministry has issued a two page
press release saying it has
been directed to our media
report, and calling it
misleading and inaccurate.
While
unlike the even more corrupt
UN of Antonio Guterres, who
rather than respond to
questions using UN Security to
rough
up and ban the Press
that asks them, the Ministry
has spoken, it does not stand
up. Just consider the photos
of how they left the site of
their "Chancery."
And they do not
specify what they say the US
State Department did not do.
(Inner City Press got answers
from the State Department on
May 27, here,
but has not yet asked about
this, since it didn't know of
the Ministries response until
May 28).
The
pickers-upper also note that
Sierra Leone's government
transferred some $3.2 million
to their UN Mission in New
York, including "5-Sep-19
FT1924808290 Outward Swift
Payment 9,329,999,975.14," the
spending of which remains
unclear given the conditions
of the "Chancery." There's
also the IMF's March 15, 2021
OK-ing of $50.37 million to
Sierra Leone under its Rapid
Credit Facility. We aim to
have more on this. Watch this
site.
Next door
neighbors have sued the
Mission in the U.S. District
Court for the Southern
District of New York, which
Inner City Press while banned
from the UN by Antonio
Guterres now covers daily.
The
complaint identifies Sierra
Leonean diplomats' "failure to
follow basic fire-prevention
protocols... creating an
opportunity for flying debris,
fire and other
dangers."
The SDNY docket
reflects that, of the
complaint, "service was accept
by Fatima (F/B 40-49 years
old, 5'4" tall, 140 pounds
with black hair and brown
eyes) who advised at the time
of service that she is
authorized to accept on behalf
of the Permanent Mission of
the Republic of Sierra Leone
to the UN."
On May 27,
the SDNY's Deputy Clerk
certified serving the
country's foreign minister,
pursuant to the Provisions of
the Foreign Sovereign
Immunities Act, 28 USC
1608(a)(3).
On
November 29, 2021, Sierra
Leone's law firm wrote to
Judge Ramos that they would
like to move to dismiss based
on the total immunity of
Sierre Leone, no matter what
it does.This is the
international system / racket
under Antonio Guterres.
On June 27, 2022
with the case still going, the
Harvey's wrote to Judge Ramos
that "a significant rat
infestation has invaded the
Harvey's home from the
headquarters." UNHQ?
On July 1, 2022,
Judge Ramos denied Sierra
Leone's motion to dismiss:
"MOTION to Dismiss filed by
Permanent Mission of The
Republic of Sierra Leone to
the United Nations. The
Mission's motion to dismiss is
DENIED. The Harvey's motion
for contempt and sanctions is
DENIED in large part, and the
motion for a preliminary
injunction is DENIED. The
parties are directed to appear
for a status conference on
July 15, 2022."
In October 2022,
Sierra Leone wrote it to
"clarify" that it would not
even be attending the October
26 status conference, since it
got a stay pending appeal to
the Second Circuit on the
issue of diplomatic immunity.
How dangerous could the
building get? Judge Ramos
conferred with those who did
attend, and directed that a
proposed case management plan
be submitted by October 28.
Jump cut to May
8, 2024 - Judge Ramos granted
the request for Foley Hoag to
drop Sierra Leone as a client
- the firm said Sierra Leone
was not paying, and had not
even communicated in ten
months.
On June 4,
despite an order to find new
counsel, the Mission's
"Minister Counselor" A. Salieu
Kamara wrote it asking for an
unspecified day to find new
counsel. The plaintiffs have
proposed a June 14 deadline.
On June 14, Inner
City Press covered Sierra
Leone's non-appearance, thread:
OK - now case
against UN Mission of Sierra
Leone, which as Inner City
Press exclusively reported
left its mission building full
of rats and is now absent
despite being ordered to
appear in court
Judge: Has Sierra
Leone done anything to fix its
building?
A: Nothing.
Nothing at all. Judge: The
Mission is not being used at
all? A: Not at all. We are
moving for default. The Court
has repeatedly told the
Mission it must have counsel
in this case.
Plaintiff's
lawyer: The Court told the
Mission it had to appear in
this case. All they did was
send a vague letter saying
they couldn't comply. They are
in contempt of this Court. We
move for default. Judge: I'll
ask that you do this on
papers.
Judge: This
involves intl relations, our
government and Sierra Leone.
So we need to dot our i's and
cross out t's.
Judge: When will
you move by? A: In 7 days. And
we'll move for attorneys fees.
[But would Sierra Leone pay?]
Dysfunction?
Impunity? Or both? This is
today's UN World of SG Antonio
Guterres.
Letter to
withdraw for non payment on
Patreon here
On July 3, 2024
Sierra Leone's UN Mission's
default was noted, officially,
and the process for damages
started, with reference to
among other things nuisance,
diminution in the value of
Plaintiffs' home, and
remediation.
On July 9, Judge
Ramos set a schedule - and
invited the US State
Department into the case,
presumably to assert or argue
immunity for the rogue
mission, as it did for the UN
when it brought cholera to
Haiti and killed 10,000
people: "ORDER Janet and
Joseph Harvey filed this
action on May 14, 2021. Doc.
1. They bring various claims
alleging that the renovation
and expansion of the Permanent
Mission of the Republic of
Sierra Leone, which is located
next door to their Manhattan
home, presents a danger to
their health. Shortly after
the Second Circuit's mandate
issued, counsel for the
Mission sought leave to
withdraw, citing the Mission's
failure to cooperate in the
representation and its failure
to pay legal bills. The Court
has scheduled an order to show
cause hearing for August 7,
2024, at 10:00 a.m., to
address (1) whether an order
should be entered permitting
the Harveys and the Mission's
codefendants in this matter to
access the Mission's
renovation site, and (2)
whether the Harveys should be
permitted to move for damages
in support of default judgment
against the Mission following
an inspection of the site.
Given the nature of these
issues, the Court finds it
appropriate to invite the U.S.
Department of State to provide
its views, if any, on the
Harveys' requests or on any
issues of interest to the
United States. The Department
of State may file a statement
of interest by July 31, 2024,
or it may appear at the order
to show cause hearing on
August 7, 2024. If the
Department of State does not
do so, the Court will resolve
the Harveys' requests on the
existing submissions. By July
12, 2024, the Harveys are
directed to serve a copy of
this order on both (1) the
Mission, and (2) the U.S.
Attorney's Office for the
Southern District of New York
(for delivery to the State
Department). It is SO ORDERED.
(Signed by Judge Edgardo Ramos
on 7/9/2024)."
On July 31, DOJ
wrote in that "the State
Department considers the
Mission's premises to be
inviolable [and] therefore
respectfully requests that the
Court refrain from issuing the
order requested by
Plaintiffs." Impunity...
On August 2, the
plaintiffs wrote in to
preliminarily contest
inviolability of what they
call the "renovation site."
On August 7,
Inner City Press attended,
thread:
State Dept
says even as construction
site, dormant for 5 years, is
inviolable.
Judge: Have you
spoken with US
Ambassador to the UN
Linda Thomas
GreenfieldPlaintiff: They've
done nothing.
Judge: I am going
to declare Sierra Leone
in default. But the State
Dept says no one can
enter it, like the Russian
Mission back in the day.
Plaintiff: We
will be seeking money damages.
Judge: I'll refer
that for an inquest by the
Magistrate Judge
Construction
company lawyer: We are also
being injured. [NOTE:
Sierra Leone is this month's
President of the UN Security
Council...]
Now
State Dept lawyer: I am
flying out for vacation on
Thursday Adjourned.
On August 8, the
assigned Magistrate Judge
Stewart D. Aaron set a
September 10 inquest: "ORDER
SCHEDULING CONFERENCE: On
August 7, 2024, Judge Ramos
entered an Order finding that
Defendant Permanent Mission of
the Republic of Sierra Leone
to the United Nations (the
"Mission") is in default.
(8/7/24 Order, ECF No. 240, at
2.) Judge Ramos further
referred this matter to the
undersigned for a damages
inquest/damages hearing. (Id.
at 2; see also Order of
Reference, ECF No. 239.) The
undersigned shall hold a
conference to address the
timing and format of the
damages inquest on Tuesday,
September 10, 2024."
Inner City Press
covered the September 10
proceeding, from the thread
Plaintiffs'
lawyer: We expect to resolve
cases against all defendant
except the Mission of Sierra
Leone by September 24 [the day
the UN's "high level" week
begins] and then we'll put in
proof of damages the mission
[/country] owes.
Judge: They are
in default Judge: So,
mail notice to Sierra Leone of
the next steps.
ORDER: Following
a telephone conference today
with the parties to address
the timing and format of the
damages inquest arising from
the default of Defendant
Permanent Mission of the
Republic of Sierra Leone to
the United Nations (the
"Defaulting Defendant"), at
which counsel for Plaintiffs
and Defendants Empire Group
NYC, LLC and David I Montesi
(the "Empire Defendants") were
present, and having been
apprised by Plaintiffs that
they expect that a resolution
will be reached by and between
Plaintiffs and the Empire
Defendants, Defendant Jules
Davis, and Defendant Fairfield
Construction Associates, LLC
(collectively, the
"Non-Defaulting Defendants"),
by September 24, 2024, it is
hereby ORDERED as follows: 1.
No later than September 24,
2024, Plaintiffs shall file a
letter to the ECF docket with
respect to the resolution of
the claims against the
Non-Defaulting Defendants. 2.
No later than October 22,
2024, Plaintiffs shall serve
the Defaulting Defendant and
file Proposed Findings of Fact
and Conclusions of Law
concerning all damages and any
other monetary relief
permitted under the entry of
default judgment. The
submission shall contain a
concluding paragraph that
succinctly summarizes what
damage amount (or other
monetary relief) is being
sought, including the exact
dollar amount. The submissions
shall be served upon the
Defaulting Defendant and proof
of such service shall be filed
to the ECF docket no later
than October 25, 2024. 3.
Plaintiffs' Proposed Findings
of Fact should specifically
tie the proposed damages
figure to their legal
claim(s); should demonstrate
how Plaintiffs arrived at the
proposed damages figure; and
should be supported by one or
more affidavits, which may
attach any documentary
evidence establishing the
proposed damages.
On September 20,
the plaintiffs wrote in that
the US State Department
acknowledges that FSIA gives
the court jurisdiction, only
arguing that injunction would
be "imprudent." But what was
in the alternative, to
impunity?
Inner City
Press will be following this
case, and others of impunity.
The case is
Harvey et al. v. Permanent Mission of the
Republic of Sierra Leone to the UN, et al.,
21-cv-4368 (Ramos)
***
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