In 2013, ICBC (London) plc ("ICBC"), a British subsidiary of a Chinese bank, Industrial and Commercial Bank of China, headquartered in Beijing, China, agreed to US$1.35 billion oil and gas financing with The Blacksands Pacific Group ("Blacksands Pacific"), a Delaware-based oil and gas development company founded by Mr. Brennerman. US$600 million from the agreed finance was to be used for the acquisition of 100% interest in ERG Resources, LLC and its asset - the Cat Canyon oilfields in California, United States while the remainder US$750 million from the agreed finance was to be used for the acquisition of 30% interest in the ConocoPhillips Nigeria assets and operation.
When ICBC reneged on the agreement after Blacksands Pacific had spent in-excess of US$11 million to satisfy the financing conditions stipulated by ICBC, Blacksands Pacific approached CICC to provide it with the required financing. QInvest of Qatar negotiated a US$20 million bridge loan finance with Blacksands Pacific, to cover the in-excess of US$11 million costs incurred by the company for the previous financing conditions. Subsequently, CICC and a Hong Kong subsidiary of Morgan Stanley & Co offered Blacksands Pacific in-excess of US$1 billion in finance. A Hong Kong subsidiary of Morgan Stanley offered US$500 million in senior finance while CICC agreed to procure a $540 million second lien high-yield finance for the company.
ICBC, wishing to maintain the relationship, later persuaded Blacksands Pacific by agreeing to provide the company with a 90 days US$20 million bridge loan finance with the agreement to roll it into a 5-yrs. US$70 million revolver credit facility (RCF) to rank first lien parri-passu with the US$500 million finance offered by the Hong Kong subsidiary of Morgan Stanley. The bridge finance was offered at libor + 9.95% given its unsecured nature and to roll into a secured RCF at a reduced rate of libor + 4.95%.
Blacksands Pacific held US$5 million from the US$20 million bridge loan finance and the remainder US$15 million was deposited into an account held by Blacksands Pacific at ICBC, the bank originating the loan. The US$5 million was withdrawn to cover part of the in-excess of US$11 million expense already incurred by the company in satisfying the finance conditions previously stipulated by ICBC. From the US$5 million withdrawn, ICBC deducted US$500,000 fee for the bridge finance plus US$100,000 to cover their legal expense, totaling US$600,000, providing a net balance of US$4.4 million to Blacksands Pacific. Over the next year Blacksands Pacific paid approx. US$500,000 in interest payment to ICBC even after the bank reneged on rolling the bridge finance into the RCF.
Without any prior notice, ICBC reneged once again on rolling the bridge finance into the RCF and instead demanded that Blacksands Pacific repay the full amount of US$5 million. Blacksands Pacific repaid US$15 million of the bridge finance and refused ICBC's demand for the remaining US$5 million, arguing that ICBC had caused it to incur expenses, when ICBC had no intention of complying with the agreement. ICBC sued Blacksands Pacific in New York Supreme Court, based on the New York law contract. Blacksands Pacific attorneys subsequently moved the case to U.S. District Court for the Southern District of New York and the case was assigned to Judge Lewis A. Kaplan.
Although the civil case had been ongoing since 2014, in 2016 Judge Kaplan ignored the federal rule against conducting extrajudicial research into Brennerman by Googling him. Judge Kaplan also ignored the law which states that a party not involved with the civil case cannot be held in contempt and he illegally pierced through the corporate veil of Blacksands Pacific to hold Mr. Brennerman, the then Chairman and CEO, in contempt even though Mr. Brennerman was not involved in the civil case between ICBC and Blacksands Pacific. Judge Kaplan never directed him personally to do anything, there was no motion to compel or subpoena issued for Mr. Brennerman to do anything.
Following the erroneously adjudged civil contempt against Mr. Brennerman, on April 19, 2017, at the insistence and behest of Judge Kaplan, the prosecutors from the United States Attorney's Office for the Southern District of New York flew from New York to Las Vegas to arrest Mr. Brennerman for criminal contempt of court, based on the arrest warrant which was prepared, signed and enforced at the insistence of Judge Kaplan, even though there was no pending charge(s) against Mr. Brennerman. Judge Kaplan assigned the criminal case to himself. Mr. Brennerman was granted bail by Chief Judge Colleen McMahon of the Southern District of New York. Thereafter, on May 31, 2017, the same prosecutors indicted Mr. Brennerman without any prior investigation on fraud charges based on the same civil case between ICBC and Blacksands Pacific, which had been ongoing for a few years. The case was assigned to Judge Richard J. Sullivan. The prosecutors indicted Mr. Brennerman without ever obtaining or reviewing the pertinent transaction files from ICBC. The next day, on June 1, 2017, the federal prosecutors disseminated an online article under the headline "Chairman and CEO of Purported Oil and Gas Company charged in Manhattan Federal Court with $300 million International Fraud Scheme."
Prior to trial, Mr. Brennerman, through his attorneys at Thompson Hine LLP, repeatedly requested for the pertinent ICBC transaction files to show that he is innocent of the charges. However, both Judge Kaplan and Judge Sullivan separately denied his request and refused to provide him the evidence. During trial, when the prosecution witness, Mr. Julian Madgett, from ICBC testified that the evidence exists with the bank and their New York based counsel, Linklaters LLP. Further that, the evidence documents the basis for the bank approving the transaction and thus will clearly show whether Mr. Brennerman made any misrepresentation to commit fraud or not. The evidence was important since the prosecutors never requested, obtained or reviewed it prior to indicting Mr. Brennerman for fraud. However, when Mr. Brennerman again made request to Judge Sullivan for the evidence to use for his defense and to confront the witness against him, Judge Sullivan denied his request while stating on the record that Mr. Julian Madgett had testified that the evidence (ICBC underwriting files) are with the bank's file in London, United Kingdom. This was despite the fact that Mr. Madgett had testified that the bank provided all transaction documents to their New York based counsel, Linklaters LLP and that their counsel had communicated with the U.S. Attorney office, while omitting the most important documents - the transaction underwriting file, which would have conclusively demonstrated whether any fraud occurred.
According to court filings, to distract from the fact that there was/is no evidence to support the fraud allegations and in an endeavor to promote a false narrative, both Judge Sullivan and the federal prosecutors pivoted to disseminate falsehoods and promote xenophobia and stereotypes. Even though the federal prosecutors were in possession of Mr. Brennerman's birth certificate, passports and Government issued identification documents from United Kingdom, United States and Switzerland, they disseminated that Mr. Brennerman would abscond to Nigeria, a country where he (Mr. Brennerman) is neither a citizen nor a resident. This was disseminated to promote false xenophobia and stereotypes about Nigeria given their fraud allegations. During trial, the federal prosecutors intentionally withheld Mr. Brennerman's birth certificate from the jury. The evidence would have clearly refuted the false stereotype and proven Mr. Brennerman's name and nationality.
The falsehood, xenophobia and stereotype were repeated by the media as they syndicated the falsehood disseminated by the prosecution. The Sunday Times of London also disseminated an online article with the headline stating "Fraudster, Raheem Brennerman faces 90 years in jail."
In May 2018, following investigation into the criminal cases, Forbes released a publication headlined "Businessman convicted in two criminal cases has new legal representation: himself" where Forbes highlighted the issues with the two criminal cases, first, that Mr. Brennerman was prosecuted and convicted for criminal contempt of court for court orders that were never directed at him but at Blacksands Pacific, the company. That, Judge Kaplan insisted on the prosecutors arresting Mr. Brennerman, even while the prosecutors pleaded with the judge against such arrest. The Forbes article highlighted that the bank fraud focused on the wealth management account which Mr. Brennerman opened in January 2013 in Beverly Hills, California at Morgan Stanley Smith Barney, LLC - which is not a bank and not FDIC insured. That the bank fraud charge and conviction was not about $300 million of financing but that Mr. Brennerman received $6,500 in banking perks. The article further highlighted that the fraud case focused on the US$5 million bridge finance provided to Blacksands Pacific by ICBC following negotiations for a $600 million - $750 million credit line. It highlighted that the US$5 million bridge finance was to reimburse Blacksands Pacific, given that the company had extended more than twice that amount in satisfying the finance conditions of ICBC and that Mr. Brennerman was as of May 2018, after the trial, attempting to obtain the complete records including the lending and underwriting files from ICBC which were never presented at trial and which would have demonstrated his innocence.
Later, Forbes released a further publication headlined "Businessman Raheem Brennerman denied evidence to prove innocence, vows to fight on" where Forbes highlighted that the sentence imposed by Judge Sullivan was harsh considering that Mr. Brennerman's bank fraud conviction was for allegedly receiving banking perks including free checking account, sky miles etc. worth $6,500. That there was no evidence of US$300 million international fraud throughout his trial. Also that Mr. Brennerman had been denied evidence at trial including the ICBC (London) transaction underwriting file, which he required to defend himself and to confront witness against him in respect of the US$20 million bridge loan transaction. The publication also highlighted that Mr. Brennerman was sentenced on civil contempt charges involving the transaction between ICBC and Blacksands Pacific, a case in which Mr. Brennerman was not even personally involved.
In June 2020, the United States Court of Appeals for the Second Circuit made matters worse when they decided to protect Judge Richard J. Sullivan as to the bank fraud error rather than focus on the record and law. They also falsely stated that evidence did not exist, stating on record" the only indication that the evidence is extant comes from Brennerman's bare assertion" when clearly the evidence existed within their own records. Mr. Brennerman wrote to the Chief Judge of the United States Court of Appeals for the Second Circuit, Hon. Debra Ann Livingston, to highlight the errors of the Second Circuit Appeals Court panel, however they refused to correct their errors causing Mr. Brennerman to remain unjustly imprisoned.
In February 2021, further demonstrable evidence was presented to the Court highlighting that Judge Richard J. Sullivan fabricated and distorted evidence to convict and sentence Mr. Brennerman for bank fraud, while also intentionally depriving Mr. Brennerman access to evidence which would demonstrate his innocence of the other fraud charges. The court filings highlight that the entire prosecution was commenced at the initiation of Judge Lewis A. Kaplan, who then enlisted the support of Judge Richard J. Sullivan and the federal prosecutors. When they lacked evidence, Judge Sullivan fabricated and distorted it. Judge Kaplan ignored the law to convict Mr. Brennerman and the federal prosecutors were pressured by the judges to falsely prosecute Mr. Brennerman. They intentionally disseminated falsehood about Mr. Brennerman's name, nationality and educational background in an endeavor to cause maximum reputational damage and distract from the injustice with the wrongful prosecution and false imprisonment.
On August 10, 2021, Mr. Brennerman also made submission to the Chief Judge of U.S. District Court for the Southern District of New York in respect of the criminal cases, 17 CR. 155 (LAK) and 17 CR. 337 (RJS) highlighting the judicial misconduct and bias and prosecutorial misconduct, seeking dismissal of the judgment of conviction and sentence or in the alternative that new judges be assigned to consider the issues.
On August 27, 2021, the new Chief Judge of U.S. District Court for the Southern District of New York, Laura Taylor Swain, wrote that her court had no jurisdiction over the cases and directed Mr. Brennerman back to the courts of Judges Kaplan and Sullivan.
On April 14, 2022, Mr. Brennerman wrote another letter to Chief Judge Swain to highlight the conspiracy in respect of his two criminal cases to deprive him of the requested documents/evidence so as to wrongly and falsely convict him. Mr. Brennerman wrote that Judge Richard J. Sullivan intentionally misrepresented (fabricated) evidence by surreptitiously supplanting, Morgan Stanley Smith Barney, LLC, a non-FDIC-insured institution with Morgan Stanley Private Bank, a FDIC insured institution, so as to falsely satisfy the law to falsely convict and imprison him (Mr. Brennerman). Judge Kaplan in an endeavor to cover-up the conspiracy, following Mr. Brennerman's request for ICBC evidence and extension to file reply motion, abruptly denied all pending motions and ordered closure of the entire collateral attack petition without any evidentiary hearing on the critical issue of the conspiracy and ICBC file or allowing Mr. Brennerman the opportunity to file a reply motion (to rebut the Government's response). Judge Kaplan's denial was to cover-up the conspiracy to deprive Mr. Brennerman of the ICBC evidence and testimony from Mr. Hessler to explain why he (Mr. Hessler) withheld evidence. Mr. Brennerman wrote that he hoped that a supervisory authority would intervene to protect United States' democracy that afford every person within its territory the right to liberty and from unwarranted infringement on such right through misconduct.
On May 5, 2022, Mr. Brennerman wrote again to Chief Judge Swain, formally notifying her that crimes had been committed against him by U.S. District Judges Kaplan and Sullivan, Department of Justice federal prosecutors and the international law firm, Linklaters through Attorney Paul Hessler, to intentionally withhold production of exculpatory ICBC documents/evidence, including the ICBC underwriting file, which exonerated him (Mr. Brennerman) and which he (Mr. Brennerman) required to prove his innocence at trial. The letter stated that should the Court, Judges Kaplan and Judge Sullivan disagree with him, the Courts are entitled to refer him for further prosecution, but that they could not and would not do so, because that action would entitle him (Mr. Brennerman) to discovery, that he would be able to request and obtain the missing ICBC documents and evidence, and he (Mr. Brennerman) would be able to expose the conspiracy through deposition of Paul Hessler and other partners at Linklaters.
On May 17, 2022, Chief Judge Swain wrote in response that her Court did not exert any authority over the cases and to file a misconduct complaint to the Clerk of the U.S. Court of Appeals for the Second Circuit.
On May 18, 2022, Mr. Brennerman wrote to Judge Sullivan to formally notify, apprise and inform Judge Sullivan's Court that crimes and civil rights violations had been committed against him through the U.S. District Court for the Southern District of New York. Mr. Brennerman presented the same content as in his earlier May 5, 2022 letter to Chief Judge Swain.
On May 22, 2022, Mr. Brennerman wrote to Judge Kaplan responding to Judge Kaplan's denial of his Collateral Attack Petition but also notifying the Court of crimes/misconduct perpetuated against him by federal prosecutors and judges through the U.S. District Court for the Southern District of New York. The letter stated that Judge Kaplan had endeavored to obfuscate and cover-up the crime of conspiracy with the government prosecutors, acting on behalf of Judge Kaplan, conspiring with Linklaters LLP (attorney for alleged victim) through Attorney Paul Hessler, to intentionally withhold production of pertinent and exculpatory evidence, ICBC files, which demonstrates Mr. Brennerman's innocence.
On July 7, 2022, Mr. Brennerman sent a letter to Judge Kaplan to request expedited relief from crimes and misconduct against him. Mr. Brennerman wrote that he was deprived of the above to even exercise his Constitutional rights to present his complete defense to the jury at trial, hence why Government prosecutors, acting on behalf of the Court, conspired with Linklaters LLP to intentionally hide away the evidence which Mr. Brennerman required in demonstrating his innocence of the charged crime.
On July 18, 2022, Judge Kaplan issued a "Memorandum Endorsement" to deny Mr. Brennerman's request for relief on the basis that the Collateral Attack Petition had been closed, that: "the Court is not obliged to respond to defendant's commentaries on its ruling and declines to do so" and that any appeal would not be taken in good faith.
Mr. Brennerman's letter to Judge Kaplan on July 21, 2022, stated that federal Courts have a solemn obligation to protect the Constitutional rights of a criminal defendant, however that Government prosecutors, acting on behalf of the Court, conspired to intentionally deprive him (Mr. Brennerman), a criminal defendant, of his Constitutional rights to liberty by conspiring with Linklaters LLP, through Attorney Paul Hessler to intentionally hide away pertinent and exculpatory evidence, missing ICBC files, which Linklaters LLP New York office confirmed remains in their possession. The letter goes on to state that this situation is an egregious situation where a federal court (Judge Lewis A. Kaplan) intentionally encourages crimes and misconduct against him (Mr. Brennerman), a criminal defendant, on its behalf.
On July 19, 2022, Judge Sullivan issued an order that he would not be docketing Mr. Brennerman's May 18,2022 letter, that he (Mr. Brennerman) had made "inflammatory" comments. On July 21, 2022, Mr. Brennerman responded to Judge Sullivan and Ruby Krajick (Clerk of Court) that he was perplexed by the Court's order because the Clerk of Court is obliged by law and the federal rule to file his letter prior to the Court rendering its judgment or comments. Mr. Brennerman wrote that impartial judges are tasked to rule based on requested relief which are filed on the record and publicly docketed rather than decide which controversy in a criminal proceeding will be publicly docketed and which will not.
Mr. Brennerman continues the fight to clear his name, given the miscarriage of justice concerns with his criminal cases and convictions, which violates his Constitutional and human rights.