The Chief Prosecutor at the International Criminal Court (ICC’S) Fatou Bom Bensouda, has been allegedly linked to writing an agreement letter, between her husband Philip Bensouda, and one Yaya Barrow, a Gambian based in Germany, in which Bensouda’s husband was supposed to be paid millions of dollars from a frozen Dubai funds purportedly belonging to Mr. Barrow, if Philip Bensouda, had successfully assisted Barrow to recover the seized funds. In the said communications published below, Bensounda’s husband has identified an Indian man in Kenya, who is running a business firm to represent him during the funds transfer. Mr. Bensouda also provided his Gambian Diplomatic Passport No. D0001999, including his residential address in the Netherlands to fulfill the terms and reference of the contractual agreement he allegedly reached with Yaya Barrow. He also signed the contractual agreement document. Bensouda’s partner in Kenya, signed the document as well. 

YAYA 1

YAYA 2

YAYA 3

Mr. Yaya Barrow tells Freedom Radio, Gambia in an exclusive interview on Sunday, during our Prime Time Leral show that he refused to sign the 20 percent shares that Philip Bensouda wanted him to append his signature saying that Bensouda’s request was unreasonable. He alleged that Philip made the 20 percent shares request, following a trip he (Philip) allegedly made to the Dubai Bank with his wife, including one Karim, a Senegalese national based in Zurich, to make negotiations for his funds to be released.  Once the bank confirms to them that Mr. Barrow indeed had inheritance funds totaling over 5o million dollars, Barrow said Philip Bensouda, allegedly tried to lure him to sign another contractual agreement through his wife the ICC Prosecutor.

“After reading the draft of the agreement document drafted by Fatou Bom Bensouda, I refused to sign it. I felt that I was being exploited. This is what led to the bad blood that develops between me and the Bensoudas,” Barrow, a former Gambian police officer alleged.

According to Yaya Barrow, he signed one of the contractual documents, requiring him to pay Bensounda’s husband Philip Bensouda $16 Million dollars, in the event he recovered his inheritance funds from a Dubai Emirate Group Bank. A copy of the said agreement is here by published below.  

YAYA 5

 

Ms. Fatou Bom Bensouda has categorically rejected any wrongdoing. She said she was approached by her husband Philip Bensouda to help Mr. Barrow to recover his inheritance funds in Dubai. She said she never contacted the Bank personally to release Barrow’s purported funds. All she did was to introduce Barrow to some influential Dubai businessmen and attorneys to begin the recovery process of his seized funds he purportedly inherited from one John Adams.

Mr. Barrow maintains that the agreement documents we published today were prepared by the ICC Chief Prosecutor. Ms. Bensouda could not be reached for comment about the veracity of Barrow’s claims. The published documents have been traced (linked) to Ms. Bensouda’s  private Yahoo Email account. 

Below is the word document version of the agreement:

This Agreement is entered into this ……….Day of February 2012 Between Mr Yaya Barrow of  (address) ( herein after called Party A) of the one part and Mr. Philip Bensouda of 5 Smalle Weer, Leidschendam, The Netherlands of ( herein after called Party B) of the second part and (The company ) herein after called “the Entity” of the third part.

WHEREAS

Party A in the year 2010, was notified by the  NBD Bank in Dubai of funds deposited at the bank by   Mr. ……….. ( Party A’s adoptive father (now deceased) of which he had prior to his death bequeathed to Party A as the sole beneficiary.

The funds were in the total sum of ………….USD which now includes interest from ……….to date.

Despite the acceptance by the NBD Bank that the funds were deposited with them, Party A has still not been able to have access to the funds

Party A has written several letters through his lawyers but to no avail.

Party A has now requested Party B to use his best endeavors through negotiations directly with the bank to assist him to claim the funds. 

Party B has requested The Entity whose registered office is in Dubai to negotiate with the Bank to claim the funds on his behalf. Once the Entity successfully secures the funds, it shall be paid directly into the accounts of Party A or as he shall direct.

Party A undertakes to pay to The Entity the sum of ……………..USD once the funds are released by the Bank and the full amount of ………. has been paid by the bank to the account of Party A

Party A also undertakes to pay to Party B once the funds have been secured by The Entity and paid into the account of Party A

AS WITNESS the hands and signs by the Parties This…..Day of ……….2014

Party A…………………………………

Party B………………………………….

The Entity………………………………

Below are couple of unedited emails purportedly issued by Fatou Bom Bensouda, Philip Bensouda and their partners: 

Von: “Fatou Bensouda” <fatoubensouda@yahoo.com>
Datum: 19.02.2014 9:21 nachm.
Betreff: Agreement
An: “Andrea Barrow” <andreabarrow301066@gmail.com>
Cc: “Philip Bensouda” <mrben48@yahoo.co.uk>

Dear Andrea,

As promised this morning, here is a draft of the agreement which will be finalized using all correct addresses and names. I am also sending it to Philip so that he can pass it on the Dr. Khalid if he is ok with it or has any objections. Please take a look at it together with Yaya as well and let be know if you want it changed in any way or you agree with it. Once I have all the comments, I will finalize it for signatures and Dr. Khalid will continue his work.
Please note that I left the name of the company blank because Dr. Khalid will like to use a company name.

Regards

Fatou.

Von: “Fatou Bensouda” <fatoubensouda@yahoo.com>
Datum: 16.02.2014 2:01 vorm.
Betreff: RE: Treat it ugent
An: “andreabarrow301066@gmail.com” <andreabarrow301066@gmail.com>, “Papa Den Hague” <mrben48@yahoo.co.uk>
Cc: 

over a couple of days to finish. When we staWrted we realise this can take some time. I have made several calls n emails over this matter at mine and Philip’s expense. None of is have said give us one cent before we do it anything but we do it anyway. 
I am always very busy in court doing these serious crimes. I also travel a lot for my work, right now I am not even in Holland. Inspite of all that, today I am sitting in the plain drafting the Agreement that Dr. Khalid says so that I could send it for Yaya to take a look. What do I see, an email giving us deadline. This is fine for Yaya to tell us to stop now. It has not been easy to work under such pressure. If you give us a chance we will work it but given that you are in such a rush please go ahead with your other efforts. I wish you all the best. Also remember that this has never been anything to do with my work as chief prosecutor. I also don’t own the bank or order them to do anything. It is not part of my authority as chief prosecutor. I was just trying to hep a fellow Gambian in good faith. None of us own the bank so even with papers we have to negotiate. Since you have no time to go through the process which requires time you can go ahead with your other plans. I wish you both all the best. 

Regards

Fatou. 

 
From: Fatou Bensouda <fatoubensouda@yahoo.com>;
To: andreabarrow301066@gmail.com <andreabarrow301066@gmail.com>;
Subject: RE: Treat it ugent
Sent: Sun, Feb 16, 2014 12:28:26 AM
 
Dear Andrea,
I hope you are well. I have sent an email to Yaya before explaining that as Chief Prosecutor, I prosecute war crimes, crimes against humanity and genocide. Is your case any of these crimes? As chief prosecutor I DO NOT DEAL WIYH COMMERCIAL MATTERS. Therefore my involvement has always been to use contacts and if need be a lawyer who can be directly involved. Before taking a lawyer we tried with the contacts. Both you and Yaya think that this will take ov
Dear Andrea,

I hope you are well. I have sent an email to Yaya before explaining that as Chief Prosecutor, I prosecute war crimes, crimes against humanity and genocide. Is your case any of these crimes? As chief prosecutor I DO NOT DEAL WIYH COMMERCIAL MATTERS. Therefore my involvement has always been to use contacts and if need be a lawyer who can be directly involved. Before taking a lawyer we tried with the contacts. Both you and Yaya think that this will take ov

Sent from Yahoo Mail for iPhone


From: Andrea Barrow <andreabarrow301066@gmail.com>;
To: <fatoubensouda@yahoo.com>;
Subject: Treat it ugent
Sent: Sat, Feb 15, 2014 3:46:32 PM


Dear fatou, How are you. I am Sending you as a recall in all What you said about this issue since the beginning
You said its clear and simple.  You will give my husband an agent or a lawer which all failed
As an ICC chief proscutor you are there for justice and What is happening under your own eye is injustice and you Entertain it?
My husband will Not Tell you but I will inform you the Level that we now taking will carry your Name.
We are fighting for our fortune to a Level that might cause a scandal anyway  think about it how can we find justice now without your Name?
Thanks.
Andrea Barrow.

Von: “Yahya Barow” <yah.barow@gmail.com>
Datum: 12.07.2014 09:39
Betreff: Fwd: Re: Ex 2
An: <amlscu@cbuae.gov.ae>, “BinherzL/Rep NBD. UAE” <binherz@emiratesnbd.com>
Cc: “Rashid. C/P Of Dubai” <rashid@emiratesnbd.com>, “Crown Prince Dubai” <csdubai@moh.gov.ae>

Prince; Good morning sir.I am writting you personally to FINISH MY ISSUE. 
Sir, WE spoke and you gave number and  an Email to the Central bank for Assistance.Why did I came to you, was Simply because Of Corruption and Injustice. 
I dont Want to elaborate more because you are On The Full Picture.
I am Not here to disturb the banks Business but Whats going On Should be Stoped Immediately.I think Enough has been Said now.
I lookfoward for an Audience of EXACT DATE OF TRANFER.
I want to take my family On holidays.
I hope if I call , I will be given a dateline of the 5million request. 
As I said I dont want to Cause Trouble but Enough is it NOW.
I conclude with respect.
Sincerely yours
Mr.Barrow.

———- Weitergeleitete Nachricht ———-
Von: “Fatou Bensouda” <fatoubensouda@yahoo.com>
Datum: 19.01.2014 01:24
Betreff: Re:
An: “Yaya Barrow” <ybaarro@gmail.com>
Cc: “Touray c” <touray1972@yahoo.com>, “Philip Bensouda” <mrben48@yahoo.co.uk>

Dear Yaya,

Thank you for your mail. I requested for two weeks because I had it all planned out and did not think that anything could happen under two weeks. In any event, just to inform you that I have had a detailed conversation with Karim as promised. He has assured me that he will go ahead to do it. He actually assured me he will try to secure the funds as needed to move forward. I am in close contact with him and will update you if I have any news. 

Best Regards

Fatou. 

Mr.Saeed Bashir Al Barq, I have done all what you requested for my POA.
I am waitting to see my transfers or access effected.
I dont want to believe that, Arabs has a different opinion when it comes to * Blacks * Or the bank wants to play a dirty games when it comes to * Blacks *.
Please arrange my transfers today.
Regards Mr.Barrow.
om: Philip Bensouda <mrben48@yahoo.co.uk>
To: Karim <kbodian@laycon.ch>
Sent: Tuesday, 17 December 2013, 12:53
Subject: Re:

Dear Karim.

Thank you for all yr brotherly efforts.  It seems very straight forward and unless the Bank wants ‘to play dirty games’ with him, I do not see the ‘hold up’ to date. Please use yr contact to close this chapter.  Many thanks. As ‘Blacks’ especially with Arabs, they have their own thoughts about us but I am confident of yr efforts and contacts to release these Funds to the Brother.

When do you need the Mandate from Fatou or is it not necessary anymore? I should be in Dubai on 21st for 2-3 nights and will confirm by latest 2moro morning. Grateful!

God Bless.

Philip

From: Karim <kbodian@laycon.ch>
To: Yaya Barrow <ybaarro@gmail.com>
Cc: Philip Bensouda <mrben48@yahoo.co.uk>
Sent: Tuesday, 17 December 2013, 11:41
Subject: Re:

Good day brother Yaya,
Thank you for your email and God bless you and your family.
My investigations on your file with Emirates NBD have given the present result:

1) The Bank said there were some unclear and dubitious transfers of funds which happened into this account and they are still investigating before making the transfer.
I told them this is not a relevant argument because when you receive a transfer which you think is dubious, you just return it where it comes from.

So this argument cannot be used as a reson for not transfering the funds to Y. Barrow,

2) Your account is maybe closed or highly protected because my contact in Dubai requested one of the Vice President of the bank to check the account. He could not as it seems, the bank has closed or has blocked the acces. We are still on with the IT dept Specialist to get acces,

3) The UAE Central Bank in Abu Dabi is contacted and they will instruct the Emirates NBD bank to execute the wire transfer.

Please note that Emirates NBD bank is owned by the Emir of Dubai and that is where we are operating with discretion and once the Central bank of UAE instructs the NBD to pay you, there will be no way for the bank to refuse or to delay again. The Ministry of Finance of Dubai/UAE has nothing to do with this.

I’m daily on it via my contact who is a Prince in UAE, who is doing all he can to assist me solving this unbelievable issue.

So my brother Yaya, i have to be realistic with you: to have the funds transfered before Christmas will not be easy. I cannot confirm to you yet. We are all pushing and Allah willing you will have your funds. Wishing you a pleasant day!

Kind regards
Karim Bodian
Laycon Finance & Services (Swiss)
Project Finance, Development & Implementation
Swiss: +41 762 08 02 78
Email: kbodian@laycon.ch
Please

Von: “Philip Bensouda” <mrben48@yahoo.co.uk>
Datum: 16.03.2014 23:56
Betreff: Fw: Dubai-YYB
An: “Yaya Barrow” <ybaarro@gmail.com>
Cc: 

CONFIDENTIAL 

Dear Brother Y,

This email was sent by Dr Khalid on 10th March. 2014 to clarify his involvement in this matter.

I am sending you by scan the two Agreements between you and IBEX – the Partners Dr Khalid is using and between you and myself which includes Dr Khalid himself. Both Agreements have been drafted by Sister and adjusted by the Legal Advisers of Dr Khalid. Sister this end has reviewed and approved of the Final Drafts. You can safely sign the two agreements and have them notorized separetely.  I have already signed the one between you and myself. 

Once they are Notarized, you can scan them to me by email for my necessary action to transact with Dr Khalid accordingly. You can count on us.

Brotherly and God Bless.

Philip Bensouda
The Netherlands.

QUOTE
From:
 
To: Philip Bensouda <mrben48@yahoo.co.uk
Sent: Monday, 10 March 2014, 8:16
Subject: Re: Dubai-YYB

Dear Brother,

Please use the copy I sent. Just fill in your details in the second one for our fees and amount. 

He should notarize both with just his signature.  His signature is important, yours and the company IBEX. 

Do not have a specific timeline but will of course, push as hard as possible, as will persons in UAE as the fees are clear and secured by this agreement. 

I do not want you to come under any pressure from Mr Barrow. I understand his anxiety but tell him we are dealing with this in the right way, he can see this himself from the agreement and work we have done and no one wants to delay the release of his money. With this agreement,  Mr Barrow, the local guys in Dubai, and us,  have the same objective to have the money released fastest. 

However, we have to move professionally and powerfully.

Family Love,

Khalid

Von: “Philip Bensouda” <mrben48@yahoo.co.uk>
Datum: 07.01.2014 20:02
Betreff: Dubai Transaction.
An: “Lamin Touray” <touray1972@yahoo.com>
Cc: “Yaya Barrow” <ybaarro@gmail.com>, “Karim” <kbodian@laycon.ch>

Dear LAmin,

Greetings.  I want us to be very clear on this Issue.  You said that $6.4m will be provided for 4 to share.  Pls confirm with thanks. Yaya has to also confirm with Karim that his arrangement is clearly understood by both of them.

My brother in Dubai feels he can confirm with his Contact in Dubai to accept $5m but I have asked him for details.  I await his reactions.  This mean we now have two possibilities. God’s time is the Best. We just need to be calm and focused.

BEN

Von: “Philip Bensouda” <mrben48@yahoo.co.uk>
Datum: 31.12.2013 20:07
Betreff: Re: Yaya Case
An: “Lamin Touray” <touray1972@yahoo.com>
Cc: “Yaya Barrow” <ybaarro@gmail.com>

CONFIDENTIAL 

Dear Lamin,

Happy New Year to you and Family and may the Best be our way in 2014. Same goes for Yaya and FAmily. I have just arrived from Dubai and after Karim’s last email, I am now taking FULL CONTROL of the Issue of Yaya  MYSELF.  I guess you saw my reaction to Karim. I want us to initially meet and then meet Yaya as soon as possible. His Money can be arranged very quickly but Yaya must be OPEN to us and ready to transact since the matter has now gone very high with Top Authorities! Pls call me.

Brotherly, God Bless.

Ben

From: Lamin Touray <touray1972@yahoo.com>
To: Philip Bensouda <mrben48@yahoo.co.uk>; Kareem Bodian <kbodian@laycon.ch>
Sent: Monday, 30 December 2013, 14:20
Subject: Re: Yaya Case

Dear Philip,
This is fantastic news about Yaya’s case. I remember when i call you for the first time about this case, your reply was lamin don’t worry you can count on me we are going to help our brother to get this money. Philip i would say you totally prove it to me and you have keep your words. I really appriciate the person you are thank you once again for all your effort concerning about this case i hoop that very soon everything will be finished about this case and we can meet  shake hand and enjoy from each other forever.
Greetings to Fatou.
 
Lamin.
 

From: Philip Bensouda <mrben48@yahoo.co.uk>
To: Kareem Bodian <kbodian@laycon.ch>
Cc:touray1972@yahoo.com” <touray1972@yahoo.com>
Sent: Monday, December 30, 2013 7:38 AM
Subject: Re: Yaya Case


Dear Brother
Thk u for yr email but this cannot be an option for Yaya. We need to look at other avenues. As I informed, I have two other options but was relying on yrs. it is not easy for Yaya to raise such funds in his present situation. We must look at other options both from my end and yrs. we need to assist. Will spk to you upon my arrival in Holland. I will also call Lamin and Yaya.
It is a pity that we could not meet with Doctor at 11:00 but all the same, we need to spk on Tanzania. Bon Voyage and God Bless. Grand Ben
Pls transmit to Yaya and let us spk.

Sent from my iPhone 4S

On 30 dec. 2013, at 07:58, Kareem Bodian <kbodian@laycon.ch> wrote:

 Dear Philip,
 I spoke yesterday with Yaya who also spoke with my friend Abdula, HH assistant. After investigation, he confirmed to solve his case within 14 working days with the bank and another 14 working days (in total = 30 days) with Dubai General Attorney if:

 Option1): Yaya comes self to Dubai and pays upfront only US$300,000- (US$ 150K in advance and US$ 150K after release of funds) to his internal contact. Mr Abdulla said, his bank contact a VP, wants his fee to be paid upfront to get the account released. He does not want to get paid after release of funds.

 This will avoid Power of Attorney(PoA) process through a local lawyer (please google on internet Dubai PoA process) to have the funds released,

 Option 2): Yaya does not need to come to Dubai, he can engage a local lawyer to follow Dubai PoA process to get the funds released but:
 a) the local lawyer’s fee will be at least 6% of the total amount for only lawyer’s costs. The lawyer will certainly require at least 10% of his total fees as upfront fee before starting the job.

 b) US$ 200,000.- for legal process fees and others,

 c) tho process will surely take at least 5 months and lawyer’s fees can increase at any time in connection with legal process delays.

 For any option Yaya might choose, he wants 10% of the total amount as his success fee remuneration( this is negotiable I do believe).
 So this is the present proposal to look at on.
 I dis of course proposed to Me Abdulla a success fee payment only. He said he accepts for his own fees but the bank VP will not accept to assist him if there is nothing in advance on the table.

 Knowing in advance nor Yaya nor you or myself do not have or want to risk an upfront processing fee of US$ 300K, I’m discussing with a 3rd person who maybe will accept to prefinance the transaction.

 This is under the condition of an attractive remuneration on a success basis for having took a risk if 300K.
 It’ll be expensive but this is the only option appearing on the table.
 Being on my way back to Europe.
 Please advise!
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