VVIP chopper case : Court summons Tyagi, former directors of AgustaWestland, Finmeccanica directors

New Delhi: Former AgustaWestland and Finmeccanica directors Giuseppe Orsi and Bruno Spagnolini, ex-IAF chief S P Tyagi and others were on Tuesday summoned as accused by a Delhi court in a money laundering case related to the VVIP chopper scam.

Special judge Arvind Kumar directed the accused persons to appear before the court on September 12, while issuing fresh non-bailable warrants against Italian middlemen Carlo Gerosa and Guido Haschke and Dubai-based businessman Rajeev Saxena in the case.

Besides six, the court also summoned as accused 28 Indian and foreign individuals and companies, including lawyer Gautam Khaitan, AgustaWestland and its parent company Finmeccanica SPA.
 
The court passed the directions after taking cognisance of the charge-sheet, saying there was enough evidence against the accused in the matter relating to the alleged money laundering to the tune of around Euro 28 million.

The probe report, filed through special public prosecutors D P Singh and N K Matta under sections 3 and 4 of Prevention of Money Laundering Act (PMLA), also claimed that the kickbacks were paid by AgustaWestland through two different channels. 

"One channel was handled by middleman Christian Michel James and the other channel was handled by Gerosa and Haschke. Gerosa and Haschke in collusion with Rajiv Tyagi and Sanjeev Tyagi, cousins of S P Tyagi, conspired with Gautam Khaitan of M/s OP Khaitan & Co, Auditors and Solicitors based at New Delhi," the charge-sheet said.

The ED, in its charge sheet, has alleged that money was laundered through multiple foreign companies which were used as fronts to park alleged kickbacks. The agency said that it may file more supplementary charge sheets in the matter. 

On January 1, 2014, India had scrapped the contract with Finmeccanica's British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over alleged breach of contractual obligations and charges of kickbacks of Rs 423 crore paid by it to secure the deal.

Those summoned by the court include Tyagi and his cousins, Khaitan and his wife Ritu, Rajeev Saxena and his wife Shivani, both directors of two Dubai-based accused firms UHY Saxena and Matrix Holdings, O P Khaitan and Co, International Mediterranean Consulting, Tunisia and Infotech Design Systems Gordian Services.

"Khaitan, the mastermind behind laundering the proceeds of crime in the present case, was known to Gerosa, Haschke and Tyagi brothers. He prepared a corporate structure of companies and got incorporated several legal entities across the globe.

"Thereafter, the proceeds of crime were laundered through various companies in Tunisia, Mauritius, India, Singapore, Switzerland, Dubai etc.," the charge sheet said. 

It further claimed that Khaitan also received proceeds of crime in personal bank accounts opened in his name and the accounts of his companies in India and abroad, Windsor Holding Group Ltd, Ismax International Ltd and O P Khaitan & Co.

"Further, his associate Rajiv Saxena, an NRI based in Dubai, is the director and shareholder of M/s Interstellar Technologies Ltd, Mauritius, which is one of the main fronts used for laundering the proceeds of crime in the said case.

"Rajiv Saxena has also transferred proceeds of crime from M/s Interstellar to his Dubai based companies M/s UHY Saxena and M/s Matrix Holdings Ltd," it said. 

The agency added that Rajeev Saxena, already declared a proclaimed offender by the court in the case, in collusion with Gautam Khaitan, was also instrumental in incorporating various companies which were used in laundering the proceeds of crime in Dubai.

"Gerosa and Haschke advanced huge amounts of tainted money to the Tyagi brothers in the guise of sham consultancy agreements in return of favours given to AgustaWestland in the procurement of the contract for VVIP Helicopters.

The Tyagi brothers incorporated various entities for receiving kickbacks, namely Krishneel, Krishnayan, Tyagi Ishan, Krishnom, etc.," it said, adding that S P Tyagi was 50 per cent partner in one of these concerns, namely Krishnom.

The ED had earlier attached properties worth Rs 10 crore and freezed shares worth more than Rs 150 crore belonging to Tyagi Brothers, Gautam Khaitan, Gerosa, Haschke, Christian Michel James and Rajiv Saxena.