“Derivative/Hedging” Deals—Volume II

About the Book

The first volume of this explosive book was released in May 2011, while judicial proceedings were pending. This second volume is being released after the completion of legal proceedings. The author has professionally and lucidly set out facts of these dubious derivative/hedging deals in two public interest actions instituted, seeking anti-suit injunctions and citing renowned authorities to prevent foreign legal proceedings and for these transactions perpetrated collusively by Standard Chartered Bank, Citibank, and Deutsche Bank on their customer, Ceylon Petroleum Corporation, to be adjudicated before Supreme Court of Sri Lanka, as the most appropriate forum. This has been mysteriously and strenuously opposed by the attorney general of Sri Lanka, appearing for state agencies and for himself, on baseless objection of time bar, resulting in the Supreme Court questionably upholding such an objection, with the author pointing out ludicrousness of such an order. As a consequence, the High Court of Justice in the United Kingdom granted judgment in favor of Standard Chartered Bank. Three members of the arbitral tribunal of the London Court of International Arbitration who recognized the true nature as wagering had rejected the Citibank claim, notwithstanding the judgment about the Standard Chartered Bank being before them. Three members of the arbitral tribunal of the International Centre for Settlement of Investment Disputes had a division, with two members awarding the Deutsche Bank claim, with gaming debt as investment, and one member dissenting. This would open the floodgates to prevent the recovery of stolen assets stashed overseas. Ironically, the attorney general of Sri Lanka had relied on persons who had to be investigated and who had been compromised by these banks to give evidence, and all with resultant settlements. This is the golden book for those interested in contemporary financial crimes! What is emphasized is that economic terrorism germinates armed terrorism, resulting in the violation of human rights. “Concerns of humanity transcends interests of nationality,” propounds the author. Poverty alleviation schemes merely replace, at the cost of the poor, their own resources pillaged and plundered by the sociopolitically influential. Politicians vigorously campaign on election platforms, vociferously decry fraud and corruption, and vow stringent action thereon. However, upon assuming office of government, they get bogged down in the very quagmire of fraud and corruption, invariably peddled by powerful multinationals acting in cahoots and collusion with political financiers and lackeys, alarmingly including professionals—as lucidly demonstrated through a series of other publications on the author’s real life experiences thereon that has material relevance to people in other countries who are confronted with similar issues and problems.

About the Author

Nihal Sri Ameresekere, a multi-disciplinary professional, well exposed to private and public sectors, is a public interest activist in Sri Lanka, with wide international exposure. Not a legal professional, yet has appeared in person before the Supreme Court of Sri Lanka, the highest judiciary, successfully advocating public interest litigations, with the expansion into human rights and civil society responsibility. He is a forensic accounting investigative specialist. Has extensively published incisive exposés, and dispassionately spoken out on matters of national and public interest. Ardently upholds the sacred precept, that public property and finance is solely of the people, and managed in fiduciary trust by governments; transgression of which he has committedly combated, fearlessly standing up against powerful politicians, bureaucrats and businessmen; whilst castigating compromising and conniving professionals, who act in breach of the contractual responsibility to society, whilst pontificating otherwise.