This archive report was first published on 12 July 2021.
Gold Scam Rocks Dutch Rally Driver's World ¶
January 2021 was supposed to be a promising start for Dutch rally driver Bernhard ten Brinke, but it turned out to be a nightmare.
As he navigated the hot Saudi Arabian desert in the Dakar Rally, his companies' representatives, Frank Wijnen and Ewout Haanstra, were in Nairobi to seal a deal that would see them buy gold worth Sh2.1 billion from Kenyan businessman George Fundu.
However, just 40 minutes from the Ha'il City finish line, Mr Brinke's 5,000 CC Toyota Hilux hit three ditches and rolled four times at a speed of 162 kilometres per hour, forcing him to bow out of the race.
But that was not the only setback for Mr Brinke. In Nairobi, the gold purchase deal did not materialise, and his companies lost nearly Sh200 million.
According to court papers, Three Gold BV and Bernhard ten Brinke Holding BV signed an agreement with Global Freight Management Limited, a Kenyan firm owned by George Fundu, for the purchase of 500 kgs of gold on December 21, 2020.
However, the deal turned out to be a scam, and Mr Brinke's companies lost Sh171.32 million after wiring the money to a bank account owned and operated by Ochieng' Opiyo & Company Advocates.
Mr Brinke's lawyers, Rene & Hans LLP, have asked the High Court to award compensation for damages caused by the alleged fraud scheme.
Prosecutors believe Elvis Ouma Muga, alias Nick, was the key beneficiary and may be the architect behind the suspected gold scam.
Mr Muga was charged with obtaining Sh171.32 million from the Dutch national and spent the weekend in police cells after failing to raise the Sh5 million cash bail or Sh10 million bond option.
High Court judge Daniel Ogembo allowed an application by the Assets Recovery Agency (ARA) to freeze six bank accounts that received Sh53.9 million, with Ochieng' Opiyo & Company Advocates as the origin point for the funds.
