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Senator COLEMAN

This hearing of the Permanent Subcommittee on Investigations is called to order. Good morning. Today, the Per- manent Subcommittee on Investigations...

Senator LEVIN

Mr. Chairman, thank you. As you pointed out, the Subcommittee has now had three hearings examining issues re- lated to the Oil-For-Food Program and...

Senator COLEMAN

Thank you, Senator Levin. Senator Bennett.

OPENING STATEMENT OF SENATOR BENNETT

Senator BENNETT

Thank you very much, Mr. Chairman. I have been unable to attend as many of these hearings as I would like and I will have to slip out of this one to...

Senator COLEMAN

Thank you, Senator Bennett. Senator Dayton.

OPENING STATEMENT OF SENATOR DAYTON

Senator DAYTON

Thank you, Mr. Chairman. I want to commend you and the Ranking Member for your diligence and persistence in this endeavor.

I was State Auditor...

Senator COLEMAN

Thank you, Senator Dayton.

I would like to call the first panel. I would like to call Mark Greenblatt and Steven Groves, Counsels for the Majority...

Mr. GREENBLATT

I do. Mr. GROVES. I do. Mr. BERKOVITZ. I do. Senator COLEMAN. Thank you, gentlemen. As you are well aware,

your written testimony will be presented...

Senator COLEMAN

Thank you, Mr. Greenblatt. Mr. Groves.

TESTIMONY OF STEVEN A. GROVES,1 COUNSEL, PERMANENT SUBCOMMITTEE ON INVESTIGATIONS, COMMITTEE ON HOMELAND...

Mr. GROVES

Good morning, Chairman Coleman, Senator Levin, and Members of the Subcommittee. Thank you for the opportunity to testify today regarding the Subcommittee’s...

Senator COLEMAN

Thank you, Mr. Groves.

Mr. Greenblatt, are you going to pick it up from here, and then we will go to Mr. Berkovitz?

ADDITIONAL TESTIMONY...

Mr. GREENBLATT

Thank you again for the opportunity to present additional evidence. This presentation will introduce evidence that the Subcommittee obtained establishing...

Senator LEVIN

What exhibit is that?

Mr. GREENBLATT

That is Exhibit 14. Once again, this document indicates that Galloway received the allocation and that Fawaz Zureikat’s company signed the contract...

Senator COLEMAN

Thank you, Mr. Greenblatt. Mr. Berkovitz.

TESTIMONY OF DAN M. BERKOVITZ,1 COUNSEL TO THE MI- NORITY, PERMANENT SUBCOMMITTEE ON INVESTIGATIONS,...

Mr. BERKOVITZ

Thank you, Mr. Chairman and Senator Levin. My name is Dan Berkovitz. I am Minority Staff Counsel to the Subcommittee.

The Minority Staff report...

Mr. GREENBLATT

I think you might be referring to Exhibit 11,4 is the surcharge chart for that particular transaction.

Senator COLEMAN

Exhibit 13, then, is——

Mr. GREENBLATT

That is for the Phase XI transaction, 11/04 is the contract.

Senator COLEMAN

And that one was to Fawaz Zureikat and George Galloway——

Mr. GREENBLATT

That is exactly correct. Senator COLEMAN [continuing]. Again, Aredio Petroleum? Mr. GREENBLATT. That was actually Middle East Semiconductor.

They...

Senator COLEMAN

And I don’t think we can see it in that chart, but I believe in footnotes, because of where you have Middle East Advanced Semiconductor blown up over...

Mr. GREENBLATT

The Machino Import entry on these refer to the contracts lifted by Machino Import that relate to the Zhirinovsky allocations.

Senator COLEMAN

So what we have here—this chart was pre- pared after the fall of the Hussein regime, is that correct?

Mr. GREENBLATT

That is exactly right.

Senator COLEMAN

What you have on this chart, Zhirinovsky al- locations, is that correct?

Mr. GREENBLATT

That is right. Senator COLEMAN. And also Galloway allocations? Mr. GREENBLATT. That is right. Senator COLEMAN. So if one was just targeting somebody...

Senator COLEMAN

What I am trying to do here is going through the exhibits, and what we see is a pattern, whether it is Zhirinovsky or Voloshin or Galloway or Pasqua,...

Mr. GREENBLATT

That is right.

Senator COLEMAN [continuing]

And this is with the stamp of the Ministry of Oil, is that correct?

Mr. GREENBLATT

That is right.

Senator COLEMAN

And then you would have the same for Ex- hibit 12. Then at Exhibit 12,2 again, same form, same letter, same stamp——

Mr. GREENBLATT

That is right.

Senator COLEMAN [continuing]

The name in parentheses being (George Galloway)——

Mr. GREENBLATT

That is right.

Senator COLEMAN [continuing]

And Iraqi officials have identified the name in parentheses uniformly as the person who received the allocation, is that correct?

Mr. GREENBLATT

That is right, and they specifically identified this particular document—they authenticated this particular docu- ment, as well.

Senator COLEMAN

And then would you have similar documents, then, for Voloshin and Zhirinovsky, again, documents from the Ministry of Oil, same stamp, same parentheses?

Mr. GREENBLATT

The identical form with virtually identical in- formation, depending on the specific terms of the contract, yes.

Senator COLEMAN

Can you talk to me a little more, then, about how these patterns fit together?

Mr. GREENBLATT

Sure. The one thing that emerges from the Zhirinovsky allocation report, from the Russian Presidential Coun- cil report, is that very pattern of documentation...

Senator COLEMAN

And how do we know that these documents are genuine?

Mr. GREENBLATT

They corroborate with other documents related to the contracts that we see. For example, if you put up Exhibit 6,3

1 See Exhibit No. 9, which...

Senator COLEMAN

And reference specifically to the Galloway documents that we verified the signature of the Minister of Oil on these Ministry of Oil letters?

Mr. GREENBLATT

That is exactly right.

Senator COLEMAN

Mr. Groves, in dealing with the Russian com- panies, we appear to have a number of sham companies that are simply set up for the purpose of facilitating...

Mr. GROVES

That is correct.

Senator COLEMAN

Can you give me a better understanding? I know that we have looked into some of these companies. I think it was Impexoil, the Russian engineering company,...

Mr. GROVES

Well, once the contract was signed between the nominal purchaser and SOMO, that was the public face of the deal- ing. That is the contract that would...

Senator COLEMAN

But with the Russian transactions, because with Bayoil, an American company, we were able to get those docu- ments, is that correct?

Mr. GROVES

Correct.

Senator COLEMAN

And as a result of getting those documents, we know exactly how much was paid.

Mr. GROVES

That is also correct.

Senator COLEMAN

And then we were able to break it down to divide what was paid to whom and what was left over, the amount left over for the allocation holder.

Mr. GROVES

Yes, sir.

Senator COLEMAN

Which is consistent with the testimony of the regime officials that the allocation holder got value from passing on those allocations to others.

Mr. GROVES

The regime official said that is the whole point. The point of the allocation is to create the profit margin that would be split between the allocation...

Senator COLEMAN

Mr. Greenblatt, the letters, the charts, the summaries, all that we see in the Galloway case completely con- sists of what we see in the Zhirinovsky...

Mr. GREENBLATT

Absolutely. If you look at Exhibit 45,1 you will see another example. This is the chart that we saw earlier, where it has Galloway listed at Contract...

Senator COLEMAN

One last question, Mr. Greenblatt, for this round. Several officials identified as allocation recipients have issued categorical denials. I think they...

Mr. GREENBLATT

That is right. They are walking a line where they are saying they never bought a barrel of oil, but that is not the question. The question is whether...

Senator COLEMAN

Thank you. Senator Levin.

Senator LEVIN

Thank you. I would like you to track for us again the relationship between Bayoil and the allocation holders. I think you indicated that Bayoil aggressively...

Mr. GREENBLATT

That is right.

Senator LEVIN

Then give us the process. Use Zhirinovsky, for in- stance.

Mr. GREENBLATT

Sure.

Senator LEVIN

How would they contact Zhirinovsky or vice- versa?

Mr. GREENBLATT

We do not actually have the actual initial con- tact between Bayoil and Zhirinovsky. We do have subsequent cor- respondence between them. What we do...

Senator LEVIN

Now, we know that the allocation holders were committed to pay surcharges, is that correct?

Mr. GREENBLATT

According to the testimony of the senior Hus- sein regime officials, yes.

Senator LEVIN

In addition to the testimony, we have the docu- ments themselves, do we not, which say surcharge? For instance, I don’t know what the new number of...

Mr. GREENBLATT

Yes.

Senator LEVIN

OK. Take a look at—this is a new number, Ex- hibit 9, it is footnote 84. First of all, it reads, to the Oil Minister, approval of exported crude oil...

Mr. GREENBLATT

Surcharge, payable within one month of the date of loading each shipment.

Senator LEVIN

So this was explicit in this allocation, is that cor- rect?

Mr. GREENBLATT

That is right.

Senator LEVIN

And the other allocations, the Zhirinovsky alloca- tions——

Mr. GREENBLATT

That is standard language.

Senator LEVIN

Standard language. It explicitly states when the surcharge is going to be payable.

Mr. GREENBLATT

That is right.

Senator LEVIN

Now, on one of the exhibits, I believe that when the surcharge was not paid—let me see if I can find this Exhibit 12——

Mr. GREENBLATT

Exhibit 12.

Senator LEVIN

It is Exhibit 12.2 This is another Galloway—a let- ter that refers to Mr. Galloway and Mr. Fawaz Zureikat. And then if you read the line relative...

Mr. GREENBLATT

It says, ‘‘Surcharge: As per the instructions of your Excellency,’’ meaning the Minister of Oil, ‘‘over the phone on 12/11/2001, of not...

Senator LEVIN

In other words, this company, whatever that com- pany was that was assigned the allocation, had not paid the sur- charge in an earlier time period,...

Mr. GREENBLATT

That is exactly correct.

Senator LEVIN

And so explicitly, unless that surcharge which is owing, the kickback—we might as well use plain English—which is owing is paid, then it says here...

Mr. GREENBLATT

That is right.

Senator LEVIN

Now, these efforts which you described to obtain surcharges, first off, that would go to the Iraqi regime, were a vio- lation of the Oil-For-Food Program,...

Mr. GREENBLATT

Absolutely.

Senator LEVIN

They were an assault, an attack on a U.N. pro- gram, is that correct?

Mr. GREENBLATT

Yes.

Senator LEVIN

They were an effort to undermine another U.N. program, which was the sanctions program, is that correct?

Mr. GREENBLATT

All of these manipulations, the surcharges and the allocations were designed to do that, yes.

1 See Exhibit No. 9, which appears in the Appendix...

Senator LEVIN

To undermine a U.N. effort? Mr. GREENBLATT. Yes. Senator LEVIN. So we see in the testimony here, actually, an ef-

fort made to undermine, attack,...

Mr. GREENBLATT

Yes.

Senator LEVIN

Mr. Berkovitz, going back to the Khor al-Amaya incident, we wrote, I believe—we here being the Chairman and my- self—wrote to the Department of...

Mr. BERKOVITZ

That is correct.

Senator LEVIN

And has the Defense Department offered to give us any unclassified response to this letter?

Mr. BERKOVITZ

No, Senator.

Senator LEVIN

All they have offered is a classified briefing, is that correct?

Mr. BERKOVITZ

Yes, sir.

Senator LEVIN

Now, how public were the events that are de- scribed in the Chairman’s and my letter to the Department of De- fense?

Mr. BERKOVITZ

The events were reported almost contempora- neously in the oil trade press. There was a Wall Street Journal ar- ticle about it that shortly followed....

Senator LEVIN

All right. And finally, in Exhibit 45—well, I guess it is still part of Exhibit 44, we also, the Chairman and myself, wrote to the U.S. Representative...

Mr. BERKOVITZ

Yes, sir. Senator LEVIN. And have they answered that letter at all? Mr. BERKOVITZ. No. Senator LEVIN. Thank you. Thank you, Mr. Chairman. Senator COLEMAN....

Mr. GREENBLATT

Your first and third ideas are quite closer to the mark. Our interviews with Hussein regime officials confirmed repeatedly that this allocation system...

Senator BENNETT

We have in this hearing, a French former In- terior Minister. Was he a friend, or did they think he would help undermine U.N. sanctions, or both? Zhirinovsky,...

Mr. GREENBLATT

I think it is both, six of one, half-a-dozen of the other in the sense that their friends were the ones who supported them, and I think there was no...

Senator BENNETT

I see. Mr. GREENBLATT. But there was a general sense of support. Senator BENNETT. Yes, sir. Mr. BERKOVITZ. Senator, you asked from the perspective of...

Mr. BERKOVITZ

Yes. They were not—definitely.

Senator BENNETT

OK. We have Mr. Reddaway’s comment that in Zhirinovsky, they didn’t get a very good investment. Off the top of your heads, do you have any sense...

Mr. GREENBLATT

I think it is difficult to say whether there was any specific action taken and how much one individual influenced national policy. I think that was...

Senator BENNETT

Well, just one last observation. They may have done it for political influence and for friendship to reward those that were on their side, but they...

Senator COLEMAN

Senator Bennett raised the question, and I think, Mr. Berkovitz, you responded, that, in fact, the Iraqi former

1 See Exhibit No. 12, which appears...

Mr. BERKOVITZ

Saddam Huseein felt that the middlemen were making excessive profits off of Iraqi oil and that it was really money that belonged to the Iraqi people,...

Senator COLEMAN

I really want to get back to the tone of the interviews with the former officials. They were not, when they were questioned, pointing fingers and looking...

Mr. BERKOVITZ

That is correct.

Mr. GROVES

They were actually proud of what they were doing with the system, and they felt that they were being quite creative in many instances of how to evade...

Senator COLEMAN

But there wasn’t any sense that they were looking for leniency by naming names. Rather, they were clearly af- firming, this is the way we did business....

Mr. BERKOVITZ

That is correct.

Senator COLEMAN

The question Senator Bennett asked of wheth- er there was evidence of specific actions regarding the allocations, I do believe as I review the record...

Mr. GROVES

The evidence in the record and from the interviews indicates a broad pattern and a broad strategy to influence all countries on the U.N. Security Council,...

Senator COLEMAN

Thank you, Mr. Groves.

I just want to make a statement, actually to the benefit of Sen- ator Levin. Mr. Berkovitz, I think it is important to...

Senator Levin

Senator LEVIN

Thank you. Thank you for both of those state- ments, Mr. Chairman.

I would like you to look at some documents which don’t have ex- hibit numbers....

Mr. GREENBLATT

Which report?

Senator LEVIN

Which report? Oh, on the Russian Presidential Council. Is that something you can get at real quickly?

Mr. GROVES

Yes, Senator. I am here.

Senator LEVIN

OK. And I am going to ask you to do the same thing on three other documents.

This says we have entered into a contract with Rosnefteimpex Company,...

Mr. GROVES

No. Our information is that he is a close confidant of the head of the Russian Presidential Council.

Senator LEVIN

I understand. Mr. GROVES. He was the point man on many of these contracts. Senator LEVIN. OK. I would like to make this document and a

number...

Senator COLEMAN

They will be entered into the record, without objection.

Senator LEVIN

It shows a pattern here. I mean, this is the same type of document that we have referred to before. It shows we have entered into a contract with a...

Mr. GROVES

That is correct.

Senator LEVIN

He contracts with the company, as it must be under the Oil-For-Food Program rules, I see, is that right?

1 See Report on Oil Allocations Granted...

Mr. GROVES

That is correct. These documents and all the docu- ments in this category fall into what in a courtroom would be called documents kept in the ordinary...

Senator LEVIN

OK. So it is a pattern. They name a company, which could be a phony company, could be real, either one. It could be a real company, is that correct?

Mr. GROVES

That is correct.

Senator LEVIN

But it is an entity other than an individual. But then it says down here on all these documents, destination of crude oil, and it says Europe and/or...

Mr. GROVES

That is correct. They knew that much of their crude was destined for North American markets.

Senator LEVIN

But they go through the appearance in their own public statements, or their own documents that are filed, that they don’t deal with an American company...

Mr. GROVES

Yes. So it is an open secret.

Senator LEVIN

It is just a charade that they were putting on publicly, is that correct?

Mr. GROVES

That is correct.

Senator LEVIN

But even their own documents don’t even try to maintain that charade.

Mr. GROVES

They do not.

Senator LEVIN

All right. Now, the same thing is true, is it not, with three other documents which I will give you. These are the documents in the same report. First...

Mr. GREENBLATT

That is right.

Senator LEVIN

And there are three different companies used here, is that correct?

Mr. GREENBLATT

That is right.

Senator LEVIN

MachinoImport is one, Lukoil is another—I take it back. The third one is the same as the first, MachinoImport. So there are two different companies.

Mr. GREENBLATT

That is right.

Senator LEVIN

All right. But Zhirinovsky’s name appears in pa- rentheses in all of them——

Mr. GREENBLATT

That is right.

Senator LEVIN [continuing]

And all of them show that the des- tination is Europe and/or America, is that correct?

Mr. GREENBLATT

Yes. Senator LEVIN. OK. Thank you. Thank you, Mr. Chairman. Senator COLEMAN. Thank you. This panel will be excused.

1 See Report on Oil Allocations...

Mr. GALLOWAY

I do.

Senator COLEMAN

We will be using a timing system today, Mr. Galloway. You have 10 minutes for an opening statement. If you need more time, we will certainly accommodate...

Mr. GALLOWAY

Senator, I am not now, nor have I ever been, an oil trader, and neither has anyone on my behalf. I have never seen a barrel of oil, owned one, bought...

Senator COLEMAN

Thank you, Mr. Galloway.

Mr. Galloway, can we start by talking about Fawaz Zureikat? Do you know the individual?

Mr. GALLOWAY

I know him very well. Senator COLEMAN. In fact you were best man at his wedding? Mr. GALLOWAY. I was. Senator COLEMAN. And at some point in time he...

Senator COLEMAN

How much did Mr. Zureikat contribute to Mariam’s Appeal?

Mr. GALLOWAY

Roughly 375,000 English pounds. Senator COLEMAN. Is that about $600,000 American? Mr. GALLOWAY. I do not know the conversion but it is 375,000

Sterling....

Senator COLEMAN

I am asking you specifically, in 2001 were you aware that he was doing oil deals with Iraq?

Mr. GALLOWAY

I was aware that he was doing extensive busi- ness with Iraq. I did not know the details of it. It was not my busi- ness.

Senator COLEMAN

So this is somebody who is the chairman of your Subcommittee, that you know well, and you are not able to say that he was——

Mr. GALLOWAY

Well, there are a lot of contributors, I have just been checking, to your political——

Senator COLEMAN

There are not many at that level, Mr. Gallo- way. For the record——

Mr. GALLOWAY

Let me assure you, I have checked your web site. There are lots of contributors to your political campaign funds. I don’t suppose you ask any of them...

Senator COLEMAN

Certainly not at $600,000 American. But let me again ask the question, just so the record is clear. I need to be clear on the record, that you are not...

Mr. GALLOWAY

First of all, I have only seen this document today, and I am telling you that insofar as my name is in a paren- theses, the information in it is false....

Senator COLEMAN

Mr. Galloway, do you recall an interview you had with Jeremy Paxman on April 23, 2003? Do we have a copy of the transcript? I would like to refresh...

Mr. GALLOWAY

I told you in my previous two answers, I knew that Mr. Zureikat was heavily involved in business in Iraq and elsewhere but that it was none of my business...

Senator COLEMAN

So, Mr. Galloway, you would have this Sub- committee believe that your designated representative for Mariam’s Appeal, becomes the chair of the Mariam’s...

Mr. GALLOWAY

No, I am doing better than that. I am telling you that I knew that he was doing a vast amount of business with Iraq; much bigger, as I said a couple...

Senator COLEMAN

So in 2003, when you said you did not know whether he was doing oil deals, were you telling the truth at that time?

Mr. GALLOWAY

Yes, I was. I have never known until the Daily Telegraph story appeared that he was alleged to be doing oil deals. But his oil deals are about one-tenth...

Senator COLEMAN

So Exhibit 14,2 which purports to be a con- tract with Middle East Semiconductor, contract M/12/14—Middle

1 See Exhibit No. 49, which appears...

Mr. GALLOWAY

Not before this Daily Telegraph report, no. Senator COLEMAN. Senator Levin. Senator LEVIN. Thank you. Thank you, Mr. Galloway. Mr. Galloway, could you...

Senator LEVIN

Where your name is in parentheses after Mr. Zureikat’s——

Mr. GALLOWAY

Before Mr. Zureikat, if I am looking at the right exhibit.

Senator LEVIN

I was going to finish my question though. My question was, where your name is in parentheses after Mr. Zureikat’s company.

Mr. GALLOWAY

I apologize, Senator. Senator LEVIN. That is all right. Now that document, assuming it is an accurate translation of the

document underneath it,...

Senator LEVIN

Would you let the Subcommittee know after you have had it in your possession long enough whether you consider the document a fake?

Mr. GALLOWAY

Yes, although there is an academic quality about all this, Senator Levin, because you have already found me guilty before you actually allowed me to...

Senator LEVIN

In order to attempt to clear your name, would you——

Mr. GALLOWAY

Let us be clear about something, Senator——

1 See Exhibit No. 12, which appears in the Appendix on page 1498.

VerDate 0ct 09 2002

12:03...

Senator LEVIN

Let me finish my question. Let me be clear about that, first of all.

Would you submit to the Subcommittee, after you have had a chance to review...

Mr. GALLOWAY

If you give me the original. This is not—presum- ably you wrote this English translation.

Senator LEVIN

Yes, and there is a copy underneath it of the—— Mr. GALLOWAY. Yes, there is a copy of a gray blur. Senator LEVIN. A copy of the original. Mr. GALLOWAY....

Mr. GALLOWAY

It turns out from your own testimony that prac- tically everyone in the world, and especially the United States, was paying kickbacks.

Senator LEVIN

It troubles me a great deal. As you have heard from my statement today, I am very much troubled that we have an oil company that was involved in this...

Mr. GALLOWAY

That is a good question and will you allow me to answer it seriously.

Senator LEVIN

I would be happy to.

Mr. GALLOWAY

Not in a yes or no fashion, because I could give you a glib——

Senator LEVIN

Providing you give us an answer, I would be de- lighted to hear it.

Mr. GALLOWAY

Here is my answer and I hope it does delight you. I opposed the Oil-for-Food program with all my heart. Not for the reasons that you are troubled by...

Senator LEVIN

Now my question. Mr. GALLOWAY. I told you what troubles me. Senator LEVIN. I am asking you—— Mr. GALLOWAY. And I have told you—— Senator LEVIN....

Mr. GALLOWAY

It is Mr. Zureikat’s problem, not mine. Senator LEVIN. It would not trouble you. Mr. GALLOWAY. It is Mr. Zureikat’s problem, not mine. Senator LEVIN....

Senator LEVIN

I know other things trouble you, but can you just give us a straightforward answer? You have given us a long expla- nation of other things that trouble...

Mr. GALLOWAY

It troubles me that it might put him in difficulty. It troubles me that it might now lead to a prosecution of him. It troubles me that this will be...

Senator LEVIN

I understand. There are a lot of things you op- pose but you do not believe should be circumvented in illegal ways, is that not——

VerDate...

Mr. GALLOWAY

Please, Senator, you supported the illegal attack on Iraq. Do not talk to me about illegalities.

Senator LEVIN

Sorry about that, I did not. But that is beside the point. You are wrong on your facts——

Mr. GALLOWAY

I am collectively talking about the Senate, not you personally.

Senator LEVIN

That is all right. Let me go back to my question. I do not want to get involved in——

Mr. GALLOWAY

Why not? You want to talk about illegality? Senator LEVIN. No. Mr. GALLOWAY. You launched an illegal war which has killed

100,000 people. You...

Senator LEVIN

That was not my question. My question is, would it trouble you if you found that out?

It is OK, you are not going to answer it, it is clear to...

Mr. GALLOWAY

All right.

Senator LEVIN

You are just simply not going to answer it. I will say, American politicians who find the source of money after it is given to them is troubling, they...

Mr. GALLOWAY

No. Senator LEVIN. Thank you. I am done. Thank you. Senator COLEMAN. Just one follow-up on the Tariq Aziz question.

Describe your relationship...

Senator COLEMAN

You described him as a very dear friend.

Mr. GALLOWAY

I think you have quoted me as saying a dear, dear friend. I do not often use the double adjective.

Senator COLEMAN

I was looking into your heart on that. Mr. GALLOWAY. But friend I have no problem with. Senator just before I go on, I do hope you will avail yourself...

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