By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Sept 20 – Sierra Leone's Mission to the United Nations has been sued for "posing an immediate danger [with] mold and vermin infestation." Inner City Press first reported the case on May 21, 2021 and it has since been picked up.
The Sierra Leonean Mission is at 245 East 49th Street, right near the United Nations which also poses dangers, in its impunity. Inner City Press live stream here.
Now Inner City Press reports, in May 2024, that Sierra Leone stopped paying or communicating with its lawyers at Foley Hoag, who on May 8 withdrew, see below.
Then from Freetown, this: "The Commissioner explained that the investigations revealed that an initial Two Million Five Hundred and Sixty US Dollars (USD 2,560,000.00) was approved for the refurbishment of the building around 2012. He said a Procurement Unit was formed in New York during the stewardship of the then Ambassador Vandi Minah to ensure that procedures were complied with. This followed quotations received from newspapers in the US to invite bidders and bids were received with the highest being Eighteen Thousand US Dollars (USD 18,000) from the New York Times and the lowest was One thousand one hundred and fifty-five US Dollars( USD 1,155.00) from Sunday Metro. ..Yet the Government of Sierra Leone signed the contract represented by the then Ambassador/Permanent Representative to the United Nations, Adikalie Foday Sumah,” he said. Commissioner Kaifala said immediately after the signing of the contract, the sum of One Million US Dollars ($1,000,000.00) was remitted into the mission’s building account in Citi Bank in New York... The Commissioner said the the ACC had concluded therefore that the transactions surrounding the contract are fraudulent and did not follow due process, thus all involving parties will be held accountable. It is in this regard he stated that the Commission, during the course of the investigations, interrogated a number of persons of interest, including former Permanent Representative to the UN Dr. Alie Kabba, former Minister of Development Dr. Francis Kaikai, the Accountant General Richard Solomon Ralph Williams, former Ministers of Foreign Affairs Nabeela Tunis and Dr Samura Kamara, former Director General of the Ministry and current and former Heads of Chancery, among others. He said, based on the investigations, not less than six people, including the contractor, will be indicted by the Commission for their various roles in the misappropriation of funds, which has caused an embarrassment to the country, as the State has been sued by neighbors of the country’s UN House in New York as result of this project."
And now, a request to add two more parties to the lawsuit. Sierra Leone's Mission to the corrupt UN is due October 4. Watch this site.
On June 4, not the Mission but contractor Empire Group NYC, LCC made a number of proposals, including cleaning up the Mission's debris. The cover letter says, "as soon as the Permanent Mission of the Republic of Sierra Leone to the United [Nations] appears in the case, the Court should schedule a prompt return date for its response to the OTSC issued by the Court."
On July 26 an emergency hearing was sought as Sierra Leone's UN mission and its contractors refuse to comply with an order, for example: "Remove all debris from inside the Mission that pose an ongoing fire hazard... The Mission's lawyers have refused to take additional photographs or any any inspection of the Mission on purported grounds of Sierra Leone's national security."
And the response on July 27 confirmed: "The Mission has imposed certain restrictions on access to and documentation from within the Mission, as referenced in the Plaintiffs' Letter, citing national security grounds." Sounds like the corrupt UN-world of Guterres, still banning Press.
So does this invocation of impunity: on August 20, Sierra Leone's lobbying firm put in a letter that argues that its decrepit, nuisance "diplomatic premises are inviolable as a matter of federal and international law." Tony's law - beat up the press, kill with cholera, leave garbage everywhere, and cite immunity. Will it work?
After Inner City Press exclusively reported on this case, and was contacted by media in Sierra Leone, now the Foreign Ministry has issued a two page press release saying it has been directed to our media report, and calling it misleading and inaccurate.
While unlike the even more corrupt UN of Antonio Guterres, who rather than respond to questions using UN Security to rough up and ban the Press that asks them, the Ministry has spoken, it does not stand up. Just consider the photos of how they left the site of their "Chancery."
And they do not specify what they say the US State Department did not do. (Inner City Press got answers from the State Department on May 27, here, but has not yet asked about this, since it didn't know of the Ministries response until May 28).
The pickers-upper also note that Sierra Leone's government transferred some $3.2 million to their UN Mission in New York, including "5-Sep-19 FT1924808290 Outward Swift Payment 9,329,999,975.14," the spending of which remains unclear given the conditions of the "Chancery." There's also the IMF's March 15, 2021 OK-ing of $50.37 million to Sierra Leone under its Rapid Credit Facility. We aim to have more on this. Watch this site.
Next door neighbors have sued the Mission in the U.S. District Court for the Southern District of New York, which Inner City Press while banned from the UN by Antonio Guterres now covers daily.
The complaint identifies Sierra Leonean diplomats' "failure to follow basic fire-prevention protocols... creating an opportunity for flying debris, fire and other dangers."
The SDNY docket reflects that, of the complaint, "service was accept by Fatima (F/B 40-49 years old, 5'4" tall, 140 pounds with black hair and brown eyes) who advised at the time of service that she is authorized to accept on behalf of the Permanent Mission of the Republic of Sierra Leone to the UN."
On May 27, the SDNY's Deputy Clerk certified serving the country's foreign minister, pursuant to the Provisions of the Foreign Sovereign Immunities Act, 28 USC 1608(a)(3).
On November 29, 2021, Sierra Leone's law firm wrote to Judge Ramos that they would like to move to dismiss based on the total immunity of Sierre Leone, no matter what it does.This is the international system / racket under Antonio Guterres.
On June 27, 2022 with the case still going, the Harvey's wrote to Judge Ramos that "a significant rat infestation has invaded the Harvey's home from the headquarters." UNHQ?
On July 1, 2022, Judge Ramos denied Sierra Leone's motion to dismiss: "MOTION to Dismiss filed by Permanent Mission of The Republic of Sierra Leone to the United Nations. The Mission's motion to dismiss is DENIED. The Harvey's motion for contempt and sanctions is DENIED in large part, and the motion for a preliminary injunction is DENIED. The parties are directed to appear for a status conference on July 15, 2022."
In October 2022, Sierra Leone wrote it to "clarify" that it would not even be attending the October 26 status conference, since it got a stay pending appeal to the Second Circuit on the issue of diplomatic immunity. How dangerous could the building get? Judge Ramos conferred with those who did attend, and directed that a proposed case management plan be submitted by October 28.
Jump cut to May 8, 2024 - Judge Ramos granted the request for Foley Hoag to drop Sierra Leone as a client - the firm said Sierra Leone was not paying, and had not even communicated in ten months.
On June 4, despite an order to find new counsel, the Mission's "Minister Counselor" A. Salieu Kamara wrote it asking for an unspecified day to find new counsel. The plaintiffs have proposed a June 14 deadline.
On June 14, Inner City Press covered Sierra Leone's non-appearance, thread:
OK - now case against UN Mission of Sierra Leone, which as Inner City Press exclusively reported left its mission building full of rats and is now absent despite being ordered to appear in court
Judge: Has Sierra Leone done anything to fix its building?
A: Nothing. Nothing at all. Judge: The Mission is not being used at all? A: Not at all. We are moving for default. The Court has repeatedly told the Mission it must have counsel in this case.
Plaintiff's lawyer: The Court told the Mission it had to appear in this case. All they did was send a vague letter saying they couldn't comply. They are in contempt of this Court. We move for default. Judge: I'll ask that you do this on papers.
Judge: This involves intl relations, our government and Sierra Leone. So we need to dot our i's and cross out t's.
Judge: When will you move by? A: In 7 days. And we'll move for attorneys fees. [But would Sierra Leone pay?]
Dysfunction? Impunity? Or both? This is today's UN World of SG Antonio Guterres.
Letter to withdraw for non payment on Patreon here
On July 3, 2024 Sierra Leone's UN Mission's default was noted, officially, and the process for damages started, with reference to among other things nuisance, diminution in the value of Plaintiffs' home, and remediation.
On July 9, Judge Ramos set a schedule - and invited the US State Department into the case, presumably to assert or argue immunity for the rogue mission, as it did for the UN when it brought cholera to Haiti and killed 10,000 people: "ORDER Janet and Joseph Harvey filed this action on May 14, 2021. Doc. 1. They bring various claims alleging that the renovation and expansion of the Permanent Mission of the Republic of Sierra Leone, which is located next door to their Manhattan home, presents a danger to their health. Shortly after the Second Circuit's mandate issued, counsel for the Mission sought leave to withdraw, citing the Mission's failure to cooperate in the representation and its failure to pay legal bills. The Court has scheduled an order to show cause hearing for August 7, 2024, at 10:00 a.m., to address (1) whether an order should be entered permitting the Harveys and the Mission's codefendants in this matter to access the Mission's renovation site, and (2) whether the Harveys should be permitted to move for damages in support of default judgment against the Mission following an inspection of the site. Given the nature of these issues, the Court finds it appropriate to invite the U.S. Department of State to provide its views, if any, on the Harveys' requests or on any issues of interest to the United States. The Department of State may file a statement of interest by July 31, 2024, or it may appear at the order to show cause hearing on August 7, 2024. If the Department of State does not do so, the Court will resolve the Harveys' requests on the existing submissions. By July 12, 2024, the Harveys are directed to serve a copy of this order on both (1) the Mission, and (2) the U.S. Attorney's Office for the Southern District of New York (for delivery to the State Department). It is SO ORDERED. (Signed by Judge Edgardo Ramos on 7/9/2024)."
On July 31, DOJ wrote in that "the State Department considers the Mission's premises to be inviolable [and] therefore respectfully requests that the Court refrain from issuing the order requested by Plaintiffs." Impunity...
On August 2, the plaintiffs wrote in to preliminarily contest inviolability of what they call the "renovation site."
On August 7, Inner City Press attended, thread:
State Dept says even as construction site, dormant for 5 years, is inviolable.
Judge: Have you spoken with US Ambassador to the UN Linda Thomas GreenfieldPlaintiff: They've done nothing.
Judge: I am going to declare Sierra Leone in default. But the State Dept says no one can enter it, like the Russian Mission back in the day.
Plaintiff: We will be seeking money damages.
Judge: I'll refer that for an inquest by the Magistrate Judge
Construction company lawyer: We are also being injured. [NOTE: Sierra Leone is this month's President of the UN Security Council...]
Now State Dept lawyer: I am flying out for vacation on Thursday Adjourned.
On August 8, the assigned Magistrate Judge Stewart D. Aaron set a September 10 inquest: "ORDER SCHEDULING CONFERENCE: On August 7, 2024, Judge Ramos entered an Order finding that Defendant Permanent Mission of the Republic of Sierra Leone to the United Nations (the "Mission") is in default. (8/7/24 Order, ECF No. 240, at 2.) Judge Ramos further referred this matter to the undersigned for a damages inquest/damages hearing. (Id. at 2; see also Order of Reference, ECF No. 239.) The undersigned shall hold a conference to address the timing and format of the damages inquest on Tuesday, September 10, 2024."
Inner City Press covered the September 10 proceeding, from the thread
Plaintiffs' lawyer: We expect to resolve cases against all defendant except the Mission of Sierra Leone by September 24 [the day the UN's "high level" week begins] and then we'll put in proof of damages the mission [/country] owes.
Judge: They are in default Judge: So, mail notice to Sierra Leone of the next steps.
ORDER: Following a telephone conference today with the parties to address the timing and format of the damages inquest arising from the default of Defendant Permanent Mission of the Republic of Sierra Leone to the United Nations (the "Defaulting Defendant"), at which counsel for Plaintiffs and Defendants Empire Group NYC, LLC and David I Montesi (the "Empire Defendants") were present, and having been apprised by Plaintiffs that they expect that a resolution will be reached by and between Plaintiffs and the Empire Defendants, Defendant Jules Davis, and Defendant Fairfield Construction Associates, LLC (collectively, the "Non-Defaulting Defendants"), by September 24, 2024, it is hereby ORDERED as follows: 1. No later than September 24, 2024, Plaintiffs shall file a letter to the ECF docket with respect to the resolution of the claims against the Non-Defaulting Defendants. 2. No later than October 22, 2024, Plaintiffs shall serve the Defaulting Defendant and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of default judgment. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount. The submissions shall be served upon the Defaulting Defendant and proof of such service shall be filed to the ECF docket no later than October 25, 2024. 3. Plaintiffs' Proposed Findings of Fact should specifically tie the proposed damages figure to their legal claim(s); should demonstrate how Plaintiffs arrived at the proposed damages figure; and should be supported by one or more affidavits, which may attach any documentary evidence establishing the proposed damages.
On September 20, the plaintiffs wrote in that the US State Department acknowledges that FSIA gives the court jurisdiction, only arguing that injunction would be "imprudent." But what was in the alternative, to impunity?
Inner City Press will be following this case, and others of impunity.
The case is Harvey et al. v. Permanent Mission of the Republic of Sierra Leone to the UN, et al., 21-cv-4368 (Ramos)
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