AgustaWestland: Fresh ED Chargesheet Fails to Outline Money Trail

Chargesheet says Christian Michel James received kickbacks but is silent on the links to SP Tyagi.

It is hoped that the chargesheet will help extradite middleman Christian Michel James. (Photo: Reuters)

The Quint has accessed the supplementary chargesheet filed by the Enforcement Directorate (ED) in the 3,600-crore AgustaWestland money-laundering scam. The ED has named British national and alleged middleman Christian Michel James and two Indians in the chargesheet.

The chargesheet is essential to extradite James from Dubai. He can reveal the names of the people who finally received kickbacks in the scam.

Senior ED Official

According to sources in the ED, the agency has already written to the Ministry of External Affairs to begin the process of extradition. Legally a person cannot be extradited until a chargesheet is filed.

The chargesheet also carries the statement of 18 witnesses who were questioned during the investigation including Narayan Bahadur who was James’ driver.

The first chargesheet was filed by the ED in November 2014.

(Infographic: Rahul Gupta/The Quint)

Who is Christian Michel James?

The chargesheet reveals that out of kickbacks paid by AgustaWestland, James received 30 million euros in the deal for 12 VVIP helicopters.

The picture of alleged AgustaWestland middleman, Christian Michel. (Photo Courtesy: Screenshot from CNN-IBN)

James was supposed to be paid 42 million euros by AgustaWestland for services rendered by him in acquiring the contract for supply of 12 VVIP helicopters for the Ministry of Defence.

ED Chargesheet

The payment was apparently reduced from 42 million euros to 30 million euros later.

The Trail of Kickbacks

The chargesheet says that AgustaWestland paid kickbacks worth 30 million euros to James as part of the choppers deal. The company transferred this money to Dubai-based M/S Global Services FZE, owned by James.

James in collusion with two Indian citizens, RK Nanda and JB Subramaniyam, both named in the chargesheet, allegedly incorporated a company namely M/S Media Exim Pvt Ltd in 2005. Nanda and Subramaniyam, who were appointed as Directors of the company, told investigators that this was a shell company.

James transferred around Rs 6.33 crore from his Dubai-based Global Services FZE to Media Exim. Media Exim then purchased five immovable properties, jewellery, paintings, car etc and later sold four immovable properties.

Former Airforce Chief Tyagi Still off the Hook

Former Air Chief Marshal SP Tyagi at the CBI headquarters for questioning in New Delhi. (File Photo: PTI

Nowhere in the fresh chargesheet has the ED spoken about the role of the former Air Force Chief SP Tyagi. Just a couple of weeks ago, Tyagi was questioned for almost 50 hours over 5 days by the CBI and ED. It seems the questioning has failed to throw any light on the money trail.

So far we haven’t got any evidence to prove SP Tyagi’s involvement in receiving kickbacks. We are yet to crack the names of the final beneficiaries. The investigation is on, and more chargesheets will follow. 

Senior ED Official

The CBI is yet to file a single chargesheet in the case after three years of investigation.

The pace and scope of the AgustaWestland investigation leaves many questions unanswered:

1) Was the questioning of SP Tyagi, his cousins and others by agencies just an eyewash to disturb the Parliament session?

2) Are agencies trying to appease the government by questioning Tyagi and his cousins?

3) Is it likely that neither CBI nor ED have substantive evidence against them?