Mr. de São Vicente takes over and develops the insurance and reinsurance company AAA SEGUROS SA, which is granted the position of “leader” in co-insurance of Angolan oil activities, as well as the AAA companies.
AAA SEGUROS SA loses its position as “leader”. Deprived of its source of income, the liquidation of the company is initiated.
Mr de São Vicente further develops his alternative hospitality business and invests massively in Angola by equipping the country with a hotel network. He becomes the largest investor in Angola.
Mr. de São Vicente gives two internal funds transfer instructions to the Swiss bank, which are duly executed. In all likelihood, aware of its client’s intention to withdraw his funds, the bank alerts the Swiss authorities of suspicions of money laundering.
The Swiss Public Prosecutor’s Office opens an investigation for money laundering. Mr de São Vicente’s assets, his companies and those of his family are frozen as a precautionary measure.demonstrated responsible citizenship and diligent and zealous management.
Based on the explanations provided by Mr de São Vicente during the investigations, the Swiss Public Prosecutor releases around a third of the frozen assets.
A request for mutual legal assistance is sent to Angola by the Swiss Public Prosecutor’s Office.
The Angolan Public Prosecutor’s office (“PGR”) responds to the Swiss request for mutual assistance. In its final report, the PGR concludes that there is no evidence that Mr de Sao Vicente had ever committed a crime in Angola whether of bribery, money laundering, economic participation in business or any other crime related to the facts described in the Swiss letter of request. The PGR expressly confirms that this conclusion was reached after having carried out all the measures requested by the Geneva Public Prosecutor’s Office and having analysed all the documents collected (more than 1,000 pages of documentation). Mr. de São Vicente further demonstrated responsible citizenship and diligent and zealous management.
The blog Gotham City reveals the existence of the Swiss proceedings. A defamatory media campaign follows in Switzerland and internationally, in particular in Angola.
Under media and political pressure, the PGR seizes Mr de São Vicente’s, his companies’ and his family’s assets, notably all the buildings owned by the AAA companies and the hotels, before arresting and detaining him, for the very acts of which he had been exonerated barely one month earlier. In parallel, based on the report filed by the PGR with the Swiss authorities and the absolving conclusions communicated, Mr de São Vicente requests a release of his funds.
Mr de São Vicente is incarcerated in Viana prison.
A complaint for arbitrary detention is filed with the UN Working Group on Arbitrary Detention.
The Federal Tribunal, Switzerland’s supreme Court, overturns a decision of the Geneva Court of Appeal confirming the freezing order on one of Mr de São Vicente’s company’s account. According to the Federal Tribunal, the cantonal Court did not sufficiently motivate the reasons justifying the maintain of the freezing order. The case was sent back to the Court of Justice for a re-examination. A new decision has not yet been handed down.
The Swiss Public Prosecutor refuses the lifting of the freezing order on Mr de São Vicente’s account due to the opening of the Angolan proceedings. Against this background, the Swiss Public Prosecutor nonetheless expressly confirms that the documentation produced by Mr de São Vicente had explained and justified (i) the structure and ownership of the AAA Group, (ii) the activity of the AAA Group, and (iii) the financial flows under investigation. Mr de São Vicente appealed against this decision with the Geneva Court of Appeal. The decision has not yet been handed down.
The PGR issues a formal indictment based in particular on an undated and unsigned report.
A complaint denouncing the arbitrary detention and numerous violations of fundamental rights suffered by Mr de São Vicente is filed with the African Commission on Human and Peoples’ Rights.
A pre-trial hearing takes place during which the lawyer chosen by Mr de São Vicente is asked to leave the room.