NIGERIAN ECONOMIC AND FINANCIAL CRIMES COMMISSION REQUESTS

UNCLAS SECTION 01 OF 02 ABUJA 000144 SENSITIVE SIPDIS STATE FOR AF/FO, AF/W, AF/RSA, INL/FO, INL/AAE, INL/C, INR/AA, L/LEI E.O. 12958: N/A TAGS: PGOV PREL SNAR ASEC EFIN EAID KCRM KCOR NI SUBJECT: NIGERIAN ECONOMIC AND FINANCIAL CRIMES COMMISSION REQUESTS USG ASSISTANCE -------------- SUMMARY -------------- ¶1. (SBU) SUMMARY: In November 2009, Economic and Financial Crimes Commission (EFCC) Chairperson Farida Waziri and her top staff travelled to the U.S. to meet with State, Justice and Treasury Department officials. Upon returning to Nigeria, the EFCC team developed a strategy document to move forward with long pending major corruption cases. END SUMMARY. ¶2. (SBU) The EFCC has presented to the Mission a strategy document with a timeline for establishing a study group in early 2010 to create Special Financial Crime Courts and to institute special rules of procedures for these courts, such as limiting time for judges to rule on frivolous objections by defense attorneys that delay cases for years while their clients remain free on bail. The study group will also draft legislation and rules of procedure for the Special Courts, and has requested USG participation and views on how to proceed with this initiative. ¶3. (SBU) The EFCC also requested USG assistance on another new initiative called Project "Eagle Claw" to alert potential victims of cyber-fraud by informing them that they have received spurious e-mails or are likely to receive more such e-mails. Microsoft Corporation has a contract with the EFCC for developing and deploying Internet fraud software with the itinerant licensing fees. The EFCC and Microsoft have developed and deployed such software to track fraudulent e-mails emanating from Nigeria. In the past six months, the EFCC has tested the software, which is reportedly working well. At a basic level, the software allows EFCC to: detect fraudulent e-mails in any environment within which it is deployed, shut down all fraudulent e-mail addresses once identified, extract the address list from the scammer's e-mail address book, and forward an advisory letter to victims and potential victims, warning them that their e-mail account has been compromised. ¶4. (SBU) The EFCC, however, has only recently commenced the process of shutting down e-mail addresses, to date numbering over 100 such addresses. The EFCC has not sent out an advisory letter yet, however, and would appreciate USG assistance in developing the content of the advisory letter and ensuring that it would be impossible to clone the letter or re-direct the source of the advisory letter. The EFCC also plans a regional Internet Fraud Summit in Abuja February 2 to 3 and has requested USG participation. Embassy understands that Justice Department and Federal Bureau of Investigation representatives plan to attend. ¶5. (SBU) Previously, the U.S. and Nigeria alternated annual bilateral meetings with heads of law enforcement agencies in their respective capitals. These two meetings, which focused primarily on the issue of illicit drugs, seem to have borne fruit. The EFCC proposes the resumption of regular annual bilateral meetings to discuss corruption, which may also serve to complement eventual meetings of the proposed Bi-National Commission. ¶6. (SBU) The EFCC has offered to provide the Legal Attache Office with comprehensive summaries on the status of over 40 corruption investigations of mutual interest, which have languished in the courts or remain at the investigative stage. The EFCC has requested USG assistance to train their investigators and prosecutors to move these cases forward. ABUJA 00000144 002 OF 002 -------------- ACTION PLANNED -------------- ¶7. (U) Mission plans to engage EFCC to deploy financial crimes courts and support their activities in establishing national and regional cybercrime frameworks. Mission will submit project proposals in this regard for Department's consideration once parameters become clearer. -------------- COMMENT -------------- ¶8. (SBU) The EFCC recently revamped its strategy for investigating and prosecuting anti-corruption cases. The financial crimes court initiative appears viable if officials establish and implement proper procedural rules to expedite cases while sustaining the rule of law. The initiative to adopt Internet fraud detection software and to warn victims is also laudable, assuming the implementation of proper legal and technical frameworks. EFCC's request for USG assistance provides a new opportunity to re-engage with the agency. Any assistance should be reserved for permanent staff, and we would seek EFCC commitment to retain trained personnel in their positions for at least three years to provide continuity and promote effective use of acquired knowledge and skills. END COMMENT. SANDERS