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16:38 2001-08-21

JOHN M.DONNELY: U.S. DEFENSE FUND IN RUSSIA IS TARGET OF CRIMINAL PROBE

A Pentagon program to convert former Soviet doomsday-weapons organizations
into commercial projects is under criminal investigation, Defense Week has
learned. Since 1994, the United States has spent $67 million in grants for a
not-for-profit corporation that the Pentagon oversees called the Defense
Enterprise Fund. The fund has invested in jobs such as transforming a former
military satellite-tracking organization in Kazakhstan into a
telecommunications firm. After receiving seed money, the projects (also in
Russia, Belarus and Ukraine) were supposed to attract private capital and
sustain themselves.

The fund's story illustrates the perils of investing in the former Soviet
states, even in the good name of stemming the spread of weapons of mass
destruction. Of the $67 million, the fund spent $24 million on its own
operations and invested $43 million in 13 projects, the Pentagon says. Today,
however, only six of those projects survive and the $43 million investment is
worth less than half that amount, just $19 million.
An August 2000 Defense Department Inspector General audit criticized the
Pentagon's Defense Threat Reduction Agency, which is supposed to oversee the
fund, for inadequately doing so. Shortly thereafter, the Inspector General's
Defense Criminal Investigative Service began its criminal probe, according to
three people familiar with it. They declined to discuss specifics, except to
say that the investigation is examining misuse of government money alleged by
a former program employee.

The Bush administration has taken a hard look at how the United States spends
some $5 billion on programs meant to turn Soviet swords into post-Cold War
plowshares. Some of the programs have been criticized by lawmakers for
mismanagement, despite the destruction of thousands of nuclear weapons.
The defense fund's story may also highlight the risks run by whistle-blowers
like the former fund employee. After he took his concerns to his bosses, he
was re-assigned, then fired, along with others, in 1999. Since then, he says,
he has had trouble feeding his family.

"Today, me and my family (wife and two daughters, aged 7 and 2) are
penniless, and we have lost the apartment we were living in," said the
whistle-blower, a Russian-born U.S. citizen named Matthew Maly, in an email
to Defense Week. "I am sure that I have been blacklisted. ... Aged 42 and
holding degrees from Columbia and Yale, I am unlikely to find a position at
McDonald's." Meanwhile, the man who allegedly mismanaged the program's
assets, Richard Nordin, has been promoted. Formerly senior vice president at
Global Partners Venture (GPV), the fund's first portfolio manager, Nordin is
now president of the Defense Enterprise Fund. A restaurant, an apartment,
envelopes "The serious allegations Mr. Maly has raised ultimately led to the
matter being brought to the attention of the Office of the DoD Inspector
General, where it remains under review," the Pentagon said in a statement to
Defense Week.

Maly's allegations include: � $3 million of the $6 million the fund invested
to convert RAMEC, a Russian military-electronics company, into a maker of
personal-computer products was instead used by a Russian partner to open a
restaurant in St. Petersburg; � $5 million that was meant to go to a project
to recover precious metals from electronic scrap was loaned to Valme
Industries, a French partner, even though fund officials knew Valme was
bankrupt and should have known the project was technically questionable; fund
employees delivered manila envelopes containing up to $500,000 in U.S.
dollars to a former Russian vice premier, Valery Serov, who was lobbying the
Russian government on behalf of MPS-Telekom, a telecommunications project the
fund had invested in; Nordin spent $1 million of fund money on his own Moscow
apartment. Nordin, in an interview, said he didn't punish Maly because of his
allegations. And Nordin dismissed the substance of Maly's claims. "The stuff
that I was personally involved in that he accused [me of] just simply did not
happen," Nordin said. "And the stuff he accused other people of doing, I
don't believe any of this has any merit ... in terms of criminal behavior,
malfeasance and so forth." Nordin says in retrospect, though, that he might
have managed the fund differently.
Robert Odle, an attorney representing the fund's board, said in an
interview that the board thinks Nordin has performed well. Odle's firm
investigated Maly's charges and, he said: "We found no documents, no
evidence, no witnesses, nothing that supports [Maly's] allegations, not one
piece of paper or human being and not any other kind of evidence." However,
because Odle represents the organization under scrutiny, Maly thinks Odle's
review was a whitewash performed, in effect, by the defendant's lawyer.

Exile in Ukraine

Maly's allegations were reported in April by The Moscow Times, an
English-language paper, but have not been published in the United States. The
Defense Enterprise Fund has received no U.S. government money since fiscal
1995. It will exist until 2004, whereupon it will either become
self-sufficient or be dissolved. The Pentagon itself managed the fund's
investments from 1994 to 1998. Then , in 1998, the Defense Department turned
to GPV, the portfolio manager, to steer the investments. Maly says that he
began warning Nordin about shortcomings of the fund's management as early as
1997. For example, Maly says, he urged Nordin to hire a staff lawyer and to
conduct due diligence before investing, neither of which Nordin did, he says.

"After six months of these conversations, Mr. Nordin had enough of me and
sent me to Ukraine, where I spent the next two years," Maly said in an email.
He added that he never got any communications from Nordin, nor any raises,
nor even one of the six-month performance reviews that his fellow employees
got. Nordin counters that he wasn't Maly's supervisor and says he sent him to
Ukraine because he was needed there.

In 1999, Maly took his case to the State Department. In a letter to Amb.
William Taylor, head of U.S. aid programs for the newly independent states,
Maly said the defense fund was misspending federal money and was guilty of
"serious wrongdoing." He laid out the case. A month after Maly wrote the
State Department, he and the other employees of GPV were dismissed, and the
fund's board hired a new portfolio manager, Russia Partners, a unit of New
York City-based Siguler Guff.
Maly says that, until he recently found work advising a Russian gubernatorial
candidate, he hadn't held a steady job since that day in August 1999 when he
was let go.

Ruble and fund collapse

In his letter to the State Deparment, Maly said the fund's misdeeds were
"primarily" the work of Nordin, an Army Ranger and Harvard grad who Maly says
had no experience running investment funds. The Inspector General's August
2000 report did not address any criminal activity but did confirm the losses.
Those included the mere $1 million now left over from $6 million spent to
convert RAMEC, the military-electronics company. The Inspector General said
the losses were partly due to the poor investment climate in Russia after the
ruble's collapse in August 1998. But Maly contends that at least $20 million
of the setbacks were due to mismanagement, not the Russian economy's state.
The State Department's Taylor responded to the complaint, Maly says, by
saying that the matter would be reviewed in a "thorough and impartial"
manner. However, Maly says, the investigation was conducted by Odle's firm,
Weil, Gotshal & Manges, which represented the fund's board. Maly considers
that a conflict of interest. Odle says he wasn't representing the portfolio
manager or its employees, just the board. Today, he represents not only the
fund's board but also the new portfolio manager, Russia Partners.
"We were satisfied that, while there could have been some bad judgement,
maybe some hotels that were more expensive than they needed to be and maybe
some first-class travel that shouldn't have been used ... there were no bad
acts," Odle said of his inquiry. He would not provide a copy of it, arguing
that it is protected by attorney-client privilege. Odle said the fund has
lost so much of its value not because of mismanagement or criminal activity,
but because the Russian economy collapsed in August 1998 just as
congressional funding for the project also dried up.
Nordin said that he originally expected to get $440 million from Congress,
not $67 million. Had he known funding would have been so much less, he would
have invested more gradually and put his own managers in place on large
projects, he said.
Finally, Odle and Nordin said that the decision to fire GPV and hire Russia
Partners in 1999 only weeks after Maly sent his letter had nothing to do with
mismanagement. Russia Partners simply cost less than GPV, they said.
It is unclear how much longer the now year-old Defense Department criminal
investigation of the Defense Enterprise Fund will run. The Pentagon does not
discuss ongoing criminal probes.

John M.Donnely
Spesially for PRAVDA.Ru



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