1

COURT OF APPEALS NOTICE OF ORDER OF AIX-EN-PROVENCE THE HIGH COURT OF GRASSE C.P.C. No. PC03/00083 Office of Mme. Vella Vice-President for **Investigations Pursuant to the application of article 183 of the Code of Criminal Procedure, you are informed that Mr. Leroy, Vice President in charge of investigations, today issued an order of: DELIVERY

Mr. Thierry Nano c/o Guy Lefebvre, Esq. 65, La Croisette Palais Miramar 06400 Cannes

[OFFICIAL SEAL OF THE CLERK OF COURT]

2

COMPLAINT PURSUANT TO PENAL CODE ARTICLES 113-7 et seq. TO THE HONORABLE **[PRESIDING OFFICER] OF THE **INVESTIGATING JUDGES OF THE HIGH COURT OF GRASSE. The undersigned, Thierry Dorian Alain Jeff NANO, born April 14, 1957 at Nice, of French nationality, domiciled in the British West Indies at Kingstown, Palais Claire Dorian, in the State of St. Vincent and the Grenadines. At present residing in Le Commodore, apt. L85, Marina Baie des Anges, 06270 Villeneuve Loubet [France]. Represented by: Guy Lefebvre, Esq., Member of the Grasse Bar, Palais Miramar, 65 La Croisette, 06400 Cannes Whose office is expressly designated as the address of the undersigned for all procedural purposes hereunder (declaration annexed). PRELIMINARY STATEMENT French nationality being a condition precedent to the acceptance of this Complaint for filing, the undersigned proves such status by means of several documents, to wit:

⇒ Copy of his birth certificate, issued on March 7, 2003 by the City of Nice.

⇒ Copy of his **[declaration d’acquisition] signed February 20, 1989. ⇒ Copy of his identity card issued by the French Embassy at Castries on

April 16 1998. ⇒ Copy of his **[livret de famille]. ⇒ Copy of his national service card. ⇒ Copy of his voter’s registration. ⇒ Copy of the insurance coverage card issued by **[la Caisse] of French

residents abroad. Indisputable proof of his nationality having thus been established, the undersigned IS PRIVILEGED TO MAKE THE FOLLOWING DECLARATION: By documents dated October 17, 1990, the undersigned formed New Bank Limited under the laws of St. Vincent, with an authorized capital of EC$3,000,000 (East Caribbean Dollars), such company being entered on the Companies Roll on March 22, 1991, as No. 8 IC 1991, whose corporate purpose was to engage in the business of banking (Annex 8). The undersigned owns all of the issued and outstanding shares of said company, which he manages as the director, with a general power of attorney.

3

Said bank was subject to the jurisdiction of the Vincentian banking authorities, which in the early period of the bank’s activities were various governmental entities, and after 1996 was the Offshore Finance Authority (OFA) which since that time has exercised regulatory authority over banking offenses. The bank carried on its activities under Vincentian law normally until November 2001, although from some time in 2000 onwards, the United States government put pressure on a series of Caribbean nations to give up their policy of bank secrecy in order to help the U.S., notably in its inquiries concerning money laundering and tax fraud. When the State of St. Vincent failed to react favorably to these pressures, the Federal Bureau of Investigation (FBI) mounted an effort to stop, by any means, the activities of the bank belonging to the undersigned, as well as those of other banks operating in the Caribbean area. Thus things stood when, in January 2001, the undersigned was contacted by a former client of New Bank, a certain Richard Downes, domiciled in Spain, who wished to present him with new clients who represented an important group of investors desirous of registering several offshore companies in St. Vincent and opening bank accounts for those companies at New Bank (Annex 9). The undersigned, who at that moment was traveling in Europe, proposed a meeting in Cannes for Friday March 9, 2001 at the Hotel Majestic (Annex 10). Present at that meeting were a man named John Vega, an American, whose real name was John Osa, who it would later be learned was an FBI agent operating in France, as well as in the Caribbean, under a false identity; and a man named Patrick Lochrie, the supposed Irish associate of Vega, who was in fact a former Irish terrorist then in the service of the FBI in Europe and the Caribbean (Annex 11). Said two agents stayed at the Noga Hilton Hotel in Cannes from Thursday March 8 to Saturday March 10, 2001, under either their false names or their real names (Annex 12). The discussion focused primarily on the regulation of offshore banks in St. Vincent and the Grenadines (under the International Business Companies Act 1996) as well as its laws for offshore bank accounts. The two agents complained about the poor services rendered by banks domiciled in Dominica and Grenada, and confirmed their wish to deal thenceforth with New Bank for all their group’s requirements. Patrick Lochrie held himself out as well as an internet specialist, a provider of offshore services and at the same time a raw materials and precious metals trader. His internet site was named “Redhen”.

4

John Vega held himself out as the representative of a group of important investors with offices in Ft. Lauderdale, Florida (Annex 13). Vega used a cellular telephone with the number +1-954-410-5235. Lochrie used a cellular phone with the number +353-872-558276. The undersigned was thus the victim of a true police entrapment operation organized by FBI agents working on French territory under false names: acts punishable under the French Penal Code. While traveling in Florida, the undersigned met John Vega and Patrick Lochrie in Ft. Lauderdale at the beginning of May 2001, in the office of CRS Consultants on Las Olas Boulevard (photocopy of John Vega’s business card annexed). The meeting dealt with the proposed creation of a thousand offshore companies, which would generate annual revenues of approximately US$700,000 for New Bank Ltd. On this occasion, John Vega began by soliciting an agreement for four transactions based on offshore invoicing addressed to American companies, with the understanding that the invoiced amounts would be paid through a prime American bank and that the sums in question would then be re-invoiced by American companies, in each case well-known **de la place. New Bank Ltd. Was to receive a commission of 7% on each of these transactions, half of which was to be rebated to John Vega. Even though he did not work in that area of business, the undersigned accepted and so it was that the first invoice, for US$40,000, was issued on May 11, 2001 by an offshore company, Holiday Marketing Grenadines Ltd., to R.J. Consulting of Dallas, a company whose name was furnished by John Vega (Annex 14). The transfer was made and John Vega re-invoiced Holiday Marketing through CRS Consultants on May 21, 2001, in the amount of US$37,200, payable through a Miami bank, which left a commission of US$2,800 to Holiday marketing, of which US$1,400 was paid to John Vega in cash (Annex 15). John Vega also solicited Thierry Nano several times to effect transfers of dollars in the form of bank notes, which the undersigned categorically refused to do. On May 29, 2001, John Vega made another request for a bank wire transfer, this time in the amount of US$110,000, which took place under the same conditions (invoice dated June 4, 2001) (Annexes 16 and 17). On June 10, 2001 John Vega and Lochrie went to St. Vincent to meet the undersigned on June 11 in his private home and on June 12 in the office of

5

New Bank Ltd., where they were given account opening forms as well as application forms for American Express cards. On June 27, 2001, a new wire transfer of US$115,000 took place, again with the same invoicing (Annex 18). At each meeting the undersigned asked Vega where the matter of the creation of a thousand offshore companies stood. After the events of September 11, 2001, John Vega renewed contact with the undersigned to set up a meeting in the Caribbean for around November 5. On November 7 John Vega met once more with the undersigned at his home in St. Vincent, to ask him a favor: a new transaction to be completed within a maximum of 48 hours. Vega stipulated that this time the goal was to transfer US$250,000 from Chase Manhattan Bank to SunTrust Bank, for the benefit of CRS Consultants. In view of the short time frame, he offered to increase the commission to 10%. It was in reference to this final transaction of November 7, 2001 that the FBI agent, under his real name, John E. Osa, swore out an affidavit according to which the final transaction fell within the parameters of U.S. anti-money laundering laws, for the sole reason that, according to him, Osa had stated to Mr. Nano during the November 7 meeting that the funds might have a fraudulent origin, specifically, that they might be proceeds of a Ponzi type of investment scheme, a statement that Osa claimed to have recorded secretly during the meeting. On the basis of that affidavit, an Assistant United States Attorney Capone, in Miami, instituted criminal proceedings against the undersigned for money laundering, and an international warrant for his arrest was immediately issued, on November 13, 2001. The undersigned avoided arrest under the warrant by the chance circumstance that he flew as scheduled from Fort de France (Martinique) to Paris on November 18, on a ticket purchased in France on November 4, 2001 (Annex 19). Proceeding on the legal basis of the Vega affidavit, the U.S. embassy in Bridgetown, Barbados issued a diplomatic note requesting that the government of St. Vincent aid in arresting and extraditing the undersigned for money laundering, within the framework of the agreement between the two countries for mutual assistance in law enforcement (Annex 20). On November 27, 2001, a private aircraft was chartered by the U.S. government, with seven FBI agents aboard, among them John Osa, plus two pilots (flight plan attached as Annex 21).

6

In the execution of a completely illegal commando mission, the agents deplaned in St. Vincent and proceeded to carry out detailed searches of the bank premises and seized a number of **pieces and documents, inventoried in a very general, summary fashion (Annex 22). The files of the bank and its clients, computers, hard drives and the contents of bank safes were taken and transported to Miami on the U.S. government-chartered private plane, in spite of judicial decision in St. Vincent forbidding their export from Vincentian territory (Annex 23). The undersigned then sued in St. Vincent for conversion and the illegal exportation of valuables, ** pieces and documents. After a time, the government of St. Vincent designated a Manager for the bank, in the person of Harold Russell, under the authority of Louise Mitchell, the Acting Offshore Finance Inspector, who is also the daughter of the former Prime Minister, himself an important debtor of New Bank Ltd. Russell acted as Manager for two months, sufficient time to assure the resignation of all bank employees and the impossibility of carrying on bank functions. His secret report was delivered to the Attorney General of St. Vincent, who on the basis of the report requested the appointment of a liquidator of the bank, in the person of one Marcus Wide, a member of the firm of PriceWaterhousCoopers, 1899 Barrington St., Suite 600, Halifax, Nova Scotia, Canada B 3J 3K8 (Annex 24). The undersigned immediately appealed that decision. The appeal did not stop the liquidator from immediately commencing operations, or from bringing an action against a Jersey corporation, Sunny Caribee Hotel Plantation Limited, which owns an important hotel property controlled by the family of the undersigned. The undersigned later brought suit for damages in New York against the liquidator. All such proceedings are in progress. According to further documents annexed hereto, it appears that the above described John Osa proceeded in the same way against other persons, specifically: - Julien Giraud and Bryan Boger pursuant to an affidavit dated

November 5, 2001 (Annex 25). - Richard Downes and Pamela Butson pursuant to an affidavit dated

November 5, 2001 (Annex 26). - CNN reported the closing of 20 banks in Grenada. - Several other banks in the Caribbean suffered the same fate.

7

As a result of the fraudulent acts of American FBI agents, carried out notably by Susan Rushing Chainer, herself an FBI agent attached to the American embassy in Barbados; by certain officials of the government of St. Vincent, among them Ralph Gonsalves, Prime Minister and Minister of Finance, as well as a debtor of the bank; and finally by the liquidator, Marcus Wide, the undersigned, a French national, suffered serious damages, not only material but also moral. On the moral level, it must be recalled that the undersigned lives under the cloud of an international arrest warrant issued by the American authorities for what they claim was money laundering, and even more surprisingly, for claimed ____** faux and use of a false passport; which not only deprives him of freedom of movement but also throws irreversible discredit on his reputation. On the material level, the damages are incalculable, for him and for the clients to whom the bank is answerable. A simple reading of the bank’s balance sheet shows that the undersigned lost more than US$3,200,000, on account of frozen investments, **after amortization, without taking into account the intrinsic value of **fonds de commerce that generated important revenue for him. To that must be added the loss on **stocks option, still to be determined, as well as the valuables kept in the bank’s safes which can be enumerated as follows (subject to correction): - the doubles ** of all keys to the safes and the master keys to all the

clients’ safety deposit boxes; - 30 watches bearing the New Bank logo, in 18-carat gold, with a value

of US$5,000 per watch; - 50 watches bearing the New Bank logo, in 18-carat gold, with copper

bracelets, with a value of US$1,500 per watch; - 25 watches in 18-carat gold, with a value of US$5,000 per watch; - approximately 100 kilograms of credit card holders in heavy silver,

bearing the NBL logo; - 250 Krugerrand coins in plastic protective covers; - approximately US$10,000 in American Express travelers checks; - valuables and other objects deposited by clients, still being identified; - stock certificates of IMISA, held for safekeeping by the bank for the

account of its clients, representing 9,572,469 shares of a value of US$8.02 per share, according to an appraisal prepared by Coopers & Lybrand, dated July 18, 1996, with an aggregate value of US$76,771,201.38.

- IMISA share certificate no. 4814, belonging to the undersigned; - Certificates for a total number of IMISA shares still to be determinied.

The undersigned also maintained a personal safety deposit box in the bank, which contgained:

8

- the sum of approximately US$350,000, in different currencies; - iMISA share certificates worth approximately US$10 million; - diamonds weighing between 1 and 3.5 carats, with an overall value of

approximately US$1,500,000; - 12 collectors’ item watches, with an overall value of approximately

US$150,000; - Various jewels, UBS-stamped gold ingots and gold coins, with an

overall value of approximately US$120,000; - Various files and video and audio recordings, concerning loans

extended to politicians and ministers of St. Vincent, all the foregoing being subject to correction and amendment for errors or omissions.

****** *** *

The FBI agents’ infiltration onto and activities conducted under false names on French national territory, as well as in St. Vincent and in Florida, was plainly designed as an illegal provocation and ** entrapment. Agent John Osa incited the undersigned on several occasions to commit a crime, which he created out of whole cloth with his own statement ** sur l’honneur concerning the alleged fraudulent origin of funds. The bank was pillaged in the course of a paramilitary commando operation, which unfolded under completely fraudulent conditions, not only in contravention of the laws of St. Vincent, but also in the face of a court order of that country’s judiciary. For all the reasons set forth above, the undersigned, of French nationality, has a right to the application of the provisions of Art. 113-7 of the French Penal Code, which authorize him to file a complaint against foreign nationals on the basis of criminal acts committed outside the French national territory. He files this complaint, declaring himself an aggrieved civil party, against John Osa (alias John Vega) and Patrich Lochrie, as well as against all other principals in the acts and their accomplices, for theft, fraudulent destruction, **faux, usage de faux and for illegal entrapment (Art. 121-7 of the French Penal Code). By this complaint he also names Marcus Wide, Susan Rushing Chainer, Ralph Gonsalves and Louise Mitchell as defendants, on the same facts as those alleged against the principals and their accomplices, as well as against the State of St. Vincent of which certain ministers are debtors of the bank.

9

It is clear from the facts presented here that the State of St. Vincent, or at least certain of its officials, seeks to profit from American criminal procedure to attempt to appropriate the properties of the undersigned in the islands. In this regard, the undersigned annexes hereto the letters addressed by him to the French embassy on September 8, 2000, when he had a premonition of what might happen to him, and later on April 13, 2002, both of which remained unanswered (Annexes 27 and 28). The undersigned estimates, subject to correction, his damages to be in the amount of 10,000,000 Euros. Done at Grasse, on April 22, 2003. LIST OF DOCUMENTS ANNEXED

1. Copy of Mr. Nano’s birth certificate, delivered March 7, 2003 by the City of Nice.

2. Copy of his declaration of purchase signed February 20, 1989. 3. Copy of his identity card delivered by the French Embassy at Castries

on April 16, 1998. 4. copy of his **livret de famille 5. Copy of his national service record 6. Copy of his voter registration card 7. Copy of his social security card issued by the French office of French

residents abroad 8. Excerpt from the Companies Register for New Bank Limited 9. Fax dated January 25, 2001 from Downes to New Bank Ltd. 10. E-mail dated January 31, 2001 from Nano to Downes 11. Lochrie information file 12. E-mail dated March 15, 2001from Lochrie to Nano 13. John Vega business card 14. Holiday Marketing invoice dated May 11, 2001 15. CRS invoice dated May 21, 2001 16. Holiday Marketing invoice dated May 30, 2001 17. CRS invoice dated June 7, 2001 18. Holiday Marketing invoice dated June 27, 2001 19. Airline tickets 20. Diplomatic Note from the U.S. Embassy dated November 16, 2001 21. Flight plan for November 27, 2001 22. Summary of items seized on November 27, 2001 23. Injunction dated November 27, 2001 24. Appointment of Marcus Wide 25. Affidavit dated November 5, 2001 26. Affidavit dated November 5, 2001 27. Nano letter of September 6, 2000 to the French Embassy in St. Lucia 28. Nano letter of April 13, 2002 to the French Embassy in St. Lucia

10

COURT OF APPEALS OF AIX-EN-PROVENCE - THE HIGH COURT OF

GRASSE [leave blank]