US$3M Claim Backfires In MOTC Case – A Rejoinder

Her Honor Judge Eva Mappy Morgan Chief Judge Commercial Court Temple of Justice

Our attention has been drawn to the Friday, March 2, 2018 edition of the Inquirer News Paper which carried a Back Page story under the above mentioned caption in which the writer who claims to have reviewed the case file in the case MOTC vs Amos Brosius currently pending at the Commercial Court, Temple of Justice, Monrovia undetermined, also claims to have found out that “There seems to be no evidence showing that the Commercial Court Judge, Eva Mappy Morgan was in control of an alleged US$3M transaction as claimed by Mr. Amos Brosius.”

The writer of the story tried to echo the denial of the Chief Judge of the Commercial Court Her Honor Eva Mappy Morgan that huge withdrawals of funds belonging to Ducor Petroleum, Inc. have been made from Ducor Petroleum, Inc. bank account no. 0221215153401 housed at Liberia Bank for Development and Investment (LBDI) that was frozen by the Commercial Court on 15 July 2013 based on the voluntary agreement of Amos Brosius and MOTC.

Mr. Amos P.K. Brosuis, Chief Executive Officer, DPI

In its story which runs contrary to the facts in the case, the paper reported that my lawyers and I have contended that “the transfer or diversion of funds belonging to Ducor by MOTC in the sum of US$3.4 Million for products supplied to Firestone Rubber Plantation was executed upon the directive(s) of MOTC from Ducor’s Account Number 110-12-001471 held with Global Bank without the approval of Mr. Brosius’ Ducor Petroleum between October 2006 to December 2009.” The paper continued by stating that “Interestingly, the Commercial Court was not established at that time the alleged transaction took place.” It is carried further in the paper that the Commercial Court was established in September 2010.

First of all, let me state categorically that at no time did I or any of my lawyers claim that Ducor Petroleum, Inc. has a bank account at Global Bank. Ducor under my administration did not open any bank account at Global Bank. Therefore, under no circumstances could I have made such a  claim when I am fully aware that such bank account does not exist. Therefore, I do not know where the court or the writer is coming from with such document.

As stated in many of our documents, the withdrawals were made by the instance of the lone Judge Eva Mappy Morgan then knowingly presiding over a case that involves a monetary value of more than US$1,000,000 (More than One Million United States Dollars) contrary to Article V(2) of the Act that Established the Commercial Court. That said withdrawals took place between 15 July 2013 when the lone Judge Eva Mappy Morgan ordered the President of Liberia Bank for Development and Investment (LBDI) to freeze Ducor Petroleum, Inc. bank account number 0221215153401 housed at LBDI, to Present.

On the issue of MOTC requesting the Commercial Court to withdraw money from an escrow account at Afriland First Bank, this places me at a lost in that, at no time did I ever participate in the opening of an escrow account from which payments pertaining to our case shall be sourced. In fact, there was no need to open an escrow account for Ducor or transact on behalf of Ducor from an escrow account in that,  Ducor Petroleum, Inc. bank account nos. 0061014700164101 & 0061014700164102 housed at Ecobank  and Ducor Petroleum account no. 0221215153401 housed at Liberian bank for Development & Investment (LBDI) were placed under the control of the Commercial Court with full powers to control said accounts given to the lone Judge Eva Mappy Morgan who presided over the case at the time. That with effect from 15 July 2013, a mandate was given to the managements of the above mentioned banks that “any and all transactions pertaining to said accounts must be accompanied by a letter signed by the Chief Judge of the Commercial Court of Liberia Her Honor, Eva Mappy Morgan, authorizing the said transaction(s).” Therefore, Judge Eva Mappy Morgan needs to explain the legal justification for opening  a fourth (4th ) account for Ducor at Afriland First Bank given the facts mentioned above.

That the objective of the newspaper story is to mislead the public with deliberate falsehood is plainly evident in the statement of the writer that “MOTC requested the withdrawal  of US$76,600.00 from the escrow account which represented  the amount paid on Ducor’s account for two dishonored checks issued by Ducor that were paid by MOTC on Ducor’s behalf to the Jackson F. Doe Hospital, which checks were dishonored for insufficient funds as can be clearly seen from the records of this case.”

Jackson F. Doe Hospital, was a customer of Ducor who bought petroleum products on credit and paid thirty (30) days later from the date of invoice. How then does it make business sense that MOTC will pay US$76,600.00 on Ducor’s behalf to a hospital that is indebted to Ducor? This was clearly another trick to siphon money from the Ducor account to pay MOTC and its lawyers. For the records, Ducor Petroleum, Inc. under my administration was a rich company prior to the injunction placed on me by the lone Judge Eva Mappy Morgan who ignored my bond of US$4,000,000.00 filed in keeping with law and instead, entered into an agreement with lawyers to prohibit me from operating my own company. Besides, at no time Ducor under my administration ever became indebted to Jackson F. Doe Hospital for which MOTC needed to pay said hospital on behalf of Ducor Petroleum, Inc.

It is a welcomed idea that Judge Eva Mappy Morgan has elected to open the MOTC vs Amos Brosius case file to the press. However, the best way judge Eva Mappy Morgan can prove her innocence regarding the over US$3.4M withdrawals made from Ducor Petroleum, Inc. bank account no. 0221215153401 housed at LBDI is for the Commercial Court to order that the managements of LBDI and Ecobank publish an up to date account statement of Ducor Petroleum, Inc. for no. 0221215153401 housed at Liberia Bank for Development and Investment (LBDI) and account nos. 0061014700164101 & 0061014700164102 housed at Ecobank covering the years 15 July 2013 to March 2018 in the media and debit the account of Ducor Petroleum, Inc with the cost of said publication.

Source: Mr. Amos P.K. Brosuis

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About Cholo Brooks 6609 Articles
Joel Cholo Brooks is a Liberian journalist who previously worked for several international news outlets including the BBC African Service. He is the CEO of the Global News Network which publishes two local weeklies, The Star and The GNN-Liberia Newspapers. He is a member of the Press Union Of Liberia (PUL) since 1986, and several other international organizations of journalists.