Farhad Azima has been embroiled in a legal battle with Rakia after their relationship turned sour. AP
Farhad Azima has been embroiled in a legal battle with Rakia after their relationship turned sour. AP
Farhad Azima has been embroiled in a legal battle with Rakia after their relationship turned sour. AP
Farhad Azima has been embroiled in a legal battle with Rakia after their relationship turned sour. AP

Iranian-American aviation magnate ordered to pay $8m after losing RAK fraud case


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An Iranian-American aviation tycoon faces a bill of more than $8 million (Dh29.4m) after losing a bitter fraud and bribery legal battle with the sovereign wealth fund of Ras Al Khaimah.

Farhad Azima was ordered on Friday to pay costs and interest that will double the $4.1m damages bill he faces after a judge found against him in May over a business dispute with the fund.

Mr Azima was told he had six weeks to pay the bulk of the funds after a judge told him he had given evidence “which I found to be dishonest”.

The judge said that Mr Azima could not appeal his ruling and that he had little prospect of success.

A statement from the Ras Al Khaimah Investment Authority said “this decision is another victory in this fight against fraud.”

“The disgraced US airline operator ... At a trial in London earlier this year ... was found to have made fraudulent misrepresentations, bribed a public official and conspired to defraud Rakia."

"The Government of Ras Al Khaimah is continuing to recover stolen assets of the Emirate. It is committed to bringing to justice those who have misappropriated public funds from the Emirate and its people," Rakia said. 
Mr Azima, who lives in Kansas in the United States, is understood to have sold assets and properties to fight the case. He also put up for auction a Concorde jet nose cone that was displayed in a glass hangar in his garden.

The case was part of a broader battle centred on reputed losses of some $2 billion while Rakia was under the control of Khater Massaad, a Swiss-Lebanese citizen and a close associate of Mr Azima.

During his seven years as chief executive, Mr Massaad poured $2 billion of government funds into overseas acquisitions.

In late 2012 the fund found that he had “perpetrated systematic and wide-ranging frauds” and was responsible for losses of $2 billion, the London court heard.

Mr Massaad is currently in Saudi Arabia and is wanted by the UAE, which found him guilty of financial crimes during trials held in his absence.

Lawyers for Rakia claim that Mr Massaad engaged his close friend and associate Mr Azima to “wage war on the RAK Investment Authority” after 2012 as part of the long-running struggle. Mr Azima had denied the claim.

During the trial, lawyers for Rakia had cited documents leaked on the internet after a hack of Mr Azima’s electronic devices.

Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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Our legal columnist

Name: Yousef Al Bahar

Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994

Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers

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