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Trafigura accuses Gupta weaving an incoherent web for $600 million nickel scam

Lawyers at Trafigura said that Prateek Gupta’s claims that the group devised a secret plan to exchange expensive nickel for low value metals are full of contradictions. The Indian businessman was giving evidence in an ongoing fraud case.

Trafigura, a Swiss commodity trader, sued Gupta two years ago. It claimed that he was behind a scam where he and his firms agreed to deliver pure nickel but instead delivered scrap steel or other metals.

Gupta countered by claiming that Trafigura staff themselves designed the scheme at the heart of the case. Trafigura, however, has denied this claim repeatedly.

Gupta, who was testifying for the very first time in court, said that he thought the Trafigura executives had approved the scheme of substitution.

Nathan Pillow, Trafigura's lawyer at the London High Court said: "You lie." Why would it be necessary to keep it secret if the decision was made at the highest level?

Gupta said that a small group would be discussing the operation of the scheme. He was testifying remotely, from Dubai, where he resides.

Pillow asked Gupta why he said that the material to replace nickel should be stainless steel. He also suggested including stainless, which is not similar to nickel.

Pillow told Pillow, "The story that you have given is nonsensical and incoherent."

Gupta stated, "I just followed the instructions (from Trafigura)."

Pillow replied, "You can't tell the truth and say that none of this happened."

TRAFIGURA ALLEGES HISTORY FRAUDULENT ACTIVITY

Trafigura's lawyers had earlier accused Gupta that he had been involved in fraudulent deals before the alleged Trafigura fraud.

Gupta admitted that he was under investigation in India for fraud, but denied all allegations.

Pillow cited other fraud cases in which low-value metals were substituted with nickel, but Gupta claimed he wasn't aware of the practice.

Other fraud cases included commodity broker Sucden Financial Ltd, and U.S. Trading House Kataman Metals LLC.

Pillow said to Gupta, "It's a fact that you are an expert in dealing with fraudulent bills of Lading."

Gupta, a member of Gupta’s UD Group in India, is being investigated for bank fraud, he confirmed. The investigation is in relation to Ushdev International Ltd.

Trafigura made its first metals deals with Gupta, in 2014, with Ushdev. Ushdev later experienced financial problems, declared bankruptcy in 2018, and is now under the control of insolvency professionals.

Trading with an aggressive approach

Gupta countered the claim that Trafigura staff devised a secret plan, stating he was told in 2019 to dramatically increase nickel trading by Sokratis oikonomou, then Trafigura's head nickel trader.

Gupta stated in a court filing that "Oikonomou's trading approach and outlook was aggressive and he wanted to expand Trafigura nickel trading operations to a dominant position in the market."

Oikonomou denies he is involved in the fraud. He also says that the increased trading volume with Gupta was modest when compared to Trafigura nickel's overall operations. Trafigura terminated Oikonomou’s employment in January of 2023.

Harshdeep Bhattia, a Trafigura trader based in India, told Gupta that Trafigura was looking to increase trade volume to 50,000 tons of nickel per year, which is about three times the previous amount.

Bhatia did not reply to an email request for comments. He no longer works at Trafigura.

Gupta stated that the large amount of pure nickel at the time was worth $625 million and would prove difficult to obtain. It could also be problematic for credit insurance limits. (Reporting and editing by Jan Harvey; Eric Onstad)

(source: Reuters)