A Belgian Profile
(A free translation from Hebrew. The original article published May 8, 2014 by Shay Aspril an investigating reporter of Calcalist a publication of Yediot Aharonot, the most popular newspaper in Israel)
Robert Arckens
was a Belgian businessman who lived with his family
in Brussels. Simultaneously, he was also the life partner of Tina Maimon,
who bore him three children. Tina is the sister
of Kobi Maimon, a mysterious tycoon who is considered the owner of a
business empire, despite
not being registered as its owner. In reality,
Haim Tsuff, a good
friend of Kobi Maimon’s, is the individual registered as the owner of this business
empire.
But Arckens'
heirs claim that their dead father is actually the real owner
of the Empire, and that his shares were illegally and improperly transfered to Tsuff. As proof, Arcken’s
heirs attached the deposition of Robert Arckens
's mistress, who was with him on the yacht
on the day of his death,
to the lawsuit that they filed against
Tina and Tsuff.
Kalkalist’s reporter went to
Belgium and returned
with a dramatic, intercontinental tale that is worth billions, and that culminates in the control
of the Tamar gas reserve.
Shay Aspril, Brussels
Pictured, left to right:
FIRST ROW:
Robert Arcken’s mistress
(not pictured) was with Arckens on the yacht
on the day of his
death. She has stated
that he did not meet with Haim Tsuff on the evening
of his death.
SECOND ROW:
Fredericks Arckens, Robert Arckens’ widow. Died in 2012. Her hcildren are suing for the
ownership of United Kingsway, claiming
that Arckens never
transferred the ownership in the company to Haim Tsuff.
Robert Arckens, a Belgian businessman. Died in 1997 on his yacht. Was registered as the
owner of United Kingsway, a company worth billions today.
Simultaneously maintained
romantic relationships in Belgium and in Israel.
His family in Belgium claims
that his ownership in the company
was hidden from it for years.
Tina Maimon : The sister of Kobi Maimon
and hte life partner of Arckens, who was
simultaneously married to Fredericks. The two have three children
together. She is being sued
by the Belgians, who claim that she hid information from them.
THIRD ROW:
Genevieve, Dominique, and Phillip Arckens
(the three children of Robert and Fredericks
Arckens)
The three
Israeli children of Robert Arckens
and Tina Maimon
FOURTH ROW:
Yuval Ran, the owner
of Israel Credit
Lines, which collapsed. A partner in a questionable transfer of the oil companies to United Kingsway.
He was a past business
partner of Haim Tsuff and Kobi Maimon,
and is today an enemy of theirs.
United Kingsway: A company
registered in the Bahamas, which
currently stands in the
middle of the intercontinental conflict. Controls an international empire
of energy and real
estate companies, including
partners in the Tamar gas reserve, Natzba,
and Airport City.
Haim Tsuff:
The registered owner of United Kingsway.
Claims that he purchased the shares
from Arckens on the day of his death. Was added by the Belgian
family to the lawsuit they filed against Tina Maimon.
Kobi Maimon: “The tycoon
with no assets”. He is considered to be the real owner of the
“Maimon-- Tsuff " group,
although he is not registered as the owner
or as a position holder in any of the companies. He is a good friend
and business partner
of Haim Tsuff.
FIFTH ROW:
Itzhak Miron : The receiver of Israel Credit
Lines. Secretly signed
a cooperation agreement
with the Arckens heirs in Belgium.
Today they threaten
to sue him, claiming that he used information that they gave him against
their agreement for him to do so.
Chapter 1 : A Surprise at the Funeral
On Monday, August 4, 1997, amid hot and humid weather,
a few dozen people came
to the church of Kraainem on the outskirts of Brussels. The participants came to the wake of a
Belgian businessman (Robert
Arckens), who died the week before as a result
of cardiac arrest while he was on his ship in the Bourgogne Canal in France.
After the ceremony
many mourners went to shake hands
with members of the family,
which consisted of the widow Fredericks Arckens and her three children
Philip, Dominique and Geneviève, then in their
30s.
Also attending
the event was a dark good looking
woman, who was unfamiliar to most
of the attendees, but who was all too familiar
to the Arckens family. Her name was Tina
Maimon, and she was the sister of the mysterious Kobi Maimon. She came to the ceremony accompanied by a nine-year-old girl and a stocky man of about 40. The family members
were aware that Tina had a relationship with Robert Arckens,
while he was married to Fredericks.
The young girl accompanying Tina Maimon was one of the three children that she shared
with Robert Arckens, who frequently flew from Belgium
to Israel to be with Tina Maimon
and the children.
After the ceremony Tina Maimon spoke
to Philip, Robert Arcken’s oldest
son, and her the
half-brother of her daughter. "I
want to introduce you to a good friend of your father’s," said Tina to Phillip,
gesturing towards the man who was approaching.
"Hello, I am Haim Tsuff," said the man to Philip,
who had never met him before. "I would like to offer my condolences, I was a close friend
of your father’s." Philip asked
Tsuff how he knew his father,
and Tsuff replied
that after said they frequently did business together,
and that Robert was an outstanding businessman. After a few more comforting words, Tsuff
left.
Tina remained
at Phillip’s side, and began
asking him questions whose meaning he did
not understand. For example, Tina inquired whether
any documents were found on La Marica
De Bleharies, the ship on which Phillip’s father died. Surprised
at the question, Philip
responded that his father did not leave
any documents on the ship. Tina dismissed
his confusion by making
a general statement
about his father's
business in Israel,
and eventually left the church with her daughter
and Tsuff.
Robert Arckens.
After four years of court battles, the Arckens family
agreed to pay $450,000
to the children of Robert Arckens and Tina Maimon.
Chapter 2. A Dramatic Encounter at the Apartment
Two months later, on October 15, Tina Maimon,
accompanied by her brother Kobi, knocked on the door of Fredericks Arckens on Avenue
des Tourterelles in Brussels. The reason for the unexpected visit was the contract that the two women had signed a week after the funeral. The agreement committed Fredericks to pay Arckens’
three Israeli children
a monthly sum of $6,000. After
Tina and Kobi entered the house, the discussion quickly
turned into a heated
argument.
According to the oldest
son Philip, and the family's
lawyer Bernard Maingain
(from
the Belgian Xirius law firm), who were updated
on the visit as soon as it ended, Kobi Maimon
claimed that the monthly funds
that his sister
was receiving were insufficient. As a result, Bernard Maingain set up a meeting
between the four involved individuals to straighten things out.
The meeting
took place one month later, at the Au Relais
restaurant in Brussels.
The lawyer Bernard Maingain, Phillip Arckens, Kobi Maimon, and an additional lawyer that Maimon had hired, attended
the meeting. Throughout the meal, Maingain
and Phillip attempted to claim that the $6,000
that the family
had been transferring monthly to Arckens’
Israeli children
was a fair sum. According
to them, Maimon
claimed that Robert
Arckens had
additional assets, which the family was hiding from his sister
Tina.
Maimon’s recently hired Belgian lawyer
(name withheld) also tried to persuade
Maimon to accept the monthly
sum that the family had been transferring to Tina. According to Bernard Maingain and Philip, Maimon
was quick to respond: he fired his lawyer on the
spot.
Phillip Arckens
recounts that after the newly-fired lawyer left, Kobi Maimon looked into his eyes and said: "I
am very rich, and I can hire the best lawyers in Belgium. I will make sure that the Arckens
family will lose all of its assets". Maimon then got up and left.
Several months
later, Tina Maimon
and her three children filed a claim
on Arckens’ estate. Kobi Maimon, Tina’s brother, funded
her legal expenses.
After four years of bitter fighting and accusations, and several judicial
decisions, the parties
reached a settlement: the Arckens family would pay a one—time payment
of $450,000 to the children
of Tina and Robert Arckens. The settlement was approved in court in Belgium and then in Israel, and both
sides declared that each had revealed to the other
party any and all information known to them regarding the assets of Robert Arckens.
Chapter 3. A Death on the Yacht
Before we continue discussing the plot of the saga, it is important to take a moment to understand what is the hidden meaning
of this intercontinental, familial dispute.
A "Calcalist" investigation last January revealed
the fact that Arckens’ heirs in
Belgium were to file a lawsuit against
Haim Tsuff, centering on a dramatic
claim: the United Kingsway shares did not belong to Tsuff, but in reality
belonged to the Arckens family. United Kingsway, as shown in the accompanying diagram,
controls many shares
in a huge business empire. Is the controlling shareholder of Equital,
which also controls
a network of public and private companies, including the large real estate
corporations Nitzba and Airport
City, and energy companies with inexhaustible potential
such as ISRAMCO Inc., Nafta Expeditions, HNL Dead Sea, and the crown jewel:
the Israeli company
ISRAMCO, through which the United Kingsway
holds 29% of the Tamar gas reserves.
The Empire at the Heart of the Conflict
First Row: Haim Tsuff (in red)
Second Row: From left to right: The Livnat family, United Kingsway
Third Row: Y.H.K.
Fourth Row: Equital
Fifth Row: Yoel
Sixth Row: From left to right: Airport City, Nafta
Seventh Row: From left to right: Natzba Holdings, Isramco, Isramco Inc. (oil wells in the United States) Eighth Row: The Tamar gas reserve
Third Row: Y.H.K.
Fourth Row: Equital
Fifth Row: Yoel
Sixth Row: From left to right: Airport City, Nafta
Seventh Row: From left to right: Natzba Holdings, Isramco, Isramco Inc. (oil wells in the United States) Eighth Row: The Tamar gas reserve
It is important to note that the oil and energy corporations previously belonged to the Yuval Ran’s company, Israel Credit Lines. After Israel Credit Lines collapsed, they were transferred in a questionable transaction to the United Kingsway, and are still held by it today.
There is no dispute over the fact that Robert Arckens was presented to the authorities in Israel and abroad as the shareholder of United Kingsway. There is also no dispute about the fact that Haim Tsuff is currently registered as the owner of the company. The question being disputed is how and under which circumstances the shares were transferred to Haim Tsuff.
There is no dispute over the fact that Robert Arckens was presented to the authorities in Israel and abroad as the shareholder of United Kingsway. There is also no dispute about the fact that Haim Tsuff is currently registered as the owner of the company. The question being disputed is how and under which circumstances the shares were transferred to Haim Tsuff.
The central
claim of the Arckens family’s
heirs is that these shares
were never actually purchased from Arckens, as Tsuff reported.
At the meeting that I held with members
of the Arckens family three weeks ago at the Xirius law firm in Brussels, the family members
did not hesitate
to attack Maimon
and especially Tsuff, the registered shareholder of United Kingsway,
who declared several
times to the authorities that he acquired
the control of Arckens’ company
before Arckens’ death. "Haim Tsuff could not have purchased
the shares because
my father was on his yacht, in the
trenches of France, two hours
away from the city of Auxerre, in a very difficult to reach area, with a witness who spent the day with him," explained Philip Arckens, 52, and began
to show me many documents.
The Tamar drilling rig. United Kingway
owns 29%.
All documents that Phillip showed
me were recently
attached to a lawsuit filed by the family in a Belgian
court against Tina Maimon and, in addition,
against Haim Tsuff.
The family sued Tina, claiming that she hid the existence of United Kingsway
when the settlement between the families was approved in 2003. The lawsuit mentioned
Haim Tsuff as well,
stating that "while Mr. Haim Tsuff
presents himself as the sole shareholder in United
Kingsway, prosecutors are certain
that he is merely an impostor, an individual who pretends
that these shares belong to him, despite
the fact that he never purchased them from the late
Robert Arckens... Haim Tsuff took advantage of Arckens’ death,
and of Arckens’ legal heirs’ unawareness of the existence of this property, in order to claim that he is the sole shareholder
in United Kingsway, for which
he never paid, and which
he never purchased ... ".
In the lawsuit filed by the Arckens’ family,
the court is requested to cancel the agreement signed with Tina, to determine
that the shares
of United Kingsway
belong, in fact, to
the Arckens’ Belgian
heirs, to award the Arckens
family 10 million
euros for immediate damages, and to appoint
an expert to estimate the value of the United
Kingsway shares. The lawsuit mentioned that in the past, the shares
of United Kingsway
were valued at a total of 800 million euro (it is important to note that this valuation sounds almost excessive, considering the value of the public
companies in the group. Regardless, this was not the value of
the shares at the time of Arckens’
death, which was much lower).
The first hearing
in the lawsuit will be held in one week.
Attorney Bouvier
(on the right),
Attorney Miron
(in the lower left corner), and Phillip Arckens.
“ The family will not allow
its property to be
stolen once again. ”
Chapter 4. Google Finds the Dead
Grandfather
At this point, we can return
to the main story and ask - where
was the Belgian
Arckens family all these years? Why didn’t it demand its rights to United Kingsway,
which it claims belongs to it? Is it possible
that the family
never suspected that the head of the family, Robert, was the owner of United Kingsway?
During the long interview
in Brussels, it was revealed
that there was one point
in time, when the Arckens family
was close to making a discovery. In 2003, when Charles, Robert Arckens’ 12 years old grandson, surfed
the Internet and "Googled" his dead grandfather's name. The young grandson, currently 23 years old, joined
the interview as well, and told me that
his Google search lead him to the Securities and Exchange Commission, where he read that
"the director Tina Arckens is the wife of Robert Arckens, the controlling shareholder of United Kingsway...".
This sentence
was taken from the March 1997 report
of ISRAMCO Inc., one of the
companies controlled by the United
Kingsway, and signed
by its then—Chairman of the Board
Haim Tsuff. Young Charles, who did not understand the meaning of the his finding,
revealed it to his mother
Geneviève, Robert Arckens’
middle child, who then turned to the lawyer Bernard Maingain. Maingain
confessed that he had never
heard the name United
Kingsway, and that throughout the financial arrangement with Tina the name had never come up.
In September
2003 Bernard Maingain
sent Tina Maimon
a letter asking
her to explain her involvement in ISRAMCO and United Kingsway,
and also her relationship to Tsuff.
"Some troubling details
have come to the attention of my client... We have learned
of the existence of a company
called United Kingsway,
which was controlled by Robert Arckens, whose existence was completely hidden from my client... such concealment constitutes a criminal offense," he wrote in the letter.
Tina Maimon
replied in a letter one month later, claiming that she had previously
heard the name United Kingsway,
and that she heard the late Arckens
say that he represents
private investors in this company.
Regarding the mention
of Tina Maimon as the director of ISRAMCO (one of the companies controlled by the United
Kingsway), Tina claimed
that she was indeed
a director in the company,
but she did not have any active
duties beyond this role.
Regarding her relationship to Haim Tsuff, Maimon
replied that she knew him, but that she is not
thoroughly familiar with his business. Additionally, Tina Maimon
wrote that after the
death of Robert Arckens,
Tsuff told her that that the late Arckens had owed him a lot of
money.
This letter apparently satisfied Bernard Maingain at the time. Today he looks back
with regret. "Maybe we should have explored this point further," he tells me in a meeting with him, but explains the reason he failed to do so: "Fredericks did not want to hear about
anything that had to do with Israel."
Philip also explains the reason for this the fact that the family
failed to examine
of a piece of information that might have proven to be a precious asset:
"After four years of
litigation with Tina, my mom did not want to hear about the affair," he says. "Each time we offered to explore United
Kingsway, she would
refuse, saying she does not want to hear
anything about Israel. This issue caused her health to deteriorate and all she wanted was quiet.
So we left it at that."
Chapter 5. The Mistress Provides an Affidavit
The key question remains
whether Arckens transferred his shares at United Kingsway to Haim Tsuff before
his death. Records
show that in October 1997 ISRAMCO Inc. Reported
to the Securities and Exchange
Commission that on July 25 –five days before the death of Arckens on the ship – the ownership of United Kingsway
was transferred from Arckens to Tsuff, in exchange for Tsuff meeting
the obligations of the company.
The Arckens
family absolutely denies
the truth of this statement. They have provided the court depositions of three witnesses
who declared that Arckens was with them on his
yacht in in the trenches of France in the weeks
before his death.
One of the witnesses is one of the
Arckens’ mistresses. According
to her affidavit, on July 25, the day on which, according
to ISRAMCO
INC., Haim Tsuff
purchased United Kingsway’s shares, she stayed
with the late Arckens
throughout the entire
day, and Arckens
did not meet with Tsuff.
"Our cruise
began on July 15 ... and continued until July 30, the day of Robert’s death," declared Robert’s
mistress. When asked
if it was possible that during this time the late
Arckens sold shares to Kobi Maimon or Haim Tsuff,
she answers: "it’s very unlikely, because we did not see anybody ... the phone
on the ship was silent
... and no one came to the ship."
Tsuff, however,
was careful to emphasize that over the years up to 1997 Arckens was United Kingsway’s controlling shareholder, and that only afterwards he sold his shares to Tsuff. For example, his June 2011 interview to The Marker
states that "According to Tsuff, Arckens financed
the transaction (the purchase of the oil corporations from Israel Credit Lines), and two years
later Tsuff, who was his representative in Israel, acquired
the shares from him."
Even eight months earlier,
when the attorney
Yitzhak Miron, the receiver of Israel
Creidt Lines who examined the legality of the transfer
of the oil corporations to United
Kingsway, investigated Tsuff,
Tsuff made the same claim
that until 1997 Arckens was the
shareholder of United Kingsway.
Miron: "When did you purchase the company... United Kingsway?".
Tsuff: "1997".
Miron: “… From whom did you purchase it ?
Tsuff : "From Robert Arckens."
Miron: "What was your position
in this company before you made this purchase?".
Tsuff: "I was Robert
Arckens’ representative ... in the company, in United Kingsway
... Robert Arckens was the owner
... I was the representative in the company."
Miron: "You claim that you purchased it on a specific date."
Tsuff: "I did purchase
it, I do not merely
claim that I purchased it...".
Miron: "For how long did you conduct negotiations over the purchase
of this company?" Tsuff: "I don’t remember."
Miron: "One month? Six months?".
Tsuff: "I don’t remember."
Miron: "One
day? Give me a time frame...".
Tsuff: "I don’t suppose
it was one day, but I don’t
remember how long it was." Miron: "How much money did you pay for it?"
Tsuff: "I
don’t remember."
Miron: "Could it be that you didn’t pay a cent for it?"
Tsuff: "No. I don’t believe
that someone would give me this company
for free, but I have a
contract. We were very loyal to this contract... you can’t have the contract...".
Miron: "I can’t have the contract?" Tsuff: "No".
Miron, the lawyer, continued to play a key role in the developing plot. Among other things, six months ago, on September
29, 2013, Miron
organized a meeting
between Haim Tsuff and Phillip Arckens
in his Tel Aviv office.
I assume you asked
Tsuff for explanations regarding the United
Kingsway shares.
Philip: "I
told him that if he could give me some plausible explanations, I’ll disregard the entire
story. I asked
to tell me where he boarded the ship, when exactly he boarded the ship, how much he paid, and where are the documents to prove that he bought the shares
of United Kingsway.
And what did he say?
"He did not answer
my questions, he only looked me in the eyes and said, “ you say
that the shares belong to your family?
Prove it. ”
Chapter 6. A Straw Man Worth Millions
One version
of the story, which was raised again
and again over the years,
was that Arckens was not the real shareholder who financed the deal, but that he was in reality straw man
of Kobi Maimon. This version
appeared for example,
in an article profiling Maimon which was published in the newspaper Yedioth Ahronoth in November 1999,
with the title" I Touched Gold ”. The article
stated that Maimon
was “a man worth millions
with almost no
assets listed under his name ... he has messengers whose qualifications are unclear…a
significant portion of his businesses are registered under
the name Robert
Arckens... who served as the front in Maimon’s
businesses. "
In an affidavit filed by Yuval Ran six months ago, in November
2013, to the District
Court in Tel Aviv, Ran wrote that he met Kobi Maimon
and Robert Arckens
in 1995, and that
he got the sense that Arckens was Maimon’s straw
man. "It was clear to me..." wrote
Ran in his affidavit, "and to anyone who was connected to Israel Credit
Lines at the time, that he
[Arckens] was not the real owner of United Kingsway,
but that he was merely
a straw man of
Maimon and Tsuff." According to Ran’s affidavit, over the years
Maimon made sure to use straw
men who were not subject
to Israeli tax law (including Tsuff, a resident
of Holland) to avoid
paying taxes.
Yet Kobi Maimon, Haim Tsuff, and the Arckens
family members deny the “straw man” claim. The Arckens
family members understand that the ruling
that their father
was Maimon’s straw man weakens their claim to be the legal shareholders of United Kingsway.
On the other hand,
Maimon and Tsuff
understand that if they claim that Arckens
was merely a straw
man, it would mean that they used a straw
man to defraud the Israeli
tax authorities. This may put into question the legality of additional transactions of theirs, and may
cause problems for Maimon with the Israeli
tax authorities.
Chapter 7. Yuval Ran Switches Sides
During the long hours with the Arckens family
members in Belgium,
it was possible to see the their hostility
at the mention of Maimon
or Tsuff, but also at their anger at Miron, the receiver of Israel
Credit Lines. "No
matter what happens
from here and on, I simply do not
trust this man," Phillip Arckens explained.
To understand the background of the complex
relationship between Miron
and the Arckens family,
it is necessary to skip back to the beginning of the plot. In the late 1990s, Israel Credit Lines dealt with financing
outside of banks, and establishing companies with no business activity, and issuing
stock in them. In 2002 Miron was appointed by the court
to be the permanent receiver of Israel
Credit Lines, and filed a lawsuit two years later against a host
of defendants, demanding that they return sums of money to the collapsed company
for the benefit of its creditors.
Among the defendants, one can find three major figures relevant
to our story: the first is
Yuval Ran, the owner of Israel Credit
Lines, who has been living
in Houston, Texas since
the collapse of the company
in 1997. Two additional characters are Maimon and Tsuff.
Miron tried to prove, inter alia, that Ran, Maimon, and Tsuff made Israel Credit
Lines take loans it could not meet, against
a pledge of shares of the oil company that it owned. When Israel Credit Lines
did not survive
the repayment of these loans,
the shares of the oil company moved to the United Kingsway
(76%) and to the Livnat
family, who owns Taabura
and is one of the wealthiest families
in Israel, and which is headed by Avraham "Bondi" Livnat.
For years
the receiver walked
around in the dark. Yuval Ran had not visited
the country, and attempts
to lay hands on his assets in the United
States failed. Maimon,
Tsuff
and the Livnat family hired top lawyers who exhausted Miron
with endless foot-dragging. But
towards the end of 2009 a bitter dispute
broke out between
Maimon and Tsuff,
and Ran, their past business partner. As a result,
in early 2010 Ran decided
to "switch sides." He met with Miron in New York and began
to give him large amounts
of information.
In one of the phone calls between Ran and Miron,
Ran told Miron
about a meeting with the Belgian Robert
Arckens, and that after the surprising death
of Arckens in July 1997
Tsuff told him that he was going to Belgium to transfer the shares from Arckens’ name to his own,
for fear that Arckens' heirs would take over the shares of United Kingsway.
Ran repeated these words
in his affidavit to the court in November 2013:
"They (Maimon and Tsuff) told me that Tsuff went to Belgium
and handled the transfer of shares from Arckens’
name to his own name..." he wrote. "I
do not know what exactly... they did there,
but they told
me that the operation eventually succeeded. That the shares
were indeed registered under Tsuff’s name. The investigation of the dates
of the transfer in United Kingsway’s ownership shows that backdating was performed by Maimon and Tsuff for several days before the actual
death of Arckens ".
This information was priceless for Miron. After many long years that resulted in a
dead end, he realized that if Tsuff
did not acquire
Arckens’ shares before
his death, then the
business empire belonging
to him and to his friend Maimon
was in jeopardy. Miron tracked down Fredericks, Arckens’ widow,
and on June 1, 2011, he picked up the phone.
Chapter 8. A Surprising Phone Call to the Widow
The day that Miron
called Belgium was the first time that the Arckens
family heard that the father of the Arckens
family possessed an asset worth a considerable sum of money. Fredericks answered the phone
call at her new house on Avenue
des Fougeres, to which she had
moved several years earlier.
The speaker
on the line introduced himself
as Yitzhak Miron,
an Israeli lawyer
acting on behalf of the court,
and asked to meet with her regarding her dead husband
and his
business with Kobi Maimon.
The frightened Fredericks, who had been left traumatized by her memory of legal conflict
with Maimon, wanted to refuse
the request, but following the advice
of the attorney Bernard Maingain, who she updated
on the conversation, she decided
to meet with Miron.
Less than two weeks
later, on June 13, 2011,
Miron reached Fredericks's house, where he was greeted by her son in law, Felix Meyer,
and the attorney
Maingain. Shortly after Miron
returned to the house, this time to sign the preliminary draft of cooperation with the eldest
son Philip.
"The thing is that Miron not approach in a positive
way, but in a threatening way," Philip said to me in my conversation with him. "He
said that he had the authority of the court in
Israel to sue the Arckens
estate and to seize the assets of the Arckens
heirs in Belgium
as a result of offenses allegedly committed by my father, as the owner
of United Kingsway.
My mother turned gray from fear, then he told her that he would not sue the family if we
transferred him the rights
to the lawsuit against Tsuff and Maimon.
We refused, but continued
to be in touch with him. "
But if your father was truly the owner of United Kingsway, and there is suspicion that the
shares of the oil companies
were transferred to United illegally
from Israel Credit Lines, then Miron really
has a reason to sue the estate.
"Our father was not involved in any illegal
activity."
So why did you not only stay in touch with,
but also sign a cooperation agreement with, a person
who allegedly approached you threateningly?
"You see, my mother
was then 73 (Fredericks Arckens
died in March 2012), an elderly woman who had been through
a long and unpleasant trial facing difficult allegations by the Maimon
family. Then, when she thought
that she had put everything behind, Miron
appeared with charges. At the same time she was also recovering from a difficult bypass surgery, and when she realized
that she has to deal with accusations and threats of legal
proceedings to take her everything she worked for once again,
she just told us to do whatever it takes so that she would
not have to go through
this procedure again.
"
But you and your sisters did sign an agreement with Miron after her death.
Did you have a lawyer to advise you then?
"Yes, and after a consultation we realized we had nothing
to lose. We got the impression that if we would cooperate, we would be able to allow the victims of Tsuff and Maimon to get their money back, and we would also be able to gain from an asset that belonged to our father.
Therefore we agreed
to sign a cooperation agreement, but after we agreed
to cooperate with him, Miron used us all along the way to achieve
accomplishments in his battle
against Maimon and Tsuff. This is the reason that today I do not trust him. "
Chapter 9. Dividing the Spoils
There was something very non-Israeli about the Belgian
family who sat across from me
in the office of attorney
Bernard Maingain. All present family members - Philip,
Dominique (48), her ex-husband Felix Meyer (57), who was involved in the family
business for many years
(Robert Arckens owned a advertising company called Mobility
and was a franchisee of Dr. Martens
shoes in Belgium,
the Netherlands and Luxembourg), and Charles,
the son of the middle
Arckens sister Geneviève. They all gave the impression of being intelligent people,
but, but something in them transmitted a European innocence
light years away from the impression given by the stars of the Israel
Credit Lines saga.
This is perhaps the reason why when Miron
arrived in Belgium,
he could have caused
the family to sign a contract, which according to the family
was not their ultimate contract. According to the language
of the contract, which was signed in July 2012 after being edited
by their attorney Bernard Maingain: “ The receivers and the lawyer
Maingain will examine together, in the interests of the parties,
the best ways to get the United
Kingsway shares and the
price for them,
including the assignment of the rights
of the heirs to the receivers ... ".
Under the agreement, after receiving the United Kingsway
shares they would be sold at
market price, and the proceeds
will be divided
between the parties
as follows: in the first stage the procedure expenses
would be paid for all, including Miron’s
fees. In the second
stage the family would be paid the amount of 100 thousand
euros. In the third stage the
remaining duties shall be paid to creditors of Israel Credit
Lines. In the fourth stage,
if there be anything
left of the amount, it will be divided between
the Arckens family
and the shareholders of Israel Credit
Lines (Yuval Ran, for example).
According to the family
members, they never received the signed agreement, yet provided information to Miron regardless. One of the most valuable
pieces of information was the existence of the witness,
Arckens’ witness, who was present
on the deck of the yacht on
the day that Robert
Arckens died. Miron contacted her lawyer, and with his help persuaded
the woman to sign a statement saying that Arckens
did not meet anyone on the boat during the
days before his death,
and that he certainly did not sell any of his shares
at that time. At the end
of July 2013 Miron’s office
received the affidavit that could jeopardize Maimon and Tsuff’s entire
business empire.
Chapter 10. Miron the Receiver Denies a Connection
On the day that he received
the fateful statement, Miron was already
in an advanced stage of the mediation process
with the Maimon-Tsuff group. Four days later, the journalist
Sivan Aizescu reported on the plan that was being
developed. In October
2013 a formal settlement agreement would
be signed, whereby
the Maimon and Tsuff group
would pay 60 million NIS to the liquidation fund (this sum increased to 65 million
NIS after Discount
Bank joined the settlement).
In early August, after verbal agreements were reached regarding the settlement, Miron sent a letter to attorney Bernard
Maingain, updating him that the agreement was to be signed.
According to Miron’s version, which
was detailed clearly
in his letter, "the 60 million
agreement" was not signed as a result
of the cooperation between him and Arckens
heirs. This claim is very important
because the Belgians
would possess the right to object to the
compromise only if it was based on their cooperation. If agreement was not based
on the cooperation with the Arckens
family, it would
be sufficient to update them of its existence,
and their agreement would
not be required.
The Arckens
family claims that Miron used their signature
on the agreement with him, and
the information that they provided
him to increase his power
throughout the mediation process, without informing them of the arrangement and in opposition to his obligation to cooperate with them. Miron denies
this claim, emphasizing that the arrangement that he obtained with Maimon and Tsuff is completely unrelated
to the information given to him by the
Belgians.
According to Miron, throughout the mediation process
he did not reveal to the
counterparty that there was a possibility that the Arckens
family could sue them, and that he only
did so only in the last stage,
before the signing
of the settlement agreement. "Throughout the mediation process the receivers did not reveal
to the Maimon-Tsuff group that there was the
possibility that the Arckens family
could sue them,
” Miron wrote
to attorney Bernard Maingain one month ago. "When we came to an agreement
in the sum of 60 million NIS, we
had no choice but to reveal to them the agreement between
the receivers and the Arckens family ... before we agreed the indicated amount,
I had to reveal to Maimon and Tsuff the fact
that I know of a lawsuit that may be filed against
them, which the receivers would benefit
from. I had to do so according
to the duty of good faith required
by Israeli law. "
Concurrently with the 60 million NIS settlement agreement, Miron transferred a message
to the attorneys of Tsuff and Maimon,
saying that that he would be able to convince the Belgians to give up their lawsuit for an additional 2 million euro. To support
his claim that there was no connection between the settlement agreement and his relationship to the Arckens family, Miron wrote to Maingain that Tsuff reacted
nonchalantly when he heard that a lawsuit may be filed by the Arckens
family against him and against
Maimon. "Haim Tsuff’s
response to the information (about the Arckens
family) was a lack of interest," Miron wrote to Maingain, "... he argued that the Arckens family
did not bother
him ... He argued that the only outcome of a lawsuit
by the Arckens family would be a waste of the family’s
finances ... "
Chapter 11. The Humiliating Agreement
is Rejected
But the facts show that Tsuff
still wanted to eliminate the nuisance. A meeting
organized by Miron in his office in September, which was held two weeks
before the signing of the "60 million
NIS agreement", was attended by Phillip Arckens,
his lawyers Bernard Maingain and Thibault Bouvier,
and Tsuff and one of his lawyers,
Yaron Allachaoi from the
Gornitzky law firm. The Belgians
came to the meeting with the understanding that the two million euro agreement mentioned by Miron was only Tsuff’s
first offering. They quickly
realized that this was his final offer.
"You’re trying to blackmail me," snapped Tsuff at Philip
Arckens, and stormed out.
The stunned
Belgians were left with Miron, who argued that they should embrace Tsuff’s proposal. From their conversations with Miron, the Belgians understood that the sum that
they would be left with out of the 2 million euro would be only 100 thousand euro (after
the payment of the remainder of the sum to the liquidation fund and to Miron himself,
as had been agreed between them).
Miron told them that in his opinion
they should agree,
since they could equally
find themselves on the list of the defendants in the case.
Phillip Arckens
and the lawyers
left Tel Aviv feeling angry. One week after their departure, on October 9, 2013, Bernard
Maingain sent a strong letter
to Miron in which he stated conclusively that the Arckens family
would not sign the "
humiliating agreement"
presented to it. "Throughout the meeting with Miron, Miron repeated to me over and over that
it would be better to have one bird in the hand than two in the bush,” says Philip." He did not understand that the Arckens
family would not allow its property to be stolen
from it once again. "
The Belgians’ refusal to compromise was somewhat surprising to Miron, Tsuff and
Maimon, but they chose to sign the settlement anyway.
Four days after the final refusal of the
Belgians, on October 13, Miron
called a meeting
of the shareholders of Israel
Credit Lines
and introduced to them the compromise agreement, without uttering a single word of the
existence of the Arckens
heirs. Two days later, on October 15, Miron signed
a settlement agreement with a long list of defendants, led by Maimon,
Tsuff and Livnat
family, under which the defendants would pay 60 million NIS to eliminate
the receiver’s lawsuits
against them. The arrangement was submitted to the court
for approval (with the addition
of a secret appendix informing the court about
the Arckens family),
and was later approved.
Chapter 12. The Yacht Sails On
Next week, on May 15, in Court Number
7 in Brussels, the first hearing in the lawsuit filed by the family
Arckens against Tina Maimon, to which Tsuff
was added, will take place. Shortly after “ Musaf Calcalist "turned to Tsuff requesting a response, Equital,
a subsidiary of United Kingsway, reported to the Stock
Exchange that a lawsuit had been filed against Tsuff, and noted that "Mr. Haim Tsuff’s position
is that this procedure against
him is without merit and has no chance of succeeding. "
According to representatives of the Arckens
family, it is only a matter of days before a
claim is filed against Mr. Miron. "The
Arckens family decided
to initiate legal proceedings ... against you, as the receiver of Israel Credit
Lines, ” Maingain
wrote to Miron on April 22. In three
weeks, on May 28, Phillip
Arckens and his lawyers are expected to land in Tel Aviv
once again, this time to meet with the Israeli Securities Authority and the Israeli Tax
Authority, which
is investigating the factors involved
in the case.
It is safe to assume that during their visit they will meet with Miron, who has turned
from a friend to an enemy, and with Tsuff,
who emailed attorney
Maingain a few weeks ago asking to meet again.
It is safe to assume that he is interested in preventing the possibility of the
development of a nightmare scenario
that would crack
his and Maimon’s
billion-dollar empire.
As we shall see now, if Maimon and Tsuff’s boat gets rattled,
it won’t happen
because of the many enemies that they have gained along the way or for because of investigations
conducted by the authorities. It might just happen because
of another boat, a yacht,
to be precise, that belonged to an old friend, a business partner,
a Belgian publicist with a fondness for women, whose children
decided to bring him back from the dead after 17 years underground.
Comments
On behalf of Haim Tsuff response: "The claim of the heirs of Robert Arckens when stocks
United Kingsway baseless
and raised by them as part of a trial of faith extort money.
Mr. Tsuff holds the shares of United Kingsway
by law, and not to the heirs of Mr. Arckens do not
show even slightest evidence indicating that the late payments made in respect
thereof. Mr. Arkckens was tied to shares for a short time and were transferred to Mr. Tsuff
legally by a trustee
who held them as collateral to secure compliance with its commitments of Mr. Arckens.
"Arckens passed away in 1997, we were almost two decades
ago. Successors, using the same lawyer representing them today,
have raised questions about the United
Kingsway shares before the ten years
since fallen silent.
They woke up from their slumber only recently,
because they believed that as part of a compromise reached Mesh bag Credit will be able to
drop into the pockets
of funds do not reach
them. context it should be noted that the argument Settlement reached
in suit was signed credit
lines resulting liquidator introduced the so-called information that has connection to the claims
Amitot' Arckens, was unfounded. opposite
is true. joint lines of credit
claimed Mr. Arckens
lacked rights shares.
every case, the settlement
was signed with the joint regardless of the claims
of Arckens. has no thought
of Mr. Tsuff is no doubt that allegations baseless picky and raise all the heirs will be rejected by the court.
"
Lawyers on behalf of Kobi's response:
"The arrangement between
the sister of Mr. Maimon and heirs Arckens is a private
matter - family
no public interest
in him, and therefore there is
no place to raise it by you or publish
it."
On behalf
of Mr. Miron said: "The
joints have no intention to comment on the Arckens allegations, due to secrecy
imposed by the court on the matter."
Tina Maimon declined to comment.