Böcker av Nihal Sri Ameresekere

¿Derivatives / Hedging¿ Deals by Citibank, Standard Chartered Bank and Deutsche Bank, with Sri Lanka Government¿s Petroleum Corporation, analytically and interestingly raises ethical, moral and legal issues, as to whether deals perpetrated by Banks, with their own customer, whose poor financials were known to them, were dubious and ,i>illegal; with Banks also having compromised public officers, with foreign trips to educate them on derivatives / hedging. The Author analytically exposes the true nature of such transactions, and how they work, though sophisticatedly described to camouflage and confuse, to achieve the objective of raping customers to make unconscionable profits; disclosing how gullible elected and selected public officers are, and how they are manipulated, through sophisticated and devious means; demonstrating that whilst countries courageously stand up to international or regional political associations, intriguingly lack the ability to stand up to Banks, conducting operations upon licenses granted by monetary authorities of such country. The Author also exposes the reality of how professionals conduct themselves, within and outside Courts of law, demonstrating classic instances of ¿unequal treatment before the law¿, making a mockery of the tenet ¿ ¿all are equal before the law, no one being above it¿, sacrosanctly pontificated and propounded on podia. The Author raises in discerning minds, issues of contempt of Court and judicial bias, citing Opinions in the House of Lords, United Kingdom in re ¿ Pinochet, former Chilean President; shockingly also exposing, how the media manipulatively operates driven by hidden agendas. This book is very interesting and absorbing to read, and imparts incisive knowledge on a variety of subjects, dealt with in an objective, analytical and rational manner, exposing socio-political realities. It is an invaluable book to those concerned with sophisticated financial instruments and scams, which have scandalized financial sectors, warranting stimulus packages from Governments, and to legal/financial academics and professionals.

¿Colombo Hilton Hotel Construction¿ ¿ ¿Fraud on Sri Lanka Government¿ ¿ ¿Sri Lankäs First Derivative Action in Law¿, startlingly unravels the major fraud on the Government of Sri Lanka by reputed multi-nationals, colluding with socio-politically influential, endeavouring to fraudulently ¿siphon out a large scale of foreign exchange on government guarantees¿, , which was successfully prevented through injunctions affirmed by the Supreme Court of Sri Lanka. ¿On sovereign guarantees of the Government of Sri Lanka, the Colombo Hilton Hotel was to be constructed, equipped and furnished, on a ¿turnkey fixed price basis¿ by a Japanese consortium comprising Mitsui & Co. Ltd., and Taisei Corporation, supervised and designed by Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance in planning and construction from Hilton International, United States of America, who were to operate and manage the Hotel. During construction a staged fire allegedly destroyed all plans and documents, and surreptitiously the original plans substituted, and the hotel constructed with two floors short and without the basements contrary to the original plans, based upon which Sri Lanka Government guarantees had been obtained. ¿The book essentially reveals the process of litigation by one minority shareholder, single-handedly combating socio-politically powerful influential fraudulent miscreants; lucidly narratively setting out pleadings, counter-affidavits, further pleadings, interrogatories, pre-trial processes, objections, written submissions, District and Appeal Court orders, and the landmark historic judgment by the Supreme Court of Sri Lanka, demonstrating its independence in pronouncing ¿ ¿in the given circumstances the Government could not be indifferent¿, ¿ resulting in the Japanese multi-nationals writing-off a colossal sum of US $ 207 million in 1995. ¿This is an invaluable and indispensable research book for both academics and professionals of law, particularly on the rights of minority shareholders in corporates, and for those interested in the combat of fraud and corruption at the highest levels in a country.

¿Pillage of Plantations¿ in Sri Lanka, under the IMF, World Bank and ADB privatization agenda, incisively analyses, appallingly dubious privatizations of valuable plantations in Sri Lanka, causing the people colossal losses, exposing shocking indifference of international developmental agencies, completely eroding public confidence, which is crucial to foster a free and open economy, with transparency. Plantations historically base of the national economy, leading tea exporter in the world, were nationalized by Prime Minister Sirima Dias Bandaranaike. Her daughter, President Chandrika Bandaranaike Kumaratunga, who decried previous privatizations, as ¿brazen pillage and plunder of people¿s wealth by cronies¿, publicly avowed privatization would be transparent, free of corruption, and those in public life held accountable. Plantations privatizations were carried out by hand-picked confidantes, presided by Senior Partner, KPMG Ford Rhodes Thornton & Co., Rajan Asirwatham, under the purview of Deputy Minister Finance G.L. Peiris, also then Minister, Justice & Constitutional Affairs (now Minister, External Affairs), directly under President Kumaratunga. Though President Kumaratunga, Minister G.L. Peiris and then Foreign Minister Lakshman Kadirgamar, two Oxford educated, publicly decried as dubious and fraudulent plantations privatizations, assuring legal action, no action was taken thereon, arraigning the confidantes and cronies. What is demonstrated is that pontification by political leaders, espousing enforcement of the rule of law is mere rhetoric, and in reality, socio-politically influential are above the rule of law. It discloses the unashamed tolerance of fraud and corruption by confidantes of those at the helm in a country; with governments and society uninhibitedly bestowing upon corrupt miscreants, even more recognition and position, rather than arraigning them, as warranted, before the law; whilst some duplicitously articulate transparency and good governance. This book is an invaluable and indispensable research book on real case studies for those who are interested in privatization and advocating good governance; and to comprehend socio-political realities.

This shockingly explosive Book deals with the manipulative privatization of Sri Lanka Insurance, under a privatization program, pushed by IMF, World Bank and ADB; questionably mishandled by PricewaterhouseCoopers and Ernst & Young, contravening governmental procedures and professional standards; involving a consortium of leading corporates, controlled by one individual, portrayed as a close associate of former US President Bill Clinton. This dubious deal was annulled as wrongful, unlawful and illegal by the Supreme Court, the highest judiciary, observing that it `shocked the conscience of Court', asserting that public assets are held in trust on behalf of the people. This Book exposes those holding elected and selected influential and powerful public office unabashedly compromising national and public interests, in the disposal of an invaluable national asset, at a ridiculous price, to parties, who had not even been pre-qualified, with one party incorporated in Gibraltar after the completion of the process, and whose source of funds channeled through a leading Bank remained a mystery. This Book appallingly reveals how pontificating professionals retrospectively manipulated the financials of Sri Lanka Insurance, facilitating a fraudulent demand for a refund from the Government. It reveals the unashamed condoning of fraud and corruption, and bestowing on corrupt miscreants even more recognition, shunning the `rule of law'; and the absence of law enforcement; and the duplicitous stances of the Chamber of Commerce and the Institute of Chartered Accountants. This book is an `eye opener' on socio-political realities, and is invaluable to those dealing with privatization, public finance and commerce, fraud and corruption, forensic accounting, and to legal academics and professionals, and public interest activists.

`Colombo Port Bunkering Privatisation' under IMF, World Bank and ADB privatization agenda, discloses a scandalous privatization, annulled as illegal and fraudulent by a 3-Judge Supreme Court Bench of Sri Lanka, presided by Chief Justice, Sarath N. Silva; compelling Secretary, Finance Ministry / Secretary Treasury, P.B. Jayasundera to resign. It involved, John Keells Holdings Ltd., an UN Global Compact Co. committed to combat fraud and corruption. It is an `eye opener' on socio-political realities, of those holding selected and elected influential and powerful public office, including Secretary, Finance Ministry, P.B. Jayasundera, compromising national and public interest, with scant regard for the `rule of law', and hollow dictates by international agencies, on governance, transparency and level playing field. President Chandrika Bandaranaike Kumaratunga, in a Memorandum to Cabinet Ministers opposed this privatization. Prime Minister Ranil Wickremesinghe disregarding the President had pushed the deal, with his Advisor, former Secretary, Ministry of Finance, R. Paskaralingam; approved by Economic Sub-Committee of Cabinet, including Finance Minister, K.N. Choksy, PC. It reveals condoning of fraud and corruption by confidantes of those at helm in a country; with governments and society uninhibitedly bestowing upon corrupt miscreants, even more recognition and position, without arraigning them, as warranted, before the law; President Mahinda Rajapakse re-appoints, P.B. Jayasundera, Secretary, Finance Ministry / Secretary Treasury. Susantha Ratnayake, continues as Chairman, John Keells, and helms Ceylon Chamber of Commerce; appointed Chairman, Sri Lanka Tea Board, by Government New Chief Justice, J.A.N. de Silva and other Supreme Court Judges act to accommodate necessity of President Mahinda Rajapakse, when P.B. Jayasundera is permitted to be re-appointed to same powerful position. A sole woman, Justice Shiranee Tilakawardena courageously dissents, upholding principles of moral turpitude and democracy to keep organs of State within the law - `anyone would balk at such re-appointment'; 2 pages of Judgment suppressed from media.