merchant bank
A merchant bank is historically a bank dealing in commercial loans and investment. In modern British usage it is the same as an investment bank. Merchant banks were the first modern banks and evolved from medieval merchants who traded in commodi ...
that collapsed in 1980 after the suicide of one of its founders, Australian lawyer Francis John Nugan, resulting in a major scandal. News stories suggested that the bank had been involved in illegal activities, including drug smuggling, arranging weapons deals, and providing a front for the United States
Central Intelligence Agency
The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
. Speculation grew when it became known that the bank had employed a number of retired United States military and intelligence officers, including former CIA director
William Colby
William Egan Colby (January 4, 1920 – May 6, 1996) was an American intelligence officer who served as Director of Central Intelligence (DCI) from September 1973 to January 1976.
During World War II Colby served with the Office of Strateg ...
.
Investors' losses and the speculation surrounding the bank's activities led to three major government investigations over the next five years. The bank's co-founder, American Michael Jon Hand, and two other bank employees were indicted for conspiring to pervert the course of justice by destroying or removing bank records. Hand fled abroad in June 1980. In 1985, a Royal Commission of Inquiry found that while the bank had committed numerous violations of banking laws, the allegations of drug-smuggling, arms dealing and involvement in CIA activities were not substantiated.
Founding
Nugan Hand Ltd. was founded in
Sydney
Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
Green Beret
The green beret was the official headdress of the British Commandos of the Second World War. It is still worn by members of the Royal Marines after passing the Commando Course, and personnel from other units of the Royal Navy, Army and RAF wh ...
Alfred W. McCoy
Alfred "Al" William McCoy (born June 8, 1945) is an American historian and educator. He is the Fred Harvey Harrington Professor of History at the University of Wisconsin–Madison.Kings Cross restaurateur Bernie Houghton was also involved in the bank from the beginning.
The Nugan Hand Bank attracted investors with promises of up to 16% interest rates on their deposits and assurances of anonymity, tax-free accounts, specialist investment assistance, along with more surreptitious services such as
money laundering
Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions ...
. Nugan Hand rapidly gained business and expanded its offices from a single Sydney office to a global network that included branches (registered in the
Cayman Islands
The Cayman Islands () is a self-governing British Overseas Territory—the largest by population in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located to the ...
) in
Chiang Mai
Chiang Mai (, from th, เชียงใหม่ , nod, , เจียงใหม่ ), sometimes written as Chiengmai or Chiangmai, is the largest city in northern Thailand, the capital of Chiang Mai province and the second largest city in ...
,
Manila
Manila ( , ; fil, Maynila, ), officially the City of Manila ( fil, Lungsod ng Maynila, ), is the capital of the Philippines, and its second-most populous city. It is highly urbanized and, as of 2019, was the world's most densely populate ...
,
Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
,
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
,
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
,
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
,
Cayman Islands
The Cayman Islands () is a self-governing British Overseas Territory—the largest by population in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located to the ...
and
Washington D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, Na ...
According to a former employee speaking in 1980, the bank paid commission of up to 2.5% on unsecured investments of $1m or more, when the going rate was around 0.25%. Together with related costs, the bank was paying over 12% to access funds.''
Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper i ...
'', 26 September 1980 Ambitious schemes never eventuated: Chase after an elusive 'big deal' /ref> Yet the bank never became involved in traditional merchant banking activities like equity investment or mortgage financing; instead, its principals sought all manner of unconventional investment opportunities, including gun running and attempts to corner various commodities markets, such as Malaysian rubber and Indonesian oil. Its Cayman Islands subsidiary also provided tax avoidance and evasion schemes.
The Nugan Hand Bank gained respectability by the recruitment of a number of retired senior U.S. military and intelligence personnel, such as former
Rear Admiral
Rear admiral is a senior naval flag officer rank, equivalent to a major general and air vice marshal and above that of a commodore and captain, but below that of a vice admiral. It is regarded as a two star "admiral" rank. It is often regarde ...
William Colby
William Egan Colby (January 4, 1920 – May 6, 1996) was an American intelligence officer who served as Director of Central Intelligence (DCI) from September 1973 to January 1976.
During World War II Colby served with the Office of Strateg ...
as legal counsel.
Australian trucking magnate
Peter Abeles
Sir Peter Emil Herbert Abeles, AC (25 April 192425 June 1999) was an Australian transportation magnate. A refugee from Hungary, he became a businessman in Australia, and was knighted in 1972.
Career
Abeles was born in Vienna, in Austria, but ...
was also connected with the bank.
Bernie Houghton became the bank's Saudi Arabian representative; but eventually had to flee that country in a hail of bullets, as depositors sought to recover their money.
Michael Hand had formed a close business and social relationship with former Sydney police constable and underworld "patron", Murray Stewart Riley. From April 1976, Hand initiated five cash transfers totaling $295,000 to the Hong Kong office. Riley's subordinates used these funds to buy heroin that was then shipped to Australia. Upon Riley's advice, Hand opened branches in Thailand "to attract drug money" and two years later, ordered the destruction of all incriminating records relating to Riley's money transfers.
Scandal and collapse
The bank's collapse was precipitated by the death of its founder Frank Nugan in the early hours of 27 January 1980. Nugan, who was facing charges of stock fraud, was found shot dead by a .30-calibre rifle in his
Mercedes-Benz
Mercedes-Benz (), commonly referred to as Mercedes and sometimes as Benz, is a German luxury and commercial vehicle automotive brand established in 1926. Mercedes-Benz AG (a Mercedes-Benz Group subsidiary established in 2019) is headquartere ...
outside
Lithgow, New South Wales
Lithgow is a town in the Central Tablelands of New South Wales, Australia and is the administrative center of the City of Lithgow local government area. It is located in a mountain valley named Lithgow's Valley by John Oxley in honour of Wil ...
. An inquest later returned a verdict of suicide. However, questions remain unanswered in regard to the lack of fingerprints on the weapon and the probability that the police who found Nugan had prior knowledge of his death.
Suspicions about the bank's activities grew in subsequent days as details of the contents of Nugan's car emerged. Of special interest was the business card of William Colby. Furthermore, Nugan's office had been ransacked, and Hand and Yates had ordered important company files destroyed or hidden elsewhere.
Peter Butt
Peter Butt (born 1 December 1954) is an Australian film producer, director and writer. He produces investigative documentaries for television about 20th century global and Australian history. Most of his films have been in conjunction with Film ...
states that Brian Alexander, who was on bail facing charges related to the Mr Asia drug syndicate, accompanied investigators when they searched the deceased Nugan's home. During the search, the investigators were interrupted by police officers who were responding to an anonymous phone caller who had claimed that police were in trouble at the residence. As a result, Alexander roamed freely and had the opportunity to remove incriminating documents.
The official inquest into Nugan's death in April 1980 made front-page news, amid testimony from Hand that Nugan Hand was insolvent, owing at least A$50 million, and as much as hundreds of millions, including $20,000 rent on its Sydney headquarters.
After destroying many of Nugan Hand's records, Hand fled Australia under a false identity in June 1980.
Investigations
Three major government investigations issued reports devoted to the activities of Nugan Hand. Two of these were from bodies specifically created to examine the scandal: the first, the Commonwealth-New South Wales Joint Task on Drug Trafficking, consisted of investigators from federal and state government, and lasted from 1980 to 1983; the second, the Royal Commission of Inquiry into the Activities of the Nugan Hand Group, was headed by Donald G. Stewart, and lasted from 1983 to 1985. In addition, the Corporate Affairs Commission of New South Wales, a state level organ charged with regular oversight of business activities in New South Wales, began looking into the bank almost immediately after Nugan's suicide and issued seven interim reports from 1980 until 1983, when it completed its investigation.
A report by the New South Wales Corporate Affairs Committee linked former Philippine president
Ferdinand Marcos
Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...
to the bank. Melbourne and Manila businessman Ludwig Petre Rocka had an account at the bank, as did his wife Elizabeth E. Marcos, sister of Ferdinand. Rocka had helped set up the Manila branch of Nugan Hand and had his Manila office (International Development & Planning Corporation) in the same office as the bank.
The Royal Commission found that the Nugan Hand Bank was implicated in money-laundering, illegal tax avoidance schemes, and widespread violations of banking laws. One witness, a former Nugan Hand director, stated that Hand threatened bank executives: "If we didn't do what we were told, and things weren't handled properly, our wives would be cut into pieces and put in boxes and sent back to us". However, the Royal Commission did not find credible evidence of drug-smuggling, arms dealing, and CIA involvement.
The Royal Commission found that suggestions of "CIA connections" were widespread, stretching back to an apparent confirmation by a Taiwanese general in 1978. However, the Commission argued there was a lack of specific allegations, let alone evidence to substantiate them. The Commission argued that the CIA would "shy away from having anything at all to do" with such a badly run bank. The Commission dismissed claims that Houghton was a CIA agent, and that the bank was disseminating money for the CIA. The Commission accepted Colby's evidence that he was merely giving legal advice to Nugan and Hand relating to either or both of them taking up residence in the United States.
The Commission concluded that Yates, who had apparently been recruited by Hand, was responsible for the involvement of other retired military and intelligence personnel. According to the commission, Hand believed they would instil confidence in the bank, and their knowledge of South East Asia would be advantageous. Stewart later commented that the involvement of these figures gave the impression that the bank had connections that it did not actually have. Apart from the bank accepting deposits with no questions asked, the Royal Commission found no credible evidence of involvement in the drug trade. However, Stewart stated in his memoirs that he had "no doubt" that Houghton, Nugan, and Hand played a part in drug trafficking at Houghton's Kings Cross establishments.
The Royal Commission's findings conflict with the findings of the 1982 NSW Joint Task Force on Drug Trafficking which found that Hand had encouraged Murray Riley and his associates to use Nugan Hand facilities to move drug money. Task Force investigator, Clive Small, concludes that the Stewart Royal Commission was a whitewash:
No one connected with Nugan Hand has ever been convicted of a crime.
Allegations of CIA involvement
Politician and judge, John Dowd, stated that Nugan Hand became the vehicle to quietly move drug industry money. Dowd said that this led to dealing with corrupt governments and the CIA, but in Australia during the 1970-80s, the CIA was seen as "the good guys". Similarly, former NSW Attorney General, Frank Walker, insisted that from the government's perspective, having good relations between
ASIO
''Asio'' is a genus of typical owls, or true owls, in the family Strigidae. This group has representatives over most of the planet, and the short-eared owl is one of the most widespread of all bird species, breeding in Europe, Asia, North and S ...
and the CIA was more important than bringing criminals to justice.
Investigative authors, Kwitney J. (1987) and McCoy A.W. (1991) asserted that Nugan Hand Bank had facilitated the international movement of illegal funds for both drug smugglers and the CIA. The Stewart Royal Commission's decision that there was no evidence to support these allegations astonished these early investigators.
Revelations by the American defence industry employee,
Christopher Boyce
Christopher John Boyce (born 16 February 1953) is a former American defense industry employee who was convicted of selling United States spy satellite secrets to the Soviet Union in the 1970s.
Early life
Boyce is the son of Noreen Boyce (née H ...
, initiated speculation that the CIA and Nugan Hand had also played some part in the dismissal of Australian Prime Minister,
Gough Whitlam
Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
. For instance,
William Blum
William Henry Blum (; March 6, 1933 – December 9, 2018) was an American author, critic of United States foreign policy and socialist. He lived in Washington, DC.
Early life
Blum was born at Beth Moses Hospital (now part of Maimonides Medical ...
(1999) states inter alia, that the bank allegedly transferred $2.4 million to the Liberal Party of Australia which contested two forced elections in 1974 and 1975 to oust Whitlam's Labor government. He also states that the Governor General,
Sir John Kerr
Sir John Robert Kerr (24 September 1914 – 24 March 1991) was an Australian barrister and judge who served as the 18th Governor-General of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constit ...
, who was instrumental to the dismissal, was referred to by the CIA as "our man". The CIA responded to these allegations with an emphatic denial: "The CIA has not engaged in operations against the Australian Government, has no ties with Nugan Hand and does not involve itself in drug trafficking".
Cooperation from the American agencies did not extend to other Australian investigators. NSW Corporate Affairs investigators, Geoffrey Nicholson and Rick Porter, in association with the Nugan Hand liquidator, John O’Brien, requested documents from the FBI and also the CIA. They received documents from both agencies that were so heavily redacted that they were useless. Joint Task Force investigators also made requests through ASIO to the CIA asking for information. Inexplicably, the requests were never passed on by ASIO.
In 1981, Prime Minister
Malcolm Fraser
John Malcolm Fraser (; 21 May 1930 – 20 March 2015) was an Australian politician who served as the 22nd prime minister of Australia from 1975 to 1983, holding office as the leader of the Liberal Party of Australia.
Fraser was raised on hi ...
, who had hoped the Nugan Hand controversy would fade away, stood before the parliament and told the Australian public that the CIA had no interest in the bank. However, Fraser's assurances were challenged by journalist, Brian Toohey, who wrote that a former CIA agent had told him that Patry E Loomis had worked for the CIA and allegedly arranged for huge sums of money to pass through Nugan Hand for various intelligence operations around the world. Details in
Seymour Hersh
Seymour Myron "Sy" Hersh (born April 8, 1937) is an American Investigative journalism, investigative journalist and political writer.
Hersh first gained recognition in 1969 for exposing the My Lai Massacre and its cover-up during the Vietnam Wa ...
's (1981) article 'The Qaddafi Connection' in ''The New York Times'' supported Toohey's assertions.
In an interview with documentary maker Peter Butt, Michael Hand's military colleague and Nugan Hand 'fixer', Douglas Sapper, claimed that Nugan Hand Bank had been a conduit for CIA money.Butt P. 2015, Author’s interview with Doug Sapper,240.
Locating Hand
In March 1991, the Australian magazine ''The Eye'' reported that Michael Hand was living in the United States, giving an address and other details, but Australian authorities declined to pursue an extradition.
In November 2015, the ''Sydney Morning Herald'' reported that Peter Butt had located Hand living under the name Michael Jon Fuller in
Idaho Falls, Idaho
Idaho Falls (Shoshoni language, Shoshoni: Dembimbosaage) is a city in and the county seat of Bonneville County, Idaho, Bonneville County, Idaho, United States. It is the state's largest city outside the Boise metropolitan area. As of the 2020 Un ...
. Peter Butt queried the failure of the
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
to find him, given that Fuller's social security numbers are identical to Hand's. In Ross Coulthart's ''60 Minutes'' (Nine Network, Australia) segment, he approached Hand as he was leaving a chemist shop in Idaho Falls.
See also
*
Allegations of CIA drug trafficking
In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions.
References
Sources
* Cockington, J. (2001) ''History Happened Here'', ABC Books, Sydney.
* Kwitney, J. ''The Crimes of Patriots, a True Tale of Dope, Dirty Money, and the CIA''; New York: W.W. Norton, 1987, .
* McCoy, A. '' The Politics of Heroin: CIA Complicity in the Global Drug Trade''; New York: Harpers and Row, Publishers Inc., 1991
*Owen, J. ''Sleight of Hand : The $25 million Nugan Hand Bank Scandal''; Balmain, Sydney, Australia: Colporteur Press, 1983.
*