Mubarak’s lawyer claims Swiss bank account is “legitimate”

Cairo, Asharq Al-Awsat – Farid al-Deeb, lawyer for the family of former Egyptian President Hosni Mubarak, accused Assistant Minister of Justice of Egyptian Affairs, Assem al-Gohary – who also heads up the Egyptian judiciary committee to recover stolen funds from abroad – of disclosing privileged information concerning the sons of the former president.  In a statement on Monday, al-Gohary announced that the sons of former President Hosni Mubarak had deposited an estimated 2 billion Egyptian pounds ($340 million) in Swiss bank accounts.  Al-Gohary also claimed that the Swiss authorities were investigating whether Alaa Mubarak – along with other ex-regime figures – was involved with money laundering.

Speaking to Asharq Al-Awsat on Tuesday, Farid al-Deeb said that the law pertaining to illegal earnings (in accordance with the Ministry of Justice) stipulates that nothing currently being investigated can be disclosed publicly, as this is considered privileged information.  Al-Deeb stressed that al-Gohary information did not represent new information and stemmed from statements made by his clients during investigations with the illegal earnings authorities. Al-Deeb stressed that he did not know the motive behind this information being revealed at this time, and called upon newspapers which published al-Gohary statement to publish his reply.

Al-Deeb said that Alaa and Gamal Mubarak, who are on remand awaiting trial in Tora prison, received funds from legitimate sources and “from sources that were known about in advance” adding that these transactions “did not have relationship whatsoever with Egypt.”  Al-Deeb also denied that the funds in the name of Alaa and Gamal Mubarak have any relation to fugitive Egyptian businessman Hussein Salem.  He stressed that “Alaa and Gamal Mubarak’s funds is a result of their dealings and activities in global financial markets”.

The Mubarak family lawyer went on to say that the information reported by al-Gohary is based upon statements made by his clients.  He told Asharq Al-Awsat that “Alaa and Gamal [Mubarak] identified the Swiss banks in which these funds were deposited, just as they identified the sources of this income and the dates on which they were received.  The sources from which they obtained this money are legitimate, and have nothing to do with Egypt, nor do they have any business or interests in this country. The funds were paid into a joint account and then separated in 2008, granting each [brother] their respective share”.

Al-Deeb said he did not know the motive behind the publication of this “old information” at this time, whether it was due to a lack of new information or just to stir up public opinion against the Mubarak family.

The Mubarak family lawyer said that the Assistant Minister of Justice had revealed confidential information revealed during investigation, and he stressed to Asharq Al-Awsat that “this is a crime” according to “Article 17 of the illegal earnings law”.  Al-Deeb also revealed that he had filed a complaint in this regard to the Supreme Judicial Council and the Attorney General.

Asked whether he had consulted with Alaa and Gamal Mubarak before taking any action against al-Gohary statement, al-Deeb confirmed that the defendants had not been consulted on this issue as they are currently being detained in prison.  He stressed that he had refuted this information acting on their behalf in his capacity as their attorney.

Al-Deeb also stressed that Alaa Mubarak is not actually subject to the illegal earnings law, whether in a primary or secondary capacity, although he stressed that his client is fully cooperating with the illegal earnings, voluntarily providing all required information.  The Mubarak family lawyer explained that the illegal earnings law only applies to the official in question, his wife and dependent children (under 21 years of age), whereas Alaa Mubarak was not a state official nor was he under the age of 21.  He also claimed that former Egyptian President Hosni Mubarak should not be subject to this law “for other reasons which are not appropriate to reveal at this time.”  He stressed that “there is a law which absolves him [former president Mubarak]”.

As for Gamal Mubarak, Farid al-Deeb acknowledged that “he was subject to the aforementioned law as of 2003, when he began his position as Deputy Secretary-General of the National Democratic Party (the former ruling party, since dissolved).”  He stressed that “Gamal [Mubarak] has provided all the information relating to his private funds, especially the joint Swiss bank account he held with his brother.”

He also criticized what has been reported about Alaa Mubarak’s alleged involvement in money laundering, saying: “al-Gohary has deliberately released this information without any details, including what he himself already knows, namely that the Swiss judicial authorities investigated this in 2005.”  He added “the investigation into this ended in 2006 proving the legality of the [Mubarak] brothers sources of income [in this joint-Swiss bank account].”

Raising the issue that the two sons of the former president were in fact responsible for some of the controversial practices carried out by their father, Dr. Sharif Kamal, a professor of criminal law at Cairo University, said that the notion that it is somehow illegal to prosecute Alaa Mubarak [because he is not subject to the illegal earnings law] was “incorrect”. He pointed out that the illegal earnings law, in the text of its first article, states that it holds accountable “all those undertaking the burden of public authority and other state employees, whether they personally, or others, benefitted from these [illegal] funds”. Here, “others” includes all those who benefited from illegal funds, including wives, children and relatives.

For his part, Dr. Hossam Issa, chairman of the popular committee to restore Egypt’s wealth, told Asharq al-Awsat that the information announced by al-Gohary would be fundamental to the issuance of a ruling against the defendants, because “these funds in their entirety stem from money laundering and theft from the Egyptian people”.