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Netherlands fines Israeli tycoon Dan Gertler’s Shell firm €25.8m over Congo mining bribery case

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The Dutch government has concluded a lengthy corruption investigation involving a company linked to Israeli billionaire Dan Gertler, imposing a €25.8 million ($30 million) penalty on Fleurette Properties Ltd. for bribery related to mining deals in the Democratic Republic of Congo (DRC). The settlement marks the end of an eight-year probe into alleged illicit payments made to secure access to valuable copper and cobalt mining licenses in the resource-rich African nation.

Dutch prosecutors announced on March 10 that Fleurette Properties, a Netherlands-registered company owned by Gertler, accepted a penalty order and paid the fine to settle the case. The investigation focused on payments made between 2010 and 2011 to the late Congolese businessman and political figure Augustin Katumba Mwanke, who was widely regarded as one of the most influential power brokers in the DRC during the presidency of Joseph Kabila.

According to the Dutch Public Prosecution Service, the payments were intended to secure lucrative mining deals involving copper and cobalt deposits—two strategic minerals essential to the global energy transition and the manufacturing of batteries for electric vehicles. Prosecutors said the payments constituted bribery designed to gain preferential access to mining licenses in the DRC, a country that holds some of the world’s largest reserves of cobalt.

Despite the financial penalty, the settlement does not involve criminal charges against individuals. Fleurette said in a statement that it accepted the factual basis of the payments while noting that Katumba was not formally a public official during the relevant period. By paying the fine, the company closed the case without admitting criminal liability beyond the facts outlined in the settlement.

The investigation dates back to 2019 and examined transactions linked to Fleurette’s dealings in the DRC’s mining sector nearly a decade earlier. Dutch authorities said the case revealed how companies used intermediaries and complex corporate structures to influence political figures and secure access to highly profitable mining concessions.

A spokesperson for the Dutch Public Prosecution Service, Jeroen Toet, said the case involved “the bribery of high-ranking officials” in exchange for favorable mining agreements involving copper and cobalt projects. Such deals, he noted, allowed companies connected to Gertler to acquire valuable mining assets at significantly discounted prices.

One particularly notable aspect of the investigation, according to prosecutors, was Fleurette’s corporate structure and relocation during the probe. Originally established as a shell company in Gibraltar, Fleurette moved its headquarters to the Netherlands during the investigation period. Authorities said the move was likely motivated by the country’s favorable tax regime and business climate, which have historically attracted multinational firms and holding companies.

The relocation raised additional scrutiny about the use of European jurisdictions for corporate restructuring during legal investigations. While the Dutch authorities did not accuse the company of wrongdoing related to the relocation itself, the timing drew attention to the role that international corporate structures can play in complex financial investigations.

Dutch prosecutors declined to comment on reports that a director associated with Fleurette may also have served as a Dutch tax official. Toet said the penalty order applied solely to Fleurette Properties Ltd. and that the prosecution service would not comment on individuals whose names had circulated in media reports.

Dan Gertler, a prominent Israeli businessman, has long been a controversial figure in global mining circles. He built his fortune through investments and partnerships in the DRC’s natural resources sector, particularly during the early 2000s when the country was emerging from years of war and political instability.

Critics, including international watchdog groups, have argued that Gertler’s close relationship with Congolese political elites allowed him to secure mining rights at prices far below market value. Supporters, however, have maintained that his investments helped bring foreign capital and development to a country struggling to rebuild its economy.

The United States government first imposed sanctions on Gertler in 2017 under the Global Magnitsky Act, accusing him of amassing wealth through corrupt mining and oil deals in the DRC. The US Treasury Department said he used his friendship with Congolese leadership to act as a middleman in opaque transactions involving state mining assets.

In 2018, the US expanded those sanctions to include 34 individuals and companies affiliated with Gertler, including Fleurette Properties. The sanctions effectively barred American individuals and companies from doing business with those entities and froze assets under US jurisdiction.

US officials alleged that Gertler played a central role in arranging deals that allowed mining companies-some connected to major global commodity traders-to gain access to some of the DRC’s richest mineral deposits. These deposits include vast reserves of cobalt and copper, metals that are increasingly critical for electric vehicle batteries, renewable energy infrastructure, and modern electronics.

Investigations by international organizations have suggested that the Congolese government may have lost significant revenue due to the undervaluation of mining assets sold to offshore companies linked to Gertler. Reports estimate that between 2010 and 2012 alone, the DRC may have lost more than $1.3 billion in potential revenue due to such transactions.

For a country where public services remain underfunded and poverty levels remain high, that amount represents a significant economic loss. Advocacy groups have argued that the lost funds could have supported critical sectors such as healthcare, education, and infrastructure.

The controversy surrounding Gertler intensified in January 2021, when the administration of then US President Donald Trump issued a special license temporarily easing the sanctions against him. The one-year license allowed Gertler to access certain frozen assets and engage in limited business dealings with US companies.

The move sparked strong criticism from anti-corruption groups and civil society organizations, particularly in the DRC. A coalition of Congolese and international non-governmental organizations urged the incoming administration of President Joe Biden to reverse the decision, arguing that lifting sanctions would undermine global anti-corruption efforts.

Two months later, the Biden administration re-imposed the sanctions, restoring the restrictions on Gertler and his affiliated companies. In a letter to US officials, advocacy groups emphasized that the alleged corruption associated with Gertler’s deals had serious consequences for the Congolese population.

“The scale and nature of the corruption facilitated had a significant impact on the human rights of many Congolese,” the coalition wrote, noting that the estimated $1.3 billion lost to underpriced mining deals could have funded nearly half of the country’s national health budget.

The Netherlands’ decision to impose a financial penalty on Fleurette Properties represents one of the few major enforcement actions related to the broader network of deals involving Gertler in the DRC. However, critics argue that the settlement-while substantial-may not fully address the scale of the alleged corruption.

By resolving the case through a penalty order rather than a criminal trial, Dutch authorities avoided a lengthy legal battle but also limited the scope of potential public disclosures that might have emerged in court.

For Fleurette, the settlement closes a chapter of legal uncertainty that has hung over the company for nearly a decade. In its statement, the company emphasized that the payment brings the matter to a close and resolves historical issues dating back to 2010.

Yet the broader debate surrounding the governance of natural resources in the Democratic Republic of Congo remains unresolved. With global demand for cobalt and copper continuing to surge, the transparency and fairness of mining contracts in the country remain a matter of international concern.

The case also underscores the growing role of European jurisdictions in policing global corruption tied to natural resource extraction. As governments strengthen anti-bribery enforcement and cross-border investigations, multinational companies operating in resource-rich developing countries are facing increasing scrutiny over how they secure access to valuable assets.

For the DRC, the challenge remains ensuring that its vast mineral wealth benefits its population rather than being lost to opaque deals and political patronage. The outcome of the Dutch investigation into Fleurette Properties serves as a reminder of the complex intersection between global finance, natural resources, and governance in one of the world’s most strategically important mining regions.

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