The elements of power, p.48

The Elements of Power, page 48

 

The Elements of Power
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“This man was a brother”: Moïse Katumbi Chapwe, interview with the author, May 2019.

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  mother was a princess: Cnaan Liphshiz, “Son of Greek Jewish Holocaust Refugee Now One of Most Powerful Leaders in Congo,” Times of Israel, February 18, 2021.

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  supplied UNITA rebels: Storm Clouds over Sun City: The Urgent Need to Recast the Congolese Peace Process, ICG Africa Report No. 44 (International Crisis Group, May 2002), 12, crisisgroup.org/africa/central-africa/democratic-republic-congo/storm-clouds-over-sun-city-urgent-need-recast-congolese-peace-process.

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  backed anti-Kabila rebels: Colette Braeckman, “Moïse Katumbi, Katanga Big Boss,” Le Soir, May 6, 2009.

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  jumped on the Kabila bandwagon: Katumbi, interview. “I lent the AFDL twenty million dollars, from me, in 1997, because I was a very prosperous businessman in Zambia,” Katumbi told me when we spoke. He was still bitter about not being repaid. “They didn’t even reimburse to me even ten percent of my money up to now.”

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  monopolistic food supplier: David Pilling, “Is Trucking Tycoon Moïse Katumbi the Man to Rescue Congo?,” Financial Times, July 7, 2017.

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  In 2006, Katumbi: Braeckman, “Moïse Katumbi, Katanga Big Boss.”

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  number had climbed: “Katumbi: The Moses of Katanga,” African Business, April 4, 2013.

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  MCK was signed over: Braeckman, “Moïse Katumbi, Katanga Big Boss.”

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  “keeping the money”: Joe Bavier, “Chinese Firms Face New Reality of Congo Mining,” Reuters, August 10, 2007.

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  All of a sudden: Moïse Katumbi Chapwe, interview with the author, May 2019. When we spoke, Katumbi remembered how the export ban had been key to driving higher revenues for the province. At first there was resistance, he told me. “Everybody said, ‘No, no. Maybe this governor wants the money, and not small money, big money,’ ” he recalled. A former minister in the regional government came and offered him a bribe. “I didn’t accept that; I closed the company of these guys. I arrested him, and I said, ‘Nobody’s going to move out one kilogram of unprocessed material.’ That made us more successful.”

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  profited from the minerals: Bavier, “Chinese Firms Face New Reality of Congo Mining.”

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  headquarters in the Swiss: Former Glencore employees, interviews with the author, 2019, 2020, 2022, 2023.

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  whose eponymous founder: Eric N. Berg, “Marc Rich Indicted in Vast Tax Evasion Case,” New York Times, September 20, 1983.

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  later controversially pardoned: Lior Dattel and Ronit Domke, “Marc Rich, the Man Who Sold Iranian Oil to Israel,” Haaretz, June 27, 2013.

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  booted him out and formed: Javier Blas and Jack Farchy, The World for Sale: Money, Power, and the Traders Who Barter the Earth’s Resources (Oxford University Press, 2021), 127.

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  They meant that the market: They also meant that cobalt was a sideshow to copper, a metal that traders have called “Doctor Copper”; by following up- and downswings in demand for the red metal. Some say it is possible to make calls on the direction of the global economy. See “Why It Is Time to Retire Dr. Copper,” Buttonwood, Economist, October 19, 2023.

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  feared running afoul: Glencore official, interview with the author, February 2022.

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  a young Glencore employee: Former Glencore trader, interview with the author, March 2022.

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  “spend half the day there”: Former Glencore employee, interview with the author, November 2023.

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  Gertners’ lawyers would: Michael J. Kavanagh, “Gertler, a ‘King’ in Congo, Describes Mine Payments in Arbitration Testimony,” Bloomberg, July 13, 2025, https://www.bloomberg.com/news/articles/2025-07-14/billionaire-gertler-describes-congo-mine-payments-in-arbitration-testimony.

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  “Almost everybody used agents”: Former Glencore trader, interview with the author, February 2022.

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  two giant concessions: Augustin Katumba Mwanke, Ma vérité (EPI, 2013), 203.

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  The record of the arbitration: While the arbitrator writes he has not discovered evidence of bribery (it was out of the scope of the proceedings to determine whether bribes were in fact paid), he states that “it was necessary to conceal the identity of Mr. Katumba and those acting on his behalf” (Gertner and Gertner v. Gertler, [Arbitration Award Before the Honorable Arbitrator, Judge (Ret.) Eitan Orenstein], Arb. Eitan Orenstein, April 22, 2024, 691). On the question of bribes, the arbitrator is hardly conclusive. “On the face of it, payments to a private individual, even if he previously worked in government, are not bribery,” he writes. “He is not the government official whose authority the bribe is intended to influence. The plaintiffs have not proven with convincing evidence that illegal payments were actually made to government officials in Congo, as they claim. Neither to President Kabila nor to any other person holding an official position.” But Katumba was far from a private individual: He held the title of Itinerant Ambassador for much of the time period they were discussing and was elected as a parliamentary deputy in 2006.

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  “What does he”: Gertler, 718.

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  “local people”: Gertler, 718.

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  Shell companies and code words: “We acted according to the instructions he gave us,” Gertler said at one point during the testimony (Gertler, 724). The businessmen used various code words: Jaynet Kabila, for example, was “our lady friend” (Gertler, 667), and Katumba was “local sources” (Gertler, 20). See also Gertler, 1,145: “We treat our friends with discretion,” a Gertler associate explained at one point. “Katumba is a discrete man.”

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  “these two monkeys”: Former Glencore official, interview with the author, July 2022.

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  Gertler kept asking for money: Former Glencore official, interview with the author, February 2022.

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  Forrest was better liked: Former Glencore official, interview.

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  Gertler advised Katumba: Katumba, Ma vérité, 204.

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  Katumba fell into a coma: The passage reads oddly, especially because Katumba said he received treatment at the Amselia Medical Center in Tel Aviv. There is no record of an Amselia medical center in Israel. Perhaps it was merely a slip of the convalescent mind.

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  “my life,” Katumba writes: Katumba, Ma vérité, 203.

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  “a new family”: Katumba, 206.

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  “despite everything that appears”: Katumba, 208.

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  “just about money anymore”: Melissa Sanderson, interview with the author, August 2023.

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  echoing the use: See, for example, A State Affair: Privatizing Congo’s Copper Sector (Carter Center, November 2017), cartercenter.org/wp-content/uploads/2017/11/congo-report-carter-center-nov-2017.pdf.

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  “Wolves don’t eat”: Claude Iguma Wakenge, Eating the Congo: Unveiling State Governance of Copper and Cobalt Mining in Former Katanga (Lambert Academic Publishing, 2019), 111.

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  “a far cry from”: A State Affair, 21.

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  “He became the shadow”: Benoit Nyemba Basali, conversation with the author, March 2019.

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  Chapter 24: Oozing Evil

  potentially radioactive ores: Claude Iguma Wakenge, Eating the Congo: Unveiling State Governance of Copper and Cobalt Mining in Former Katanga (Lambert Academic Publishing, 2019), 87.

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  elites who controlled: “Congo-K: Les mines aux cœur des réseaux ethniques,” Africa Intelligence, July 26, 2013, ingeta.com/wp-content/uploads/2014/02/Afr-mining-intelligence-novembre-2013.pdf.

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  leased its office: Anvil Mining Limited and the Kilwa Incident: Unanswered Questions (Rights and Accountability in Development, October 2005), 10, raid-uk.org/wp-content/uploads/2023/04/qq-anvil.pdf.

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  leased machinery to the company: Katanga: The Congo’s Forgotten Crisis, Africa Report No. 103 (International Crisis Group, January 2006), 10, crisisgroup.org/africa/central-africa/democratic-republic-congo/katanga-congo-s-forgotten-crisis.

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  a smattering of weapons: Anvil Mining Limited and the Kilwa Incident, 10.

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  nearby town of Kilwa: Katanga: The Congo’s Forgotten Crisis, 11.

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  abetting the uprising: Sixteenth Report of the Secretary-General on the United Nations Mission in the Democratic Republic of the Congo, S/2004/1034 (UN Security Council, December 2004), 4.

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  At least seventy-three: “Military Court Delivers a Not Guilty Verdict in Kilwa Trial,” Rights and Accountability in Development (RAID), 2007, raid-uk.org/wp-content/uploads/2023/04/pr-verdict.pdf.

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  struggle to control resources: United Nations Organization Mission in the Democratic Republic of Congo (MONUC), Report on the Conclusions of the Special Investigation into Allegations of Summary Executions and Other Violations of Human Rights Committed by the FARDC in Kilwa (Province of Katanga) on 15 October 2004 (MONUC, 2005), 11.

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  Anvil denied wrongdoing: Canadian Press, “Congolese Raise Mining Lawsuit in Supreme Court,” CBC, March 26, 2012.

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  Nkambo Gédéon Kyungu: Junior Kanyiki, “Mitwaba: La présence de Gédéon Kyungu Mutanga et de son épouse confirmée pour ‘déclarer l’indépendance du Katanga’ (société civile),” Enquête, January 29, 2022, enquete.cd/2022/01/29/mitwaba-la-presence-de-gedeon-kyungu-mutanga-et-de-son-epouse-confirmee-pour-exiger-lindependance-du-katanga-societe-civile/.

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  Gédéon’s former spokesman: Thierry Mukelekele, interview with the author, March 2019.

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  pointed a finger at: John Numbi, interview with the author, November 2023.

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  two thousand fighters strong: Christophe Rigaud, “RDC: Gédéon, le Mauvais Génie du Katanga,” Mediapart, October 19, 2020, blogs.mediapart.fr/afrikarabia/blog/191020/rdc-gedeon-le-mauvais-genie-du-katanga.

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  accused of cannibalism: Eva Gilliam, “DRC: Mai Mai Leader Gedeon of Manono Territory—Known ‘Good Guy,’ Accused Cannibal,” MONUC, April 14, 2004.

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  “They sometimes had human fingers”: Eva Gilliam, interview with the author, September 2023.

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  scare people away: Gilliam, “DRC: Mai Mai Leader Gedeon of Manono Territory.”

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  “He’s the most promising”: “Sifting Through a Dark Business,” Newsweek, updated March 13, 2010, newsweek.com/sifting-through-dark-business-131907.

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  “I should get a Nobel”: Franz Wild et al., “Gertler Earns Billions in Mine Deals as Congo Remains Poorest,” Bloomberg, December 5, 2012, bloomberg.com/news/articles/2012-12-05/gertler-earns-billions-as-mine-deals-leave-congo-poorest.

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  funded by the European Union: Bryan Mealer, All Things Must Fight to Live: Stories of War and Deliverance in Congo (Bloomsbury, 2008), 100.

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  “Key political and economic”: Cable “05KINSHASA731_a,” April 29, 2005, 16:16 (Friday), WikiLeaks, wikileaks.org/plusd/cables/05KINSHASA731_a.html.

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  a hefty profit: Wild et al., “Gertler Earns Billions as Mine Deals Leave Congo Poorest.”

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  “grabbing and flipping”: James Wood et al., “Tokyo Sexwale and the DRC’s Mr. Grab,” Mail & Guardian, August 17, 2012.

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  president would spend it: John Prendergast and Sasha Lezhnev, “Five Reasons Why Biden’s Move Against Corrupt Billionaire Dan Gertler Matters,” Sentry, March 9, 2021, thesentry.org/2021/03/09/5591/medium-op-ed-five-reasons-bidens-move-corrupt-billionaire-dan-gertler-matters/.

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  “The Congolese way”: Gertner and Gertner v. Gertler, [Arbitration Award Before the Honorable Arbitrator, Judge (Ret.) Eitan Orenstein], Arb. Eitan Orenstein, April 22, 2024, 305.

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  “I am a king”: Kavanagh, “Gertler, a ‘King’ in Congo, Describes Mine Payments in Arbitration Testimony.”

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  Belgian documentarian Thierry: George Arthur Forrest in Katanga Business, directed by Thierry Michel (Les Films de la Passerelle, 2009).

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  “I think we always”: Financier, interview with the author, May 2024.

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  A fund manager: Fund manager, interview with the author, April 2024.

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  unnamed Congolese official: Plea Agreement, United States v. OZ Africa Management GP, LLC, 16-CR-515 (NGG) (E.D.N.Y. 2016), Exhibit 3 (Statement of Facts), 5, justice.gov/criminal/criminal-fraud/file/900276/dl?inline.

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  media outlets and NGOs: A State Affair: Privatizing Congo’s Copper Sector (Carter Center, November 2017), 11, cartercenter.org/wp-content/uploads/2017/11/congo-report-carter-center-nov-2017.pdf. For the subsequent civil lawsuit, see: Opinion and Order, Menaldi v. Och-Ziff Capital Management Group LLC, no. 1:2014cv03251 - Document 136 (S.D.N.Y. 2017), Background at 1, 6.

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  $150 million worth: Plea Agreement, Exhibit 3 at 9, OZ Africa Management, 16-CR-515 (NGG) (E.D.N.Y. 2016).

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  $254 million in loans: Securities and Exchange Commission v. Michael L. Cohen and Vanja Barros, Complaint, no. 17-CV-00430 (E.D.N.Y. Jan. 26, 2017), Summary at 6, 5-6, https://www.sec.gov/files/litigation/complaints/2017/comp-pr2017-34.pdf.

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  “would be used to bribe”: Complaint, Summary at 6, Securities and Exchange Commission v. Michael L. Cohen and Vanja Barros, 17-CV-00430 (E.D.N.Y. Jan. 26, 2017).

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  “a bigger picture”: Plea Agreement, Exhibit 3 at 10, OZ Africa Management, 16-CR-515 (NGG) (E.D.N.Y. 2016).

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  “case of bribery”: Former Och-Ziff fund manager, conversation with the author, March 2021.

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  disagreed and frequently squabbled: “Our engineers had a shit fight with his engineers,” the former Glencore official recalled. Glencore official, interview with the author, February 2022.

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