Hervé Jaubert
Encyclopedia
Hervé Jaubert is a former French Navy
officer and marine engineer, who operated as a secret agent for the DGSE until 1993, when he moved to Wellington, Florida
where he set up a company to build and operate recreational submarines.
visited his factory in Florida and invited him to move his firm to the Persian Gulf
. Jaubert accepted the invitation and bin Sulayem put him in charge of a new subsidiary
of Dubai World
. There Jaubert set up a submarine manufacturing company with a factory, which after two years started making tourist submarines and superfast boats: it made 4 mini-submarines, a submersible yacht, and a larger submarine called Nautilus
which could carry 9 people. His firm ran into difficulties: accounts differ as to what happened.
and said that at least two of his submarines did not work.
An Arabian Businesshttp://www.arabianbusiness.com/ article says that Jaubert embezzled 14 million dirham
s ($3,000,000) (including 1,400,000 dirhams in kickback
s) from his employer Exomos Submarines; this was said to explain his lifestyle when he was chief executive officer
of a money-losing startup. Jaubert denied all charges in the press and declared that his promise to pay Dubai World
, the parent company of Exomos, was under duress and only to buy him time preparing his escape. He went undercover
and escaped the country in May 2008.
, where a set of frogman
's kit was smuggled to him in parts. One night in May 2008 he put this frogman's kit on, and an Arab woman's abaya
cloak (like a burqa
) over it as a disguise. A newspaper photograph of an after-the-event re-posing (http://4.bp.blogspot.com/_gnm2C1B8vbI/SpEaaOtYBAI/AAAAAAAAD1Q/LkrnwTbAUOg/s1600-h/burka+spy+3.jpg) shows him with a bag-on-chest rebreather
with cylinder below bag, absorbent canister inside bag, no hard casing, and loop of two breathing tubes with mouthpiece
(it appears to be an OMG Castoro C-96 Pro Italian-made oxygen rebreather (described here)), in its protective counterlung cover, and a handheld underwater navigation device about 30 cm square, and false breasts to fill out the ledge caused by the flat top of the breathing bag and make the overlying abaya drape more realistically like on a fat woman. He slipped from his hotel to the beach at night disguised under the abaya http://sirthinkswaytomuch.newsvine.com/_news/2009/08/23/3183167-with-scuba-gear-under-a-burka-french-spy-herve-jaubert-made-his-escape-from-dubai and swam to the area's only police patrol boat
, which was in a coastguard station, and climbed on the boat and clogged its fuel lines to prevent pursuit. Next morning during the Fajr
Muslim prayers when people would not be watching he made his escape on a rubber dinghy with a small outboard motor
, and sailed and waited in international waters for 6 hours to a prearranged meeting with a former fellow spy in a sailing boat, just outside United Arab Emirates
territorial waters
. The sailing boat carried him in eight days to Mumbai
in India, and from there in 2008 he went home to Florida.
In 2009 he published a book called "Escape from Dubai" (ISBN 978-0929915944) about his Dubai experience.
In 1995 he published a book called "Il n' a plus de secrets dans les services" (ODILON MEDIA)
and found him guilty and sentenced him to 5 years imprisonment. George Dalton, Dubai World's chief counsel, had stated in an interview in September, 2009, that he was confident that a US Court would return a similar verdict against Mr. Jaubert.
Court in Florida against Dubai World
, for defamation (based on a Dubai World statement in the Washington Post "Jaubert and his submarine venture ran into trouble for other reasons: his submarines didn't work, and auditors uncovered evidence of fraud involving overbilling for equipment purchases".), fraud
, abuse of process
by the Dubai police, and false imprisonment
.
The Court found against Dubai World's claims of breach of contract
, fraudulent representation regarding his abilities as an expert submarine designer, negligent representation regarding same, breach of fiduciary duty, and conversion
, and rejected all 5 Dubai claims.
The court found against Jaubert's claim of abuse of process. Jaubert was not awarded any money damages or other relief.
The jury found that Mr. Jaubert's abuse of process
claim against Dubai World
was not supported by the evidence provided. Earlier the judge had dismissed Herve Jaubert's claims for fraud
, defamation, and false imprisonment
; it is stated that this claim failed because the judge did not let the jury hear testimony
from two witnesses (a former employee of Exomos, and the wife of a former employee of a related Dubai World investment company) who both suffered similar abuses of process at the hands of the plaintiff
s.
Federal Court Judge Jose E. Martinez dismissed Jaubert’s fraud and defamation claims.
French Navy
The French Navy, officially the Marine nationale and often called La Royale is the maritime arm of the French military. It includes a full range of fighting vessels, from patrol boats to a nuclear powered aircraft carrier and 10 nuclear-powered submarines, four of which are capable of launching...
officer and marine engineer, who operated as a secret agent for the DGSE until 1993, when he moved to Wellington, Florida
Wellington, Florida
Wellington is a village in Palm Beach County, Florida, United States. As of 2006, the village had a population of 55,584 according to the U.S. Census Bureau. Wellington is part of the South Florida Metropolitan Statistical Area.-History:...
where he set up a company to build and operate recreational submarines.
In the Persian Gulf area
In 2004 Sultan Ahmed bin SulayemSultan Ahmed bin Sulayem
Sultan Ahmed bin Sulayem is the chairman of Dubai World, a diversified holding company based in the United Arab Emirates and owned by the government of Dubai.-Family background:...
visited his factory in Florida and invited him to move his firm to the Persian Gulf
Persian Gulf
The Persian Gulf, in Southwest Asia, is an extension of the Indian Ocean located between Iran and the Arabian Peninsula.The Persian Gulf was the focus of the 1980–1988 Iran-Iraq War, in which each side attacked the other's oil tankers...
. Jaubert accepted the invitation and bin Sulayem put him in charge of a new subsidiary
Subsidiary
A subsidiary company, subsidiary, or daughter company is a company that is completely or partly owned and wholly controlled by another company that owns more than half of the subsidiary's stock. The subsidiary can be a company, corporation, or limited liability company. In some cases it is a...
of Dubai World
Dubai World
Dubai World is an investment company that manages and supervises a portfolio of businesses and projects for the Dubai government across a wide range of industry segments and projects that promote Dubai as a hub for commerce and trading. It is the emirate's flag bearer in global investments and has...
. There Jaubert set up a submarine manufacturing company with a factory, which after two years started making tourist submarines and superfast boats: it made 4 mini-submarines, a submersible yacht, and a larger submarine called Nautilus
Nautilus
Nautilus is the common name of marine creatures of cephalopod family Nautilidae, the sole extant family of the superfamily Nautilaceae and of its smaller but near equal suborder, Nautilina. It comprises six living species in two genera, the type of which is the genus Nautilus...
which could carry 9 people. His firm ran into difficulties: accounts differ as to what happened.
Dubai authorities' statement
After Jaubert escaped, Dubai World and Dubai's police accused him of embezzlementEmbezzlement
Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
and said that at least two of his submarines did not work.
An Arabian Businesshttp://www.arabianbusiness.com/ article says that Jaubert embezzled 14 million dirham
Dirham
Dirham or dirhem is a unit of currency in several Arab or Berber nations, and formerly the related unit of mass in the Ottoman Empire and Persian states...
s ($3,000,000) (including 1,400,000 dirhams in kickback
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
s) from his employer Exomos Submarines; this was said to explain his lifestyle when he was chief executive officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of a money-losing startup. Jaubert denied all charges in the press and declared that his promise to pay Dubai World
Dubai World
Dubai World is an investment company that manages and supervises a portfolio of businesses and projects for the Dubai government across a wide range of industry segments and projects that promote Dubai as a hub for commerce and trading. It is the emirate's flag bearer in global investments and has...
, the parent company of Exomos, was under duress and only to buy him time preparing his escape. He went undercover
Undercover
Being undercover is disguising one's own identity or using an assumed identity for the purposes of gaining the trust of an individual or organization to learn secret information or to gain the trust of targeted individuals in order to gain information or evidence...
and escaped the country in May 2008.
Jaubert's statement
Jaubert said that the Dubai system was corrupt. He denied all charges and said he was having supply problems hiring qualified employees and purchasing parts for his submarines. Dubai's financial system was said to be in difficulties. He said that, although he was invited to Dubai to make submarines, when he was in Dubai, Dubai World chairman Sultan bin Sulayem told him to work on other projects.Escape
According to Jaubert's account: A year after his first police questioning he got to FujairahFujairah
Fujairah is one of the seven emirates that make up the United Arab Emirates, and the only one on the Gulf of Oman in the country's east instead of Persian Gulf .-History:...
, where a set of frogman
Frogman
A frogman is someone who is trained to scuba diving or swim underwater in a military capacity which can include combat. Such personnel are also known by the more formal names of combat diver or combatant diver or combat swimmer....
's kit was smuggled to him in parts. One night in May 2008 he put this frogman's kit on, and an Arab woman's abaya
Abaya
The abaya "cloak" , sometimes also called an aba, is a simple, loose over-garment, essentially a robe-like dress, worn by some women in parts of the Islamic world including in Turkey, North Africa and the Arabian Peninsula....
cloak (like a burqa
Burqa
A burqa is an enveloping outer garment worn by women in some Islamic religion to cover their bodies in public places. The burqa is usually understood to be the woman's loose body-covering , plus the head-covering , plus the face-veil .-Etymology:A speculative and unattested etymology...
) over it as a disguise. A newspaper photograph of an after-the-event re-posing (http://4.bp.blogspot.com/_gnm2C1B8vbI/SpEaaOtYBAI/AAAAAAAAD1Q/LkrnwTbAUOg/s1600-h/burka+spy+3.jpg) shows him with a bag-on-chest rebreather
Rebreather
A rebreather is a type of breathing set that provides a breathing gas containing oxygen and recycled exhaled gas. This recycling reduces the volume of breathing gas used, making a rebreather lighter and more compact than an open-circuit breathing set for the same duration in environments where...
with cylinder below bag, absorbent canister inside bag, no hard casing, and loop of two breathing tubes with mouthpiece
Mouthpiece (scuba)
In breathing sets, a mouthpiece is a part that the user grips in his mouth, to make a watertight seal between the breathing set and his mouth. It is composed of a short flattened-oval tube that goes in between the lips, with on its free end a flange that fits between the lips and the tooth and gums...
(it appears to be an OMG Castoro C-96 Pro Italian-made oxygen rebreather (described here)), in its protective counterlung cover, and a handheld underwater navigation device about 30 cm square, and false breasts to fill out the ledge caused by the flat top of the breathing bag and make the overlying abaya drape more realistically like on a fat woman. He slipped from his hotel to the beach at night disguised under the abaya http://sirthinkswaytomuch.newsvine.com/_news/2009/08/23/3183167-with-scuba-gear-under-a-burka-french-spy-herve-jaubert-made-his-escape-from-dubai and swam to the area's only police patrol boat
Patrol boat
A patrol boat is a relatively small naval vessel generally designed for coastal defense duties.There have been many designs for patrol boats. They may be operated by a nation's navy, coast guard, or police force, and may be intended for marine and/or estuarine or river environments...
, which was in a coastguard station, and climbed on the boat and clogged its fuel lines to prevent pursuit. Next morning during the Fajr
Fajr
The Fajr prayer is the first of the five daily prayers offered by practising Muslims. The five daily prayers collectively form one pillar of the Five Pillars of Islam, in Sunni Islam, and one of the ten Practices of the Religion according to Shia Islam.The Fajr prayer is mentioned by name in the...
Muslim prayers when people would not be watching he made his escape on a rubber dinghy with a small outboard motor
Outboard motor
An outboard motor is a propulsion system for boats, consisting of a self-contained unit that includes engine, gearbox and propeller or jet drive, designed to be affixed to the outside of the transom and are the most common motorized method of propelling small watercraft...
, and sailed and waited in international waters for 6 hours to a prearranged meeting with a former fellow spy in a sailing boat, just outside United Arab Emirates
United Arab Emirates
The United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...
territorial waters
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
. The sailing boat carried him in eight days to Mumbai
Mumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
in India, and from there in 2008 he went home to Florida.
Books
Herve Jaubert published 2 books:In 2009 he published a book called "Escape from Dubai" (ISBN 978-0929915944) about his Dubai experience.
In 1995 he published a book called "Il n' a plus de secrets dans les services" (ODILON MEDIA)
Trial in absentia in Dubai
On 28 June 2009 a court in Dubai tried Jaubert in absentiaIn absentia
In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
and found him guilty and sentenced him to 5 years imprisonment. George Dalton, Dubai World's chief counsel, had stated in an interview in September, 2009, that he was confident that a US Court would return a similar verdict against Mr. Jaubert.
Counter-suit
On 9 September 2009 Jaubert filed a lawsuit in Martin CountyMartin County, Florida
Martin County is a county in the U.S. state of Florida. As of 2000, the population was 126,731. The U.S. Census Bureau 2008 estimate for the county is 138,660. Its county seat is Stuart, Florida.- History :...
Court in Florida against Dubai World
Dubai World
Dubai World is an investment company that manages and supervises a portfolio of businesses and projects for the Dubai government across a wide range of industry segments and projects that promote Dubai as a hub for commerce and trading. It is the emirate's flag bearer in global investments and has...
, for defamation (based on a Dubai World statement in the Washington Post "Jaubert and his submarine venture ran into trouble for other reasons: his submarines didn't work, and auditors uncovered evidence of fraud involving overbilling for equipment purchases".), fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, abuse of process
Abuse of process
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action.It is a common law intentional tort...
by the Dubai police, and false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
.
Statement by Dubai authorities
On 15 September 2009 Dubai World posted this statement on their website at http://www.dubaiworld.ae/en/Media%20Center/News/news_detail_DW-Statement.html :-- "Dubai World has filed a suit against former employee Herve Jaubert in the United States federal courtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, Southern Florida. The company is accusing him of fraud, theft and related charges linked to his time as CEO of Dubai World subsidiary Exomos, established in 2004 to design and make submarines. The suit is in Florida because Mr. Jaubert chose to flee there from the UAE instead of signing an agreement he had made with Dubai World to repay money he stole from the company. Dubai World is fully confident that the US court will come to the same conclusion as a Dubai court did in April 2009: that Mr. Jaubert misrepresented his ability to design and build submarines to obtain his position as CEO of Exomos, and then used that position to steal millions of dollars from Dubai World."
Acquitted in re-trial in Florida
On 28 February 2011 at Fort Pierce, FloridaFort Pierce, Florida
Fort Pierce, also spelled Ft. Pierce, is a city in St. Lucie County, Florida, USA. It is known as The Sunrise City. The population was 37,959 at the 2004 census. As of 2008, the population recorded by the U.S. Census Bureau is 41,000. It is the county seat of St. Lucie County.Fort Pierce is part...
The Court found against Dubai World's claims of breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
, fraudulent representation regarding his abilities as an expert submarine designer, negligent representation regarding same, breach of fiduciary duty, and conversion
Conversion (law)
Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability...
, and rejected all 5 Dubai claims.
The court found against Jaubert's claim of abuse of process. Jaubert was not awarded any money damages or other relief.
The jury found that Mr. Jaubert's abuse of process
Abuse of process
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action.It is a common law intentional tort...
claim against Dubai World
Dubai World
Dubai World is an investment company that manages and supervises a portfolio of businesses and projects for the Dubai government across a wide range of industry segments and projects that promote Dubai as a hub for commerce and trading. It is the emirate's flag bearer in global investments and has...
was not supported by the evidence provided. Earlier the judge had dismissed Herve Jaubert's claims for fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, defamation, and false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
; it is stated that this claim failed because the judge did not let the jury hear testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
from two witnesses (a former employee of Exomos, and the wife of a former employee of a related Dubai World investment company) who both suffered similar abuses of process at the hands of the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s.
Federal Court Judge Jose E. Martinez dismissed Jaubert’s fraud and defamation claims.
External links
- http://www.washingtonpost.com/wp-dyn/content/article/2009/08/09/AR2009080902421.html
- Sunday TelegraphSunday TelegraphThe Sunday Telegraph is a British broadsheet newspaper, founded in February 1961. It is the sister paper of The Daily Telegraph, but is run separately with a different editorial staff, although there is some cross-usage of stories...
(British newspaper), Sunday 23 August 2009, page 23. - www.telegraph.co.uk : With scuba gear under a burka, French spy Herve Jaubert made his escape from Dubai
- http://www.mid-day.com/news/2009/aug/230809-Herve-Jaubert-Pierre-Former-French-spy-Escape-from-Dubai-Books-Mumbai-news-Midday-exclusive.htm
- http://www.dailymail.co.uk/news/worldnews/article-1208471/French-007-tells-great-escape-Dubai-wearing-wetsuit-burka.html
- Arabian Business article
- http://tcpalm.com/news/2009/sep/11/west-palm-beach-man-sues-dubai-corporation-he/
- http://sofloreporter.wordpress.com/ Florida Federal Jury Clears Submarine Builder in Dubai Case