Botach Tactical, Los Angeles, CA - The dispute is over treatment I received while attempting to get a refund for a $2,700 product that was never delivered. I was promised $250 in interest on top of this amount to cover my time and trouble resolving this m Botach Tactical, Los Angeles, CA - The dispute is over treatment I received while attempting to get a refund for a $2,700 product that was never delivered. I was promised $250 in interest on top of this amount to cover my time and trouble resolving this m


Botach Tactical, Los Angeles, CA - The dispute is over treatment I received while attempting to get a refund for a $2,700 product that was never delivered. I was promised $250 in interest on top of this amount to cover my time and trouble resolving this matter. It was never received.
 

January 5, 2006 - Consumer Follow-up Message - From: Email User
 

UPDATE - Botach Tactical / FN M249 SAW
 

This is an update to a complaint I posted against Botach Tactical of Los Angeles, CA on or about 7/14/04. For the sake of reference, my original complaint can be found at: http://www.complaints.com/directory/2004/july/14/21.htm Jason UPDATED INFORMATION ABOUT THE CHRONOLOGY OF EVENTS *************************** Approximately 7/20/04, I received another call from BK Botach. He told me that he had begun receiving calls that made him nervous from agencies like the California AG’s office and the BBB. He asked me what I was doing because he thought we had resolved all of our outstanding issues. I reminded him about the $250 check he promised and about how it was not delivered. I then mentioned that he should not be surprised because I told him exactly to whom I was complaining and about what. I also told him that no complaints would be dropped until I was satisfied that our business was completed, and that would not occur until the check he promised cleared my bank with no more excuses or delays. He apologized for the misunderstanding and promised again to send the check. It arrived about a week later and it was cashed with no problems. At that point I dropped all of my complains about this issue because Botach Tactical had finally done the right thing. The time and hassle it took to reach this resolution was extroardinary, but in the end I must say that they corrected their mistake. As a separate issue, I was informed on 1/4/06 that Botach is attempting to improve their dismal record of customer service. They have hired a new person specifically tasked with improving customer relations and they are committed to altering some of their previous business practices. I wish them the best of luck in this endeavor and I would like to one day hear that experiences like mine were a thing of the past. The coming months will be important ones for them and we should all see what happens. J.B.





July 14, 2004:


Botach Tactical / FN M249 SAW



This complaint is about: Bar Kochba (BK) Botach, Owner Botach Tactical 3423 W. 43rd. Place Los Angeles, CA 90008 Phone: 323-816-0407 E-mail: Email User The dispute is over treatment I received while attempting to get a refund for a $2,700 product that was never delivered. I was promised $250 in interest on top of this amount to cover my time and trouble resolving this matter. It was never received. The resolution I want is for BK to send me the $250 he promised or go out of business so that he won’t make false promises to others. IN SUMMARY: Botach Tactical took my money for an NFA sample that I ordered to demonstrate to a Government customer. They cashed my check immediately. I was strung along for about a year with assurances that all was well with my order. Then the contact stopped. When I call to follow up on my order’s status, I was at first ignored and then I finally found out that they “lost” my order. When I asked for a refund, I was given the runaround and asked to talk to ex-employees with no power to deal with my complaint. When I approached the owner, BK Botach, with the evidence of the transaction and of his company’s liability, I was stonewalled and my calls and E-mails were subsequently “Blown-off.” When enough pressure was finally brought to bear to encourage BK to give me a refund, he failed to follow through and provide the additional sum that he himself proposed as a good faith attempt to repair this situation. During the entire episode, he was difficult to contact and extremely dishonest and disingenuous in virtually all of his statements to me. In my opinion, BK Botach and his company have a lousy customer service ethic and no troubling moral problems that prevent them from lying, cheating and otherwise behaving in an underhanded and questionable fashion. Even when they are caught, they are not repentant. They give you evasions, then excuses, then false promises; and once they determine that they have no outstanding criminal liability with which you can threaten them, you might as well be dead to them. I believe that dealers of guns (in general) and machineguns (in specific), should be held to a high standard of ethics, legality and accountability in how they conduct their business. By these standards, even Botach’s friends must admit that he is a terrible failure. Following, is a chronological account of my interactions with Botach Tactical and BK Botach. I HAVE PHYSICAL COPIES OF ALL DOCUMENTS, INCLUDING CHECKS, ORDERS, LETTERS, NOTES AND E-MAILS TO SUBSTANTIATE MY CLAIMS. These copies have been presented to BK Botach as evidence (By whom they were ignored) as well as to all agencies and entities to which complaints regarding this matter have been referred. Thank you for your valuable time and attention. Sincerely, Jason B 9190 E. Kayenta Dr. Tucson, AZ 85749-8647 &#160 CHRONOLOGY OF EVENTS *************** Early May, 2003: I began to look for a sample Fabrique Nationale (FN) machinegun on behalf of a New Mexico town marshal’s office. They wished to see a demonstration of this weapon to evaluate it for possible purchase. I contacted several FN dealers over the next few weeks to inquire about pricing and availability. Week of 05/19/2003: I contacted Botach Tactical and spoke to Ephraim Diveroli, one of their sales associates. He quoted me a price on the sample I wanted, plus proposed a deal whereby I could demo two additional guns to the same department for no charge, as long as the additional samples were returned when the demo was complete. This was an attempt for him to generate additional sales for Botach, who would of course sell the additional guns, if the demonstration was favorably received. I decided to purchase from Botach Tactical because of their price and because of the fact that I had ordered from them before (5 Post ’86 Sample Galil machineguns about 2-3 years earlier) with no problems. Week of 05/26/2003: I contacted the Town Marshal in New Mexico and explained the process for the demonstrations. He wrote a Demonstration Request Letter (DRL) and forwarded it to me. 06/10/2003: I submitted via US Mail a formal order to Botach for the samples I discussed with Ephraim (As above), along with the DRL and a cashier’s check in the amount of $2,728.75 as a 50% down payment. The balance would be due when the order was ready to ship. (UPDATE: Since my payment was sent via US Mail, some of Botach’s subsequent activities meet the technical definition of Mail Fraud. This fact was noted and I ultimately filed a complaint with the US Postal Service.) 06/13/2003: I received an E-mail from Ephraim stating that my order was received and had been forwarded to FN for fulfillment. 06/16/2003: My certified check was cashed and deposited to the account of “BOTACH TACTICAL, a dba of BARKOCHBA BOTACH.” Here there is a long stretch of time where I heard nothing concerning my order. This was not unexpected as Ephraim told me that FN had a production backlog and because the NFA paperwork for machineguns always takes a long time. I did speak to Ephraim once or twice during this time via telephone regarding other matters, such as current sales and promotions offered by Botach, etc. Week of 10/06/2003: Ephraim contacted me via telephone and told me that FN required some additional documentation in order to process my order. He outlined these requirements and told me where to send the information. 10/15/2003: I forwarded the additional documentation and letters that Ephraim requested to Tausha Carter at FNH USA, Inc., the USA manufacturing subsidiary of FN. Week of 11/10/2003: Ephraim called me and told me that my order should be ready for shipment in approximately 6-8 weeks. Here several more months pass with no contact and no news at all. Toward the end of this period, I am becoming increasingly concerned about the status of my order. 05/2004 – Early 06/2004: I send several E-mails to both BK and Ephraim, asking for a status on my order. With the utter lack of response, the tone of my messages eventually shifts from “When will my order ship?” to “I need a refund ASAP.” None of these messages are returned. (UPDATE: I would later learn that Ephraim was no longer working for Botach by this time. I was never contacted or informed of this fact by either BK or Ephraim, despite my many messages.) 06/15/2004: I sent another E-mail to both Ephraim and BK inquiring about the status of my order. This time, I attached a copy of my order and my check to jog their collective memory and speed their response. This E-mail, like the others, gets no response from either of them. 06/16/2004: I finally managed to contact BK via telephone. He claimed that my E-mail of 6/15/04 (Which he apparently read but did not respond to) was the first time he ever heard of my order and that “Ephraim no longer has an association with [Botach] and he made all kinds of these deals, so you will have to talk to him.” (Why BK would read the E-mail, see that there was a problem or misunderstanding of some sort, and yet never think to call or E-mail me back, even if only to explain the situation, is completely beyond my understanding.) He then gave me Ephraim Diveroli’s new phone number. This was the first concrete indication I had that there was a serious problem with my order, and that the very real possibility existed that I would not get the product or my money. Why I needed to contact Ephraim at this point was unclear to me, and BK did not adequately explain it. I assumed that he wanted me to contact Ephraim for some kind of confirmation only, as such a call would otherwise make no sense: After all, Botach cashed my check, so why would I expect an ex-employee to issue me a refund or solve my complaint—something which only Botach could accomplish? I would soon come to believe that this was the first step in BK trying to shift the blame for the situation, and its subsequent resolution, onto someone else’s doorstep. Regardless, I contacted Ephraim on the phone as BK requested. Ephraim was surprised to hear from me. He confirmed that he no longer worked for Botach and expressed surprise that my order was never shipped. He also asked why I was calling him about this matter, to which I had no good reply. I asked Ephraim to contact BK, who he claimed to still be in contact with regarding some outstanding personal business matters between the two, to confirm my story so that I could at least get a refund of my deposit. Ephraim promised to give BK a call that same day. He also told me that BK should give me a refund with no problems, although he may stall or put the matter off. To that end, he told me that FN does not bill Botach until a product ships, so I should not fall for any stories BK might give me about “Needing to wait for a refund or credit, etc.,” before I could receive my refund. Needless to say, this implication of less than honest dealing from an ex-employee concerned me greatly. I was also troubled by Ephraim’s guarded and minimal responses to my questions about Botach’s status and business practices. (UPDATE: I later heard from several separate sources, who wished to remain anonymous, that Ephraim is either BK’s nephew or cousin and that the business he moved to in Florida, Global Arms Co., is a sister company of Botach Tactical. Allow me to make it very clear that I did not discover this from either BK or Ephraim, nor have I found as of the time of this writing anyone knowledgeable enough to corroborate these potentially troubling statements beyond all doubt. If they are true, I am not sure how this fits into the ongoing BK vs. Ephraim debate, or to what extent their division has been used as an excuse to defraud customers. Even if there has been no fraud, it is not acceptable in my opinion for family disputes to fall over into business, where customers are hurt.) Immediately after I got off the phone, I followed up with another E-mail to BK telling him about the call. I also attached another copy of my order and cashier’s check to this E-mail. There was no response to this E-mail. 06/17/04: I attempted to contact BK by telephone and left a message. This message was not returned. 06/21/04: I attempted to contact BK by telephone and left a message. This message was not returned. I also sent an E-mail to follow up on the phone message. It was not responded to. 06/25/04: I attempted to contact BK by telephone and left a message. This message was not returned. I also sent an E-mail to follow up on the phone message. It was not responded to. 06/28/04: I again summarized my problems to Botach and requested a refund of my deposit in a final demand letter that was sent three ways (Faxed, mailed and E-mailed) to BK. This was done to avoid his habit of saying “I never got that.” Attached to each of these was a third copy of my order and check and letters, etc. I also wrote that I was getting tired of my calls not being returned, and that he had until the end of the week to make good or I would pursue formal complaints. 06/29/04: In the morning, I get an E-mail from BK saying that “You are not being ignored.” I responded with an E-mail of my own that contained a fourth copy of my order and check. This message encouraged him to finally deal with this matter so I would not have to file any complaints, which could be a headache to both of us. The fact is not lost on me that he never tried to contact me until I promised official action. Shortly thereafter, BK calls me on the telephone. This is the first call I have received from him during this entire process. He apologized for the mix-up and said again that Ephraim was responsible and that we would have to contact him. I told him that I was not interested in pursuing that line of inquiry as it was pointless. He then said that he did not have enough information to figure out what went wrong with my purchase, and that I should send him all the information I had. (Note: That would be the fifth time I sent him the information, which he claims he “Never got.”) As the evasions and equivocations continued (He told me repeatedly that he did not know what was going on, and that he never responded to me E-mails because he was a bad typist, and that he did not return my calls because he was busy, etc.), I finally had enough and told him “The bottom line is that your company took my order and your company cashed my check. I can get a copy of the cancelled check proving that, if you like, but either way, you need to deal with this problem yourself and quit putting it off on others.” He was silent for a few seconds and then said, “Yes, get me a copy of that check and then maybe we can settle this among ourselves.” 06/30/04: I obtain a copy of the cashed cashier’s check from my bank, Wells Fargo, showing an endorsement and payment to “PAY TO THE ORDER OF bank leumi USA … FOR DEPOSIT ONLY, BOTACH TACTICAL, A dba OF BARKOCHBA BOTACH ….” This copy is both E-mailed and faxed to BK, alone with a cover sheet reminding him that I intend to file official complaints if I do have a refund by Friday. The fax and E-mail were not responded to. 07/07/2004. I called BK on the telephone. He said “I am on another line right now and don’t have your paperwork in front of me. As soon as I finish this call, I’ll call you right back. I have your number.” No such call was forthcoming up to the submission of this complaint. 07/07/2004-07/08/2004: After the last exchange, I am convinced that BK has no real interest in dealing with this issue and I finally proceed with formal actions. I begin filing official complaints with government agencies (BATF, USPS, California DOJ and AG, Arizona AG, and the FTC) as well as other oversight groups, such as the Southern California BBB. I also begin posting the details of my experience with Botach on several prominent industry boards. I find out, in response to my posts, that this sort of behavior is common for him and that his reputation in the industry is very poor. Botach also has several outstanding complaints against them with the BBB. My posts on these boards would be continuously updated and my position clarified (To those friends of BK’s who posted in his defense) as the situation progressed. 07/09/2004: I get a call from BK Botach. This call seems to have been spawned by a combination of factors: His notice of my postings on the boards from 7/7/04-7/8/04 and the intervention of a sympathetic local party who (Apparently) had some pull or influence with BK. In that conversation, BK said that after further reflection, he wanted to do the right thing by me. He said that he was wrong to deal with the matter as he did, and that he would send me a cashier's check with a full refund via FedEx to arrive on Monday, 7/12/04. He also said that he would include an extra check for $250 to cover my trouble and the "interest" on the unexpected “loan” that my money represented to Botach Tactical (As I never received any product after one year of them having my money). This last part was proposed by BK himself, without any urging from me; although I felt it was perfectly reasonable and should have been expected as part of any legitimate attempt to make amends for this situation. It finally looked as if an amicable resolution was in sight. 07/12/2004: I spoke too soon! Monday came along with the mail from Botach. It did include a check. However, not all was as promised: First of all, it was just a regular business/personal check, and not cashier's or certified check (Ironically, the check was drawn on the same account to which my check had been deposited more than a year earlier—The one BK claimed not to know anything about). After some of the posts about his rubber checks on the boards, that fact was not encouraging. Furthermore, in place of the additional check for the interest, there was a handwritten Post-It Note from BK saying "Ephraim says he will send you the check for the interest himself." But BK and Ephraim weren’t talking to one another any more, right? Alarm bells ring… Whether BK actually contacted Ephraim and actually had his cooperation on this proposed resolution had to be established. In the mean time, I deposited this check and hope it clears. (Since it can take up to a month for a check to be returned NSF, especially from some small “no name” banks, I will have to keep you all posted on whether it turns into rubber or not.) 07/13/02004: I begin the day with an E-mail to Ephraim asking him to verify BK’s story. His response was rapid and unequivocal: [Ephraim wrote] “At this point it does not surprise me that a cashier’s check was not sent [and] I never offered any sort of interest to anybody whatsoever with regards to this transaction, WHY WOULD I? Mr. Botach is obviously playing us and at this point I will resist any attempt to further involve myself in this transaction.” The subtext was “Too bad you got screwed, even though I had nothing to do with it. I’m not surprised. Leave me out of it.” Whether this response is ethical or not under the circumstances (He was the Botach rep who started this all), it is certainly understandable. Anyway, BK’s promises of 7/9/04 were meaningless. I asked myself, “What kind of petty shyster can't even live up to HIS OWN ideas, follow through on HIS OWN suggestions?” No one asked him for the interest, so why did he go out of his way to propose it if he never intended to pay it? Is he nuts; deranged? In my opinion, he seems finally to have caught his hand in the proverbial “Cookie jar” as being a pathological liar and incapable of straight dealing. After all, he lies even when there is no longer a point to lying! The only reasonable conclusion is that he thinks he can repair his reputation with smokescreens and false promises; and that people will not notice or talk about how his actions differ from his words. Does he really believe this works? Based on my experience and that of others, I guess he does. After this (Not entirely unexpected) revelation, I send BK another E-mail asking him why he pulled this dishonest changeup after we had supposedly sorted everything out on Friday. I attached a copy of the letter I received from Ephraim. I also asked him if he had any explanations for this additional insult before I returned a call from the California DOJ later that afternoon. BK did try to call me and he left a message, which I could not return immediately because I was in a meeting. Instead, I sent an E-mail informing him that I could be reached by E-mail for the remainder of the afternoon and that I would appreciate a response from him before I called the California DOJ back. His only response was an E-mail including a photo of his “Oh-so-impressive” business card with all the verbiage about Botach being a “Law Enforcement Specialist” (Was this supposed to be intimidation? That would be kind of funny if you read the opinions that many past Botach LE Customers have about their own experiences with Botach on the various boards) and the DOJ phone number. The message from this E-mail was very clear: Screw off. Bring it on. I am sure that sometime between Friday and 7/13/04, BK made the mental calculation that as long as his refund check clears; he can probably not be pursued criminally. Once that fear was gone, I could just piss off. I have not heard from him since. Jason B Click this link to e-mail the above consumer: //

 Missing license forces bride into palimony suit!
A Palimony case which can make history!
By Troy Anderson, Staff Writer DAILY NEWS L.A> CALIF.
Makeup artist to the stars Judith Boteach thought she had found true
love when it took four people to carry all of the flowers and jewelry
lavished on her the day multimillionaire
Yoav Botach proposed marriage.

Boteach said she learned a month after their Orthodox Jewish wedding
ceremony that her groom hadn't obtained a California marriage license,
but she believed in their future together.

"I loved him," said Boteach. "I trusted him and he kept telling me (the
wedding license) wasn't necessary." (cont.)
(Renaissance Graphic of SHYLOCK and his wife below,)


But their relationship ended unhappily, with Boteach kicked out of the
couple's
Beverlywood home in her nightgown. And she is now embroiled in
a court battle for half of
Botach's fortune - millions of dollars she
claims he promised her should the couple ever split.


"This is the largest palimony case in American history," said Robert W.
Hirsh, Boteach's attorney, who explained that his client cannot fight
for alimony since she and Botach were never legally married.

According to court records, Botach co-owns 144 commercial and other
properties in Los Angeles, as well as
Botach Tactical, a nationwide
distributor of police and military equipment. But Boteach is seeking
access to financial documents to determine the defendant's assets.

"We would not be surprised if his net worth is $700 million," Hirsh
said.

But Boteach's lawyer, Richard G. Sherman, argues in court documents that
because his client is a "very wealthy man" he insisted that Boteach sign
a prenuptial agreement before the wedding to protect his assets. And,
Botach maintains, he never promised Boteach anything if they separated.

Sherman also says that it was made clear to Boteach that the couple's
1997 ceremony did not constitute a legal marriage because they did not
obtain blood tests or a marriage license.

"Judy had been married twice before and was well aware of the
requirements of California law in that regard," Sherman wrote. "Prior to
the wedding ceremony, Yoav had a private conversation with the rabbi ...
and Judy.

"In that conversation, Yoav announced that he wanted to make it clear
that their 'marriage' was not legal in California and that they were
going to get 'married' in a religious ceremony only. Judy consented and
the religious ceremony then took place.

"After the religious ceremony, Yoav and Judy resided together until
approximately August 2002 when they separated."

Hirsh - a Beverly Hills attorney whose wife's family was helped by Boteach's
family upon coming to the U.S. from Israel more than 25 years ago - said he
filed the suit to help Boteach and other women.

"Mrs. Boteach was the woman behind the man," Hirsh said of his
52-year-old client. "For almost a five-year period, Mrs. Boteach
assisted ... in making a fortune in real estate and, at the same time,
she ran the home. She cooked, cleaned, entertained world leaders and
other dignitaries."

The palimony case is the latest in a string of such suits filed since
the term was coined in 1977 after actor Lee Marvin's companion, Michelle
Triola, won a landmark lawsuit. She argued that based on specific
promises, a cohabitant can have property rights to the assets of another
cohabitant.

One of the largest palimony awards was granted in 199exp4, when an
Orange County jury ordered Mag-Lite flashlight mogul Anthony Maglica to
pay $84 million to Claire Maglica. The two never married but had lived
together for more than 20 years and she had served as executive vice
president of the Ontario-based company.

Boteach's story begins as one of 10 children born to a paint
manufacturer and housewife in Casablanca, Morocco, who moved to Los
Angeles in 1967 to escape religious persecution.

She attended Santa Monica Community College and beauty school. When she
was 17 - with the help of her first husband and her sister and
brother-in-law - she opened a Beverly Hills salon that grew to nearly
three dozen employees and catered to stars including Cher and Tina
Turner, according to Boteach and court records.

Over the next 20 years, Boteach acquired several other businesses,
including two kosher tortilla firms and a cosmetics and perfume company
that sold items through television infomercials in the United States and
France.

Meanwhile, Botach and his brother immigrated from Iran and opened a pawn
shop, according to court documents. In 1973, they began buying, selling
and operating commercial properties, forming Botach Management in 1989.

While their families had long known each other, Boteach said it wasn't
until the mid-1990s that she met her future husband when he began
attending her synagogue.

They hit it off and Botach proposed, Hirsh said, but when he asked her
to sign a prenuptial agreement, she refused and instead traveled to
Australia to visit her sister.

The two eventually reconciled and Hirsh said Botach relented on his
request for a prenuptial agreement. The two set a wedding date, and
Hirsh said Botach informed his bride that he had taken care of all the
arrangements.

An Orthodox Jewish ceremony was held Dec. 25, 1997, Hirsh said.

"She showed up to get married, thinking everything was proper," Hirsh
said. "Then a month later, the subject of a license came up and he told
her, 'We don't need a license. We have an agreement and there is no
license' - that she would get half if they ever separated."

Boteach said she found out they didn't have a marriage license when she was
attempting to change her name on her passport.

In court documents, Boteach says she worked at Botach Management as the
real estate market "rocketed up," although she received no compensation.
And she alleges that Botach "severely beat" her on several occasions
after she refused to sign a post-nuptial agreement.

Boteach said she never reported the alleged abuse to the police because
she was "ashamed, scared and didn't know what to do."

Boteach filed for divorce, asking a judge to recognize that the couple
had a civil marriage.

But Superior Court Judge Rolf M. Treu found that the couple was not
legally married and could not be granted a divorce. Hirsh said the judge
suggested Boteach pursue a palimony suit.

In her palimony case, Boteach says the couple cohabitated from the
wedding ceremony until August 2002, when she was kicked out of their
Beverlywood home in her nightgown after refusing to sign a post-nuptial
agreement.

In a court declaration, however, Botach said he never made a deal with
Boteach or promised her any portion of his fortune.

"At no time, ever, did I ever enter any 'oral cohabitation agreement'
with (Boteach), and all the allegations to the contrary are a sham,"
Botach wrote.

Hirsh said he expects another hearing in the case in the next two
months.

"She was blinded by love," Hirsh said of his client.

REPORTER: Troy Anderson, (213) 974-8985
troy.anderson@dailynews.com

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I Think I’m Going For a Defense Contract
Posted by fredtopeka on March 27, 2008

If the guy in this story (via TPM) can get so many contracts, I should be able to. Really, look at:

Michael Diveroli, Efraim’s father, had incorporated the company in 1999, when Efraim was 13. For several years, a period when the company appeared to have limited activity, Michael Diveroli, who now operates a police supply company down the street from AEY’s office, was listed as the company’s sole executive.

In 2004, AEY listed Efraim Diveroli, then 18, as an officer with a 1 percent ownership stake.

The younger Diveroli’s munitions experience appeared to be limited to a short-lived job in Los Angeles for Botach Tactical, a military and police supply company owned by his uncle, Bar-Kochba Botach.

Efraim was president and 19 (and has had problems with the law) when the company got its first Defense department contract. Let’s see how it’s worked out:

With the award last January of a federal contract worth as much as nearly $300 million, the company, AEY Inc., which operates out of an unmarked office in Miami Beach, became the main supplier of munitions to Afghanistan’s army and police forces.

Since then, the company has provided ammunition that is more than 40 years old and in decomposing packaging, according to an examination of the munitions by The New York Times and interviews with American and Afghan officials. Much of the ammunition comes from the aging stockpiles of the old Communist bloc, including stockpiles that the State Department and NATO have determined to be unreliable and obsolete, and have spent millions of dollars to have destroyed.

In purchasing munitions, the contractor has also worked with middlemen and a shell company on a federal list of entities suspected of illegal arms trafficking.

Moreover, tens of millions of the rifle and machine-gun cartridges were manufactured in China, making their procurement a possible violation of American law. The company’s president, Efraim E. Diveroli, was also secretly recorded in a conversation that suggested corruption in his company’s purchase of more than 100 million aging rounds in Albania, according to audio files of the conversation.

 

MISSING LICENSE FORCES BRIDE INTO PALIMONY SUIT.


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Byline: Troy Anderson Staff Writer

Makeup artist to the stars Judith Boteach thought she had found true love when it took four people to carry all of the flowers and jewelry lavished on her the day multimillionaire Yoav Botach proposed marriage.

Boteach said she learned a month after their Orthodox Jewish wedding ceremony that her groom hadn't obtained a California marriage license, but she believed in their future together.

``I loved him,'' said Boteach. ``I trusted him and he kept telling me (the wedding license) wasn't necessary.''

But their relationship ended unhappily, with Boteach kicked out of the couple's Beverlywood home in her nightgown. And she is now embroiled in a court battle for half of Botach's fortune - millions of dollars she claims he promised her should the couple ever split.

``This is the largest palimony palimony n. a substitute for alimony in cases in which the couple were not married but lived together for a long period and then terminated their relationship. The key issue is whether there was an agreement that one partner would support the other in return for the second making a home and performing other domestic duties beyond sexual pleasures. case in American history,'' said Robert W. Hirsh, Boteach's attorney, who explained that his client cannot fight for alimony since she and Botach were never legally married.


 
According to court records, Botach co-owns 144 commercial and other properties in Los Angeles, as well as Botach Tactical, a nationwide distributor of police and military equipment. But Boteach is seeking access to financial documents to determine the defendant's assets.

``We would not be surprised if his net worth is $700 million,'' Hirsh said.

But Botach's lawyer, Richard G. Sherman, argues in court documents that because his client is a ``very wealthy man'' he insisted that Boteach sign a prenuptial agreement prenuptial agreement (antenuptial agreement) n. a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved. before the wedding to protect his assets. And, Botach maintains, he never promised Boteach anything if they separated.

Sherman also says that it was made clear to Boteach that the couple's 1997 ceremony did not constitute a legal marriage because they did not obtain blood tests or a marriage license.

``Judy had been married twice before and was well aware of the requirements of California law in that regard,'' Sherman wrote. ``Prior to the wedding ceremony, Yoav had a private conversation with the rabbi ... and Judy.

``In that conversation, Yoav announced that he wanted to make it clear that their 'marriage' was not legal in California and that they were going to get 'married' in a religious ceremony only. Judy consented and the religious ceremony then took place.

``After the religious ceremony, Yoav and Judy resided together until approximately August 2002 when they separated.''
Israeli?
Hirsh - a Beverly Hills attorney whose wife's family was helped by Boteach's family upon coming to the U.S. from Israel more than 25 years ago - said he filed the suit to help Boteach and other women.

``Mrs. Boteach was the woman behind the man,'' Hirsh said of his 52-year-old client. ``For almost a five-year period, Mrs. Boteach assisted ... in making a fortune in real estate and, at the same time, she ran the home. She cooked, cleaned, entertained world leaders and other dignitaries.''

The palimony case is the latest in a string of such suits filed since the term was coined in 1977 after actor Lee Marvin's companion, Michelle Triola, won a landmark lawsuit. She argued that based on specific promises, a cohabitant can have property rights to the assets of another cohabitant.

One of the largest palimony awards was granted in 1994, when an Orange County jury ordered Mag-Lite flashlight mogul Anthony Maglica to pay $84 million to Claire Maglica. The two never married but had lived together for more than 20 years and she had served as executive vice president of the Ontario-based company.

Boteach's story begins as one of 10 children born to a paint manufacturer and housewife in Casablanca, Morocco, who moved to Los Angeles in 1967 to escape religious persecution.

She attended Santa Monica Community College and beauty school. When she was 17 - with the help of her first husband and her sister and brother-in-law - she opened a Beverly Hills salon that grew to nearly three dozen employees and catered to stars including Cher and Tina Turner, according to Boteach and court records.

Over the next 20 years, Boteach acquired several other businesses, including two kosher tortilla firms and a cosmetics and perfume company that sold items through television infomercials in the United States and France.
Iranian_jew
Meanwhile, Botach and his brother immigrated from Iran and opened a pawn shop, according to court documents. In 1973, they began buying, selling and operating commercial properties, forming Botach Management in 1989.

While their families had long known each other, Boteach said it wasn't until the mid-1990s that she met her future husband when he began attending her synagogue.

They hit it off and Botach proposed, Hirsh said, but when he asked her to sign a prenuptial agreement, she refused and instead traveled to Australia to visit her sister.

The two eventually reconciled and Hirsh said Botach relented on his request for a prenuptial agreement. The two set a wedding date, and Hirsh said Botach informed his bride that he had taken care of all the arrangements.

An Orthodox Jewish ceremony was held Dec. 25, 1997, Hirsh said.

``She showed up to get married, thinking everything was proper,'' Hirsh said. ``Then a month later, the subject of a license came up and he told her, 'We don't need a license. We have an agreement and there is no license' - that she would get half if they ever separated.''

Boteach said she found out they didn't have a marriage license when she was attempting to change her name on her passport.
Jew_beats_her
In court documents, Boteach says she worked at Botach Management as the real estate market ``rocketed up,'' although she received no compensation. And she alleges that Botach ``severely beat'' her on several occasions after she refused to sign a post-nuptial agreement.

Boteach said she never reported the alleged abuse to the police because she was ``ashamed, scared and didn't know what to do.''

Boteach filed for divorce, asking a judge to recognize that the couple had a civil marriage.

But Superior Court Judge Rolf M. Treu found that the couple was not legally married and could not be granted a divorce. Hirsh said the judge suggested Boteach pursue a palimony suit.

In her palimony case, Boteach says the couple cohabitated from the wedding ceremony until August 2002, when she was kicked out of their Beverlywood home in her nightgown after refusing to sign a post-nuptial agreement.

In a court declaration, however, Botach said he never made a deal with Boteach or promised her any portion of his fortune.

``At no time, ever, did I ever enter any 'oral cohabitation agreement' with (Boteach), and all the allegations to the contrary are a sham,'' Botach wrote.

Hirsh said he expects another hearing in the case in the next two months.

``She was blinded by love,'' Hirsh said of his client.

Troy Anderson, (213) 974-8985

troy.anderson(at)dailynews.com


AFGHANISTAN: Supplier Under Scrutiny on Aging Arms for Afghans


by C. J. CHIVERS, The New York Times
March 27th, 2008





This article was reported by C. J. Chivers, Eric Schmitt and Nicholas Wood and written by Mr. Chivers.


Since 2006, when the insurgency in Afghanistan sharply intensified, the Afghan government has been dependent on American logistics and military support in the war against Al Qaeda and the Taliban.

But to arm the Afghan forces that it hopes will lead this fight, the American military has relied since early last year on a fledgling company led by a 22-year-old man whose vice president was a licensed masseur.

With the award last January of a federal contract worth as much as nearly $300 million, the company, AEY Inc., which operates out of an unmarked office in Miami Beach, became the main supplier of munitions to Afghanistan’s army and police forces.

Since then, the company has provided ammunition that is more than 40 years old and in decomposing packaging, according to an examination of the munitions by The New York Times and interviews with American and Afghan officials. Much of the ammunition comes from the aging stockpiles of the old Communist bloc, including stockpiles that the State Department and NATO have determined to be unreliable and obsolete, and have spent millions of dollars to have destroyed.

In purchasing munitions, the contractor has also worked with middlemen and a shell company on a federal list of entities suspected of illegal arms trafficking.

Moreover, tens of millions of the rifle and machine-gun cartridges were manufactured in China, making their procurement a possible violation of American law. The company’s president, Efraim E. Diveroli, was also secretly recorded in a conversation that suggested corruption in his company’s purchase of more than 100 million aging rounds in Albania, according to audio files of the conversation.

This week, after repeated inquiries about AEY’s performance by The Times, the Army suspended the company from any future federal contracting, citing shipments of Chinese ammunition and claiming that Mr. Diveroli misled the Army by saying the munitions were Hungarian.

Mr. Diveroli, reached by telephone, said he was unaware of the action. The Army planned to notify his company by certified mail on Thursday, according to internal correspondence provided by a military official.

But problems with the ammunition were evident last fall in places like Nawa, Afghanistan, an outpost near the Pakistani border, where an Afghan lieutenant colonel surveyed the rifle cartridges on his police station’s dirty floor. Soon after arriving there, the cardboard boxes had split open and their contents spilled out, revealing ammunition manufactured in China in 1966.

“This is what they give us for the fighting,” said the colonel, Amanuddin, who like many Afghans has only one name. “It makes us worried, because too much of it is junk.” Ammunition as it ages over decades often becomes less powerful, reliable and accurate.

AEY is one of many previously unknown defense companies to have thrived since 2003, when the Pentagon began dispensing billions of dollars to train and equip indigenous forces in Afghanistan and Iraq. Its rise from obscurity once seemed to make it a successful example of the Bush administration’s promotion of private contractors as integral elements of war-fighting strategy.

But an examination of AEY’s background, through interviews in several countries, reviews of confidential government documents and the examination of some of the ammunition, suggests that Army contracting officials, under pressure to arm Afghan troops, allowed an immature company to enter the murky world of international arms dealing on the Pentagon’s behalf — and did so with minimal vetting and through a vaguely written contract with few restrictions.

In addition to this week’s suspension, AEY is under investigation by the Department of Defense’s inspector general and by Immigration and Customs Enforcement, prompted by complaints about the quality and origins of ammunition it provided, and allegations of corruption.

Mr. Diveroli, in a brief telephone interview late last year, denied any wrongdoing. “I know that my company does everything 100 percent on the up and up, and that’s all I’m concerned about,” he said.

He also suggested that his activities should be shielded from public view. “AEY is working on a moderately classified Department of Defense project,” he said. “I really don’t want to talk about the details.”

He referred questions to a lawyer, Hy Shapiro, who offered a single statement by e-mail. “While AEY continues to work very hard to fulfill its obligations under its contract with the U.S. Army, its representatives are not prepared at this time to sit and discuss the details,” he wrote.

As part of the suspension, neither Mr. Diveroli nor his company can bid on any further federal work until the Army’s allegations are resolved. But he will be allowed to provide ammunition already on order under the Afghan contract, according to internal military correspondence.

In January, American officers in Kabul, concerned about munitions from AEY, had contacted the Army’s Rock Island Arsenal, in Illinois, and raised the possibility of terminating the contract. And officials at the Army Sustainment Command, the contracting authority at the arsenal, after meeting with AEY in late February, said they were tightening the packaging standards for munitions shipped to the war.

And yet after that meeting, AEY sent another shipment of nearly one million cartridges to Afghanistan that the Combined Security Transition Command-Afghanistan regarded as substandard. Lt. Col. David G. Johnson, the command spokesman, said that while there were no reports of ammunition misfiring, some of it was in such poor condition that the military had decided not to issue it. “Our honest answer is that the ammunition is of a quality that is less than desirable; the munitions do not appear to meet the standards that many of us are used to,” Colonel Johnson said. “We are not pleased with the way it was delivered.”

Several officials said the problems would have been avoided if the Army had written contracts and examined bidders more carefully.

Public records show that AEY’s contracts since 2004 have potentially been worth more than a third of a billion dollars. Mr. Diveroli set the value higher: he claimed to do $200 million in business each year.

Several military officers and government officials, speaking on condition of anonymity because of the investigations, questioned how Mr. Diveroli, and a small group of men principally in their 20s and without extensive military or procurement experiences, landed so much vital government work.

“A lot of us are asking the question,” said a senior State Department official. “How did this guy get all this business?”

An Ambitious Company

The intensity of the Afghan insurgency alarmed the Pentagon in 2006, and the American unit that trains and equips Afghan forces placed a huge munitions order through an Army logistics command.

The order sought 52 types of ammunition: rifle, pistol and machine-gun cartridges, hand grenades, rockets, shotgun slugs, mortar rounds, tank ammunition and more. In all, it covered hundreds of millions of rounds. Afghan forces primarily use weapons developed in the Soviet Union. This meant that most munitions on the list could be bought only overseas.

AEY was one of 10 companies to bid by the September 2006 deadline.

Michael Diveroli, Efraim’s father, had incorporated the company in 1999, when Efraim was 13. For several years, a period when the company appeared to have limited activity, Michael Diveroli, who now operates a police supply company down the street from AEY’s office, was listed as the company’s sole executive.

In 2004, AEY listed Efraim Diveroli, then 18, as an officer with a 1 percent ownership stake.

The younger Diveroli’s munitions experience appeared to be limited to a short-lived job in Los Angeles for Botach Tactical, a military and police supply company owned by his uncle, Bar-Kochba Botach.

Mr. Diveroli cut off an interview when asked about Botach Tactical. Mr. Botach, reached by telephone, said that both Michael and Efraim Diveroli had briefly worked for him, but that after seeing the rush of federal contracts available after the wars began, they had struck out on their own.

“They just left me and took my customer base with them,” he said. “They basically said: ‘Why should we work for Botach? Let’s do it on our own.’ ”

As Efraim Diveroli arrived in Miami Beach, AEY was transforming itself by aggressively seeking security-related contracts.

It won a $126,000 award for ammunition for the Special Forces; AEY also provided ammunition or equipment in 2004 to the Department of Energy, the Environmental Protection Agency, the Transportation Security Administration and the State Department.

By 2005, when Mr. Diveroli became AEY’s president at age 19, the company was bidding across a spectrum of government agencies and providing paramilitary equipment — weapons, helmets, ballistic vests, bomb suits, batteries and chargers for X-ray machines — for American aid to Pakistan, Bolivia and elsewhere.

It was also providing supplies to the American military in Iraq, where its business included a $5.7 million contract for rifles for Iraqi forces.

Two federal officials involved in contracting in Baghdad said AEY quickly developed a bad reputation. “They weren’t reliable, or if they did come through, they did after many excuses,” said one of them, who asked that his name be withheld because he was not authorized to speak with reporters.

By this time, pressures were emerging in Efraim Diveroli’s life. In November 2005, a young woman sought an order of protection from him in the domestic violence division of Dade County Circuit Court.

The woman eventually did not appear in court, and her allegations were never ruled on. But in court papers, the woman said that after her relationship with Mr. Diveroli ended, he stalked her and left threatening messages.

Once, according to the file, his behavior included “shoving her to the ground and refusing to allow her to leave during a verbal dispute.” Other times, she reported, Mr. Diveroli arrived at her home unannounced and intoxicated “going about the exterior, banging on windows and doors.”

The woman worried that she could not ignore him, court records said, because his behavior frightened her.

Mr. Diveroli sought court delays on national security grounds. “I am the President and only official employee of my business,” he wrote to the judge on Dec. 8, 2005. “My business is currently of great importance to the country as I am licensed Defense Contractor to the United States Government in the fight against terrorism in Iraq and I am doing my very best to provide our troops with all their equipment needs on pending critical contracts.”

As AEY’s bid for its largest government contract was being considered, Mr. Diveroli’s personal difficulties continued. On Nov. 26, 2006, the Miami Beach police were called to his condominium during an argument between him and another girlfriend. According to the police report, he had thrown her “clothes out in the hallway and told her to get out.”

A witness told the police Mr. Diveroli had dragged her back into the apartment. The police found the woman crying; she said she had not been dragged. Mr. Diveroli was not charged.

On Dec. 21, 2006, the police were called back to the condominium. Mr. Diveroli and AEY’s vice president, David M. Packouz, had just been in a fight with the valet parking attendant.

The fight began, the police said, after the attendant refused to give Mr. Diveroli his keys and Mr. Diveroli entered the garage to get them himself. A witness said Mr. Diveroli and Mr. Packouz both beat the man; police photographs showed bruises and scrapes on his face and back.

When the police searched Mr. Diveroli, they found he had a forged driver’s license that added four years to his age and made him appear old enough to buy alcohol as a minor. His birthday had been the day before.

“I don’t even need that any more,” he told the police, the report said. “I’m 21 years old.”

Mr. Diveroli was charged with simple battery, a misdemeanor, and felony possession of a stolen or forged document.

The second charge placed his business in jeopardy. Mr. Diveroli had a federal firearms license, which was required for his work. With a felony conviction, the license would be nullified.

(Mr. Packouz was charged with battery and the charge was later dropped; he declined to be interviewed. To avoid a conviction on his record, Mr. Diveroli entered a six-month diversion program for first offenders in May 2007 that spared him from standing trial.)

A relative paid Mr. Diveroli’s $1,000 bail as his bid for the Afghan contract was in its final review.

To be accepted, the company had to be, in Army parlance, “a responsible contractor,” which required an examination of its financial soundness, transport capabilities, past performance and compliance with the law and government contracting regulations.

The week after a relative paid his bail, the Banc of America Investment Services in Miami provided Mr. Diveroli a letter certifying that his company had cash on hand to begin buying munitions on a large scale. It said AEY had $5,469,668.95 in an account.

AEY was awarded the contract in January 2007. Asked why it chose AEY, the Army Sustainment Command answered in writing: “AEY’s proposal represented the best value to the government.”

Eastern Bloc Arsenals

Both the Army and AEY have treated the sources of the ammunition the company purchases as confidential matters, declining to say how and where the company obtained it, the prices paid or the quantities delivered.

But records provided by an official concerned about the company’s performance, a whistle-blower in the Balkans and an arms-trafficking researcher in Europe, as well as interviews with several people who work in state arsenals in Europe, show that AEY shopped from stocks in the old Eastern bloc, including Albania, Bulgaria, the Czech Republic, Hungary, Kazakhstan, Montenegro, Romania and Slovakia.

These stockpiles range from temperature-controlled bunkers to unheated warehouses packed with exposed, decaying ammunition. Some arsenals contain ammunition regarded in munitions circles as high quality. Others are scrap heaps of abandoned Soviet arms.

The Army’s contract did little to distinguish between the two.

When the United States or NATO buys munitions for themselves, the process is regulated by quality-assurance standards that cover manufacturing, packaging, storage, testing and transport.

The standards exist in part because munitions are perishable. As they age, propellants and explosives degrade, and casings are susceptible to weathering. Environmental conditions — humidity, vibration, temperature shifts — accelerate decay, making munitions less reliable.

NATO rules require ammunition to be tested methodically over its life; samples are fired through braced weapons, and muzzle velocities and accuracy are recorded.

For rifle cartridges, testing begins at age 10 years, according to Peter Courtney-Green, chief of the Ammunition Support Office of NATO’s Maintenance and Supply Agency.

The Soviet Union, which designed the ammunition that AEY bought, developed similar tests, which are still in use. But when the Army wrote its Afghan contract, it did not enforce either NATO or Russian standards. It told bidders only that the munitions must be “serviceable and issuable to all units without qualification.”

What this meant was not defined. An official at the Army Sustainment Command said that because the ammunition was for foreign weapons, and considered “nonstandard,” it only had to fit in weapons it was intended for.

“There is no specific testing request, and there is no age limit,” said Michael Hutchison, the command’s deputy director for acquisition. “As the ammunition is not standard to the U.S. inventory, the Army doesn’t possess packaging or quality standards for that ammo.”

When purchasing such munitions, Mr. Hutchison said, the Army Sustainment Command relies on standards from the “customer” — meaning the Army units in Afghanistan. And the customer, he said, did not set age or testing requirements.

With the vague standards in hand, AEY canvassed the field. One stop was Albania, a fortress state during Soviet times now trying to join NATO. Albania has huge stocks of armaments, much if it provided by China in the 1960s and 1970s.

The quality of these stockpiles vary widely, said William D. G. Hunt, a retired British ammunition technical officer who assessed the entire stock for Albania’s Ministry of Defense from 1998 to 2002. He said a military planning to use the munitions had reason to worry: at least 90 percent of the stockpile was more than 40 years old.

“If there was any procurement made for combat purposes from that stockpile, I would be very dubious about it,” he said. “I am not suggesting that all the ammunition would fail. But its performance would tail off rather dramatically. It is substandard, for sure.”

Problems with Albania’s decaying munitions were apparent earlier this month, when a depot outside Tirana, Albania’s capital, erupted in a chain of explosions, killing at least 22 people, injuring at least 300 others and destroying hundreds of homes.

Before the Army’s contractors began shopping from such depots, the West’s assessment of Albanian munitions was evident in programs it sponsored to destroy them. Through 2007, the United States had contributed $2 million to destroy excess small-caliber weapons and 2,000 tons of ammunition in Albania, according to the State Department.

A NATO program that ended last year involved 16 Western nations contributing about $10 million to destroy 8,700 tons of obsolete ammunition. The United States contributed $500,000. Among the items destroyed were 104 million 7.62 millimeter cartridges — exactly the ammunition AEY sought from the Albanian state arms export agency.

Albania offered to sell tens of millions of cartridges manufactured as long ago as 1950. For tests, a 25-year-old AEY representative was given 1,000 cartridges to fire, according to Ylli Pinari, the director of the arms export agency at the time of the sale.

No ballistic performance was recorded, he said. The rounds were fired by hand.

On that basis, AEY bought more than 100 million cartridges for the Pentagon’s order. The cartridges, according to packing lists, dated to the 1960s.

The company also hired a local businessman, Kosta Trebicka, to remove the ammunition from its wooden crates and hermetically sealed metal boxes — the standard military packaging that protects munitions from moisture and dirt, and helps ensure its reliability and ease of transport in the field.

Mr.
Trebicka, in interviews, said Mr. Diveroli wanted to discard the crates and metal boxes to reduce the weight and cost of air shipments and maximize profits. Several American officials said they suspected that the packaging was removed because it bore Chinese markings and the ammunition’s age.

The Czech Connection

As the cartridges in Albania were being prepared for shipment to Afghanistan, Mr. Diveroli began seeking ammunition from the Czech Republic to fill an order for Iraq’s Interior Ministry.

In May 2007, according to two American officials, the Czech government contacted the American Embassy in Prague with a concern: AEY was buying nine million cartridges through Petr Bernatik, a Czech citizen who had been accused by Czech officials of illegal arms trafficking.

The accusations included shipments of rocket-propelled grenades in violation of an international embargo to Congo, and illegal shipments of firearms to Slovakia.

Mr. Bernatik had publicly denied both accusations. But they were deemed credible enough in Washington that he was listed on the Defense Trade Controls watch list, according to one of the American officials.

This list, maintained by the State Department, is used to prevent American dealers from engaging suspicious traders in their business, in part to prevent legal arms companies from enriching or legitimizing black-market networks.

AEY has never been implicated in black-market sales. But the Czech government, which had discretion over the sale, asked the American Embassy if it wanted Mr. Bernatik involved in AEY’s deals, according to the two American officials, who requested anonymity because they were not authorized to share the contents of diplomatic discussions.

The United States did not try to block the transaction, one of the American officials said, in part because equipping Iraq was in the United States’ interest, and also because Mr. Bernatik had been accused, not convicted.

On May 7, 2007, the Czech government issued an export license. Mr. Bernatik, in a telephone interview, said he arranged seven flights to Iraq for AEY last year. “We have a normal business collaboration,” he said.

A Mysterious Middleman

The international arms business operates partly in the light and partly in shadows, and is littered with short-lived shell companies, middlemen and official corruption. Governments have tried to regulate it more closely for years, with limited success.

As Mr. Diveroli began to fill the Army’s huge orders, he was entering a shadowy world, and in his brief interview he suggested that he was aware that corruption could intrude on his dealings in Albania. “What goes on in the Albanian Ministry of Defense?” he said. “Who’s clean? Who’s dirty? Don’t want to know about it.”

The way AEY’s business was structured, Mr. Diveroli, at least officially, did not deal directly with Albanian officials. Instead, a middleman company registered in Cyprus, Evdin Ltd., bought the ammunition and sold it to his company.

The local packager involved in the deal, Mr. Trebicka, said that he suspected that Evdin’s purpose was to divert money to Albanian officials.

The purchases, Mr. Trebicka said, were a flip: Albania sold ammunition to Evdin for $22 per 1,000 rounds, he said, and Evdin sold it to AEY for much more. The difference, he said he suspected, was shared with Albanian officials, including Mr. Pinari, then the head of the arms export agency, and the defense minister at the time, Fatmir Mediu.

(Mr. Mediu resigned last week after the ammunition depot explosions; Mr. Pinari was arrested.) The Albanian government has been infuriated by Mr. Trebicka’s allegations. Sali Berisha, the prime minister, Mr. Mediu and Mr. Pinari all denied involvement in kickbacks. But Mr. Trebicka said that after he raised his concerns about Evdin with the Defense Ministry, his company was forced from the repackaging contract.

On June 11, 2007, Mr. Trebicka and Mr. Diveroli commiserated by phone about problems with doing business in Albania. Mr. Trebicka surreptitiously recorded the conversation, and later gave the audio files to American investigators.

The conversation, he said, showed that the American company was aware of corruption in its dealings in Albania and that Heinrich Thomet, a Swiss arms dealer, was behind Evdin.

In the recordings, which Mr. Trebicka shared with The Times, Mr. Diveroli suggests that Mr. Thomet, called “Henri,” was acting as the middleman.

“Pinari needs a guy like Henri in the middle to take care of him and his buddies, which is none of my business,” Mr. Diveroli said. “I don’t want to know about that business. I want to know about legitimate businesses.”

Mr. Diveroli recommended that Mr. Trebicka try to reclaim his contract by sending “one of his girls” to have sex with Mr. Pinari. He suggested that money might help, too.

“Let’s get him happy; maybe he gives you one more chance,” he said. “If he gets $20,000 from you ... ”

At the end, Mr. Diveroli appeared to lament his business with Albania. “It went up higher to the prime minister and his son,” he said. “I can’t fight this mafia. It got too big. The animals just got too out of control.”

In e-mail exchanges, Mr. Thomet denied an official role in Evdin. His involvement in the Albania deal, he said, had been in introducing Mr. Diveroli to potential partners and officials. Bogdan Choopryna, Evdin’s general manager, also said Mr. Diveroli’s allegations were not true. “We listen to the words of Mr. Diveroli, and then I am responsible for what he is saying?” he said. In addition to being an official with Evdin, Mr. Choopryna, 27, markets products for a Swiss company run by Mr. Thomet.

The dispute about Evdin’s role and who owns it remains publicly unresolved. Evdin had incorporated on Sept. 26, 2006 — the week after Mr. Diveroli bid on the Afghan contract, according to Cyprus’s registrar. The company listed its office in Larnaca, Cyprus, and its general director as Pambos Fellas.

A visit by a reporter to the address found an accounting business above a nightclub. Evdin had no office or staff there. And Mr. Fellas, who was inside, said that he was not Evdin’s general director, but “a nominee director” whose sole role was to register the company.

He had registered hundreds of such companies for a fee, he said, and knew nothing of Evdin’s business.

Some signs point back to Switzerland. Mr. Pinari initially told two reporters that he worked with Evdin via Mr. Thomet. (After a reporter told Mr. Thomet this, Mr. Pinari changed his story, referring the reporter to Mr. Fellas and Evdin’s office in Cyprus.) Mr. Diveroli also said the Cyprus company was run by a “Swiss individual.”

Mr. Thomet has been accused in the past by private groups, including Amnesty International, of arranging illegal arms transfers under a shifting portfolio of corporate names. His activities have also caused concern in Washington, where, like Mr. Bernatik, he and Evdin are on the Defense Trade Controls watch list, an American official said.

Mr. Thomet said past claims that he had engaged in illegal arms trading were caused by “false statements by former competitors.”

Hugh Griffiths, operations manager of the Arms Transfer Profile Initiative, a private organization that researches illicit arms transfers, described Mr. Thomet as a broker with contacts in former Eastern bloc countries with stockpiles and arms factories. His proximity to AEY’s purchases, Mr. Griffiths said, raised questions about whether the Pentagon was adequately vetting the business done in its name.

“Put very simply, many of the people involved in smuggling arms to Africa are also exactly the same as those involved in Pentagon-supported deals, like AEY’s shipments to Afghanistan and Iraq,” he said.

Under the suspension ordered Wednesday, the Army planned to continue accepting ammunition it had already ordered from AEY. As of March 21, it had ordered $155 million of munitions, according to the Army Sustainment Command.

In Afghanistan, American munitions officers are examining all of the small-arms ammunition AEY has shipped. The final shipment, which arrived in wooden crates, included loose and corroded cartridges, according to three officers. At Rock Island Arsenal, the contracting authority said it was cooperating with investigators, who have also visited Albania and Afghanistan.

And in Miami Beach, even before the suspension, AEY had lost staff members. Michael Diveroli, the company’s founder, told a reporter that he no longer had any relationship with the company. Mr. Packouz, who was AEY’s vice president, and Levi Meyer, 25, who was briefly listed as general manager, had left the company, too.

Mr. Meyer offered a statement: “I’m not involved in that mess anymore.”


C. J Chivers reported from Nawa, Afghanistan, Russia and Ukraine; Eric Schmitt from Washington and Miami Beach; and Nicholas Wood from Tirana, Albania. Reporting was contributed by Alain Delaquéričre and Margot Williams from New York, James Glanz from Baghdad, and Stefanos Evripidou from Cyprus.

 

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US Army suspends suspect Afghan munitions deal
by Jim Mannion Thu Mar 27, 4:58 PM ET


WASHINGTON (AFP) - A defense contractor reportedly led by a 22-year-old has been suspended from doing business with the US government for allegedly supplying Afghan security forces with old Chinese-made munitions in violation of its contract and US law, officials said Thursday.

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Until an investigation has been completed, AEY Inc. and its president Efraim Diveroli, have been suspended from future contracting with any US government agency, according to officials and army documents obtained by AFP.
chinese_ammo
Diveroli was notified in a letter March 25 that he had been suspended because he provided certificates declaring the ammunition was made in Hungary, "when in fact the majority of the ammunition was manufactured in the People's Republic of China between 1962 and 1974," according to the document.

Using Chinese-made ammunition violated the terms of the contract, the notice of suspension said. Army officials said it also violated a US law that prohibits arms purchases from China.

In January, investigators inspected munitions stored at a bunker in Afghanistan and found that 14 of 15 containers of 7.62-caliber ammunition supplied by AEY Inc. were manufactured in China, the army memo said.

The army's Criminal Investigation Division is conducting an investigation into procurement fraud, an army official said.

The army memorandum, which was prepared by its legal services agency, said making false or misleading statements was punishable by fines or up to five years in prison.

Representative Henry Waxman, chairman of a House committee that oversees government contracting, scheduled a hearing into the matter for mid-April.

The New York Times, which first disclosed the problems with the contract, said AEY Inc operates out of an unmarked office in Miami Beach, Florida.

Diveroli, it said, was 19 years old when he became president of AEY Inc in 2005 and began bidding on an array US government munition contracts.

The company, which was founded by his father in 1999, has eight employees, the army said.

Between March and December of 2007, the army placed orders for more than 223 million dollars worth of munitions with AEY, according to the army memo.

Most of it was ammunition for AK-47 rifles and light machine guns, and grenades for rocket-propelled grenade launchers, the memo said.

The Times said the ammunition AEY provided was more than 40 years old and in decomposing packaging.

Pentagon spokesman Bryan Whitman said the army was looking into the origin of the munitions and complaints about substandard packaging of the munitions delivered to Afghanistan.

US military officials in Afghanistan stated "no safety incidents were reported and (there were) no reports of any ammunition that has malfunctioned associated with this particular contract," he said.

"That said, there is some concern with the packaging of the ammunition that's not in accord with the type of standards that we would like to see and would expect in the performance of this contract," he said.

The Times said the contractor had worked with middlemen and a shell company on a US list of entities suspected of engaging in illegal arms trafficking.

It also raised questions about how the army vetted AEY, a previously unknown defense contractor whose principle officers had little experience in army procurement.

In 2005, the year Diveroli became president, AEY was awarded 59 contracts valued at 7.2 million dollars, primarily by the Defense and State Departments, according to the army memo. In 2006, it was awarded 48 contracts valued at 2.4 million dollars, it said.

The big step up came in fiscal 2007 when it was awarded 29 government contracts valued at 201.7 billion dollars.

"This extreme increase in the value of AEY's government contracts can be attributed to the award of ... a requirements type contract to provide non-standard ammunition to the Afghan National
 


What's not explained in the article is: "Who are these people?"

UPDATE: With lots of help from my alert readers, I've found out more about the clan involved.


The NYT article does mention that Diveroli got his start working briefly for his uncle Bar-Kochba Botach's weapons shop, Botach Tactical.

minority contract
Here's a fun discussion thread entitled "BotachTactical.com is by far the worst company I have ever dealt with...,  
Botach Tactical is a state-licensed and city-contracted bulk gun supply business in operation on the corner of Crenshaw Boulevard and 43rd Place, it was learned this week.

The gun dealership, owned by Bartochba Botach, was discovered Friday by Rep. Maxine Waters, D-Los Angeles, and a group of Crenshaw area residents, who, responding to rumors, went to the unmarked storefront at 3423 W. 43rd Place and demanded entry.

Once inside, the group, which included the congresswoman’s daughter, Karen Titus, and activists Steve Cokely, Sandra Moore and Maurice Griffin, confronted Botach, who admitted to being a gun merchant.

“He said he is an international arms dealer with a government contract and that everything he does at his Crenshaw store is legal,” Moore said. “He told us he has a right to be in there, but we didn’t.

“He said, yeah, he sells guns and ammunition in bulk, but only to law enforcement and the military,” Moore added. “He said he is an Israeli and that he operates the gun business with his family. I asked him why he had to sell them in our community. I was angry, so I told him to go sell them in his own community.”

Moore described the site as the neighborhood’s former pawnshop, stripped of all identifying signage and fortified with thick, double-plated glass. “And dogs,” she said.

“He’s got several vicious dogs on the premises. The guy said he also owns Maverick’s Flat across the street from his gun store and he uses it as a warehouse, so we went over there, too, and I ran into a cop coming out with a box of bullets.”

Waters, Moore and company went directly to the office of their city representative, Councilman Bernard Parks, to report and protest the presence of the gun dealership. Parks spent the next two days researching the business in question and Tuesday reported the following:

Botach Tactical is a gun supply store that has allegedly been operated by Botach for 12 years. Parks said Botach has had other businesses in the community for at least 20 years.“He said, yeah, he sells guns and ammunition in bulk, but only to law enforcement and the military,” Moore added.

 

“He said he is an Israeli and that he operates the gun business with his family. I asked him why he had to sell them in our community. I was angry, so I told him to go sell them in his own community.”

The councilman said Botach has a current valid state license to sell arms and is contracted by the Los Angeles Police Commission to buy and sell guns, ammunition and arms-related materials in bulk through the Internet to police agencies around the country.

Assemblyman Mark Ridley-Thomas, D-Los Angeles, who was the area’s city councilman for 12 years before Parks’ election, Tuesday disputed the 12-year operation of the gun dealership at the 43rd Place site.

“It has always been a pawnshop,” Ridley-Thomas said. “When did it turn into a gun store? How did it turn into a gun store? You can’t change the use of a building without proper notification, permits and public hearings.

“Where are the public notification documents?” Ridley-Thomas asked. “This is something the residents would have had to be apprised of in advance and be allowed to respond to before such a business began operating.

“A pawnshop showed up at that location shortly after the [1992] civil unrest and people didn’t like it there. It had always been a controversial site as a pawnshop. How did it shift from a pawnshop to a gun shop, which is something even more controversial?”


In 2006, Luke Ford noticed this LA Daily News story about the SoCal arms dealer who appears to be the uncle of Efraim Diveroli:


Makeup artist to the stars Judith Boteach thought she had found true love when it took four people to carry all of the flowers and jewelry lavished on her the day multimillionaire Yoav Botach proposed marriage.

Boteach said she learned a month after their Orthodox Jewish wedding ceremony that her groom hadn't obtained a California marriage license, but she believed in their future together.

"I loved him," said Boteach. "I trusted him and he kept telling me (the wedding license) wasn't necessary."

But their relationship ended unhappily, with Boteach kicked out of the couple's Beverlywood home in her nightgown. And she is now embroiled in a court battle for half of Botach's fortune - millions of dollars she claims he promised her should the couple ever split.

"This is the largest palimony case in American history," said Robert W. Hirsh, Boteach's attorney, who explained that his client cannot fight for alimony since she and Botach were never legally married.

According to court records, Botach co-owns 144 commercial and other properties in Los Angeles, as well as Botach Tactical, a nationwide distributor of police and military equipment. But Boteach is seeking access to financial documents to determine the defendant's assets. "We would not be surprised if his net worth is $700 million," Hirsh said.


Judith Boteach apparently now runs a Moroccan restaurant, BBC Cafe, in Beverly Hills. An LA Times restaurant review describes her as "Judith Boteach, the charismatic Moroccan American chef and co-owner and her partners Jay and Karine Kaplan and Gabriel Azoulay."


Apparently, Yoav Botach is the father of Rabbi Shmuley Boteach, author of the bestseller Kosher Sex and host of the Shalom in the Home reality TV show on TLC Network. He calls himself "America's Rabbi" on his website.





The treasurer of the dubious Michael Jackson charity was Shmuley's sister, Alteret Diveroli, which is the name we started with.


But, I must say, at this point there are so many Botaches and Boteaches and Yoavs and Bar-Kochbas floating around that I may have well have gotten some of this wrong.

The VP and #2 officer of Diveroli's AEY the firm that got the huge contract from the taxpayers, is 25-year-old licensed masseuse David M. Packouz. He appears to be the son of Rabbi Kalman Packouz (a.k.a., Kenneth M. Packouz) of Miami Beach, author of How to Prevent an Intermarriage. Rabbi Kalman is Executive Director of Aish HaTorah Jerusalem Fund.

There's been a lot of speculation over how young Diveroli got this lucrative contract. One common suggestion is that perhaps he's a big Republican campaign donor.


Yet, the only person mentioned in this posting who has contributed to a Presidential candidate over the last decade, according to OpenSecrets.org, is pawnshop owner turned merchant of death Yoav Botach, who gave $1,000 to John Edwards last year.

Overall, it just sounds like a whole family full of self-starters.


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