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Sywert's Millions

Sywert's Millions

Marieke Smeltink en Nicoline van Deemter
18 december 2024

Sywert’s Millions

Recently, the Public Prosecution Service (OM) announced that Sywert van Lienden and his associates, Berend Damme and Camille van Gestel, will face criminal prosecution over the mask deal. At the start of the COVID-19 pandemic, Sywert and his business partners struck a deal with the Dutch Ministry of Health. This deal sparked outrage when it was revealed that the men had profited millions while presenting their efforts as selfless contributions to securing protective equipment for healthcare workers. What led to this situation, and what might be the outcome of the criminal case?

The Mask Deal: What Happened?

In March 2020, the coronavirus pandemic broke out. Due to the hoarding of face masks and tightened export requirements in China, there was an enormous global shortage of face masks. The Dutch government was urgently searching for resources to protect the health of healthcare workers in particular.

From March 20, 2020, Sywert became actively involved in the face mask crisis through posts on X. He reached out to various companies and healthcare buyers, securing his first deal with their help. Meanwhile, Sywert and his partners registered their own foundation, Stichting Hulpgoederen Alliantie (SHA), with the Dutch Chamber of Commerce. This non-profit foundation aimed to provide healthcare workers with the necessary protective equipment to combat the coronavirus. In addition to the foundation, the three partners also established a commercial entity: Relief Goods Alliance(RGA).

At the same time, Sywert increased pressure on the government to collaborate with him. For example, he wrote on X: “Believe me: within 1-2 weeks, everyone in the Netherlands can work safely in healthcare. You just need to learn to collaborate and not think in narrow bureaucratic silos. Just do it!” This message had an impact. The Ministry of Health, Welfare, and Sport entered negotiations with him, resulting in a deal in April 2020. RGA would deliver 40 million face masks and receive €100 million in return.(3)

A year later, in May 2021, investigations by de Volkskrant and Follow the Money revealed that Sywert had not concluded the deal on a non-profit basis. (4) The money flowed to the three partners via the commercial RGA entity, and the men earned millions from it. On June 6, 2021, Sywert admitted on the TV program Buitenhof that he had earned an “excessive amount” from the deal, but he refused to return the money.(5)

The outrage was immense when it became clear that the deal had been executed through this structure. This led to legal complaints from companies that had worked pro bono for SHA, investing time and money to facilitate the procurement, transport, and sale of face masks. Additionally, the Public Prosecution Service launched a criminal investigation, and on February 28, 2022, the three men were arrested and questioned by the Fiscal Intelligence and Investigation Service (FIOD). The trio was suspected of embezzlement, money laundering, and fraud. On April 28, Van Lienden and Damme were suspended as board members of SHA by court order. (6)

Lawsuit

In the civil lawsuit, the Dutch State and the new board members of SHA are demanding that Sywert and his partners return the millions in profit. The plaintiffs argue that Sywert used the foundation as a façade to secure a deal, the proceeds of which were then secretly funneled to the commercial entity RGA. Several orders that came through SHA were redirected to RGA, allowing the profits to go to the three shareholders.

According to de Volkskrant, both volunteers and employees of SHA, as well as clients, were misled about the hidden commercial interests. RGA’s terms and conditions even stated: “RGA operates as Hulptroepen Alliantie.” The plaintiffs claim they were unaware that RGA had no connection to SHA. However, Sywert and his partners maintain that it was clear to all parties involved that RGA was their for-profit commercial business. (7)

Sywert and his business partners point to past statements by ministers. According to them, the ministers had claimed it was irrelevant whether the money went to a foundation or not. Quality and delivery reliability were the priority. (8)Furthermore, the defendants argue that the government was fully aware that it was engaging with a commercial company, claiming this decision was made at the ministry’s insistence. A civil servant involved in the negotiations allegedly stated that a deal with a non-profit organization would be impossible for various reasons. This, they claim, was why the trio established the commercial entity. (9)

"The decision not to work with the foundation but with RGA was not mine," Sywert stated. According to him, this was the State’s choice. Sywert’s lawyer, Jeroen Oerlemans, also claims that many officials and ministers were aware that Sywert and his partners would make a profit. In his view, their priority was simply to secure the face masks.(10) He argues that the State’s current demand to recover the millions is solely due to public pressure and moral concerns. (11)

However, according to the State’s lawyer, the ministers at the time based their decision on incomplete documentation. New evidence has since made it clear that the ministry was indeed misled. (12)Furthermore, the plaintiffs argue that creating confusion was a deliberate strategy. (13) The State had always assumed that profit-making was not the goal. (14)

Finally, Sywert and his business partners argue that they structured the deal under their own company to prevent the foundation from taking on any risk. However, the plaintiffs claim that the trio faced little to no real risk, as the Ministry of Health, Welfare, and Sport (VWS) paid everything upfront. For this reason, the men were convinced they would become “filthy rich.” According to Sywert and his partners, statements from agreements made at the time have been taken out of context. Their lawyer, Van Damme, argues that the chats in question were merely “kitchen-table conversations” that anyone might have.

Nevertheless, chats have surfaced in which Sywert, a few days before the deal, explicitly stated that he was doing it “for money.” In another chat, he said, “Now it’s really finalized—never any money worries again.” The State’s lawyer counters that Sywert is wrongfully portraying himself as a victim. “Van Lienden insists he was forced to become a millionaire. But they were fully aware they were committing fraud,” the State’s lawyer argued. (15)

Whats next?

On November 21, the Public Prosecution Service (OM) announced that they would (criminally) prosecute Sywert and the other SHA board members for fraud, embezzlement, forgery, and money laundering. The first hearing is scheduled to take place on December 19 this year. The outcome of this case is still pending. However, Sywert claims the case file undermines the allegations. “This step is damaging but also provides clarity: we can finally get started,” he wrote on X. The verdict in the civil case is expected on February 5. The court will then decide where Sywert’s millions will ultimately go.As for the face masks themselves, only a fraction of them was ever used. The rest remain in storage or have since been rejected due to new regulations.

(1) OM vervolgt Sywert van Lienden en compagnons om mondkapjesdeal
(2)https://decorrespondent.nl/12889/hoe-konden-mondkapjes-zo-schaars-zijn-aan-het-begin-van-de-pandemie/d0bd7bb7-0e1a-0ae6-3fcd-127ab4c703a4
(3) Van Lienden en de mondkapjesaffaire, een tijdlijn
(4) De geheime coronadeals van Sywert van Lienden | de Volkskrant
(5) 6 juni: Sywert van Lienden - Buitenhof - AVROTROS - BNNVARA - VPRO
(6) Van Lienden en de mondkapjesaffaire, een tijdlijn
(7) Op mededogen van ‘bedrogen’ overheid hoeven Sywert van Lienden en partners niet meer te rekenen | de Volkskrant
(8) https://nos.nl/artikel/2517708-rechtszaak-over-de-miljoenen-van-sywert-van-lienden-van-start
(9) Op mededogen van ‘bedrogen’ overheid hoeven Sywert van Lienden en partners niet meer te rekenen | de Volkskrant
(10)https://www.nu.nl/economie/6337774/staat-haalt-uit-naar-van-lienden-hij-wist-dat-ze-mondkapjesbedrog-pleegden.html
(11)op-mededogen-van-bedrogen-overheid-hoeven-sywert-van-lienden-en-partners-niet-meer-te-rekenen~ba0e2775
(12)https://nos.nl/artikel/2517786-mondkapjes-partijen-kruisen-degens-in-rechtszaal
(13)https://www.nu.nl/economie/6337774/staat-haalt-uit-naar-van-lienden-hij-wist-dat-ze-mondkapjesbedrog-pleegden.html
(14)https://www.volkskrant.nl/binnenland/op-mededogen-van-bedrogen-overheid-hoeven-sywert-van-lienden-en-partners-niet-meer-te-rekenen~ba0e2775/?referrer=https://www.google.com/
(15)https://www.nu.nl/economie/6337774/staat-haalt-uit-naar-van-lienden-hij-wist-dat-ze-mondkapjesbedrog-pleegden.html
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