Nasser Al-Khelaïfi case: a controversial memorandum of understanding

It is a curious four-page document which is at the heart of the affair between the Qatari Nasser Al-Khelaïfi, known as “NAK”, boss of Paris Saint-Germain and the BeIN Media group, and the Franco-Algerian lobbyist Tayeb Benabderrahmane . Co-signed on July 10, 2020, by Mr. Benabderrahmane, represented by the Parisian law firm Oplus, and one of the lawyers of “NAK”, Renaud Semerdjian, this transactional “memorandum of understanding” was supposed to “put an amicable end” au “dispute” between the two men “relating to the misappropriation by Mr T. [M. Benabderrahmane] confidential documents to the detriment of the victim [M. Al-Khelaïfi] ».

The world has read this document, “governed and interpreted in accordance with French law”which lists a series of “declarations and undertakings”, and which Mr. Benabderrahmane has been contesting since September 2021 before the Paris court. The lobbyist believes he initialed him under duress while he was under house arrest at the Intercontinental Hotel in Doha, with a ban on leaving Qatar, after five and a half months of detention ” arbitrary “ in the emirate.

As a preamble to this agreement, “Mr. T. acknowledges having unlawfully appropriated confidential documents, the purpose and content of which he notably altered/falsified”. The nature of these famous documents, to be delivered on the day of signature of the protocol, is not specified. Reference is made to “audio, video and photo recordings on any medium of any kind whatsoever, of all writings/confidential documents, originals and/or copies (…) directly or indirectly related to the person and/or the family, professional or public life and/or the activity of the Victim and or the companies he represents, held directly or indirectly by Mr. T. or his affiliates [« membre de sa famille et toute personne ayant eu connaissance des agissements de Monsieur T. » et « toute personne en possession (…) ou ayant participé directement ou indirectement à l’obtention, la garde ou l’utilisation des documents confidentiels »]. »

Three USB sticks

An appendix lists three USB keys and one “black external hard drive” “in possession” of “Mister T” and/or his “affiliates” and that Mr. Benabderrahmane has undertaken to return in full to Mr. Al-Khelaïfi.

As evidenced by a letter dated June 15, 2020, three supports were submitted by Olivier Pardo, the lawyer for Mr. Tayeb Benabderrahmane and the Moroccan Hicham Karmoussi (who would have signed two protocols for him) – former confidant of “NAK” and alleged source of said documents – to Francis Szpiner, one of Mr. Al-Khelaïfi’s lawyers. Me Pardo assures that he ignores the content. Three supports are presented on two photos attached to the mail. Contacted, Me Pardo declined to comment, being “subject to professional secrecy”.

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