Investigators spied on journalists in dodgy face mask deal; State files civil suit

Investigators looking into any criminality in the Dutch government's controversial deal to acquire face masks via the Relief Goods Alliance (RGA) spied on a meeting between Sywert van Lienden, his business partners Bernd Damme and Camille van Gestel, and three journalists from De Correspondent. The meeting took place in March 2022 at Hackfort Castle in Vorden, and the use of eavesdropping equipment was approved by the Public Prosecution Service (OM), according to Damme's lawyer, Han Jahae. The attorney confirmed earlier reporting by the Financieele Dagblad.

The revelation emerged on the same day that it became clear that the Dutch State will file a civil suit against RGA. Outgoing Minister Conny Helder for Long Term Care said in a letter to parliament that she decided to file a civil lawsuit based on advice from the State Attorney. She wants to safeguard the rights of the State, she wrote. In the interest of the procedure, Helder said she would not comment on the contents of the summons.

Lawyer: Van Lienden and colleagues were spied on during press interview

Damme's attorney recently found out that the conversation with the journalists was tapped. During the meeting, the key players in the face mask deal were going to tell the journalists their side of the story in detail, and how things really played out. “A verbatim report of 181 pages was made about everything that was said. That report was recently added to the criminal file,” said Jahae.

According to the lawyer, a telephone conversation between Van Lienden and the journalists from De Correspondent may also have been tapped. Microphones are believed to have been hung at the location after the telephone appointment, or during the meeting at the castle. This involved three microphones inside and one microphone outside.

“That is of course shocking,” said Jahae. “Eavesdropping on journalists is not done and is only allowed in extreme circumstances, for example when state security is at stake. In this case it is absolutely out of proportion.”

Van Lienden himself did not want to respond to the story by telephone, because he said his phone was tapped. He did say on X, “If you tell your story to journalists, a building will be filled with listening equipment.” He also said he feels bad for the journalists involved. “If journalists/sources have to fear legal consequences due to loss of source protection, it undermines journalism.”

The Public Prosecution Service has not yet responded to a request for rebuttal. The OM is conducting the criminal investigation into Van Lienden, Damme and Van Gestel in the face mask deal, which includes allegations of money laundering. The prosecutors believe the organization's directors channeled customers from their non-profit foundation to a commercial business that was separate from the foundation, which netted them millions of euros.

State files civil suit against Sywert van Lienden's company over dodgy face mask deal

The Dutch State is taking Sywert van Lienden’s company, Relief Goods Alliance (RGA), to court over the controversial face mask deal. Outgoing Minister Conny Helder for Long Term Care reported in a letter to parliament that she decided to file a civil lawsuit after advice from the State Attorney. She wants to safeguard the rights of the State, she wrote. In the interest of the procedure, Helder cannot comment on the contents of the summons.

Van Lienden secured a major deal from the Ministry of Public Health (VWS) at the start of the coronavirus pandemic. During that period, there was a major shortage of personal protective equipment worldwide, especially face masks. He supplied tens of millions of face masks worth 100 million euros. Despite claiming it was non-profit, Van Lienden and his business partners earned approximately 30 million euros from the deal. When this came out, there was great social and political unrest. Van Lienden was a television personality and member of the CDA at the time.

VWS later asked two research agencies, Deloitte and Ebben, to investigate this deal and the purchase by other suppliers. These investigations also cost over 10 million euros in taxpayers’ money. The reports showed that several suppliers made significant profits during the coronavirus crisis and that VWS and the National Aid Consortium did not find the high profit margins an obstacle to concluding contracts.

Helder previously called those high margins “undesirable and ethically irresponsible.” In June, she indicated in a letter to parliament that she would like to reclaim the damage the State has suffered from Van Lienden. The State Attorney has now advised her “to issue a summons on behalf of the State concerning the transactions with RGA.” The Ministry is still examining whether it will also take other suppliers to court.

Van Lienden said that as far as he is concerned, the contents of the summons can be made public. “By making the summons public, everyone (but especially parliament) can compare this text with the results of conducted investigations, letters to parliament, debates, interviews, statements, interrogations, conversations, and all other statements from the Ministry and those involved,” he wrote on X.

The civil lawsuit against RGA is separate from a criminal investigation by the Public Prosecution Service into Van Lienden and his business partners. Helder previously transferred the two investigation reports to the Public Prosecution Service.