Jimmy Rakotofiringa alias BB, President of the FSAM (Federation of Motorsport of Madagascar) fall on his head to dare to go shamelessly, in a forbidden sense (also called one-way) and without seat belt? It seems to be the case. And when he imitates the governance of the political party HVM, it is unforgivable for an elected official in the motorsport world. Very simple explanations because, with this kind of twisted spirit, everything tends to be very complicated. Except the Truth.
Because, yes, ladies and gentlemen, this individual who considers himself a giver of lesson is heavily involved in a case of abuse of social goods, misappropriation of funds, fake and fake uses and this case is under way. There is a time to everything and everything in its time. A few weeks ago, newspapers had published a story not so anodyne.
FUNDRAISING: Scandal within a sports federation
By Freenews on 06/03/2017
A criminal process is currently under way against a president of a sports federation. In order not to encroach on the investigations and to respect the presumption of innocence, neither the name of the federation nor the name of the person concerned will be cited. What can be said so far is that several members of this major sports association have filed a complaint against their president for misappropriating a large amount of foreign currency.
According to the surveys carried out, this federation receives funding from an international body. Since 2012, the amount of this financial assistance would amount to several tens of thousands of euros. In order to fulfill the conditions of eligibility, Madagascar must submit to this body well-defined sports programs. A technical and financial offer is sent to be studied by this international entity. To constitute the files, the Malagasy federation must call on consultants and a team of experts from the same association. The latter are remunerated and their profile and each of their attributions are mentioned in the final activity report. Once the program has been validated, an invoice is issued to make the payment. Each selected program is subsidized per tranche. The fund should be empty again after the settlement of the selected projects and the administrative expenses. But for the sake of cash flow, some members who worked on the financing file preferred not to receive their salary. However, in March 2016, one of the members of the federation discovered by chance a large remaining amount in the fund. A difference of several thousand euros if we remove the amount foreseen for the salaries not collected. For the past year, the federation has no treasurer. As a result, the president manages both the fund.
60 000 euros
Alerted by this anomaly, the people who formed themselves as volunteers immediately called their president to account. Very skilled and manipulative, the principal concerned tries to justify himself but in vain. In June 2016, the team of consultants preferred to claim their remuneration for fear of possible embezzlement. So far, this request has not been successful. The president refuses to give the supporting documents for the statement of account. A complaint for financial fraud and embezzlement is filed against him. In total, this individual is suspected of having diverted a sum around 60,000 euros. Being in a bad position, the president of this federation tries to use all his relations to get out of the situation. He would even have solicited the intervention of senators but without success. Today, he wants to place himself as a victim and seeks to lobby the presidents of sports clubs. According to the cross-checks, the president in question would have paid the bills of his mistress's Jirama through checks in the name of the federation. Still according to our investigations, the man would not be at his first embezzlement because he was already sentenced to 8 months of suspended prison for a file of the same kind. The active members of this sports federation simply demand his resignation. Despite a lack of cash management, the president refused to return his apron. This case illustrates the problem that weakens the major sports federations in Madagascar. All disciplines, corruption, misappropriation and trading in influence tarnish the image of sport in the country. The judgment on this case will allow us to bring more precision.
Until then, in the local newspapers, no names are cited. The "president of a sports federation" then alerts the club presidents to defend him. And this is where his politicization of the Nivo Ratiarison case, the ex-cabinet director of the former minister of communication, is condemned to 5 years of forced labor for embezzlement of public funds, among others. What happened? Anyway, here's the report of another local newspaper:
Motor sport – Executive Committee remains in place
24.03.2017 | L’Express de Madagascar
Jimmy Rakotofiringa, alias Bebeh, president of the Federation of Motorsports of Madagascar remains in place. The same applies to the members of the Executive Committee. Half a dozen people demanded their departure a few days ago.
An extraordinary general assembly was organized yesterday at the Palace of Sports and Culture Mahamasina. The main agenda was the formalization of a convention to ratify their resignation.
The eleven clubs, constituting the FSAM, then proceeded to a vote. This resulted in the rejection of this convention, up to ten votes to one. The clubs have reaffirmed their confidence in the current federal leaders who will continue their activities and remain in office for the final year of their term.
The next election is scheduled for 2018. In a fortnight, the FSAM will hold an ordinary general meeting. Concerning the final schedule of the competitions for the 2017 season, it should be published soon. What is certain is that the dates scheduled for March will be postponed to later dates.
In fact, Jimmy appealed to his friend Senator Berthin Randriamihaingo, the prime author of a "convention" that put more pressure on the initial content than on few presidents. Thus, in spite of this convention signed by all the club presidents, the opposite happened, by show of hands vote. From then on, he is still in Madagascar "a society that is both efficient and fair," says Emmanuel Macron, candidate for the second round of the French presidential election. So, this president of the FSAM, re-elected in 2014 feels his wings have grown and believes that everything is permitted. But his financier (treasurer) preferred to leave this opaque FSAM without his financial management, precisely...
At the General Assembly (the 4th in less than a month, a record) held on April 25, 2017, he got on his high horses and threatened to suspend, for 5 years, licensed pilots, with an excuse that a "moral prejudice against the leaders of the federation" and a "anti-sport ethics" approach. For Jimmy Rakotofiringa, strong of his political support therefore, to denounce a bad management constitutes moral prejudice. But who is this energumen who claims to give lessons and who even dared to threaten licensees?
Here, reality and truth will fall to him with shortened arms with irrefutable proofs in support. This allows you to discover also a man capable of everything, the worst especially. He who speaks of moral prejudice, what does he know about morality, precisely? Read the following:
Yes, ladies and gentlemen: this lesson giver has indeed been condemned for abuse of confidence in a big money story. Thus, in the context of managing the money granted by the FIA (International Automobile Federation) it is nothing but a vulgar recidivist. Of his private life, let him deal with it, but facing this antecedent, it was more than normal that club presidents ask for accountability. But what did this gentleman suddenly do to become shabby by his own fault? In the aftermath of his reelection in 2014, he announced the color of what his mandate would be by threatening his challenger. Not orally but in writing. I will publish this in due course along with an audio recording if necessary.
In fact, what do these presidents of the club, pilots licensed more, less amorphous than other presidents, robots by habit or pressure, without vision for a better tomorrow because living the present time?
* Conduct an audit on the FSAM account. To do this, four entities were approached. But Mister Jimmy, the recidivist, has always avoided this solution. Why? Here are the grievances that this president of the FSAM should have read at the General Assembly of April 25, 2017. But he did not do so and, instead, has threatened a suspension of 5 years - Nor less, contrary to the statutes and the internal rules of the FSAM. I do not want to go into a Rolly Mercia-juridism-type but you are free to investigate on this subject.
“AMBARA FA MELOKA” means: IS DECLARED GUILTY and “NIVADIKA FITOKISANA” means ABUSE OF TRUST
So this is where we are with regard to this recidivist who simply politicized the world of motor sport in Madagascar.
Going back to its decision to suspend fair people, it would be in the best interest to read and reread Annex 1 of the Rules of Procedure concerning the Disciplinary Board that it intends to put in place AFTER its sentence of 5 years suspension. But it's HVM style after all that! Finally, at the GA of April 25, yesterday, he wants to be stronger than the HVM. Indeed, it will change the system of decision in proportion to the votes by the vote by show of hands. You see, it is like the current leaders of the country vis-à-vis the Constitution thanks to Jean Eric Rakotoarisoa ...
Now it is up to him to prove that the entire above are lies. And, why not, take me to the court. We never knowtt.
However, he must know, that with me, investigation is not "playing the lottery of “double or quits" (phrase used in its threats). I never go to war against injustice and thieves, without several other proofs in my bag.
So? It will soon be seen whether Madagascar is truly a state of law or whether the Great Island has become the paradise of all kinds of criminals. Certainly, Jimmy Rakotofiringa is of Asian stock (it's not racism, it's a historical revelation, his ancestor Chan built the rail Tamatave-Tananarive) but he should stop his politics of wanting to take himself for the clean leader that it is not, that it can no longer be and that it also stops taking advantage of the fact that Madagascar is still and always the country of the "moramora" (nonchalance).
And I wonder, who -here or elsewhere- would have the power to force him to perform an audit of the FSAM account. By refusing, he gives a living proof that, indeed, something is not clear.
Jeannot Ramambazafy – 26 april 2017
THE GRIEF THAT JIMMY RAKOTOFIRINGA HAS NOT ENROLLED ON THE AGENDA OF THE AGM OF APRIL 25, 2017 AND THEREFORE HAS NOT BEEN READY (Pdf format in french here)
Antananarivo, 21 April 2017
To the President of FSAM
Attachments: 06 (Editor's note: some distributed above)
Copy to: Ministry of Guardianship, Federal Sport Directorate, club presidents.
We, the undersigned, have the honor to present to you this grievance for the facts mentioned below in the world of Malagasy motorsport. Indeed, despite the many temptations to find a common solution for sport, it turns out that the words are manipulated and misinterpreted, which results in a crucial lack of communication and understanding among club Malagasy managers and licensees. Thus, we hope that this grievance will allow all the entities to be on the same level of information, concerning the problem within motorsport.
At the same time, we refer the matter to the relevant Ministry, for, according to Article 31 of Law 97-014: "Article 31.- The Minister in charge of Sport shall be responsible for the proper functioning of sports organizations and for Sports ethics within sports movements; Control over the constitution of the bodies holding the delegation of power, as well as their activities and management, is carried out by the Ministry of Sport "
Hereafter the subjects of our grievances:
1.Non-transparency of the management of funds within the FSAM:
Following the funds granted by the International Automobile Federation (FIA) for four well-defined programs (training of officials in 2012, training of trainers and training of young pilots in 2013-2014, impact training Environment of sport in 2015), totaling 213,040.20 Euros, an opaque management was observed. Indeed, each program received a distinct funding and the funds had to be allocated to each budget line approved by the FIA. It is clearly stipulated that unused funds should be returned to the FIA.
Unfortunately, by the end of 2016, 2 years after the last funding was granted, FSAM still had a substantial sum in its foreign currency bank account. This prompted us to investigate because, despite the fact that the administrative costs of project preparation and management were not paid by the President, despite the approval of these costs in the FIA budget (line E001 of the approved budget), the amount exceeded the totality of the outstanding amounts.
Considering this discovery as an administrative problem, we asked the President and asked him the necessary questions in order to shed light on this money; We also requested that he proceed to pay the administrative costs as stipulated in the contract with the FIA. Despite our many requests, the President refused to proceed until we started sending a bailiff. From then on, the President has decided to make payments but contrary to budget lines (reminder mails can be printed to constitute vouchers for this process).
In early 2017, as the President still refused to pay the administrative costs and explain the funds, we decided to take legal action
(Exhibit N ° 01-Certificate of complaint dated 01/03/2017).
2.Manipulation of club presidents by the president and criminal conviction:
Once a complaint has been lodged with the economic police of Antananarivo, the President of the FSAM has convened the club presidents to inform them of the situation. Surprisingly, the President refused to allow a representative of the complaining party to attend the meeting. At this meeting, the president of the FSAM informed the club presidents of HIS version of the facts. Following this meeting, the President of the FSAM again asked for help via a Senator who in turn asked a colleague who is a member of a car club to take care of this case because he is in a better position to find a solution.
A meeting was organized at the restaurant TELOZORO on 06 March 2017, an opportunity for club presidents to listen to both versions of the story. At the end of the meeting, the President of the FSAM agreed to resign from his post of his own free will (Exhibit N ° 02-Convention of 06/03/2017). Indeed, the latter, having a criminal conviction of 8 months of imprisonment suspended, fears any legal action. As a result, he manipulated the club presidents by distorting the information so that the latter would take sides for him. One of the reasons he put in advance was the fact that because of this approach, the sporting season might not take place. Indeed, this argument has sparked a great discussion among the licensees who invested in the season. Hence the preference of club presidents.
The General Assemblies (GAs) organized in recent times remain living proofs of this manipulation. An agreement was signed at the end of the meeting with the complaining party and the committee of the federation. At the first Extraordinary General Meeting, only one club kept its word and respected its signature. When questioned, the club presidents replied that the FSAM president informed them that he had been summoned to the police for an investigation and, as a result, the complainant had not respected his commitment to the convention. With hindsight, and remaining positive and honest, it is a manipulation and a distortion of the facts. Indeed, the judicial procedure would be suspended when the agreement is validated by the GA (ie after the GA) and the President undertakes to audit the accounts and to reimburse any deviations from the result of the audit.
According to article 3 of decree 2010.001: "The Ministry in charge of sport may, if the circumstances so require, carry out an administrative or financial control to clarify the situation of a sporting group whose management is implicated".
The same decree also stipulates that the Ministry is the guarantor of the legality of the constitution and the acts of the sports associations, the application of sports charters and conventions. We would therefore like to draw the attention of those responsible to the Ministry of Trustees that the Statute of the Federation stipulates in its Article 12 that members of the FSAM Executive Committee cannot be persons who have been convicted Criminal offense.
According to Attachment No. 03 (copy of Judgment No. 2061-FD / B of 16 October 2012, which has become final by Judgment No. 481 of 24/04/15), the current President of the FSAM is subject to a " A criminal conviction. This demonstrates his dishonesty because, since the beginning of his current term of office, he is in flagrant violation of the aforementioned Article 12.
In its article 5, decree 2010.001 stipulates that: "The Ministry and sports associations are committed to fostering transparency, communication, dialogue and dialogue in their relations", unfortunately, the federation avoids as much as possible any form of Communication, consultation and dialogue in its management of this sport. Rather, the president encourages side meetings, where multiple versions are given, thus fostering the total incomprehension of the licensees which manipulate the decisions of club presidents.
3.Abuse of power over race officials:
One of the reasons for this grievance also concerns race officials gathering sports stewards, race directors, timekeepers,...). Indeed, for years, despite Article 3.1 of the standard rally regulation that says:
"3. OFFICIALS AND DELEGATES - 3.1 SPORTS OFFICERS (SC) The College of Sporting Stewards (Sporting Stewards) will always include three members. The President and one member shall be appointed by the FSAM. The third member shall be appointed by the organizer of the rally. "
The organizing clubs have never had the freedom to communicate directly with the officials because the designation has been mandated by the President and should imperatively have its endorsement. Normally, this should not be a problem, but when the FSAM President orders not to designate a particular person because he has a personal problem with the person or the person refuses his instructions to decide in favor Of a crew especially during the exercise of their duties, and that experienced officials are sidelined because they are not part of the President's "robots", this becomes harmful to the sport.
Officials have sounded the alarm for several years, but as usual, the FSAM president handles the versions and club presidents and the licensees eventually see in these passionate people incompetent people who hurt their Competition and especially to their big investments.
During the last FSAM 2016 rally, the majority of the officials filed their unavailability with the FSAM. The latter, with his back to the wall and a crucial lack of competent people to "work", began by issuing verbal threats. The officials remained solidary and the presidents, after having been pushed by the pilots for the quality of his rally, decided to publish in a daily newspaper and on social networks, the dissolution of the official commission within the FSAM. Strangely, in the same release, he mentions a new recruitment of officials. The question then arises: "is it a dissolution of the commission, or a manner closely linked to the usual abuse of power to dismiss the competent officials to the detriment of the pilots?"
4.DISSOLUTION OF THE BODY OF OFFICIALS:
The President of the Federation published an article in a newspaper, and sent an e-mail to the clubs regarding his decision to dissolve the corps of officials. This dissolution is not in conformity with the FSAM statute adopted on March 27, 2010 according to article 14 paragraphs 2: "The Sporting Committees are created or abolished by the Executive Committee and their functions are fixed by the FSAM Rules of Procedure".
Indeed, this year 2017, a competition of "RUN" was organized and officials took part in the arbitration of this competition. Another "SLALOM" competition will also be held on 22-23 April and race officials will take charge of the refereeing.
Consequently, we consider that the decision taken is not justified because it is not based on any legitimate reason or legal basis other than a desire to eliminate unilaterally certain heads which the President considers "undesirable".
5.APPOINTMENT OF BODY OFFICIALS:
We request the cancellation of the appointment of the current Head of the Officials Corps according to "Article 14: Sports Committee of the Staff Regulations Paragraph 5: Members of the corps of officials shall not be members of sports clubs".
We would like to point out that the current official of the corps of officials:
1- is member of the TMF Rallye club
2- did not respect the basic principles as the first responsible of the body of officials such as:
* Consideration of attendance, know-how and competence in relation to the taking of office of officials
* Be the guarantor of fair and transparent treatment without a basis of nepotism towards each member of the official body
* Presence at each meeting of officials.
We would like to remind you that, in order to respect this sport, which is our common passion, besides the call for attention from the Officials on the President's abuses, the Treasurer also drew the attention of the 'AG and the Ministry of Trustees, presenting his letter of resignation, on 07 March 2016 (PJ N ° 04). In his letter, the outgoing treasurer explained the reasons for his resignation, hoping that, by decree 2010.001, the Ministry will carry out an administrative and / or financial check to clarify the situation of the FSAM whose management is questioned.
We hope that our grievance will be a healthy basis for the promotion of our sport.
Finally, in PJ No. 05, we propose an amendment to the current status of FSAM dating from 2012. And in PJ No. 06, the list containing the contacts and signatures of the persons filing this grievance. We hope that you will follow up on our grievance.