ByMOSHE HELLER

Dutch prosecutors have decided not to prosecute Israeli businessman Dan Gertler in the Samos case, according to an official document issued on Tuesday by the Netherlands Public Prosecution Service.

The decision adds to a broader pattern of legal cases falling away around Gertler after years of scrutiny tied to mining deals in the Democratic Republic of Congo.

The development follows the closure in 2023 of the UK Serious Fraud Office investigation into ENRC, one of the most prominent Congo-related cases associated with Gertler’s name. British authorities said they dropped the case due to insufficient admissible evidence to prosecute.

Taken together, the developments point to a clear trend. For years, Gertler’s business dealings in Congo were the subject of allegations, investigations, and regulatory pressure across several jurisdictions. In recent years, however, a number of those legal tracks have ended without charges against him.

The Dutch decision adds momentum to the broader shift in the legal landscape surrounding Gertler. As cases in Europe have closed in recent years, the pressure that once surrounded him has gradually eased.

The KCD open pit gold mine at the Kibali mining site in northeast Democratic Republic of Congo, May 1, 2014.
The KCD open pit gold mine at the Kibali mining site in northeast Democratic Republic of Congo, May 1, 2014. (credit: REUTERS/Pete Jones)

Dan Gertler and US sanctions

The issue of US sanctions has also been evolving. In the final days of the Trump administration, a sanctions waiver was granted and later reversed under former president Joe Biden. In 2024, Reuters reported that Washington was examining possible limited sanctions relief as part of a broader effort involving Congo.

Eitan Maoz, a lawyer on Gertler’s defense team, said: “The Dutch authorities have confirmed to our team that they will not be bringing charges against Dan Gertler and that the Fleurette settlement closes the investigation. This was the last of all investigations that remained open in any jurisdiction. All investigations have finished without charges or indictment against Dan Gertler.”

Dutch prosecutors will not prosecute Dan Gertler in the Samos case. After Britain, the Netherlands has now also stepped back. The number of legal fronts surrounding him continues to narrow.