Three young businessmen who made €28 million selling face masks to the Dutch government during the coronavirus epidemic have been ordered to pay at least €20 million to a foundation they set up, but bypassed, to make the deal.

Sywert van Lienden and his partners Bernd Damme and Camille van Gestel have been told to hand over the money to the Stichting Hulptroepen Alliantie, which they established at the start of the pandemic and used to generate publicity and sympathy for their cause.

The trio procured 40 million masks at the start of the pandemic in April 2020, ostensibly through the non-profit organisation, using Van Lienden’s contacts within the CDA.

But it later emerged the bulk of the €100 million deal to supply masks to the health ministry had been routed through a limited company, Relief Goods Alliance, of which the trio were shareholders.

Van Lienden had vowed from the start to become “screamingly rich” from the deal, recordings obtained by the Volkskrant newspaper later revealed. Van Lienden himself claims officials were aware the deal was being routed through a limited company.

Both the foundation and the government had demanded the return of the money, but judges ruled that the charitable trust should be the beneficiary. The foundation says it will donate the money to other good causes, including the Stichting Long Covid.

Tuesday’s court ruling does not mean that the millions of euros will go directly to the foundation. Van Lienden and his partners also face a criminal case for fraud and forgery, and the public prosecution department has sequestered their bank accounts.

That case has yet to be heard.

Ministry did know

However, the second case may be complicated by this ruling because, the court said, research and witness statements show the health ministry was aware that the deal had been brokered via the trio’s private company.

“In addition, the state was not concerned if a profit was made on the deal or not,” court spokesman Tjalling Hylkema said.

Both sides have three months to appeal.

The exact amount will be determined in a separate procedure, and the €20 million is an advance, the court said.