The Laundry Man by Kenneth Rijock ( Penguin/Random House UK)

Sunday, July 31, 2022

BARBADOS' CHARLATANS RESPOND AND WE DEBUNK THEIR CLAIMS


It has come to our attention that WINSTON CLARKE and his partner-fiancee', VALERIE-SUZETTE JEAN-MARIE, who are holding themselves out as the paralegal firm STEELE AND CLARKE, are attempting to do damage control, after we exposed them as unqualified. They are alleging they have "certificates" and more, in support of their ability to provide legal representation to Bajan clients.

They have failed to produce any evidence in support of their claims, and frankly, in a profession so corrupt as the Barbados legal community, what they will eventually present as proof will probably be bogus and suspect. Certificates can be bought in Barbados, including from the Supreme Court. Neither of these individuals have graduated from any accredited university programme; whatever they will produce cannot be backed up by actual attendance at an educational facility accepted by the legal community.

Second, regarding Clarke's allegation that he works for several lawyers, the full name of a paralegal is PARALEGAL ASSISTANT. That means he or she works directly for, and under the supervision of, licensed attorneys, in their law office. True paralegals do not have clients; the clients are those of the lawyers that they work under. 

(1) They do not maintain a separate company, in a different location. To do so is deceptive and misleading.

(2) Paralegals' work is regularly monitored by their supervising lawyer or lawyers; with the exception of preparation of forms and the like, they do not compose original legal court pleadings, or appear before a court for any purpose.

 (3) They do not give legal advice to clients; that's the sole job of the attorneys.

(4) They do not invoice the lawyers' clients. That is done by the attorneys' business assistants or the attorney himself.

(5) They never render legal opinions about a client's case. They are unqualified to do so.

Any Bajans who, after understanding the lack of qualifications of Clarke and "Steele," decide to use their  "services," do so at their peril.

Saturday, July 30, 2022

SENTENCING OF CORRUPT LAWYER ERNEST WINSTON JACKMAN SET FOR AUGUST 22

 


We are advised that the sentencing for convicted Barbados attorney ERNEST WINSTON JACKMAN has been scheduled for 22 August before the Supreme Court. We have previously covered Jackman's case; it is similar to many such attorney crimes that have long taken place in Barbados. A lawyer fails to remit money he is holding in trust for a client, after a real estate sale; the matter goes on for many years, and the lawyer is eventually tried and convicted, but the victim never recovers the loss. The attorney has spent his or her money. This story has been repeated far too many times.

Attorney Jackman, who was remanded into custody after his conviction, without being granted bond, is awaiting sentencing. The offences that he was convicted of, money laundering and theft, occurred in 2006 and 2007. The pitiful delay in justice in Barbados is typical of criminal cases where the defendant is an attorney. Frankly, the complainant was lucky he even obtained a conviction. Jackman stole over $700,000, and only remitted a small fraction to the victim, who was his client.

What do you consider to be a fair and just sentence for this attorney-criminal?  He must be held to a higher standard than non-professionals in Barbados; he also laundered the money, to keep the victim, or his advisors, from recovering it. A message must be sent to the Barbados legal community that their ability to seal with impunity is. now over. Let justice be done, to serve as a deterrent to other lawyers who might be tempted to dip into their clients' money when they are short of funds.   

Friday, July 29, 2022

WINSTON CLARKE, HIS PREDATORY PRO-CORRUPTER BACKGROUND EXPOSED, STOOPS TO GASLIGHTING BAJANS

Anyone who has listened to my broadcasts on www.246bajanvibesradio.com on Saturdays knows that I am probably one of the most outspoken opponents of the Mottley government. Clarke, who also goes by the alias JOE GRIFFITH, wants to confuse you into thinking that I am one of the corrupters. In truth and in fact, it is Clarke whom you must steer clear of. He is a poison that you do not want any part of. Read our two most recent articles* about Clarke on this blog. 

Our programme is called The People Against the Corrupters, and you are kindly invited to listen in every Saturday at 9:00 Eastern and Atlantic Time, which is also 1400 hrs, the time in BST for our UK listeners.

You will see that we don't pull our punches about land fraud, money laundering, financial crime and corruption in Barbados, and we focus on corrupt attorneys and those who commit land fraud, both in and out of government. We will be examining Winston Clarke's sins and transgressions, inasmuch as he deigns to confuse Bajans about who we are, and what we are doing to clean up a Barbados thoroughly infected with rampant corruption, from top to bottom. Tune in, friends.

_______________________________________________

*1. 40 Prior Felony Convictions, and Unsavoury Links to Government and Opaque Nonprofit Organisations make Sociopath Winston Clarke Unfit to Render Legal Advice to Bajans

2. Individuals who Engage in the Unauthorised Practise of Law in Brbados can Hurt their "Clients"

SHAMEFUL: BARBADOS TO PROVIDE AN OFFICIAL FUNERAL FOR LAWYER/ LEGISLATOR WHO WAS A DIRTY OLD MAN AND A THIEF




WTF Barbados government?  Our recent article,  Prominent Barbados Lawyer passes, leaving Multiple Victims in his Wake, exposed attorney EZRA ALLEYNE as a sexual predator and thief of his clients' money and property. Does PM Mottley have no shame?  His shameful legacy might be mitigated if his widow locates all those investment properties that he owns, hidden under the names of frontmen and nominees, and reimburses his many victims. Unfortunately, this will never happen.

Short of that, he should only be referred to as one of Barbados' corrupt lawyers who couldn't stop assaulting women. Whether he was Barbados'  Bill Cosby we cannot confirm, and therefore we invite his female victims to tell their stories. Good riddance!  Barbados is better off without him.

Thursday, July 28, 2022

40 PRIOR FELONY CONVICTIONS AND UNSAVOURY LINKS TO GOVERNMENT AND OPAQUE NONPROFIT ORGANISATIONS MAKE SOCIOPATH WINSTON CLARKE UNFIT TO RENDER LEGAL ADVICE TO BAJANS


Social Activist or Con Man ??

Our recent article, Individuals who Engage in the Unauthorised Practise of Law in Barbados can Hurt their "Clients," warned Bajans to steer clear of the untrained, uncertified and unlicensed WINSTON CLARKE, who holds himself out to the public as a "paralegal assistant," but is a charlatan, promising results in legal matters, but with a hidden agenda, and more. 

According to published reports, Clarke has an impressive criminal record, no less than 40 convictions, as documented in the Barbados Police Service Criminal Records Department, which include:

(1) Unlawful Killing, one conviction.

(2) Wounding, two convictions.

(3) Robbery, four convictions.

(4) Theft, six convictions.

(5) Criminal Damage, four convictions.

(6) Burglary, eight convictions.

(7) Violations of the Computer Misuse Act, one conviction.

The above doesn't include his pending case where he used counterfeit banknotes to make payment for services.

If these multiple felony convictions don't deter individuals whom he solicits legal land fraud business from, no less an authority than a warden of the last prison where he was imprisoned has identified him as a sociopath, meaning that he has no regard for others whom he defrauds, hustles, or steals from. Bajans who cannot afford a real lawyer, and who have used his "legal services," risk losing what little they have in their quest for justice, which he simply cannot deliver. His former warden believes that he is destined to return to prison, as his reform posture is simply an act. 

Some Bajans have accused Clarke of being a confidential informant for the police and the government; it is widely known that he has a direct line to PM Mottley. A number of reformers have distanced themselves from Clarke after learning details about him that they decline to share, but which lends further credence to the rumours.

Finally, Clarke's close relationship with the Steering Committee representatives is additional grounds for caution. The Steering Committee, which engages in charitable activities, has never publicly disclosed the sources of its funding, other than vague statements about overseas donors. Clarke's links to it raise the presumption that his activist public face may conceal a darker purpose. We attempted to reach an officer in the Steering Committee for a comment, but thus far have not received a response. 

Is Winston Clarke gaslighting Bajans, and if so what is his true agenda?  We will continue to seek the answers to this and other questions we have based in this and the prior article. Stay tuned.



Wednesday, July 27, 2022

INDIVIDUALS WHO ENGAGE IN THE UNAUTHORISED PRACTISE OF LAW IN BARBADOS CAN HURT THEIR "CLIENTS"






What you are looking at is a client's authorization to be represented in all legal matters, including but not limited to civil or criminal litigation, or probate (estate) matters, and before any government or private entity. The problem is, the individual and entity named is NOT a lawyer, or firm licensed to practise law in Barbados. Whilst it purports to retain a legal representative, there is no lawyer to accept that authorisation.

WINSTON DECOURCEY CLARKE, also known as JOSEPH (JOE) GRIFFITH, who is holding himself out to the public as "The agency STEELE & CLARKE," is a felon, with multiple convictions, and who has served significant prison time, is a self-declared paralegal assistant, with no legal experience or training, or professional certificate or other qualification, who is reportedly earning a living through the open and notorious unauthorized practice of law. He is not affiliated with, nor working under, any Bajan attorney with a law license, openly soliciting business in Barbados, especially to victims of land fraud. Whether he is deceiving the public about his legal status and ability to represent clients is an issue for a court of competent jurisdiction to resolve. His customers are in danger; they trusted an unqualified person who could make their legal problems worse. They take his arrogance as evidence of competency.

Winston Clarke a/k/a Joe Griffith

If you are wondering where the other name on his masthead comes from, it is reportedly the maiden name of Clarke's fianceé, VALERIE-SUZETTE JEAN-MARIE, (who it seems is still married to someone else), and who assists him in his "paralegal" activities; they work out of a home office. Apparently, Clarke solicits "clients" from within Barbados, and Valerie obtains hers from the UK and Europe, mainly estate matters, which generally involve only the filing of forms, in mainly office practise, not in court, which is probably why the Barbados Bar Association has not yet shut down his illegal practice of law. Valerie's LinkedIn page claims that she is an "independent accounting professional."

Valerie-Suzette Jean-Marie

Clarke derives business support, to some extent from the local Muslim community; he apparently converted after he was released from prison, not for reasons of faith, but for the business contacts he would acquire; apparently, he is quite frank about this aspect of his business. He claims to be a reformed criminal, who is now a social activist; his anti-vaccine activities have disrupted the COVID programme in Barbados.

The ability of Winston Clarke to openly hawk his "legal services" in Barbados is but one indication of the legal chaos that presently exists on the country, meaning that there are no entities that enforce professional standards for lawyers, and a judiciary that ignores its responsibilities to the public. May God help the poor clients seeking legal redress in Barbados' courts.


  

WHO ARE THE OTHER TWO MONEY LAUNDERERS WHO OPERATED WITH ALLISON LOVELL IN BARBADOS ?

Second floor explosion debunks police theory of gas fire suicide

If you read yesterday's article, Barbados Lawyer Allison Lovell and her Entire Family were Assassinated in a money Laundering Deal Gone Bad,  you know that there are two other co-conspirators in Lovell's money laundering operation. Whilst we do not have absolute confirmation of their identities, our sources have given us some additional information, which we are withholding for their obvious safety. It is humbly suggested that they surrender themselves to law enforcement abroad, and cooperate with the authorities. For that purpose, Suga Dee of 246bajanvibesradio.com has asked that they contact him, in confidence, so that he may assist them. 

No sooner was the Lovell funeral over, than efforts appeared to apparently seek to rehabilitate Allison Lovell's family image, to humanise them, in light of the negative stories which had appeared in local Bajan press. Given yesterday's news, those efforts verge upon a campaign of disinformation, designed to counter emerging pubic opinion about her lavish lifestyle, and her failure to make restitution, over a period of many years, to her victim.

(APPEARED ON SOCIAL MEDIA)

"We are the sum total of all our parts: all our good and all our bad.

As humans, we are each trying to navigate this life the best way

we can. We won't always get it right or make the best choices.

But we don't need to be flawless to deserve love or compassion

or grace. I made so many mistakes and bad calls, (financially

and otherwise especially during my 20" s) that they loved me

through. Glen taught me to be strong and wise and helped

remove much of my childhood naïveté that so many people used

to manipulate me back then. Allison was always gentle and kind.

I didn't agree with all their decisions, but I didn't need to in order

to love them. I wasn't always able to help them or be for them

what they may have needed. And sometimes I didn't even know

they were in need and wish they had reached out. Many of us

who knew them, knew they were very kind and giving people.

Thev were more than the mistakes they made. They were both

the good and the bad, the strong and the weak, the wise and the

foolish. Regardless of rumours or whatever the investigations

mav reveal, I will continue to view them with compassion and

remember them for ALL they were, and all they were to me.

Yesterday I said goodbye to their physical selves for the last

time. But they, especially Glen, will remain with me in spirit. 


Lovell's Colombian drug money laundering scandal, which was the cause of her violent death, is a direct conflict with the wholesome family image that her proponents seek to establish in the public arena. We shall continue our investigation, and report back to our readers forthwith on all unfolding developments. Stay tuned.

   

ZENITH FINANCE MONEY LAUNDERING CASE IN MALTA FROZEN BY AG AFTER EXPERT FOUND LINKS TO CORRUPT GOVERNMENT ON DEFENDANT'S PHONE

 


If you were wondering why a certain prominent criminal case in Malta has been pending with no forward progress, you need to read the fine print. An expert, engaged to examine the smartphone of one of the two Zenith Finance defendants, reported the finding of a large number of what he described as "PEPs,"an acronym which stands for Politically Exposed Persons. 

PEPs are defined in the compliance industry as government officials, or others very closely associated with them, such as immediate family members, or businessmen who have intimate ties to them. PEPs often have there ability to withdraw funds from government accounts, can award lucrative contracts payable by government, in their sole discretion, and have access to valuable government assets. 

Obviously, what has happened here is that, as soon as the court-appointed forensic expert spilled the beans about his discovery that PEPs were in close and repeated contract with the defendants in a major criminal case, the country's corrupt Attorney General Victoria Buttigieg, who reportedly follows Joseph Muscat's orders on the conduct of pending cases, was directed to slow-walk the case, so that it never goes to trial. The defendants are MATTHEW PACE AND LORRAINE FALZON; Pace is a close associate of KEITH SCHEMBRI.

This is how criminal cases, where to bring them to trial will expose corrupt Maltese government officials from the ruling Labour Party. are deftly handled. All the orders come directly from the country's defrocked former Prime Minister, Joseph Muscat, and his decisions are final. The Rule of Law does not exist in the country's courts, and many of the other Members of the European Union wish there was a way to remove Malta from the EU entirely, as it functions more like a Middle Eastern autocracy than a democracy. The Zenith Finance €20m defendants will eventually walk free.

Tuesday, July 26, 2022

READ THE COMPLETE TRANSLATION OF THE AFFIDAVIT IN THE REPUBBLIKA/POLICE COMMISSIONER CASE



Readers who are following the unfolding developments in the Repubblika action to compel the Malta Police to arrest the officers and directors of the now-shuttered money laundering Pilatus Bank, and who do not read Maltese, we direct your attention below to our unofficial translation of the affidavit, by attorney Jason Azzopardi, that has commanded the attention of everyone in Malta:


                                                  PAGE 1

"I am aware that at the Court sitting on the 28th October, 2021, various witnesses gave a court deposition under oath. One of these was Mr. MEHMET TASLI. He's the Operations Supervisor at Piloted Bank. This is the same person that seven months previously was ordered to be arrested by the inquiring magistrate of the Pilatus Bank magisterial inquiry.The inquiring magistrate ordered the Prosecutor-General to prosecute Mr. Tasli on money laundering charges, criminal association, and forming part of an organization that was involved in criminal activity. The inquiring magistrate had ordered an international arrest warrant against him seven months before.The arrest warrant was against Mr. Tasli and other managers and directors at Pilatus Bank. 

I hereby solemnly declare that from all evidence known to me, the magistrate conducting the court sitting on the 28th October was not made aware of the pending arrest warrants against the witness (Mr. Tasli).

I am, however duly informed that:

During the court deposition of Pilatus Bank on the 28th October, two lawyers from the Attorney General's Office were present. These same lawyers asked the witness questions in the dock (Controesami). This same witness should have been arrested as per the magisterial inquiry conclusions against Pilatus Bank. However, he was let go like nothing happened.


                                             PAGE 2

I can confirm (from information that I received) that after an ex-Pilatus employee and Pilatus Bank were independently charged in court, Pilatus Bank put forward a motion against the Attorney General to cancel the freezing order on the bank. This motion to cancel the freezing order was presented on 2nd September, 2021.

From information I have received, both the ex-Pilatus employee and the same bank were both charged in court after the conclusion of the magisterial inquiry on the same bank that cost the State of Malta 7.5 million Euros to include. Public funds were used to conclude this inquiry.

The magisterial in query also ordered the Attorney General to charge all bank directors and the operations officers apart from the bank itself and the ex-Pilatus employee that was consequently charged. Confidential police sources had also informed me that international arrest warrants against all these individuals had already been signed.

Many of these individuals on the international warrants had already testified in front of the magistrate in the motion presented by Pilatus Bank to cancel the freezing order, so they could effect certain payments by the same bank.

This motion was presented on the 12 October, 2021, with the acts of the case compiled by the Attorney General. At the sitting on the 28th October, the motion was presented by the bank against the Attorney General, to cancel the freezing order to effect certain payments. "

/s/ JASON AZZOPARDI




BARBADOS LAWYER ALLISON LOVELL AND HER ENTIRE FAMILY WERE ASSASSINATED IN A MONEY LAUNDERING DEAL GONE BAD



 A confidential and exceptionally reliable source in Trinidad &Tobago Chief of Defence Staff Darryl Daniel’s office provided our source with information of a proxy Colombian hit on the crooked lawyer. Apparently, $2.5 million (USD) never made it to a bank in Panama, as was promised by Allison Lovell and two of her associates, to a drug trafficking group located on Northern Colombia Caribbean Coast. 

The information: Grupo Armado Organisado (GAO) from the La Guajira, Santa Marta Colombia’s northern Caribbean coast, hired three Venezuelans who were able to purchase Trinidadian passports to travel to Barbados a week prior to the explosion.  

This violent group is known to be responsible or controlling 80% of the narco-trafficking routes along the Northeastern coast of Colombia, to include Eastern  Venezuela 's Gulf of Praia, the waterway between Venezuela and Trinidad.

  For such an operation to be successful, the source told us, the operatives traveled from Port of Spain to Barbados a week prior to the explosion, and there are elements within the Barbados Police Force that were paid to provide support including surveillance and lookouts for the target. The Trinidadian government is therefore partly responsible for the crooked lawyer's demise.The Cartel is sending a clear message to any lawyers who are planning to cross them, through the deployment of such a violent explosive device against a lawyer who stole from them. This may serve notice on all Bajan lawyers that la Justicia Divina (translation: Karma) is coming for them.

            


Monday, July 25, 2022

BARBADOS LAWYER WHO PERISHED IN SUSPICIOUS EXPLOSION BURIED; POLICE COVER-UP OF CAUSE OF DEATH DENIES JUSTICE

Dead on Arrival

Convicted Barbados attorney Allison Lovell, together with her entire family, was quietly buried today in a private ceremony, amid growing suspicion that the Barbados Police Service is engaged in a cover-up of the truth behind their violent death at home, by explosion and fire. We note that neither neighbors nor friends attended the service, which is inconsistent community behavior for a family described by many as "good people."

Autopsy results have not been made public, and the police have gone on record stating that they don't believe the explosion was caused by outside sources, which strongly smells of cover-up, given the fact that eyewitnesses have stated it was a massive second-floor explosion, which does. not square with the official theory that it was a kitchen gas leak that ignited. Suicide by the lawyer, when her small children also died in the fiery explosion, which is another proffered cause, is highly unlikely.  


 Was the criminal case against Lovell, regarding theft of a large sum of client money entrusted to her, a theme common to far too many corrupt Bajan lawyers, the reason for her death, and who was behind what appears to be homicide ? Are Bajan clients now reacting to lawyer misconduct in violent ways, inasmuch as neither the Barbados Bar Association, nor the courts, have been able to recover funds for clients that were stolen by lawyers ? 

 Until and unless the criminal justice system in Barbados finds a way to obtain restitution for the victims of attorney crime, there will be questions about untoward events happening to lawyers who are criminal offenders. Perhaps the BBA, recognising the increasing anger on the part of the public, can create a fund for Restitution by its members. Failing that, will there be additional "accidents ?"





 




Sunday, July 24, 2022

IS THE EUROPEAN COMMISSION SEEKING TO SHUT DOWN OR REFORM MALTA'S OFFSHORE INDUSTRY ?


The European Commission is considering an Initiative directed at combating Enablers Facilitating Tax Evasion and Aggressive Tax Planning, and is calling for evidence for an Impact Assessment. A portion of the document calling for comments appears below. Given that a large portion of the Maltese economy is deducted to providing financial services that could be considered either tax evasion or aggressive tax planning, both of which result in a substantial loss of tax revenue for other EU Members, the impact of such an Initiative on the Maltese economy would be substantial.

Whether this Initiative is an EC response to the widespread use of Malta by companies in EU Member jurisdictions with higher tax rates cannot be assumed, but it is possible that Malta is a primary reason for the creation of the Initiative. Read the excerpt from the "Call for Evidence and for an Impact Assessment" and see how the implementation would restrict the current operation of Malta's favorable tax schemes, and the companies that offer them.


B. Objectives and policy options

The overall objective of this initiative is to prohibit enablers who design, market and/or assist in the creation of tax arrangements or schemes in non-EU countries that lead to tax evasion or aggressive tax planning for the EU Member States. The proposal will include clear and objective criteria for defining the forms of aggressive tax planning that are prohibited This initiative is in line with the Commission’s continued commitment to fighting tax evasion and aggressive tax planning.

The baseline scenario used as a benchmark assumes that the current national legislative rules and administrative practices on enablers remain unchanged. The Commission will assess a range of policy options, which may lead to a legislative initiative, to achieve the objectives based on the principle of proportionality. A range of policy options might include the following:

Option 1: Requirement for all enablers to carry out dedicated due diligence procedures

This option involves a prohibition on enablers from assisting in the creation of arrangements abroad that facilitate tax evasion or aggressive tax planning. In addition, this option foresees the requirement for all enablers to carry out a test to check whether the arrangement or scheme they are facilitating leads to tax evasion or aggressive tax planning. It also requires the enabler to maintain records of these due diligence procedures in all cases. This option could be combined with appropriate measures to address possible non-compliance.

Option 2: Prohibition to facilitate tax evasion and aggressive tax planning combined with due diligence procedures and a requirement for enablers to register in the EU

This option involves a prohibition on enablers from assisting in the creation of arrangements abroad that facilitate tax evasion or aggressive tax planning. The enablers covered by the scope would be required to carry out dedicated due diligence procedures as outlined under Option 1. In addition, enablers that provide advice or

2

services of a tax nature to EU taxpayers or residents would be required to register in an EU Member State. Only registered enablers could provide advice or services of a tax nature to EU taxpayers or residents. In cases of non- compliance, enablers may be removed from the registry.

Option 3: Code of conduct for all enablers

This option involves the requirement for all enablers to follow a code of conduct that obliges enablers to ensure that they do not facilitate tax evasion or aggressive tax planning.

In addition and regardless of the policy option chosen, a new measure to boost transparency and combat possible tax evasion and aggressive tax planning related to EU investments abroad could be developed. This would require EU taxpayers (both individuals and legal persons) to declare in their annual tax returns any participation above 25% of shares, voting rights, ownership interest, bearer shareholdings or control via other means (the level commonly used in the EU AML legislation) in a non-listed company located outside of the EU.

C. Likely impacts

General

The impact will vary depending on the ultimate design of the initiative and, in particular, on the exact scale and scope of the initiative and on who will bear its burden. Importantly, the monitoring and enforcement mechanisms will need to be carefully designed and calibrated so that they are both proportionate and effective. The initiative is likely to have an impact on the following stakeholders, which should be analysed as far as possible:

  •   businesses engaging and operating in the EU, including those that avail of and provide tax advice or services;

  •   individuals resident in the EU, including those that avail of tax advice or services;

  •   the tax administrations of EU Member States.

    Likely economic impacts

    The initiative should have two main economic impacts: (i) on Member States’ tax revenues and (ii) on the level playing field and, therefore, competitiveness in the Union. The intended economic impact of the options proposed should curb tax evasion and aggressive tax planning facilitated by enablers, and thereby increase the tax revenue available to the Member States, leading to sounder and more sustainable public finances in the medium and the long term. Limiting the scope for aggressive tax planning and evasion opportunities should dissuade enablers from engaging in tax evasion and aggressive tax planning on behalf of their clients. 

Saturday, July 23, 2022

DATABASES OF HIGH-RISK INDIVIDUALS AND ENTITIES AREN'T SOLVING THE AML/CFT CRISIS

To be blunt, the universal use of commercial off-the-shelf AML/CFT databases of high risk individuals and entities, which have ruled compliance for the past twenty years, since 9/11, is simply not effective in real-time interdiction of money laundering and the financing of terrorism. The most conservative estimates believe that only a couple of per cent of existing laundering operations are identified, and shut down while in progress, which means the laundrymen are winning; compliance is losing badly in this war.

The reason for the utter failure of the financial world to stop money laundering in its tracks is the generally-accepted principle that, by categorizing bank clients as low-, medium- or high-risk, and thereafter actively monitoring them accordingly, those most likely to seek to move and clean the proceeds of crime are identified. Nothing could be further from there truth.

What do you say about your theory, when a clean bank client, whose background screams legitimate company, with all the bells and whistles to prove it, goes on to successfully move a lot of dirty money through your bank, right under the noses of your compliance team ? Your vaunted databases failed to identify the trade-based money laundering operation that your "good" client accomplished, fooling not only your people, but law enforcement and regulators as well. Your databases failed to catch him; now multiply this one bank client by hundreds of others who have, either in the past, currently, or in the future, beaten your compliance staff, and you understand the nature of the problem.

The solution is not relying upon the risk profile of your bank client, but creating an accurate, and timely, assessment of who has the propensity to commit money laundering offenses in the future, through an effective analysis of information, much of which does not necessarily factor into a simple risk profile. If your program can, with a high degree of accuracy, predict whether or not your clean client will be moving criminal proceeds, then you have a solution that is both effective, as well as efficient. It's not who your client is today, but what you are able to correctly ascertain he might do tomorrow, that counts. Anything less than that is not a winning AML/CFT solution, in my humble opinion.   

 

Friday, July 22, 2022

BVI MEDIA CALLS FOR RESIGNATION OF FORMER PREMIER ANDREW FAHIE FROM HOUSE OF ASSEMBLY FORTHWITH

 


There have been calls, by local BVI media, for the arrested former Premier, Andrew Fahie, to resign from the British Territory's Parliament, the House of Assembly. Fahie, who is confined to his daughters' residence in Miami, with a tracking device, pending his trial, which has now been rescheduled to January, is unable to attend HOA meetings, which is violation of regulations, and a cause for removal.

Fahie, who is reportedly still drawing his significant salary whilst under house arrest, has been silent. No BVI leader is willing to go on the record to call for his resignation; those leaders queried are said to have ducked the issue, but Fahie's constituents are suffering his lack of attendance and support. The new Premier, the Governor, and the HOA leader have all declined to condemn Fahie.  His money laundering and drug trafficking charges, which could result in essentially a life sentence, appear to be too much of a political hot potato for local leaders to handle. Whether they fear he might turn to politics, and wreak revenge upon them on the future we cannot say, but the silence from leaders there is deafening.

We are closely monitoring unfolding events in US District Court in Miami, as further indictments are expected by court watchers.

 

UNITED STATES FILES ITS BRIEF IN HALKBANK U.S. SUPREME COURT PETITION

 


The Solicitor General has filed its brief, responding to  the Halkbank Certiorari Petition to the US Supreme Court, which seeks "blanket immunity on foreign-state-owned enterprises from all criminal proceedings in the United States." The bank faces several charges, including money laundering; it lost on the issue in the trial court, SDNY, and in the Second Circuit Court of Appeal. The Petition is its last chance to evade responsibility for assisting Iran in evading global sanctions.

First, the brief makes its point, with profuse citations to authority: the Foreign Sovereign Immunities Act (FISA) does not apply to criminal cases. To quote the brief:

"The FSIA’s background, purpose, and legislative history further reinforce that its immunity provisions were designed to address only civil cases. See Saman- tar, 560 U.S. at 316 n.9, 319 n.12, 320-325 (conducting a similar analysis). “[T]he ‘Act and its legislative history do not say a single word about possible criminal pro- ceedings.” In re Grand Jury Subpoena, 912 F.3d at 630 (citation omitted). “To the contrary, the relevant reports and hearings suggest Congress was focused, laser-like, on the headaches born of private plaintiffs’ civil actions against foreign states.” Ibid.

The Act was passed to address problems that arose exclusively in civil actions—namely, suits by private lit- igants thrusting case-specific requests for immunity on the Executive Branch, resulting in inconsistent immun- ity determinations and uncertainty for litigants. See H.R. Rep. No. 1487, 94th Cong., 2d Sess. 6-9 (1976) (1976 House Report); Jurisdiction of U.S. Courts in Suits Against Foreign States: Hearing Before the Subcomm. on Administrative Law and Governmental Relations of the House Comm. on the Judiciary on H.R. 11315, 94th Cong., 2d Sess. 24-27, 31-35, 60 (1976) (1976 Hearings); see also Verlinden, 461 U.S. at 487-488 (dis- cussing impetus for the Act). The Executive Branch ac- cordingly proposed the FSIA to govern “[h]ow, and un- der what circumstances, * * * private persons [can] maintain a lawsuit against a foreign government or against a commercial enterprise owned by a foreign government.” 1976 Hearings 24 (State Department); accord id. at 29 (Justice Department). The House Re- port, in turn, likewise emphasized the need for “comprehensive provisions” to “inform parties when they can have recourse to the courts to assert a legal claim against a foreign state,” 1976 House Report 7, and repeatedly referred to “plaintiffs,” “suit[s],” “litigants,” and “liability,” id. at 6-8, 12—all terms that are indicative of civil actions.

No text or history suggests that Congress intended the FSIA to displace the Executive Branch’s traditional role in deciding whether to criminally prosecute a foreign-government-owned business ...." (Brief at 7-8)

 We note that even if FISA was applicable, the Commercial Activity exception applies. The bank's history of commercial contact with the US financial structure readers Halkbank's argument moot. The brief also effectively disposes of the remainder of there bank's arguments. It would appear that the bank's changes that its petition will be granted by the Court are slim at best. 





Thursday, July 21, 2022

NONLAWYERS PRACTISING LAW IN BARBADOS MAKE A BAD SITUATION WORSE

Justice is in trouble in Barbados

Whilst we have been covering, in detail, the many serious issues that Bajans are facing, regarding rampant corruption, land fraud and professional misconduct amongst lawyers who are members of the Barbados Bar Association, there is another issue which needs to be addressed : the unauthorized practice of law in Barbados, by non-lawyer paralegals. These individuals, who do not have the benefit of a legal education,  but who are offering legal services to the public, and can do more harm than good to the public they are seeking to serve.

One paralegal, carrying on the responsibilities and duties of a lawyer representing a client, is known to have been imprisoned, several times, in prison, serving a number of sentences after multiple felony convictions. In truth and in fact, that was where he learnt to be what we call a "jailhouse lawyer," one who advises convicts with their legal problems. After his release, he opened up his shop, offering his services to the public, taking advantage of a non-existent enforcement environment in Barbados, where there was little supervision, official, professional or otherwise, over the legal profession.

The problem is, when non-attorneys fill out forms for clients who really need lawyers, they often do not fully understand the scope of the client's problems. Not trained, as lawyers are, in issue perception, they fail to recognise key issues, and actually harm their trusting clients, who erroneously believe that the paralegal his competent, and fully understands the law, who he or she does not. 

We understand the reality in Barbados; many Bajans simply cannot afford to retain a lawyer; other do not trust local lawyers, due to the rampant corruption and land fraud that infects the country. Nevertheless, receiving, and acting upon, bad advise can aggravate existing legal problems, and actually make them worse. 

The large number of newly-licensed attorneys, who are looking to be of service to their country, should be funded, as a group, by the Attorney General, to serve the public interest, in a clinic format, to provide what the people of Barbados desperately needs: lawyers with integrity who will solve the people's problems. Miss Mottley, pay attention; solve your country's legal problems, or leave office, forthwith.

HOW A DISGRACED EX-PRIME MINISTER IS GASLIGHTING ALL OF MALTA

"Don't forget to Wash the Blood off his hands,"  by COSIMO

Gaslighting is a term used to describe the manipulation of individuals, in which the abuser attempts to cause confusion in the minds of the recipients, in order to achieve power and control over them, generally through intentional distortion of reality and truth. After studying material on this technique, which is published by mental health professionals, I have come to the conclusion that this method has been successfully employed against the people of the Republic of Malta, by its disgraced former Prime  Minister, Joseph Muscat. In his case, it was to deceive the voters, so that they would repeatedly vote for Muscat's Labour Party, irrespective of the problems Malta was experiencing whether they be financial, legal or otherwise.

Read through these elements of the technique, and see how each and every one of these is applicable to Muscat's political career, why he continues to all the shots in Malta, behind the scenes, as the ultimate power broker, and why he cannot be allowed to reinvent himself. and seize power again.

1. Lying about, or denying something, and refusing to admit the lie, even when the proof have been shown to you. EGRANT and responsibility for the assassination of Daphne Caruana Galizia come to mind.

2. Insisting that an event or behaviour you witnessed never happened, or that you remembered it wrong.

3. Spreading rumours or gossip, especially about whistleblowers or others, or telling the recipients that others are talking about them.

4. Changing the subject, or refusing too listen, when confronted by a lie.

5. Telling those that call you out in a lie that they are overreacting.

6. Shifting blame to others, asserting that it's really their fault not his.

7. Trying to smooth things over, using language intended to reassure the recipient, but then not following through with actions that match the words used.

8. Twisting the facts of a story, to minimize his behaviour.

9. Minimising hurtful or illegal behaviour.

10. Seeking to separate the recipients from those who recognize this behaviour through untrue allegations designed to ridicule our denigrate them, or their truthfulness.

How many of these manipulative techniques can you recall Joseph Muscat using on the voters of Malta ? All of them, in my book. Do not permit him to return to power; he has little or no concern for the welfare of there Maltese, and only wants to stay on to, whilst his corrupt actions fill his pockets, and those of his associates, at the peoples' expense. 




Wednesday, July 20, 2022

A TEACHABLE EVENT ABOUT FORECLOSURES IN BARBADOS AND WHAT YOU SHOULD NEVER DO


Having recently heard the sad story about a property owner in Barbados who fell seriously behind in his mortgage payments to the bank, and was later heard to complain that the foreclosing bank turned around and sold his former holdings for twice the amount of the debt, but failed to remit the overage to the debtor, there's a lesson for everyone in this story. 

Don't allow the property to pass out of your hands; sell it to the highest bidder before the foreclosure is complete, because the bank, in this story was probably took title to the property at the foreclosure sale, and thereafter found a buyer for a much larger sum. I don't understand why the debtor failed to do this. Did he not have competent legal advise, or did he simply assume he would be receiving a cheque for the difference between the mortgage debt, and the sales price ? 

Given the lack of integrity in the Bajan legal profession, there may have been some professional misconduct in the story; likewise, the bank itself may have some degree of blame. The real issue that should be examined is how the property owner had a large mortgage on his property in the first place ? How was it that he was unable to make the payments as they came due ? If he didn't have sufficient income, why did the bank lend to him in the first place ? If the bank's true motive was to eventually end up with the property, then perhaps the matter deserves further inquiry. The bank's conduct then deserves further attention.

CLAIMS ABOUT THE BENEFITS OF HAVING A PASSPORT FROM MALTA IGNORE IMPORTANT NEGATIVE ASPECTS


A Maltese newspaper  recently published a puff piece extolling the fact that Passports from  Malta are reportedly the "8th most powerful" in the world, using the number of countries one could, with such a passport. travel visa-free to many countries. Who in the Maltese Government suggested that the topic be the subject of an article, we wonder ?  The article conveniently fails to inform the reader that there are certain negative aspects to being a Maltese passport holder abroad, which any international lawyer will advise those who contemplate purchasing IIM ( Citizenship by Investment) passports, though few. if any, applicants, seek the counsel of a competent attorney before spending six figures for one.

Malta is known, like it or not, for the following:

(1) The IIM programme has approved, and issued passports to individuals from Russia ( including oligarchs), Iran, North Korea, as well as transnational white-collar criminals, and corrupt Politically Exposed Persons (PEPs), all of whom purchase the passport for access to the other Members of the European Union. if that access was denied, without a visa, nobody on earth would be buying Maltese passports, which allow visa-free entry into the Shengen Zone.

(2) Corruption on a scale not seen in any other EU country, together with rampant money laundering and financial crime that no other country wants within its borders.

(3) Tax evasion promotion, advertised as "tax avoidance," which allows companies in other European nations to cheat their governments out of corporate income taxes.

(4) A large number of unsolved murders, including that of an investigative. journalist, where the country's  leaders protect the people behind the killings.

(5) A large, and violent, organized crime entity affiliated with the Sicilian Mafia, that is facilitating the smuggling of narcotics into Europe and elsewhere.

(6) A corrupt political party in power, that remains in office through a massive campaign of voter bribery and other illicit methods of insuring that voters always support it.

(7) a totally corrupt court and justice system, where cases against powerful Maltese, or their supporters, fester for years without trial, which ignore there Rule of Law, and which discriminate against citizens of other countries, including those from the .

What do you think a compliance officer at an international banks abroad thinks, when a prospective customer presents a passport from Malta ? He wonders whether he is looking at a money launderer, financial criminal, or corrupt PEP. He wonders if the person is really a Maltese, or a passport buyer from a high-risk country, or a country that is a State Sponsor of Terrorism, using an Alias on his IIM passport. Customs and immigration officials ask themselves silently if this Maltese passport holder before them is a criminal, in jurisdictions outside the EU.

None of these issues are discussed in any of the so-called passport indexes, which boldly promote CBI passport sales, and we ask why ?    

 

Tuesday, July 19, 2022

IS INDICTMENT OF FORMER ST KITTS PRIME MINISTER LINKED TO FORMER BVI PREMIER ANDREW FAHIE'S COOPERATION ?

According to multiple sources, both in the East Caribbean and in North America, former Saint Kitts & Nevis Prime Minister Denzil Douglas has been indicted, in Federal Court in the United States, and America is seeking his extradition. Longtime readers of this blog may recall that exposed Douglas as the holder of a diplomatic passport from the Commonwealth of Dominica, reciting that he was a native Dominican, which he purportedly for international travel, since his SKN passport apparently drew too much unwanted attention at international airports in North America and Western Europe.

Douglas has reportedly been charged with;

(1) Money Laundering.                                                                                                                                 

(2) Corruption.                                                                                                                                                  

(3) Fraud.                                                                                                                                                          

(4) Wire Fraud.                                                                                                                                                 

(5) Criminal Conspiracy.

Given that indictments of defendant who are outside the United States, and this not in Federal custody, are sealed and not available to the public or journalists, we are unable to obtain details or verification of the many similar rumours flitting around the East Caribbean, but specific dates have been uniformly stated, raising a presumption that the information is accurate.

There are strong suspicions that Douglas was charged, based upon information supplied to US law enforcement agencies by former BVI premier Andrew Fahie, soon after he was arrested in Florida on money laundering and narcotics trafficking charges. Fahie reportedly stated that he was going to bring down a number of East Caribbean leaders that he knew were involved in facilitating narcotics trafficking through their territories, giving drug shipments safe haven from seizure by American maritime law enforcement action.

"He's a little crook sometimes." quote from the criminal case.


The action against Denzil Douglas will most likely further worry other East Caribbean leaders, who fear that they could be targets of Fahie's substantial assistance, who have noticed an extensive delay in Fahie's trial, which often indicates that ongoing cooperation could be occurring behind the scenes.

COURT MOVES ALEX SAAB MORAN'S DIPLOMATIC IMMUNITY HEARING

The evidentiary hearing, to determine whether accused Colombian money launderer Alex Saab Moran an evade prosecution, on the grounds of diplomatic immunity, has been rescheduled. It was to be on August 29, but is now reset for  October 31, 2022. it is expected that there will be extensive expert witness testimony, as the Court has set aside one week for the hearing, as it is expected to be lengthy.

We have previously reported on this blog that Saab has assembled what can only be described as a Dream Team of experienced attorneys. A Status Conference on the case itself will be held on August 26, on the briefing schedule own the Defendant's Motion to Dismiss.

Don't expect this case to go to trial this year.

Monday, July 18, 2022

BOBBYGATE: WILL MALTA'S PRIME MINISTER RESIGN OVER MEETING WITH AN ACCUSED MONEY LAUNDERER IN CASTILLE AFTER HIS ARREST ?

RA and his clowns (ministers)  by COSIMO


The private meeting between Malta's Prime Minister, Robert Abela, and contractor Charles Polidano, shortly after Polidano and his son Gordon were arrested and questioned regarding alleged money laundering, should be the last straw for the Maltese people. They should demand his immediate resignation from office. Did Abela give Polidano legal advice on how to beat the charges, or was Abela going to make sure the case never goes to trial ? Is he to be the fixer in this case ?

How arrogant that he holds the meeting in the centre of government.

"It was a preplanned meeting. JM always did it."

Many observers well remember the unanswered questions about Abela:

(1) Why did he take his yacht to Sicily, on some unexplained private business, when everyone else in Malta was confined to their homes during the Pandemic ? Because he works with the Mafia.

(2) How does a lawyer who handles labour disputes end up with all the criminal clients ? because he's really a lawyer for the Mafia.

(3) Where did he get all that money to make real estate investments ? Labour lawyers for small clients don't earn much. Because he allegedly receives bribes and kickbacks, and allegedly assists his clients in laundering the proceeds of their crimes.

(4) Why hasn't he demanded that the Pilatus Bank officers and directors be charged with money laundering and racketeering ? Because that would implicate his disgraced Godfather, Joseph Muscat.

He must resign. Now. For the good of the people of Malta, not the Malta Mafia.







Sunday, July 17, 2022

CENSORSHIP IN THE CARIBBEAN; BARBADOS RADIO STATIONS WILL NOT PLAY SONG CRITICAL OF PM MOTTLEY


The video of the song was, for some strange reason, taken down; who pray tell, did that ??

https://www.youtube.com/watch?app=desktop&v=Gs_BF0-CGHA 


Collin Spencer's song, If Yuh do These Things, which is critical of Barbados' Prime Minister Mia Amor Mottley, apparently cannot be played on radio stations in Barbados, which amounts to censorship in what is supposed to be a democracy, but in truth and in fact is a country under one-party rule. Readers are urged to listen to the song, which contains no profanity or objectionable content, if you can find it. 

It details much of what is wrong with Barbados, and is a plea to the PM to right the wrongs, and serve the needs of Bajans. If Mottley cannot stand someone to speak Truth to Power in Barbados, then perhaps she should resign and leave the governing of Barbados  to one who will have the welfare of the people in mind, first and foremost, not in repeated international trips to conference and events. Bajans first, Miss PM.

  













OLEG FIRER OBTAINS TEMPORARY INJUCTION IN STATE COURT IN MIAMI IN DEFAMATION CASE

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CASE NO: 2022-006100-CA-01 SECTION: CA13
JUDGE: Gina Beovides

Oleg Firer

Plaintiff(s) vs.

Everett Stern et al

Defendant(s) 

____________________________________________

Oleg Firer, the Ambassador of Grenada to the Russian Federation, has obtained a Temporary Injunction against Everett Stern, and his company, Tactical Rabbit. Stern has published statements to the effect that Firer was a Russian Spy, that he was engaging in espionage, that he was covertly acquiring restricted US technology for Russia, and that he was funding Russian intelligence operations.

The plaintiff filed suit* for damages, and for Injunctive Relief; after a hearing, which the defendant did not attend, the court made substantial Findings of Fact and Conclusions of Law, support in support of the plaintif'f's motion.

We quote the Order Granting Plaintiff's Motion for Temporary Injunction, entered on July 13, 2022, verbatim:

1. Defendants are hereby enjoined from:

  1. Publishing any defamatory statements on the internet or to any third party (including, but not limited to, Firer’s government partners and business partners) regarding Oleg Firer.

  2. By way of example of the prohibited conduct and to provide guidance to Defendants relative to same, Defendants are precluded from publishing any information suggesting or stating that Oleg Firer (a) is a Russian spy; (b) is acting at the behest of the Russian government; (c) is engaging in espionage; and/or (d) uses his businesses to fund Russia. This list, as noted, merely provides examples of prohibited conduct and is not exhaustive.

2. Defendants, further, shall remove their existing defamatory posts and tweets regarding Firer (some of which are identified herein).

3. This injunction will become effective upon Firer filing a $500 bond with the Clerk. 4. The injunction will remain in place until further order of the Court.

______________________________________________

*Research Note: Oleg Firer vs. Everett Stern et al,  Case No.: 2022-06100-CA-01( Miami-Dade Cir. Ct.) 









MANY BARBADOS PROBATE AND ESTATE LAWYERS OVERCHARGE FOR THEIR SERVICES, AND DELAY CASES UNNECESSARILY FOR YEARS


We are hearing from many Bajans that they are extremely unhappy with the attorneys handling the estates of their parents and grandparents. Claims of clearly excessive fees, and unexplained delays in completing the necessary tasks, and disbursing the assets to the heirs, indicate that most clients believe that they are being taken advantage of by the very lawyers that they are trusting to conduct probate efficiently and prudently.

Here are the names of a number of estates, together with the lawyers and law firms involved, that heirs are asserting deserve attention from the Barbados Bar Association:


Carrington and Sealy, Solicitors, attorneys Christopher Blackman, Hamish Greig McClurg Deceased, 2022, Solicitor General Woodbine A. David, Deceased 2021, Frank DeCourcey King, High Court Judge, Deceased December 2012, Crown Solicitors Hartley Sunderland, Lewis Mosley and George A.A. Maynard, David Simmons, Marie MacCormack, High Journey Judge, Deceased, Lionel DaCosta Greenidge, High Court Judge Sherman Rudolph Moore, Chief Judge Deceased 2014 Deny A. Williams, Collin Andrew Williams, Alfred Decourcey Boyce, Yearwood & Boyce Solicitors, Former Director of Public Prosecutions E.G. Husbands.


We hope that the BBA will initiate inquiries into the above matters.

LABOUR-CONTROLLED MEDIA SPEWS DISINFORMATION ON PILATUS BANK, BLAMES THE UNITED STATES FOR INACTION

The Puppeteer, Laughing All the Way to the Bank by COSIMO

Maltese mainstream media, with a long history of favoring the corrupt Labour Party and its disgraced leader, ex-PM Joseph Muscat, apparently is trying to place blame for inaction in the Pilatus Bank money laundering case all upon the United States. Reports published in Malta state that, notwithstanding a statement by Police Commissioner Gafa, that warrants should soon be issued, they were actually issued back in January, and sent to the United States, for there arrest and extradition of Pilatus owner, Ali Sadr Hashemi Nejad, and Chief of Operations Luis Rivera, the individuals have not been found and are not in custody.

As you may recall, Repubblika, in its court action against PC Gafa did NOT state that arrest warrants were issued; indeed, exactly the opposite.

Who is telling the truth here, Malta's Police, or Joseph Muscat-controlled media ? The object, of course, is to confuse the people of Malta, who are understandingly angry over the Labour government's inability to arrest and try the officers and directors of Pilatus, after a very expensive investigation and magisterial report recommended action.

Pilatus Bank Directors  by COSIMO

The story in media becomes even more unbelievable, when you realize that one of the major players named in the report, which recommended action against her, was the acting MLRO, Antoniella Gauci, who lives in Malta. Why hasn't Gauci been arrested ?

The article also leads the reader to believe that Pilatus Officer Claude Ann Sant Fournier is innocent of money laundering, due to certain "administrative mistakes" she made. Prosecutors have made no such assertions, and the information is clearly intended to serve as the grounds for ultimately dropping the charges pending against her, most likely due to the fact that she comes from an influential family. This is blatant manipulation of media. 

To add to the confusion, the article falsely claims that the US Government withheld evidence that could have been exculpatory. in truth and in fact, the FBI delivered massive amounts of evidence to the US Attorney's Office, some of which was never forwarded to the defence. That's not the same as intentionally withholding evidence.

Finally, blaming the United States, after a number of well-placed anti-American postings by Labour trolls, couched as anti-colonialism, would seen to fit in with a well-orchestrated campaign to misdirect public fury towards America, and therefore to excuse the lack of justice. It's was if the article was written by someone in Russian Intelligence at the Embassy.

Well done, Muscat.You remember your early PL tactics as a propagandist quite well.