SAINT KITTS OPENS CRIMINAL INVESTIGATION INTO CITIZENSHIP BY INVESTMENT ILLEGAL SALES SCANDAL

Ex-PM Timothy Harris

The Government of Saint Kitts and Nevis, through its Prime Minister, TERRANCE DREW, has announced that it has opened a criminal investigation into the ongoing scandal involving the widespread illegally-discounted sale of Citizenship by Investment (CBI) passports. It will be conducted under the auspices of the country's Department of Public Prosecution (DPP), which investigates violations of the criminal laws, as the sale of illegally-discounted passports in Saint Kitts is a criminal offense. The Prime Minister's Office, in an announcement on September 20, detailed the recent CBI reforms enacted by the Government, but noted that there were what he referred to as 'irregularities" prior to the passing of those reforms, which the DPP was now charged to investigate.

Not mentioned in the PMs statement, but vitally important to its success, are the details of how it will be conducted. The investigation will be led by a Special Prosecutor, to be brought in from "a foreign jurisdiction," meaning outside Saint Kitts, most likely because many of the probable targets are present and former members of the government, together with other politicians and businessmen known to be closely linked to them. It is not known whether he will be from one of the other four EC states that offer CBI/CIP. He will be assisted by individuals described in local media as "a team of outside investigators," which generally means law enforcement agents who are experienced detectives. In a nod to local concerns about foreign investigators, one of the investigators will be a Kittitian, "to insure collaboration and local oversight."That individual, and what Saint Kitts government agency he will be drawn from, has not yet been made public.

Ying Jim and Les Khan

The primary targets of the investigation will most certainly include former Prime Minister TIMOTHY HARRIS, who remains a member of the country's Parliament, the National Assembly, the former head of the country's Citizenship by Investment Unit (CIU), LESLIE "LES" KHAN, and the CEO of CARIBBEAN GALAXY REAL ESTATE LIMITED, YING JIN. All three of those individuals are named party defendants in the RICO lawsuit, which has been brought in Federal Court in the United States, alleging massive and rampant illegal pricing discounting by Galaxy in passport sales, and which specifically implicates Harris, Khan and Jin, among others, as bad actors in the scandal.

There will also be, most likely, other targets of the investigation, including but not limited to, passport sales consultancies and other vendors, sub-agents, financial institutions in Saint Kitts and abroad, due diligence firms and other entities and individuals. It is also expected that they will also include a number of sitting senior government officials of Saint Kitts and Nevis, and politicians from the Peoples' Labour Party (PLP).

Whether the investigation will be conducted without delay, and without deference to some of the powerful Kittitian political figures who will most certainly be interviewed, and who will be called upon to produce personal financial records, are questions outside observers in the United States and the United Kingdom will be asking. The stature and independence of the outside Special Prosecutor to be appointed is also an important factor; will there simply be a long, drawn-out process, amounting to a coverup, or will criminal charges ultimately be filed, in a scandal where everyone appears to be implicated? We cannot say, but we will be watching.