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Justice delayed is Justice denied!

Instead of touching on incidents that have actually happened, this latest edition of Tales From The Courts focuses on a developing international scandal that may involve the Barbados courts.

In the last month, the financial world has been rocked by evidence of LIBOR fixing by Barclays Bank. LIBOR is the London Inter Bank Offered Rate. The scandal in the making has led to the resignation of both the UK chairman and the UK chief executive of Barclays Bank and the setting up of a parliamentary enquiry in the UK involving, not just of Barclays, but of all banks. Last week Barclays was fined £290 million for LIBOR rigging.

This, however, is not just a UK problem, but an international one. There are ongoing investigations in the USA – to which the Barbados economy is pegged and in the UK and there is every likelihood of criminal prosecutions for certain people and massive fines resulting.

The scandal now has taken a turn and involved Canada and the Canadian courts, where the Royal Bank of Scotland is seeking to have a court order for the discovery of documents and evidence from a senior judge set aside on the basis that it breaches the Canadian Constitution (in Canada) and the Data Protection Act 2000 (in the United Kingdom). It is doubtful if this legal tactic on the part of Royal Bank of Scotland will succeed, given that all the other banks subjected to the Canadian court order are complying.

Among the banks (apart from Royal Bank of Scotland) complying with the Canadian court order are HSBC, Citigroup, Deutsche Bank, JP Morgan and UBS. Here us the report in the Sunday Telegraph.

So, you may ask, how does that affect the Barbados courts?

The time-frame of the matter giving rise to the acts now being investigated occurred roughly in the period 2005 to 2008. The Barbados real estate and investment market will recall how, during this period and afterwards, business boomed with all these bankers and traders coming to Barbados, their multi-million dollar bonuses in hand, to invest these in the purchase of houses/properties in Barbados, either personally or through private corporations.

Now, it looks as if there is every likelihood the Barbados courts will be swamped as lawyers from overseas try to collect on court-ordered fines against properties in Barbados and other overseas lawyers try to resist. These overseas lawyers, unless they have right of audience before the Barbados courts, will have to operate through local counsel and local counsel must be rubbing their hands with glee at the thought of this windfall to their coffers.

All this would be okay except for one little problem. It is that the eyes of the legal and financial and governmental world will be firmly fixed on Barbados and its judicial system. With every one of the myriad flaws in the Barbados Judicial System that is exposed Barbados will lose more foreign capital and its reputation belittled if such is possible.

But the LIBOR cheats will be happy. After all, a person likes to think they have a luxurious and sunny place to recover after a spell in prison.

BU calls, AGAIN, for the resignations or dismissals of Registrar Marva Clarke and Master Keith Roberts. They are completely incompetent and our tax dollars should NOT be expended to pay them salaries or pensions.

Email Received: In 2005 my brother was wrongfully (mistaken identity) taken by marshals to Harrisons Point (the prison) and held for approx 5 hours.  He won the case against the AG  and was awarded approx. $50,000.00.  His attorney was also later awarded $26,000.00+ by the Registrar for fees.

His attorney informed me (he lives in NYC) prior to the Judge’s ruling that my brother would receive all the money awarded to him. by Govt. and they would also pay his (atty) fees.  However, in 2011 a cheque was paid to the attorney by the AG’s office on account of this settlement and to date my brother has received less than half of the money paid by the Govt. because (1) the attorney’s fee was more than half the award and (2) the attorney took his fees from the money the Govt. paid him.

I have been reliably informed that Govt. financial rules state that money is paid to the attorney ON PRESENTATION OF WRITTEN PERMISSION FROM THE BENEFICIARY AND HIS/HER ORIGINAL ID.  My brother never gave that permission.  Now the Govt. is not releasing the attorneys fee so my brother can be paid in full. He has written the AG the SG the CJ and the PM without success and the AG’s office says it is being investigated.  Guess what, one of the attorney’s partners has a King in the PM’s office!!! so maybe that’s why he was able to have the money paid to him.  Anyway, elections coming up!


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  1. @Caswell

    In an unrelated matter:

    Who will head the new branch at the BPWCCUL and will it be a fair choice? It is being said that the committees are made up of friends. Some are asking if these employees are sleeping their way to the top. Some employees are asking.

  2. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    I have no idea who will head the branch, but as you suggest the practice has been the one who is best at pillow talk.

    Public Workers Credit Union has been a den of corruption for a long time and there seem to be no end in sight. The problem has always been and continues to be incompetent regulators. The new Financial Services Commission so far has only been an excuse for paying large salaries to a few individuals with little else to show. They concern themselves with which colour hose to use when the credit union movement’s house is burning from massive corruption. Undetected only because the regulators refuse to look.

    They also concern themselves with the minutiae while thieves thrive in the certain knowledge that their corruption will go unpunished. In June last year the FSC was more concerned with investigating my eligibility to serve on the Supervisory Committee of COB than dealing with the crooks. Needless to say, I came out squeaky clean. Now they are concerned about the fact that two brothers are serving on the same board of a credit union. Their concern has been sidetracked by vested interests in that direction because those two brothers have been more effective in highlighting wrongdoing than the Supervisory Committee.

    The FSC is now probably the unwitting ally for the crooks in the credit union movement.


  3. Sweeping reforms being called for in the UK banking sector. No doubt this is bound to have a rippling effect:

    http://news.sky.com/story/957760/miliband-wants-banking-overhaul-after-scandal


  4. Mr Money Man
    Give the little man a helping hand


  5. Blow the whistle


  6. After listening to Judy Thomas on the afternoon Talk Show one cannot help to compare the situation she described with that of the Courts of Barbados. She emotionally described how successive governments have paid lip service to emergency management in Barbados.


  7. Speaking of reforms, one reform that’s needed (which you can be sure the banks will fight to the death to prevent) is to take away from commercial banks their ability to make brand new money out of nothing (on which they then get to charge interest) every time they grant a loan.

    Imagine if you as an individual were to have only $200 in your bank account and an acquaintance approached you and said, “You can lend me $3000? Courts got a sweet looking, wide screen TV pun sale, and I want to buy one fuh the living room, bad, bad”. You determine this individual is working at a fairly good job paying a reasonable salary and is not already over indebted, so you reply, “Sure, just give me a minute”.

    You then run inside to a back room, start up a printing press therein and print of $3000 in $100 bills and take it back to your buddy waiting on the front steps and give him the newly minted (by you) 3000 dollars. You say, “Here is your loan, and by the way, the interest charge will be 15% per annum. The TV will be collateral for the loan, so If you loose your job, have unexpected medical expenses, or for whatever reason don’t make the monthly repayments, you can expect me to come by to collect the TV and you will be legally obligated to give it to me.

    Would that be a sweet deal (for you) or what? You just lent the man $3000 dollars that you did not have, until you made it yourself on your own printing press, and lent it out at 15% interest with the loan secured by a widescreen TV which you can keep or resell should a default on the loan occur. Now suppose you can repeat that process and grant more loans in a similar fashion almost ad infinitum as long as you could find applicants needing a loan.

    Believe it or not, that’s pretty much the way the banking system operates today. The widespread belief that banks only act as intermediaries, lending the money held by savers in savings accounts, term deposits etc to borrowers needing money to buy physical assets or invest in businesses etc. is a misapprehension. With fractional reserve banking, banks lend out far more money than they have on deposit in savings accounts etc.

    In the bank’s case, it doesn’t have to print off physical banknotes to give a client for a loan. It just makes a bookkeeping entry in its database and the newly created money then shows up as a positive balance in the client’s account. The newly created money is taken by the client to purchase, a car, house, living room suite or whatever and then is repaid to the bank at interest. The bank in effect now earns interest on money that, for the most part, did not exist, until the bank itself created the money when the loan was granted”.

    97% Owned is a documentary from the UK organisation Positive Money, formed to lobby for monetary reform.

    “When money drives almost all activity on the planet, it’s essential that we understand it. Yet simple questions often get overlooked – questions like: where does money come from? Who creates it? Who decides how it gets used? And what does that mean for the millions of ordinary people who suffer when money and finance breaks down?

    97% Owned is a new documentary that reveals how money is at the root of our current social and economic crisis. Featuring frank interviews and commentary from economists, campaigners and former bankers, it exposes the privatised, debt-based monetary system that gives banks the power to create money, shape the economy, cause crises and push house prices out of reach. Fact-based and clearly explained, in just 60 minutes it shows how the power to create money is the piece of the puzzle that economists were missing when they failed to predict the crisis.”


  8. @Green Monkey. Well done.


  9. @Caswell
    You are absolutely right about the FSC. It is actually a corruption of co-operative principles to have such a body exercising such responsibility.
    Bushie was PERSONALLY disappointed that you did not raise a big stink when these laws were being passed…. (But at that time you were busy advising the AG were you not…?)

    The true role of overseeing GOVERNANCE in a cooperative is that of an unpaid group of volunteer MEMBERS, who are elected by the membership and who has the power and right to take action to deal with illegal or even undesirable activities… The Supervisory Committee.

    Appointing a body like the FSC simply puts the cooperative into the same situation that CLICO, SAGICOR, BARCLAYS and others find themselves, where weak governance is becominging increasingly endemic.

    You always tend to go overboard in seeking to apply the letter of the law, ( a la AX ) but that is a positive for the role of supervisor. 🙂
    Public Workers will live to regret not having your brand of “mischief” which is VITAL for an organization of that size and potential for “crookery”.
    ….every volunteer is not a Bourne….

  10. Caswell Franklyn Avatar
    Caswell Franklyn

    Bushie

    I did kick up a stink when these new laws were being proposed: I wrote several articles that were published in the Nation. I will share them with you some time, give me a call.

    From inception co- operatives were supposed to avoid politics but today we have a member of parliament as the president of COB. To make matters worse the FSC has taken on the role of protecting him and has refused to do its duty when James Paul is involved.


  11. @Casewell. I would be interested in seeing those articles as well.


  12. After listening to Judy Thomas on the afternoon Talk Show one cannot help to compare the situation she described with that of the Courts of Barbados. She emotionally described how successive governments have paid lip service to emergency management in Barbados”
    that organisation needs dynamic and inspirational leadership which she is unable to provide. she needs to go home. the mere fact that she is head of that important organisation does indeed demonstrate the lip service approach by both governments to the organisation.


  13. Is someone able to say whether Beckles J (ag) has returned to Oistins? Was there someone appointed and functioning to ‘stand in’ at Oistins during the Beckles’ absence?


  14. On Monday an attorney waited for five hours in the High Court while the latter tried to sort out why a matter, scheduled nine weeks ago for Monday, had not been listed by Registry.

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