The Jeff Cumberbatch Column – A Clock Striking Thirteen

It was a bright cold day in April, and the clocks were striking thirteen.” –George Orwell -“1984”

I frequently use the phrase at caption to suggest that an event is not only extraordinary in itself but that it also calls into question the assumed objective reality of previous similar events. I mean, if a clock is going to strike thirteen when there are twelve hours only in the forenoon and the same number after noon in one day, then one is entitled to query what time was it exactly when that clock chimed eight times for instance.

I had cause to use the expression again last week when the news was reported that former Cabinet member in the recently outgone Democratic Labour Party administration, Mr Donville Inniss, had been arrested, charged and indicted in the US with the offence of money laundering the proceeds of a crime committed in Barbados. Of course, under the system of law that prevails in both of the relevant jurisdictions, an accused is to be presumed innocent until proven guilty beyond reasonable doubt.

Hence my retort was not occasioned by any assumption that Mr Inniss had indeed committed the offences that led to his indictment but, rather, by the allegation itself therein that that a local private sector concern had colluded corruptly with a state official to benefit unfairly from a commercial transaction. Muted whispers apart, to what extent is this prevalent in our society and for how long has it been? Or was this merely the misinterpretation of a perfectly legitimate transaction and thus simply an aberration in contemporary Barbados politico-commercial life?

So the hall clock struck thirteen, giving cause to wonder whether all public contracts over the years have been fairly won by private concerns. And to wonder whether other state officials have ever been corruptly active in the award of these contracts and whether it will even be possible to stymie the practice, if it does exist.

Much has been made of the fact that a responsible Minister was allegedly able to play such a primary role in the selection of an insurer for an enterprise governed by a board of directors. I should disclose in his favour, for what it is worth, that Mr Inniss was my line Minister for the three years [2015-2018] I served as Chairman of the Fair Trading Commission and never once in that time did he attempt to influence or interfere with any of the decisions of our Board of Commissioners, not even when we were called upon to deliberate on the compliance with the Fair Competition Act of the proposed purchase of BNTCL by a private concern; a transaction on which the administration of which he was a part then appeared to hang so much hope for Barbados’ short term economic recovery.

The indictment accuses Mr Inniss of money laundering. Essentially, this offence entails in layman’s terms, an attempt to launder “dirty” money by concealing the criminal source of its acquisition and by pretending that it has been lawfully acquired. The strict legal definition is not so limited, at least locally, however. According to section 5 of the Money Laundering and Financing of Terrorism (Prevention and Control) Act 2011-

(1) A person engages in money laundering where

(a) the person engages, directly or indirectly, in a transaction that involves money or other property or a benefit that is proceeds of crime; or

(b) the person receives, possesses, conceals, disposes of, or brings into or sends out of Barbados any money or other property or a benefit that is proceeds of crime.

For the purposes of this section, a person engages in money laundering where he knows or has reasonable grounds to suspect that the property or benefit is derived or realised directly or indirectly from some form of unlawful activity or, where the person is

(a) an individual other than a person referred to in paragraph (b), where he fails without reasonable excuse to take reasonable steps to ascertain whether or not the property or benefit is derived or realised, directly or indirectly, from some form of unlawful activity; or

(b) a financial institution or a non-financial business entity or professional, where the financial institution or non-financial business entity or professional fails to take reasonable steps to implement or apply procedures to control or combat money laundering.

So far as local law is concerned therefore, money laundering would appear to include any type of dealing with the proceeds of crime so that the perpetrator of any predicate offence from which money or other property is alleged to have been derived may be charged with the offence of money laundering even though he or she did not attempt to conceal its source but simply used those proceeds in an otherwise lawful transaction.

It is at least ironic that the predicate offence on which the Inniss indictment is based is located in the hoary Prevention of Corruption Act 1929 that was much scoffed at earlier this year when suggested as affording adequate protection against corruption. While this in no way to argue that that statute is indeed fit for contemporary purposes, it nevertheless provides for a criminal offence that may be utilized for any proceeds emanating from it to be treated as the basis of a money laundering charge.

I have followed with interest the public discussion of some of the legal issues pertinent to this matter. For instance, some have opined that Mr Inniss was arrested and charged in the US only because he had lost his diplomatic (sic) immunity together with his membership of Parliament on May 24. In fact an MP here enjoys no diplomatic immunity in respect of criminal acts, although he or she is entitled to immunity from arrest or imprisonment on any civil process while Parliament is in session except in certain limited circumstances -see section 5 (1) of the Parliament (Privileges, Immunities and Powers) Act.:

No member shall, during a session, be liable to arrest or imprisonment on any civil process, except for a debt the contraction of which constitutes a criminal offence.”

Another is the degree of calumny heaped, in my view unfairly, on the Commissioner of Police, Mr Tyrone Griffith, for his assertion on the matter, as reported in another section of the press, that “We only pursue matters where we have a complaint and, as far as I am aware, no report has been made to us….”

I do not need or intend to speak for the Commissioner, but I consider that his comments have been regrettably drawn out of context. The offence, on the basis of which Mr Inniss has been indicted in the US, is indeed criminal locally, but given its nature, there is no objective basis for the local constabulary reasonably to suspect that such an offence has indeed been committed here. Clearly, the indictment is based on intelligence to which the charging authorities in the US are privy. However, in the absence of this intelligence having been shared with the local authorities, itself an unlikely prospect since it would amount to an admission of criminal conspiracy from the party best able to do so, the Commissioner’s remarks are understandable. Perhaps the Commissioner could have expressed himself more clearly, but in light of the fact that the crime under the Prevention of Corruption Act is by nature victimless, the reference to a complainant was arguably legally and hopelessly misplaced.

83 comments

  • Dentistry Whisperer (M. Pharm. D) LinkedIN

    In North America there is a difference between “jail” and “”prison”. Money laundering is Federal and Donville Inniss will be home to start his pension …about 20 yrs with good behaviour. Some local lawyer in Barbados said U.S. cannot charge/jail Donville Inniss. I guess he (this local lawyer) received his LLP at UWI. Donville is already in jail with a GPS strap around his ankle.Haynes Darlington. 

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  • Well Well & Cut N' Paste At Your Service

    “but in light of the fact that the crime under the Prevention of Corruption Act is by nature victimless.”

    A difference of opinion here, money laundering id not a victimless crime, the state loses because it is unable to collect taxes on the laundered funds in Barbados and the US…the taxpayers lose in one form or another in both jurisdictions. .

    ,,, these backroom deals to award contract for financial gains between government ministers and criminal minded businesses are a blight, look at the transport board and you need not look any futher.

    The Commissioner could indeed have instead alluded to cooperation between his office and the feds to investigate the matter, he took the easy way out and shined a spotlight on himself.

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  • Well Well & Cut N' Paste At Your Service

    Dentistry…that lawyer is clueless as it relates to the federal system, I hope he is not representing Donville, who can now hope and pray for leniency and he might get it as long as there is nothing else to charge him with.

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  • Jeff Cumberbatch

    *A difference of opinion here, money laundering id not a victimless crime, the state loses because it is unable to collect taxes on the laundered funds in Barbados and the US…the taxpayers lose in one form or another in both jurisdictions. *

    @WW…money laundering is not the crime under the Prevention of Corruption Act but I take your point that there may really be no victimless crime. But I was using the expression in its strict sense that there is no victim in a bribery conspiracy. Both get what each one wants!.

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  • Dean Cumberbatch, as usual a powerful admonition wrapped with a velvet touch.

    Many, myself included, are quite bemused by the workings of our previous govt clocks as you so aptly noted…so indeed “one is entitled to query what time was it exactly when that clock chimed eight times for instance”.

    Your remark about serving as FCC chair under the direction of Mr Inniss and nary a word of interference is actually quite instructive. Yours was a regulatory body….much more difficult to silence rumours that a “… person receives, possesses, conceals, disposes of, or brings into or sends out of Barbados any money or other property or a benefit that is proceeds of crime” if any persuasive power to influence a decision was directed at your Board!

    I wish the former minister all the best in validating his innocence in this matter…he is yet still an innocent man!

    And I also doubly wish that your diplomatically chimed tic-toc moves us further along this clock cleaning process…you phrased it as:

    …”Muted whispers apart, to what extent is this prevalent in our society and for how long has it been?[…]And to wonder whether other state officials have ever been corruptly active in the award of these contracts and whether it will even be possible to stymie the practice, if it does exist.”

    Bluntly, it does exist. We all know anecdotically…so if this US prosecution offers a timer that can reset local political clock cleaners and expose them then 13 may become our lucky number!

    Liked by 1 person

  • The clarification about local politicians immune from prosecution because they hold diplomatic passports is interesting if only to reaffirm the nonexistance of effective communication between government and people, also an inadequacy of the local media.

    Liked by 1 person

  • ((►)) When Jah Come
    not event the dog that pisseth against the wall of Babylon shall escape his wrath

    Mr Innis was a Government Officer who would have completed AML Anti Money Laundering training and therefore, he would known that he should submit a SAR Suspicious Activity Report to NCIS National Criminal Intelligence Service if he suspects any illegal activity to absolve himself of blame in conspiracy

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  • Caswell Franklyn

    In Barbados bribery and corruption generally are the norm in this country. It is so because politicians have taken over control of the Public Service. Hardly anyone is appointed, even temporarily, or promoted without the intervention of some politician. So in order to get appointed or promoted, the public officer, who should be enforcing the rules, turns a blind to corruption and at times get his share.

    Corruption is even worse at statutory boards where ministers appoint their supporters to the boards.

    Jeff, politicians usually have no respect for the people that are appointed to statutory boards. Fortunately, you were an exception because they needed your skills as there were not many if any of their yardfowls that were capable and willing to give service to the country for a pittance.

    Liked by 1 person

  • Caswell Franklyn

    Dribbler

    You wrote:

    “I wish the former minister all the best in validating his innocence in this matter…he is yet still an innocent man!”

    Well unlike you, I wish the former minister twenty years. That might deter others in this little Sicily called Barbados.

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  • @ Caswell

    “Jeff, politicians usually have no respect for the people that are appointed to statutory boards. Fortunately, you were an exception because they needed your skills as there were not many if any of their yardfowls that were capable and willing to give service to the country for a pittance.”

    Does the above statement apply to both the Barbados Labour Party and the Democratic Labour Party. Now that you are a senator and I presume that you are being paid by the taxpayers, can we expect you to not only imply corruption but to actually use your parliamentary privilege, if it applies to the Senate, to expose corrupt politicians, business persons and civil servants ?
    Whether you want to admit or not, you are now a bonafide member of the political class and we are going to be holding you to the same standards of transparency.
    As a trade unionist, and a very good one from all accounts, I am certain you know many stories of what happens when supervisors move up to management.

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  • Caswell Franklyn

    William

    I don’t understand what member of the political class you are talking about. I am not a member of any political party since 2003 and I am not one now.

    When I was appointed to the Senator, Bishop Atherley said to me that I should speak my mind and vote my conscience, even if I disagree with him. That is all that I will do.

    Sent from my iPad

    Liked by 1 person

  • @ Jeff
    But I was using the expression in its strict sense that there is no victim in a bribery conspiracy. Both get what each one wants!.
    +++++++++++++++++++++++++++++++
    You ALSO need to apologise and correct this mis-statement.

    In a bribery conspiracy there are BOTH victims and and perps…. in this case both the bribers and bribe-takers are perpetrators and the ‘victims’ are the many innocent, trusting, brass bowls who pay the price -sometimes with their very LIVES.

    CLICO being a case in point ..where some of your law students use the argument above (wonder where they got it…?) to define the innocent VICTIMS out of existence.

    Apology and clarification accepted.

    Liked by 1 person

  • Sen Franklyn, the US justice system is powerfully foreboding….Mr Inniss will get what his conviction merits. However, until proven guilty then he is innocent.

    This continuous refrain of how corrupt Bdos has become is numbing and dispiriting after awhile. If honest people like yourself and Jeff and the many others cannot force change surreptitiously from within over these many years or at least help bring to bear a harsh spotlight of shame on wrong doers do you really believe that this one-off conviction (if made) will make a difference.

    Alas, like many others I grew up devouring Mafia lore via the Mack Bolan books and have maintained an (unhealthy 😊) interest so I take your Sicily reference with a bit of remorse.

    …I imagine you seek to link to the controlling interest of the Mafia crime syndicate of that city as an allegory of lil Bim with our political elite in role of Mafia.

    But you blithely overlook the fact that despite the almost pervasive control that many a mafiosa were arrested and indicted…when in BIM did that happen!

    However, the flip side to those legal efforts to gain a semblance of control also saw assinations of several judges, prosecutors, other officials and even family members …that too has also not happened in BIM.

    So thankfully we should be truly thankful that our honest actors like yourself remain with us…we are NOT like Siciliy in any way, shape or form. Just saying!

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  • When I was appointed to the Senator, Bishop Atherley said to me that I should speak my mind and vote my conscience, even if I disagree with him. That is all that I will do.
    +++++++++++++++++++++++++++++++
    Excellent advice from the leader of the opposition (who Bushie is getting to like more and more…)
    However there is something called ‘TACTFULNESS’, which is the WISE method of-
    -speaking your mind
    -voting your conscience
    -…AND EFFECTING meaningful change.

    …any idiot can accomplish the first two……

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  • the regret is that the AG knew, however crude, that the COP was right. that is is reason he said tongue in cheek that the COP should consider him the complainant.

    BTW there is a big difference between a complainant and a victim, altho they can be the same.

    @Jeff

    your is but a theoretically explanation. from a practical standpoint it is difficult for police or investigators to investigate bribery/corruption offences without some sort of a complaint. in this particular matter it seems like the predicate offence – corruption- took place in Bim whilst the laundering or some aspect of it – the proceeds of the criminal conduct- occurred in the US.

    so if the COP is to investigate anything it would be the corruption which surrounds routing govt contracts to ICBL for a fee (how the fee is dealt with is the M/L) and if that is the case how does he go about investigating such without a complaint from the Govt who knows about the contracts or from ICBL who would probably know about all of it?

    the COP with years of practical experience knows this and is correct.

    Liked by 1 person

  • Well Well & Cut N' Paste At Your Service

    Jeff….I got your point too and the briber/bribee games between politicians, ministers and business people would have been perfect for criminals when they eventually fall out and kill each other…if it did not also cause a chain reaction that then trickles into society infecting and negatively impacting the economy….the likes of which we are now witnessing because of the actions of bribers and bribees, the players who have ruined everything with their greed.

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  • pieceuhderockyeahright

    @ De Ingrunt Word aka DPD

    You were doing quite well till you said ‘…So thankfully we should be truly thankful that our honest actors like yourself remain with us…we are NOT like Siciliy in any way, shape or form. Just saying!…”

    Let us suppose I came to your house and DURING THE PERIOD cleaned out your possessions food, tools through which you are gainfully employed, clothing, your money everything!

    You call the RBPF and our sometimish Commissioner of Police choose to investigate the complaint and charge me for the theft.

    Thereafter the Registrar of the Courts IN CONJUNCTION WITH VARIOUS OFFICERS OF SAID COURT CONTRIVE THAT YOUR MATTER IS NDVER HEARD IN COURT DIW.

    And in the process of all this you lose your house and job and pretty much everything and because of said convolution and non repayment of your indebtedness, you get locked up

    I really want you to explain to dis ole man how you can mek dat statement about not being like Sicily in any way form of fashion when I have impacted on your ability to maintain your life and limb and have had you incarcerated .

    But I guess that you would say that I did not kill you when I entered your dwelling place and took your property and caused you such pain and suffering, Did I?

    SO all is good De Ingrunt Word …

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  • pieceuhderockyeahright

    @ the Honourable Blogmaster your assistance please with an item for De Ingrunt Word aka DPD

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  • Well Well & Cut N' Paste At Your Service

    Greene…you do know to the people on the outside looking in it looks tacky and telling that the Commissioner and the AG cannot seem to agree on who should prompt an investigation into INNISS and ICBL AND OTHERS.., the Commissioner has the powers to open investigations, so too the independent office of the new DPP which in my opinion has too much powers, much of it misused and abused in the last 15 years and none of it is being used as intended… still…

    You cannot publicly bounce around or duck your responsibilities and believe no one else will notice…particularly those on the outside who actually knows what time it is…so if the Commissioner is now aware that bribery and corruption are alledged..,and which prompted a US indictment of a Barbadod citizen…. he does not have to wait for a complaint..or complainant.

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  • So is Bushie to assume that, of those thousands of brass bowls who have been robbed in broad daylight by CLICO, NOT ONE person has raised a complaint with the COP?

    As per…
    “COP, i deposited $X with this man Leroy with the understanding that I will get $(X+y) on a certain date.
    This date has long passed, and not a cent back…. see attached SIGNED agreement /contract.
    I want my money back ..or I want this leper incarcerated so that at least he won’t be seen driving expensive cars up and down the RH place laughing at me…”

    If no CLICO policy holder has filed such a complaint then the COP is right as shiite to laugh at wunna…..

    Liked by 2 people

  • @well well

    either you lack understanding or you have some animus against the COP. I choose to believe the latter.

    since this matter was reported some govt officer in the dept that dealt with the contracts to ICBL could have put together the papers and trot off to the police and make a complaint. or complain with the understanding that they will search for the documents.

    ICBL could have done the same. it is not a big deal you know.

    Liked by 2 people

  • Well Well & Cut N' Paste At Your Service

    And if this is how grown men in positions of power and authority collecting taxpayer’s money in salary every month are going to act despite the destruction to the economy and lives of the majority population and others on the island…it’s best they both sit their asses down and allow DEA, FBI and others to conduct their investigations and share their findings publicly and arrest whomever violated laws of their respective countries so that those in positions of authority now trying to duck their responsibilities cannot attempt any cover ups..

    Again…I am reminded that I worked 2 lucrative jobs in the US in the 90s…could not save 2 pennies…but bajans living in Barbados, not even working in the US… had million dollar bank accounts in US…and FBI had to investigate. .of course those in positions of authority and responsible managed to cover up FBI findings, but these are different times, it’s 2018.

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  • Well Well & Cut N' Paste At Your Service

    Greene..I actually like the Commissioner, so there goes your theory..

    Ok lets cut to the chase, there is an indictment alleging corruption took place on Barbados’ soil in the form of bribery by a former minister and involving executives of ICBL…the US complained.

    The AG complained. .

    So if it’s not the Commish or DPPs office. to investigate…, whose job is it?

    I agree ICBL should and could complain…theg still can…but the Commissiober has since been privy to the contents of the US indictment…the COMPLAINT.

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  • the DPP is not an investigative body in Bim; they prosecute cases brought to them by the police and any other govt investigative body.

    i have no issues with the rest of what you stated

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  • Well Well & Cut N' Paste At Your Service

    The DPP still has investigative powers, she might not have all the resources and tools needed for anything other than a small investigation but the power to mobilize the police to expand an investigation is there….there is the power in the DPPs office to stop any investigation so naturally there is the power to expand one.

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  • There is some naivete being expressed on the blog, companies with reputations and brands to maintained will avoid reporting many matters to the Police, most times.

    On another note, there is bad taste developing in the mouth when an AG ‘covertly’ criticizes the Commissioner of Police. This is a Trump like trend that seems to be developing.

    Liked by 1 person

  • The news item in Barbados Today quote the COP as saying:

    “Even if he is found guilty, it still requires someone to come forward and complain, whoever that may be. Someone has to make the initial complaint, that is how the police get involved.

    “We have a white-collar crime unit and . . . if matters of such a nature are brought to our attention we will investigate it. We have the capability and capacity to deal with these matters,” Griffith said.

    The police commissioner clearly does not see the contradiction in those two statements.

    I see a dead body on a beach with bullet holes in it and I “inform” the police. However, they will not investigate. I have to “complain” that there is a dead body with bullet holes in it on the beach, and only then will the police investigate? What nonsense!!

    The Commissioner of Police now has credible information that a crime has been committed, but claims he can’t investigate. What nonsense!! He has an obligation as the chief law enforcement officer to investigate and file charges if that’s where the investigation leads.

    Two. The insurance company has “apparently” cooperated with the US authorities in their investigation. They fired the offending employees in an effort to stay clean and within the law. But then proceeded to conceal the crime of bribing a public officer by not informing the police. Doesn’t that expose them to being accessories after the fact? Come on Commissioner, do the job you are being paid for. The silly excuses don’t hold water.

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  • Well Well & Cut N' Paste At Your Service

    The two of them were kicking the responsibility back and forth, AG said it is not in his job description to tell the commissioner what to do, I can see that, the AG is supposed to have power over the judiciary…not the police force as many ministers and politicians and business people have neen doing for decades, controlling the police force and what they are allowed to do…..it should never happen…the commissioner should be left alone to do his job…

    Again..it is understandable that the commmissioner may not have been privy to any FBI investigation and was clueless to the events that took place with Inniss and ICBL..therefore he really did have nothing to work with…that was then…..but since all is now out in the open and he has been freed politically to do his job, that is what he should do, no use ICBL playing shy now, everything is out in the open, nothing left to cover up..

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  • @Inkwell

    It is reported that ex-minister Inniss was reported on money laundering charges in the USA, the company involved would have been forced to cooperate once information was presented under the money laundering legislation. They would not have had a choice is the point. The question is what has our FIU done in furtherance of this matter.

    Coincidentally Jeff, can you confirm if you are still Deputy Chairman of the ANTI-MONEY LAUNDERING AUTHORITY AND THE FINANCIAL INTELLIGENCE UNIT?

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  • You all remember Commissioner Darwin Dottin.That was Mia’s Guy that she put there ahead of those who were rightfully in line to have that position.

    Now why would she do that.Well ……. we have the taping or bugging of phones ordered by Dottin (under instructions from higher up) as testified in Court, to by the constables under his charge .

    Owen Arthur who was the prime minister at the time – said in the House he knew nothing about it and gave no such instructions.As a matter of fact Owen’s phone was also bugged along with david Thompson,freundel stuart,Inspector Anderson Bowen,Magistrate Faith Marshall Harris,the driver of David Thompson etc.

    When Mia was questioned she did not answer the query but said it was a ‘red herring’.

    Mia was Attorney General at the time.

    This was totally unprecedented in Barbados Political history.That a prime minister’s phone was being bugged under instructions from his own Attorney General.Then to add to that you had members of the judiciary,police officials,the leader of Opposition,and ordinary citizens also being bugged.

    Fast forward to July 2018 and the administration favourite business supporter – financial and otherwise has been charged with bringing in a large quantity of drugs – and whappax – just so you have a problem.
    .

    Our boy Dottin is no longer in charge and Charles Herbie needs some assistance quick.But we have a man who don’t move like Dottin ,who Mia can’t pull his strings.To make matters worse we have a new DPP who Herbie can’t bribe or make a quick call to.
    .

    What to do know.Well lets see – we need to get rid of Tyronne Griffith – so dale ‘smiley’ marshall you go in dey and try to lick up Griffith for muh.So start with the Donville issue and suggest that he don’t want to investigate Donville.

    Send yuh people on Underground and call he and the DPP – supporters of the DLP.

    We need to get them out of there quick or else we goose cooked.

    How will we get our schemes through and our people like Lord Evil and Bounty to operate without fear.

    BUT THE GROUND IS SAYING TO THEM – HOLD YUH GROUND TYRONNE TYPEE GRIFFITH and DPP DONNA BABB – THE GOOD PEOPLE OF BARBDADOS ARE DEPENDING ON YOU !!!!!!!!

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  • Forget the money laundering for now.

    Did the employees of a Barbados company pay a bribe to a Barbados government minister?

    Were those employees fired for paying a bribe ?

    Should the Company management have reported the bribery to the COP ?

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  • They would not have had a choice is the point. The question is what has our FIU done in furtherance of this matter.

    Coincidentally Jeff, can you confirm if you are still Deputy Chairman of the ANTI-MONEY LAUNDERING AUTHORITY AND THE FINANCIAL INTELLIGENCE UNIT?

    @ David, the FIU has no investigative powers. As its name implies, it is the repository of Financial INTELLIGENCE from financial institutions and others pertaining to money laundering that it passes on to the Financial INVESTIGATIONS Unit of the RBP for action.

    I am no longer Deputy Chairman of the AMLA, of which the FIU is the executive arm. I have been serving as Chairman from 2008 to the present day

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  • @Hants

    Those employees probably were complicit i.e. were aware and facilitated the approval of the payment – had responsibility in the company.

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  • @ well well

    i have posted my position on this already and it is pointless re-arguing it. suffice it to say that there is no mechanism in law (theoretically) or in practice for the DPP to investigate crime in Bim; the DPP is a prosecutorial body as i have stated previously.

    where you are getting mixed up is when the police send a file a file to the DPP for them to consider charges the DPP may ask for more evidence (meaning the police should record a statement to clarify some information or the police should get more forensic or documentary evidence to aid their deliberations re charges).

    on the other hand the DPP may advise the police that from the information in the file there are no crimes contra Bim laws disclosed

    Liked by 1 person

  • @Jeff

    thank you re the FIU. i have stated that before but they refuse to believe me

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  • Thanks Jeff for your clarification and correction.

    From your up close and association with the FIU and related money laundering support structures are you able to offer any insight how the system is failing, can improve etc as it relates to visible lack of enforcement of money laundering activity on island?

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  • In a bribery conspiracy there are BOTH victims and and perps…. in this case both the bribers and bribe-takers are perpetrators and the ‘victims’ are the many innocent, trusting, brass bowls who pay the price -sometimes with their very LIVES.

    @Bush Tea, You may not be aware but a conspiracy -an agreement to commit an illegal act- is in itself a crime. It does not require any furtherance to be treated as criminal. I appreciate that every criminal offense that is carried out may victimize the state or its citizens but that does not mean that the victim will know of the occurrence of the offense and be aware that he or she is a victim, as is alleged in this case.

    Liked by 1 person

  • @ David

    you should get a hold of the evaluation of the our M/L regime by CFATF. the failures are there to be seen. altho i must say that of the countries reviewed all failed for varying reason all except Cuba for obvious reasons.

    if you get a hold of it and post it i will discuss the various failure when it come to Bim

    Liked by 1 person

  • From your up close association with the FIU and related money laundering support structures are you able to offer any insight how the system is failing, can improve etc as it relates to visible lack of enforcement of money laundering activity on island?

    @ David, You will understand, of course, that this is scarcely the appropriate forum to discuss the details of the national anti money laundering policy, but I can assure you that Barbados is striving sedulously to prevent the incidence of this scourge.

    Liked by 1 person

  • @Jeff

    Understand the sensitivity national security concerns etc but as an ordinary man on the street all we have to measure success is the number of sanctions applied whether fines/imprisonment.

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  • @James

    This bullet from the executive summary sticks out:

    The 2016 NRA failed to comprehensively identify national ML/TF threats and vulnerabilities and critically there was limited analysis of terrorist financing (TF) risk, transparency of legal persons and arrangements, and the risks associated with Trust and Corporate Service Providers (TCSPs) and cross border cash movements.

    Liked by 1 person

  • Here is another that piques interest:

    It is evident that supervisors generally are not applying the full range of available sanctions for non-compliance by FIs and DNFBPs with AML/CFT requirements.

    Liked by 1 person

  • @Senator Caswell

    This comment in the report should be of interest:

    For FIs regulated by FSC, it has been determined that not all Credit Unions understand their risk and have implemented the necessary preventive measures.

    Liked by 1 person

  • “meaning the police should record a statement to clarify some information or the police should get more forensic or documentary evidence to aid their deliberations re charges).

    on the other hand the DPP may advise the police that from the information in the file there are no crimes contra Bim laws disclosed.”

    No need to take it further, we are both saying the same thing but from different points of views…the DPP indeed can mobilize the police to carry out further investigations or tell the police there is no need for further investigations, no law was contravened….

    my idea of a DPP investigating was not literal…but there are investigators or there should be in the DPPs office, not much need for their use, seeing as they are never used….. because the DPP has access to a whole force and the power to give the police directions.

    Like

  • millertheanunnaki

    @ Jeff Cumberbatch August 12, 2018 10:54 AM
    “ David, the FIU has no investigative powers. As its name implies, it is the repository of Financial INTELLIGENCE from financial institutions and others pertaining to money laundering that it passes on to the Financial INVESTIGATIONS Unit of the RBP for action.”

    Sorry to put you on the spot but you have put your own ‘regulatory’ head above the parapet, on this occasion.

    Would the public be entitled to know (in the interest of transparency and in keeping with the spirit of the AMLA) what has become of the millions in ‘deposited savings’ made by a former CLICO executive and which were returned to him by way of a full-disclosed and clean cheque by a well-known commercial bank?

    Is that stash of ‘cleansed’ money still with the Central Bank, the banker of last resort to the holders of such large sums of ‘un-circulating’ money?

    Like

  • “Our boy Dottin is no longer in charge and Charles Herbie needs some assistance quick.But we have a man who don’t move like Dottin ,who Mia can’t pull his strings.To make matters worse we have a new DPP who Herbie can’t bribe or make a quick call to.”

    Actually ya should thank the electorate for that, all those DLP appointments got to stay in place when the previous government was kicked to the curb, none of them saw it coming..now the present government has no choice but to work with them..

    I cannot think of a better reason for the DPP and Commissioner to do the jobs the taxpayers are paying them to do, seeing as they are not BLP appointees and are not obliged to tolerate corruption or bribery or anything outside of their job descriptions..

    Like

  • @ Well, Well wrote ” all those DLP appointments got to stay in place “.

    The Prime Minister could ask them to resign or fire them and let them sue the ” government “

    Like

  • @Inkwell, yours is perhaps the most bluntly accurate post I have read on the CoP remarks. I dont agree that the AG should publicly upbraid the commissioner but I applaud your remark that the CoP’s “…silly excuses don’t hold water.”

    @Pieces old chap, let’s not play semantics. In the very direct way whereas Sicily endured oppressive mafia corruption in govt and beyond which led to death and desolation of the familes of many official fighting said corruption and too the convictions of some of the criminals, and wheras none of the above has happened in Barbados I offer that based on the Senator’s reference there is NO true comparative analysis.

    Now my friend Sicily is an island like Barbados and there are surely several other aspects of life there of lovely comparative reference…like the ineffective courts system that could cause a citizen to be doubly victimized, as you mentioned….

    That however was NOT even remotely considered under the earlier discourse as it’s well beyond the point to which I opined.

    So no semantics…I was palavering about pervasive corruption and it’s impact on the officials and the elite who do the bad deeds.

    The Sicilian authorities manfully took on the challenge and some paid the ultimate price of their and families’ lives…let’s not make pretty but specious comparisons to us here in Bim, fah real!…

    …can you name me ONE…just ONE Bajan official who had a life changing moment of fear and future life problems (or even had a really bad hair day🤣) due to their prosecution/detailed investigation of corrupt elites on our island home!

    Like

  • Would the public be entitled to know (in the interest of transparency and in keeping with the spirit of the AMLA) what has become of the millions in ‘deposited savings’ made by a former CLICO executive and which were returned to him by way of a full-disclosed and clean cheque by a well-known commercial bank?

    Is that stash of ‘cleansed’ money still with the Central Bank, the banker of last resort to the holders of such large sums of ‘un-circulating’ money?

    @ Miller, as the saying goes, this one is way above my pay grade. In order for money to be “laundered”, it must first have to be “dirty”, that is, be the proceeds of some established criminality. I am not aware that there has been any allegation in that regard here…

    Like

  • @ David

    thanks for posting the evaluation report

    this is the biggest failure to me-

    “The reality that confiscation of criminal proceeds is primarily pursued under the Exchange Control
    Act (ECA) as opposed to the Proceed of Crime Act, (POCA) presents a major deficiency and in this
    vein the authorities in Barbados have determined the need to shortly promulgate the Proceed and
    Instrumentalities of Crime Bill which will improve the legal framework for seizures, confiscation,
    and asset forfeiture. This presents a limitation to the recovery of criminal proceeds under the ECA
    on the basis that not all proceeds of crime will be money.”

    Like

  • Hants..but then she would be shooting herself in the foot, if she wants nonpartisan, non political interference in the police force and the office of the DPP which is a precursor to cleaning up the judiciary…Mia cannot fire them only to replace them with BLP appointees whose hands will be tied, unable to do their jobs, except for what orders and demands are directed at them from ministers etc who appointed them, which will only lead to more of the same….business people interfering in the day to day running of the police force and DPPs office which will lead to more bribery corruption..

    That is why the people threw out the last government…they did not vote for more of the same after May 24th, the population has had enough and Mia knows this…this is the defining moment for the Mia government.

    There is a federal complaint, the US government is the complainant…the government needs to read the tea leaves and leave the police alone to do their jobs.

    Like

  • millertheanunnaki

    @ Jeff Cumberbatch August 12, 2018 12:05 PM

    OK JC, we will let you off the legal hook this time by giving you a free get-out-of-jail card this ‘round’ of dealing in order to adhere to the rules of the game called “Political Correctness”.

    But for a bitingly bitter word of proverbial financial wisdom:
    A ‘reputable’ commercial bank would never ‘dishonour’ a much-valued customer’s cheque unless it bounces from one hand to the next and then falls flat on its face value displaying the letters “DLM” instead of “NSF”.

    We will let you ‘figure out’ what the letters “DML” stand for if not as a brand of unaccountable money unfit for clean dealing in a market of fair exchange.

    As an old Wesley Hall boy of high moral repute, and later schooled in the classics, you are more than fully acquainted with the phrase:
    “Quis custodiet ipsos custodes?”

    If the Central Banker-who is now calling for transparency in all deals- could not guard the financial laundry machine, who else can, the FIU in a now fully-ripe banana republic?

    Like

  • @James Greene

    What has informed your view here?

    Like

  • pieceuhderockyeahright

    “……can you name me ONE…just ONE Bajan official who had a life changing moment of fear and future life problems (or even had a really bad hair day🤣) due to their prosecution/detailed investigation of corrupt elites on our island home!…?”

    Ammmmm…de late Frank King and a few others but den still living so…..

    Liked by 1 person

  • The clock struck 13 when no solution to the Mark Stokes disappearance was found.

    It moved to 14 when Pele Parris was murdered.

    It was striking 25 when the diplomatic dope scandal raised its hear in 1989 signaling that the GOB had been well and truly infiltrated.

    It is back at 12 now that the American authorities have their man.

    … and hopefully, it will stay there!!

    Donville is involved in a less than 1 million dollar activity.

    It is time to look at the BWA where 10’s of millions are involved!!

    A lending agency has to source the funds it on lends from somewhere!!

    Like

  • Dentistry Whisperer (M. Pharm. D) LinkedIN

    Barbados wins silver in relay – Toronto, August 12, 2018. Beats Jamaica, U.S.A and T&THaynes Darlington.

    Like

  • The United States do not care about any “complaint” or other small formalities of foreign legal system. Just look what DT did to Turkey the last three days.

    And Barbadian lawyers argue there might be no bribery? LOL 🙂 It will take the United States one second to extract all necessary information from local companies, QCs, ministers, judges, DPP and COP. Most of them have accounts in the States anyway and must do what the US attorneys demand.

    I would also like to point out that the US attorneys presumably went through DI´s whole business including alleged streaming activities and including his customer database. American judges do not like such business … 😉 In a court case all kind of business will be on the table.

    Like

  • If as alleged by the Americans a bribe was paid by an insurance company, my question is: “Where did the bribe money come from, if not from the pockets of the the policy holders?

    If so aren’t the policy holders the ones being victimized?

    All I can can is that after decades of high premiums, by property insurance policy with ICBL is costing me $394.43 BDS LESS as of June this year. And I AM GLAD..

    If the Americans have to charge more high level people, from the public sector or the private sector, then I would will be glad if on each occasion I have $394.43 more to spend or to save.

    Whenever possible insurance companies should pass extra money on to their customers, especially the small customers like me. They should not as alleged by the Americans pass it on to highly paid Cabinet members, or highly paid company executives.

    Like

  • Keeping we bre’k, but we int foolish.

    Like

  • @Jeff Cumberbatch August 12, 2018 11:03 AM “I appreciate that every criminal offense that is carried out may victimize the state or its citizens but that does not mean that the victim will know of the occurrence of the offense and be aware that he or she is a victim, as is alleged in this case.”

    If what the aaAmericans allege is true, I suspect that i have been victimized to the tune of $394.43 x 28 years=$11,044.04

    What can $11,044.04 buy me?

    it can pay the carpenter’s wages to install a new roof for me.

    Result of not having that $11,044.04?

    A decent hard working carpenter does not get a job.

    I do not get a badly needed new roof.

    Fraud/dishonesty/bribery/money laundering et. are NOT, I repeat NOT victim-less crimes.

    I trust that the Barbados Revenue Authority has already begun auditing Donville Inniss’ tax returns, from his first day of work, until the after he is dead and his estate settled.

    That is the least that the BRA can do.

    And I would hope that they do not need a “complaint” to begin the audit.

    Like

  • Northern Observer

    I still lean to the idea a ‘former employee of’ and not the ‘private company’ spilled beans. Somebody had to claim the money was ‘dirty’. Otherwise there was nothing to wash.

    Like

  • pieceuhderockyeahright

    @ the Luminary Jeff Cumberbatch

    There is a danger in being too thorough

    Few of your detractors are able to dent your verbal armour.

    You have deftly presented the Donville issue within a scholarly capsule without any bias.

    Just facts based on the publicized American report of the charges against Donville

    You then moved with equal dexterity to address the response of the Commissioner of Police Griffith and what some opined to by inaction of the COP.

    I wondered and am wondering though if, had there been a similar disclosure of the charges against Mr Charles Herbert would such have elicited a 13 hours expose given that such a report would have been a similar charge sheet of a party whom one would bot reasonably expect to be thusly detained.

    A few here might ask the question about how come you did not comment on the Herbert matter and why not?

    I am inclined to believe that, while the two may pertain to persons of a certain ilk you would not have used Herbert’s matter because you would not want to intrude in a local matter and that your highly tuned sensibilities would not permit you to mention his name.

    When the role of Chief Justice comes up for replacement it is my prayer that you are selected for that role Mr Jeff Cumberbatch

    For you are learnèd in large things but circumspect in small things and such is what we need in this country @ 2018

    men who do things because it is the right thing I pray you continued success.

    Like

  • pieceuhderockyeahright

    @ the Honourable Blogmaster your assistance please with an item for the Luminary Jeff Cumberbatch

    Like

  • Mr. Greene

    So far, your explanation of our criminal justice system and the FIU are correct.

    As you correctly stated, the DPP’s office is not an investigative body……

    …….but perhaps some are of the mistaken belief the DPP has a “bureau of investigation” similar to the DA in the USA.

    Like

  • @Artax August 13, 2018 6:41 AM “but perhaps some are of the mistaken belief the DPP has a “bureau of investigation” similar to the DA in the USA.”

    Barbados may not have an FBI, but we do have a RBPF and a DPP, don’t we? But if we continue to say “it isn’t my job” we will continue to end up just where we are now. Foreign authorities arresting our former Cabinet members while their Cabinet seats have scarely cooled.

    And “the white people laughing we”

    Liked by 1 person

  • “Barbados may not have an FBI, but we do have a RBPF and a DPP, don’t we? But if we continue to say “it isn’t my job” we will continue to end up just where we are now.”

    Simple Simon

    My mentioning a “bureau of investigations” is not a reference to the FBI.

    In the USA, for example, the District Attorney’s office has a “bureau of investigations,” which is comprised of investigators that may provide “supplement investigation in cases or, in some instances, build cases from the ground up. Their work ranges from serving subpoenas, reviewing and preparing criminal history reports, to conducting interviews of key witnesses and identifying and tracking down key pieces of evidence. Investigators assigned to the Special Prosecutions Unit provide similar types of support for cases involving: fraud, public integrity, justice integrity, elder abuse, environmental, and consumer fraud.”

    Like

  • Piece Uh De Rock Yeah Right

    @ The Luminary Mr Jeff Cumberbatch

    De granson had composed an article related to the subject matter which you posted on your last blog here.

    It will air in due course but it expanded on a question that i had left dangling on that post with a hope that you might return to said question.

    Notwithstanding one is led to wonder the following mindful of the calumny that has fallen on the Commissioner of Police regarding the Donville matter and their being no complaint matter.

    This subject for which the grandson submitted a pic of the Little Known Charles John speaks to a person whom some believe to be a spy against the people of Barbados.

    De ole man was just wondering if DURING YOUR TENURE AT THE FIU? whether you have had reason to interface with the RBPF and if in that time you were able to remark on their technical expertise as it relates to investigations and interdictions for remote monitoring of computers by party/parties unknown.

    Even if such level of expertise was not needed nor experienced during your time there, would you gently hint as to if they are “sedulously pursuing tangential competencies” as it relates to ICT investigations, that go beyond rather dispel the much broadcast reputation of Raid and Black Flag lead confessions?

    I know that you wont answer that question because of the officer and gentleman that you are but I was just wondering aloud what local capacity exists to investigate what Enuff of Lorenzo will call unsubstantiated confabulation

    Ooops I am getting ahead of myself cause the article has yet to be published before you can comment yes?

    Like

  • The officer then informed Busby – after consulting with an assistant commissioner, who is an attorney as well as a sitting magistrate – (Quote)

    A serving police officer? This is a failed state.

    Like

  • Caswell Franklyn

    Hal

    Lawlessness abounds in this country. What do you expect when a government agency (National Housing Corporation) moves in and change the locks on rental units for non-payment of rents, rather than comply with the law and obtain a court order before taking action. This is a situation where members of the public follow the example of lawless government officials.

    Sent from my iPad

    Like

  • @Senator

    Is there any light you can shed on the lady and her mother posting videos to Facebook accusing Payne and Marshall of some unscrupulous action?

    Like

  • Caswell Franklyn

    David

    I know more than most about the situation which led to these two people defaming Marshall and Payne on Facebook.

    This matter arose out of the sale of land of the late Ermine Atwell. She was the widow of Melvin Atwell, attorney-at-law. The two people making the allegations about Marshall and Payne are Ermine’s sister and niece.

    Ermine was a recluse who lived alone with her dog, Zena. For a number of years Ermine would call me every Sunday, unless I was out of the island or there was a problem with Cable and Wireless. We would talk about every conceivable topic, one of which was her sister’s and Niece’s efforts to get their hands on Ermine’s land.

    According to Ermine’s version, the sister Ieft Barbados in the sixties and did not look back, not even to attend their father’s funeral in 1975. Then out of a clear blue sky the sister returned to Barbados, and only made contact with Ermine by way of a lawsuit to get portion of Ermine’s land that formerly belonged to their father. The sister lost the case.

    Ermine was willing to help her sister if she had asked but was hurt and angry that the sister took her to court. As a result, she vowed to me that the sister would get nothing from her and as far as I know, Ermine was taking steps to make sure that the sister would get nothing.

    Ermine died suddenly and I don’t know how far she had gotten in disposing her property. I know that Ermine believed in George Payne and Rawle Eastmond but had chosen George to deal with her legal matters.

    I did not comment before for two reasons: I was not asked; and Marshall and Payne should be able to take care of themselves.

    Sent from my iPad

    Like

  • Thanks Caswell, see the blogmastwer’s comment on another blog replying to a ‘low’ remark by one T. Inniss.

    https://barbadosunderground.net/2018/08/14/charles-jong-the-big-brother-who-is-spying-on-bajans/comment-page-2/#comment-1067087

    Like

  • David

    You obviously had that info that Caswell gave all the time – hence you request for his input.

    My only comment is that you should have put this out the same way you did today – and shed some day light on this matter.

    The only remaining question is – did Ermine give the land to George payne?

    I for a very long time – tended to regard Caswell as Someone who – he gine cuss yuh if he has to cuss yuh – but generally -will try wherever possible to avoid untruths.

    What yuh see is what yuh get with Caswell and I can respect that.So I take his version of events in this matter.

    Thanks BU.

    Caswell couldn’t answer the question of if Ermine gave the land to George or if it was properly disposed of – and that is the only thing remaining.

    However I can see where rightfully the old lady in the UK would expect to be the next of kin – and next in line to inherit her father’s portion.

    Like

  • Caswell Franklyn

    T. Inniss

    I don’t think that I would be breaching Ermine’s confidence to disclose what she intended. Ermine’s original will gave everything to the sister but after the lawsuit, she decided to will everything to the RSPCA, where she worked before going to England to study to become a nurse. I don’t know if she had ever completed that will.

    Sent from my iPad

    Like

  • Caswell

    THANK YOU ! ! ! Very Interesting indeed !

    Like

  • Jeff,

    You should have looked at the US federal law …. 😦

    https://www.law.cornell.edu/uscode/text/18/1956

    There is no need to check any outdated Barbadian laws to screw up Inniss in the US.

    Like

  • Piece Uh De Rock Yeah Right

    @ Tron

    Ammmmm let me see if i can say this nicely.

    Americans, specifically Americans who are white, and a number of non Americans ARE BEING LOCKED UP FOR THESE $$ offences.

    Pornville Inniss IS A BLACK MAN who is in court with 2 or more black men on a charge of money laundering.

    UNLESS DONVILLE GIVES UP THE IDENTITIES OF AT LEAST 5 other big wig fellows he is going to get locked up!

    It is pure and simple.

    If he is released without a sentence IT WILL BE BECAUSE HE WOULD HAVE SNITCHED ON SOME OTHER PEOPLE and anyone who has sent money to the United States or to any country with which the United States has active extradition procedures WOULD BE WELL ADVISED NOT TO TRAVEL TO THOSE JURISDICTIONS FOR A WHILE.

    Like

  • Correct.

    Five black men in jail instead of one makes lots of sense, provided the AG is called Jeff Sessions.

    Somebody wondered why Big Sinck disappeared … I have not seen the Sinck for a while.

    Like

  • The US attorneys handle the operation like a zip. Donny is the tool to “unzip” the system.

    However, Piece, I hope you are aware that Donny cannot return to Bim if he shames some local “big wig fellows”. His dark private Mercedes E class has no bullet protection and his home no bulletproof windows and doors.

    However, Florida is also a nice place to retire.

    Like

  • Piece Uh De Rock Yeah Right

    @ Tron,

    If you commit a crime in the US generally you get deported after the sentence.

    So if he does not return IT WILL MEAN THAT HE HAS BEEN INDUCTED IN A WITNESS PROTECTION PROGRAMME

    Like

  • We all know what happens to singing birds in the tropics. Better in a subtropical cage in Florida than birdy-bones in some tropical cave in Bim´s jungle or ending as minced meat in the local supermarket …

    Like

  • The other ex-minister started the mess with his undeclared money. I guess the local war… eh … law-lords and the syndicate plus the real Barbadian underground know WHO triggered the US law enforcement and turned their eyes to Bim.

    So if the thing blows up …they should know where the said minister´s house lives. It was nobody from BU or any gov insider but the stupid minister with his undeclared money. I just want that to document here on BU so the little soldiers from Black Rock do not mix up anybody.

    Like

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