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ICBL Receives Declination with Disgorgement

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Credit to The FCPA Blog

Barbados insurance company receives declination with disgorgement

By Harry Cassin | Monday, August 27, 2018 at 7:08AM

The Insurance Corporation of Barbados Limited (ICBL) received a declination with disgorgement from the DOJ Thursday for FCPA offenses related to bribing a Barbadian official.

Under the terms of the declination pursuant to the DOJ’s Corporate Enforcement Policy, ICBL paid the DOJ about $93,900 in disgorged profits.

The DOJ said agents and employees of the Barbados-headquartered company paid around $36,000 to a Barbadian government official, Donville Inniss, in exchange for $686,000 worth of insurance contracts.

Inness was a member of the parliament of Barbados and the Minister of Industry, International Business, Commence, and Small Business Development at the time.

The DOJ said Inness laundered the money in the United States through a New York-based dental company owned by his friend.

The DOJ gave ICBL credit for its timely and voluntary self-disclosure, thorough investigation, and remediation through firing of the individuals involved, among other factors.

ICBL is the first declination with disgorgement under the FCPA Corporate Enforcement Policy (pdf) that went into effect in November 2017.

The new policy made the FCPA Pilot Program permanent and incorporated it, with some changes, into the U.S. Attorneys’ Manual.

____

Harry Cassin, pictured above, is the managing editor of the FCPA Blog.

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153 responses to “ICBL Receives Declination with Disgorgement”

  1. David Avatar
    David

  2. WARU Avatar
    WARU

    They obviously cooperated fully with DOJ..in that case, they deserve credit.

  3. Hants Avatar
    Hants

    Problem solved for the Government of Barbados.

    They can continue to do business with ICBL.

    Seems like everybody got immunity except Donville.

  4. Hants Avatar
    Hants

    I tend to be cynical about these kind of things and I am not sold on the packaging of this “declination with disgorgement”.

  5. David Avatar
    David

    @Hants

    Does it mean what you stated?

  6. Hants Avatar
    Hants

    @ David,

    I dun talkin. lol

  7. WARU Avatar
    WARU

    Lol…it’s simple really, apparently everyone knew about this except the corrupt ministers and their bribers, we warned them 2 or 3 years ago, they know they are not supposed to use the US to launder their money, but did they listen…nah…too arrogant and uppity.

  8. WARU Avatar
    WARU

    Credit

    “Credit for Voluntary Self-Disclosure, Full Cooperation, and Timely and Appropriate Remediation in FCPA Matters.”

  9. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    Note that an offence was still committed locally by ICBL under the Prevention of Corruption Act 1929-

    Any person who, by himself or by or in conjunction with any other person, corruptly gives, promises or offers any gift, loan, fee, reward or advantage whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for or otherwise on account of any member, officer or servant of the Crown or of any public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the Crown or such public body is concerned, shall be guilty of a misdemeanor.

    Although the time for a summary prosecution is swiftly disappearing-

    Proceedings instituted with a view to obtaining a summary conviction for an offence under this Act may be commenced at any time before the expiration of six months after the first discovery of the offence by the prosecutor.

    And the consent of the DPP will be required anyway-

    A prosecution for an offence under this Act shall not be instituted
    except by or with the consent of the Director of Public Prosecutions.

  10. John Avatar
    John

    I guess the Committee on “Integrity in Public Life” will decide later today if to recommend prosecution of ICBL …. and Donville perhaps!!

  11. Sargeant Avatar
    Sargeant

    Based on the letter as far as the DOJ is concerned Donville’s goose is cooked, as for the other officials at ICBL based on the last paragraph of the letter they can’t be resting comfortably at night and should avoid travelling to any US jurisdiction.

  12. sirfuzzy (i was a sheep some years ago; not a sheep anymore) Avatar
    sirfuzzy (i was a sheep some years ago; not a sheep anymore)

    Donville may have a tune or song to sing; therefore the local authorises needs to listen or shut him up. Or pretend that the punishment given to him in the US is enuff for him (dont want to to punish a man twice etc)

    Lil will probably be done about the local links in these matters.

    Just thinking aloud

  13. sirfuzzy (i was a sheep some years ago; not a sheep anymore) Avatar
    sirfuzzy (i was a sheep some years ago; not a sheep anymore)

    Sargeant August 27, 2018 9:46 AM

    Thus will we we an increase of internet(miami) shopping, You gotta love new tech Lol. For every nail there is a new hammer?

  14. NorthernObserver Avatar
    NorthernObserver

    So a company doing business in Barbados, improperly gains business from a Barbadian government entity by paying monies to a key influencer, and the profits from this business deal end up with the USA government? Memories of la Mano Nera.

  15. Hants Avatar
    Hants

    @ Jeff Cumberbatch,

    What happens when a contract with government is obtained by criminal means ?

    Should government terminate the contract and replace it with a “clean” one ?

  16. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    So a company doing business in Barbados, improperly gains business from a Barbadian government entity by paying monies to a key influencer, and the profits from this business deal end up with the USA government?

    There’s a thing, huh?

  17. WARU Avatar
    WARU

    “And the consent of the DPP will be required anyway-

    A prosecution for an offence under this Act shall not be instituted
    except by or with the consent of the Director of Public Prosecutions.”

    There goes the Commissioner of Police excuse that there is no complaint and Greene’s excuse that the DPP can’t investigate and act.

  18. WARU Avatar
    WARU

    Hate them or love them..ya gotta love the US..they will find a way..lol

  19. Hants Avatar
    Hants

    Those who pay bribes and those who receive bribes are equally guilty.

  20. WARU Avatar
    WARU

    What it does tell us though, is that ICBL is not the one snitched on Inniss to FBI..no way were they going to do that to themselves then have to pay a 93,000 dollar fine out of their profits…someone in the know set up Donville and that someone should know that it ain’t done there cause many know who did it.

  21. John Avatar
    John

    You got it!!!

    ICBL did not start the ball rolling!!!

    My guess is it is the dental company that laundered the money.

    Maybe a disgruntled employee or ex employee spilled the beans or maybe the account was being monitored and suspicious activity detected.

    Remember, Donvile has a dentist buddy who would have already been on the radar for authorities as his son is alleged to have travelled to the US and slashed a valuable painting!!

    Might be just good policing!!

    So, the questions still remains … what will the GOB/(Integrity in Public Life Committee) do about it?

  22. John Avatar
    John

    https://offshoreleaks.icij.org/nodes/55029948

  23. John Avatar
    John

    Check

    https://offshoreleaks.icij.org/nodes/55029948

  24. David Avatar
    David

    Did Tony Best not say on the talk show last week that the relationship between Donville and his dentist friend has gone south?

  25. John Avatar
    John

    … and also

    http://www.dailymail.co.uk/news/article-5685211/Vandal-slashed-3-million-artwork-Aspen-gallery-revealed-painting-owners-SON.html

    “Artwork belonged to Harold Morley, 74, of Barbados, through a trust called Fallowfield Ltd”

  26. WARU Avatar
    WARU

    I remember that story months ago, the nitwit flew all the way from UK to US, hired a vehicle, drove all the way to Colorado I believe to slash his father’s painting…steupps, public nuisances.

    Apparently it is a well known doctor introduced this dentist to Dumbville…that is as much I know about that mess, but it will certainly all come out in the wash..lol

  27. James Greene Avatar
    James Greene

    ore mi,

    i was going to call you an asshole but i changed my mind.

    what in the piece, “A prosecution for an offence under this Act shall not be instituted
    except by or with the consent of the Director of Public Prosecutions”, would make you think that the DPP has investigative powers?

    as constituted the DPP is charged with prosecuting matters not investigating them as in going out, talking to witnesses, recording statements and arresting suspects. that is a matter for the police, customs, immigration or whomever is given such powers in Bim. The DPP receives files for prosecution from such bodies and decides whether a charge can be brought or whether further evidence is needed. such evidence is then collected by the named bodies and resubmitted.

    offences in Bim come under 3 categories- summary-not so serious, misdemeanours- half way serious, and indictable- very serious. there is something called a statute of limitation that accompanies each of these categories. for summary offences it is short meaning that charges for this type of offence have to be brought within a certain short time frame, for misdemeanours it is longer and for indictable offences like murder it could be any time.

    in addition, in Bim, the responsibility for laying charges in Court generally rests with the Police, BUT for certain offences, which the law deems complicated or serious, a charge (which is the staring point for a prosecution) cannot be laid without the consent of or by the DPP.

    DO YOU UNDERSTAND THAT, ORE MI?

  28. WARU Avatar
    WARU

    Wait..they are business partners? I knew I saw the Malta connection sometime back, but I did not realize Dumbville and Morley are so tight, there better not be any racket stretching to the US or their dog dead..

  29. WARU Avatar
    WARU

    Greene..as usual..ya talking crap, at the end of the day….that halfassed DPPs office yall got, never follow their own rules….it needs a complete overhaul

    .. your last DPP was so corrupt people did not want to be seen with him….. and they must be the only DPPs office in the world that do not have at least one investigator..

  30. James Greene Avatar
    James Greene

    the UK crown prosecution has none, they rely on the police and customs, etc. none of the english speaking Caribbean has either to my knowledge. you are thinking of the US and getting youself confused

  31. NorthernObserver Avatar
    NorthernObserver

    “What it does tell us though….”
    Us or me?
    For I suspect one or more of the dismissed employees have an action against their former employer such that details to this deal may become public. In pre-emptive style, the company is ‘looking good’. The offending deal is too small, the fish too small, to even get on the radar of authorities. (Unless the dentist is a bigger fish) Companies do not disclose such matters unless ‘they have to’, and to yield ‘profits’ (read they have costs covered already) is baby stuff. DI is collateral damage.

  32. WARU Avatar
    WARU

    NO..no employee who knows they bribed a sitting government minister and got fired for it wants anything to do with the FBI..no matter how aggrieved they are with the employer..lol

    However..i do suspect there is much more going on that we are yet to hear..or..they could be setting an example and sending a message.

    Greene..the UK have real investigators, in their police force, big countries also keep small units of investigators who carry out investigations that a structured force may not be able to, you have to be flexible, no wonder the real criminals on the island ALWAYS get away..

    As much as I like the Commissioner, he obviously does not recognize a complaint in front of him, so just watch the police investigating, they are so good according to you that the current DPP arrested a mother in the accidental death of her son and the criminal culprit who built the deadly illegal protrusion that caused the accident AND death, it never even occurred to the DPP…or the investigating police..that his part in it should also be investigated or that he should also be arrested…

    The DPPs office needs real investigators to compliment police investigations…yall so anal, ya can never see anything progressive..

  33. Sargeant Avatar
    Sargeant

    @David
    Relationship? What relationship? What did you expect? How is the relationship between Trump and Cohen? When the DOJ has you by the balls you are going to squeal and your only instinct is survival.

    They made him an offer he couldn’t refuse……

  34. David Avatar
    David

    @Sargeant

    The comment was tongue in cheek like yours? Where this relationship intersects is probably where the action can be found.

  35. Walter M Blackman Avatar
    Walter M Blackman

    Jeff Cumberbatch August 27, 2018 9:33 AM

    “Note that an offence was still committed locally by ICBL under the Prevention of Corruption Act 1929-”

    Jeff,
    Given the argument laid out by the US authorities, by now every thinking and breathing Barbadian ought to have at least suspected that our laws have been broken. Every single Barbadian now ought to demand that justice be meted out to those who betrayed the public’s trust and who used their positions to enrich themselves, their families, and their friends. They also ought to demand that private sector officials who commited bribery in collusion with government officials be punished.

    The man in the street must be thinking along the following lines: The Prime Minister, the Attorney General, the Commissioner of Police, and the Director of Public Prosecutions are all Barbadians of impeccable character, above average thinking ability, and unquestionable integrity. With all of the available evidence that is potentially available (compliments of the US authorities),and with the limited 6-month window to start prosecution, why do these government officials, in vintage CLICO style, appear to suddenly suffer from verbal cramp and physical paralysis? “Not a man move,” some invisible force or power seems to be ordering.

    When we look at this disturbing revelation through the eyes of the ICBL, we begin to peep into another dimension of the same scandal.

    Using basic human psychology, if we have a set of people at ICBL “playing ball” with politicians in order to illegally secure insurance business, and the “racket” has been revealed with respect to one government agency, being the “malicious” Bajans that we have become infamous for worldwide, should we not be wondering if the internal forensic investigations within ICBL uncovered other government agencies and ministers involved in a similar practice of “purchasing” insurance?

    Could it be just possible that we have ministers involved in this same racket who opted to be paid in Barbadian dollars?

    And if we (the men in the street) keep thinking, could it be possible that we would begin to see the bifurcated approach that will have to be used to bring corrupt politicians and businessmen to justice?

    Individuals who commit bribery, and launder money using foreign accounts will be pursued by foreign governments.
    Individuals who commit bribery, and launder money using local means will be pursued by the local government.

    At this point, Barbadian cynicism seems to be arguing that it is much, much safer to be in group 2.

    PS: My questions are highly rhetorical. I am just enjoying a short stint of uninterrupted musing.

  36. Hants Avatar
    Hants

    Donville can ” tell all ” or go to jail for a few years. His choice.

  37. James Greene Avatar
    James Greene

    ore mi,

    please quit whilst you are ahead. the UK police except for resources have nothing on our police. the UK is going thru a v serious period when it comes to investigations and the retention of investigators. i dont know where you all get you info but you should really do some research

    we wont believe it but we have a v high solve rate in Bim perhaps because of size or more likely information from the public. bajan police generally speaking are professional. of course some are corrupt but there is corrupt police all over the world and dont talk about the US and police corruption or enforcement or sentencing.

    of course we can do better

  38. WARU Avatar
    WARU

    Oh they have nothing on your police, but the UK police force can investigate corrupt politicians, thieving lawyers, bribetaking government ministers and your police force CAN’T..so which is the better police force again…I think you need to quit while you ARE AHEAD..

  39. WARU Avatar
    WARU

    I don’t know which alternate world you like in but Barbados police have a reputation for brutality and human rights abuse, check out the UN info on that…..their arrests rates are tied to beating and confessions…ya really need to google ..and make it your friend.They are known known for real investigative work, no matter how you delude yourself…Canefield murders from the 60s are still unsolved along with the other possible 100 or more unsolved murders and disappearances of women, men and children over the decades, yeah, some real good investigators.

    but the UK police force can investigate corrupt politicians, thieving lawyers, bribetaking government ministers, business people who bribe government ministers and your police force CAN’T….

  40. James Greene Avatar
    James Greene

    i will, ore mi. you have worn me out with your shoite. i wish i were in Bim. i would go up Graeme Hall and experience the real thing. i believe yours and that would smell the same

  41. Mariposa Avatar
    Mariposa

    Does anyone knows if the third side kick to Herbert and Ross got bail
    These three bandits Herbert !Ross and Forde were caught hauling millions of dollars in to the island (as we all know)

  42. WARU Avatar
    WARU

    They are NOT known for real investigative work, no matter how you delude yourself.

    yall like it so..

  43. NorthernObserver Avatar
    NorthernObserver

    @WB
    To hell with former employees. What about a $100 million suit against ICBL parent for damages caused to Barbados and its reputation and off shore business?

  44. NorthernObserver Avatar
    NorthernObserver

    @ac
    FOUR attempts to change the topic….LOL

  45. James Greene Avatar
    James Greene

    before i go ask Hal Austin if the Peers’ expense scandal been investigated? lol

  46. WARU Avatar
    WARU

    Ya only wore yaself out because your arguments are weak and I have facts to back up, how come I am not worn out, you are not even on the island, so ya are likely going by what you think is going on in BIM…and that everything should remain just as you left it with no upgrades..

    The system needs an overhaul, it no longer functions…where ever you are there will be changes and you have to accept them, it is idiotic to thing that 1929 laws, rules, procedures and decayed mentalities will make for a successful island…look at the condition of it, your first thought is the shit at Graeme Hall…because that is what the island has been reduced to…but you want to pretend otherwise because you are not there to literally smell the shit.

  47. WARU Avatar
    WARU

    Who cares abut the nasty pedophile peers….it will probably go like that dude, after he croaked, the one from BBC..only then they found out how many children he raped and dug up his body to throw in some pit because everyone was so disgusted……or like one of the deceased PMs..whose legacy is child rape…that is a real nasty bunch who got away with rapes, murders…you name it they did it for centuries..

    …not the same as we are discussing, the people who get arrested on the island are not peers…they people the police CANNOT arrest or investigate..are not peers either, so what’s they excuse, have you even bothered to ask them..

  48. James Greene Avatar
    James Greene

    ore mi,

    read it again. i said the PEERS EXPENSE SCANDAL.

  49. Hants Avatar
    Hants

    @ NorthernObserver,

    The focus is on Donville.

    ICBL has sanitized its laundry. lol

  50. WARU Avatar
    WARU

    NO…that right there sounds good…but..ya do realize the government also has some type of shares in ICBL right…not controlling shares, but there is some type of investment.

    ..personally, I would be negotiating to get controlling interest in the company for all the injury to the island’s reputation..

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