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ICBL Receives Declination with Disgorgement

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…

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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.

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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. WARU Avatar
    WARU

    Greene..I did..I saw…does not matter..

    PEERS = pedophiles

    House of Lords = pedophiles, drugs or both.

    which part of they get away, even after centuries, with all manner of crimes don’t you understand..

  2. James Greene Avatar
    James Greene

    HAHAHA. Ore mi, you all over the place. lets go back. do you still think the statement that, a prosecution cant be instituted without the consent of or by the DPP, means that the DPP has investigative powers in Bim?

  3. Hal Austin Avatar
    Hal Austin

    James Greene,

    You are right in regard to the UK. The DPP’s office does not have investigatory powers. What is interesting is that it appears as if the attorney general of Barbados was not represented in the US court when Mr Inniss appeared. More important is that this government came to power claiming that there was evidence of apparent fraudulent activity on the part of the DLP government.
    .Some of you may remember press conferences organised by the Chinese Mr Jong with the prime minister and attorney general waving bits of paper about and Ms Mottley telling the world and anyone who would listen that she needed sleep.
    More than 100 days later there have been no arrests (apart from Mr Inniss in the US), no further forensic evidence or self-incriminating admissions of those who wanted to come to Jesus.
    Our dynamic financial regulators have not even put out a statement following the allegations against ICBL, no inquiry, no arrest of ICBL officials, no questioning of them under caution, nothing.
    Further proof, if it were needed that Barbados is a failed state. By failed state does not mean a complete breakdown of institutions, but that the key institutions do not work effectively.
    What is the prime minister going to do about the two senior ministers involved in the land scandal? At the same time she could have a look at the ambassador who thinks it is his right of free speech to go out campaigning about another country’s political affairs. Has he been spoken to by the prime minister, the foreign minister or his permanent secretary.

  4. James Greene Avatar
    James Greene

    thank you Hal.

    now those are different arguments than the run of mill crap posted here.

    the AG went on TV and said he could be considered the complainant in the matter. has he provided a statement and accompanying document to the police? has he authorised someone from the affected govt office to so do?

  5. Hal Austin Avatar
    Hal Austin

    James Greene,

    The first thing to realise is that many Bajans at home think to oppose what they are doi9ng is to put the country down, when in fact you are suggesting ways of improving processes and procedures. It is a defence mechanism and the more you put your point, the more an louder they will shout.
    Then there are the maniacs hiding behind nom de plumes, coming out of the US, or Canada, or the UK, copying and pasting nonsense from other websites, not fully understanding what they are posting, but are prepared to indulge in abuse.
    They are experts at everything and in reality know nothing. I have seen on this blog some idiot claiming that logic is not part of core philosophy, that the so-called referendum on Brexit would tie the hands of the UK parliament, and numerous such idiotic claims. @James Greene, just ignore them. Many say things to get a laugh. The only reading they do apart from BU is to read the Nation, Barbados Today and the Advocate.

  6. WARU Avatar
    WARU

    Wait a minute..Greene..is the police not a law and order regimental organization..if it is a complaint in writing preventing the Commissioner from upholding LAW AND ORDER..that stipulation should be removed and the police should be asking for it’s removal to untie their hands…

    …..that is why I said a real investigative unit..independent of the police should be in the DPPs office..look now Griffith cannot move if one of the ministers or the AG or Mia don’t move first and if they never move…the Commissioner cannot move ever..is that making sense to you..do you see now why the minorities get away with all manner of criminality on the island..steupppsss.

  7. WARU Avatar
    WARU

    Am sure they are all happy to play that game, especially the criminals who know that unless a government official puts a complaint in writing..of course they can’t because of the corruption factor..the police can’t do a damn thing..

  8. John Avatar
    John

    All like now the deliberations of the “Committee on Integrity in Public Life” must be goin on!!

    Dale and Caswell must be doing dixie … at least the “conscience of the BLP” Reverend Joe will be keeping order!!

    If this wasn’t such serious stuff you could only laugh!!

  9. James Greene Avatar
    James Greene

    ore mi,

    please mate, i have little desire in rehashing this matter. i hope the AG or a designate has provided all the documents to the police about the govt contracts signed with ICBL. lets hope the investigation has started. lets hope the AG and the CoP have it under control.

  10. WARU Avatar
    WARU

    You can hold your breath, I won’t hold mine, I don’t think you understand the dynamics involved or the expected failures to get anything done…just watch.

  11. David Avatar
    David

    @Walter

    Your comment is on point, best described as a bellysearcher. Some commenting here should take a pause by reading your comment and leave the egotistical nonsense at the door.

  12. David Avatar
    David

    @Walter

    You took note of the headline in the Nation newspaper?

    #ICBLCleared!

  13. WARU Avatar
    WARU

    Greene..I said over and over there should be investigators in the DPPs office, it’s bad enough there is no functioning judiciary…NONFUNCTIONAL….it’s doubly outrageous that there is obviously NO FUNCTIONING investigative units in the police force independent of government ministers that can take their findings to the Commissioner of police and trigger an investigation…as things stand they cannot move, none of them, neither DPP nor Commissioner of Police because their hands are tied by government ministers…what is so hard about that to understand..

    But the biggest joke in all of this…the DPP is independent of the AGs Office and is answerable to no one and can only be removed by the GG upon recommendation. of the PM….UNLESS OF COURSE THEY CROAK ….but according to you…the office is not allowed to do any investigations….so what makes the DPPs office independent if it is NONFUNCTIONAL

    From what I saw in the constitution…you have the Chief Justice as chairman of the Judicial Services Commission…NONFUNCTIONAL

    You have a Police Services Commission……NONFUNCTIONAL

    None of this is hard to understand..if yall had bothered to read the Constitution thoroughly..

  14. WARU Avatar
    WARU

    And of course yall think that all of that is written in stone and cannot change because there have been no changes to anything on the island in 52 years except for the escalation of greed and corruption the only progress made that caused the island to regress….over 5 decades..and barely 15 amendments to the Constitution in 52 years…yall really need a life though.

  15. Tron Avatar
    Tron

    “And the consent of the DPP will be required anyway.”

    That shows that Bim is still a big plantation under control of certain plantocrats aka banana republic.

    As said before, the DPP is simply a puppet in the hands of a white shadow. She will NEVER EVER consent or complain.

    Nothing has changed on the plantation since 200 years.

  16. WARU Avatar
    WARU

    Tron..these are trying to make me believe I am crazy..when I know and can see very clearly that something is very, very wrong with that type of arrangement, it is not of this world, it is not designed for a modern world, not this world that we live in….

  17. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    @ Walter Blackman

    10 good points.

  18. Simple Simon Avatar
    Simple Simon

    @Harry Cassin “…gave ICBL credit for its timely and voluntary self-disclosure, thorough investigation, and remediation through firing of the individuals involved, among other factors.”

    Glad to read that my insurance company has come clean.

    Dear ICBL: I expect no more hanky panky from you. Do NOT, repeat do NOT play dirty with my premium money again. And by the way since you had to pay “the DOJ about $93,900 in disgorged profits.” Did that $93,000 come form money that would otherwise have reduced the cost of my premium payments?

    I paid you $229.01 BDS just on Saturday. Do not ever again mususe my money. We old ladies do not like it when you phuck around with my money.

  19. Walter Blackman Avatar
    Walter Blackman

    David August 27, 2018 2:03 PM

    “@Walter

    You took note of the headline in the Nation newspaper?

    #ICBLCleared!”

    David,
    The headline in the Nation said ICBL ‘cleared’. The nuance related to the word cleared was intended.
    So let us recap.
    The money laundering transaction is alleged to have resulted in US$36k being poured into an American account. If proven to be true, Uncle Sam will say “the money in that laundered account is mine” and hold on to the money.
    The insurance company, which provided the alleged laundered US funds of 36k, has now appeared as a tiny blip on the US radar.
    “What shall I do with you?” Uncle Sam, the shrewd capitalist asks.
    “I have already taken away the $36k you provided, Is there some more money that I can squeeze out of you? Did I hear someone say that you made over US90k in profits from the bribery transaction in Barbados? Well, give that to me and consider the matter closed!”

    For committing a bribery offence on Barbadian soil, an insurance company is only too ready and willing to cough up 100% of the bribery profits to a “foreign” Government.

    How much should it be forced to cough up to the Barbadian Government?

  20. Simple Simon Avatar
    Simple Simon

    @Hants August 27, 2018 8:07 AM “Seems like everybody got immunity except Donville.”

    Maybe Donville got hubris?

  21. kumclean Avatar
    kumclean

    Donville Inniss as Minister of the Offshore holds a lot of secrets and will he squeel?

    The Mottleys Offshore

    https://offshoreleaks.icij.org/nodes/100338373

    https://offshoreleaks.icij.org/nodes/100330138

    https://offshoreleaks.icij.org/nodes/100335980

  22. WARU Avatar
    WARU

    Let’s see how that will work for him at Club Cupcake..lol

  23. Simple Simon Avatar
    Simple Simon

    @John August 27, 2018 10:57 AM “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!!”

    I didn’t hear about this one.

    Tell us more nuh!

  24. Hal Austin Avatar
    Hal Austin

    Whatever the extent of the alleged bribery and money laundering, the bigger issue is the long reach of US law. Why is this not discussed? What are the Bermudan and Canadian governments doing about this alleged offence.
    There is still a lot we have not been told, and our press is so lacking in basic skills that readers will never know the details of the Inniss case. We will have to satisfy ourselves with rumour and gossip. That is one reason why the Barbados government should have had a representative sitting in the court during the committal. It is also one reason why the insurance supervisor should have launched an immediate inquiry.
    Barbados is a failed state.

  25. WARU Avatar
    WARU

    He is on camera dressed in disguise slashing the painting, but he was recognize before he could bolt through the door of the gallery..lol

    …not sure that is why the father was on the radar though, him and Inniss seem to be tangled up in Malta since 2005, around the time they were introduced, but what do know.

  26. Simple Simon Avatar
    Simple Simon

    @Hants August 27, 2018 12:28 PM “Donville can ” tell all ” or go to jail for a few years. His choice.”

    I told you months ago that when Donville come to my church, in his constituency he is surrounded by a bunch of tough looking guys, as though he is afraid of being beaten to death by a bunch of old ladies with their pocket books, and you asked me what I meant by tough looking.

    My heart is here PRAYING that Donville is WISE enough to make a deal, and save Uncle Sam the money, time and trouble of trying him.

    But my head? My head is not hopeful.

  27. WARU Avatar
    WARU

    Suppose the other dude already copped a plea, there will be nothing left for Donvillle…unless he got info they really need.

  28. David Avatar
    David

    @Walter

    The press conference of AG Marshall does not promise much hope that there will be any punitive action taken against the local insurance entity.

  29. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    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.

    Yes, Walter, they ought to…but they won’t!

  30. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    *@ 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 ?

    @ Hants, Such a contract is illegal and thus void ab initio. The parties may negotiate a new legal one if they wish to .

  31. Tron Avatar
    Tron

    @ WARU August 27, 2018 2:34 PM

    They called you insane for predicting that the noble men of law in the States have very long arms to reach everybody in the South. They laughed a lot on BU and felt secure.

    Now nobody is laughing anymore. I started to tease a neighbour that some black fellow with a black suit and a black tie and a badge saying “USMS” is walking around the compound …

    The States are no banana republic. Not yet. Sessions released his killer dog Muller on DT. And look what he already did. Two for the jail, more to nail. Sessions bites whites and blacks alike.

    Donny must sing the right song in New York. Otherwise he will wear an iron ball and a pin-striped or yellow suit in a fed jail.

  32. Simple Simon Avatar
    Simple Simon

    @What goats what August 27, 2018 4:15 PM “David of BU, I have seen you have deleted my post.”

    Wha’ happen negroman/what goats what? Ya vex becausin the Americans/the white people arrest ya buddy Donville? Ya trying to distract the discussion? Ya hoping that we the people who pay our honestly earned money to ICBL won’t notice that our money was being misused?

  33. James Greene Avatar
    James Greene

    Sessions released Mueller on Trump? lol. didnt know this -wow

  34. Simple Simon Avatar
    Simple Simon

    @Tron August 27, 2018 4:35 PM “…a pin-striped or suit in a fed jail.”

    And since he is a kinda tubby fella, with a bot of a pot belly those horizontally striped black and white suits won’t look good on him at all.

    If that was me I would sing a whole opera.

  35. Anne Avatar
    Anne

    Can someone explain to me if Donville broke the law bytaking and laundering the proceeds and he is being charged. What will ICBL charged with. Is the insurance guility of a crime under Barbados law.
    It is going to be interesting what will transpire with this Integrity Legislation. The mind really boggles.

  36. WARU Avatar
    WARU

    “Donny must sing the right song in New York. Otherwise he will wear an iron ball and a pin-striped or yellow suit in a fed jail”

    lol

  37. Simple Simon Avatar
    Simple Simon

    I am here listening to the hairy fatso talking about “local environment difficult especially for the more vulnerable..[and] strong commitment to youth”

    As a parent who has sometimes had difficulty putting my children back into school, even while paying very high insurance premiums to ICBL I am wondering at the hypocrisy of an insurance company which was very likely overcharging those same “vulnerable people” the very people who had a genuine commitment to their children, grandchildren and godchildren.

    Glad that she has taken her fat botsie back to the cold white north. I hope that she cannot sleep at night.

    I hope that the Barbados authorities charge somebody.

  38. WARU Avatar
    WARU

    Him and Donville may be lucky Enuff to share a cell..lol

  39. Tron Avatar
    Tron

    James,

    You know that I summarised the whole legal opera without going into minor details … Or do you really think Old Sessions does not back Muller 100% and that it was not him who had the great idea to install Muller?

    Or don´t you know that the current gov is up to date on the Inniss case and exchanges information about the Inniss case from the very beginning on? What we see on BU concerning the present AG is nothing else than a counter-attack and a revenge of DLP Britain to destabilize the AG Chambers for its full cooperation with US law enforcement so far.

  40. WARU Avatar
    WARU

    Simple..if it’s Canada, she can get charged in Canada for bribing a government official in Barbados..

  41. James Greene Avatar
    James Greene

    Tron,

    you dont know know what the heck you are talking about. please stop posting nonsense. how did Sessions appoint Mueller and why would he?

  42. Tron Avatar
    Tron

    And also: The present AG is right not to sue the two youtubers for defamation either here or in Britain. Semper aliquid haeret. It is best practice in most defamation to sit the storm out.

    The two youtubers shall sue their own lawyer for bare incompetence.

  43. 45govt Avatar
    45govt

    What junior etc – you are a sad loser, but then you know that you RH. Have you lost the rock you crawled out from under?

  44. Simple Simon Avatar
    Simple Simon

    @Tron August 27, 2018 4:53 PM “What we see on BU concerning the present AG is nothing else than a counter-attack and a revenge of DLP Britain to destabilize the AG Chambers for its full cooperation with US law enforcement so far.”

    The counter attackers as yu call them are from long time BLP families.

    You newbie you.

    If only you knew what I knew.

  45. John Avatar
    John

    Simple Simon
    August 27, 2018 3:33 PM

    @John August 27, 2018 10:57 AM “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!!”
    I didn’t hear about this one.
    Tell us more nuh!

    +++++++++++++++++++++++++++

    Donville and Harold “Doc” Morley the dentist/dental surgeon both appear in the Malta company.

    May just be coincidence that the company who did the alleged money laundering engages in the supply of things dental.

  46. John Avatar
    John

    To some folks there is no such a thing as a coincidence!!!

  47. WARU Avatar
    WARU

    “It is going to be interesting what will transpire with this Integrity Legislation. The mind really boggles.”

    Don’t hold your breath, first they gotta agree on everything because presently Judges are not included in the integrity draft unless the Constitution is tweaked, only new Judges will be subjected to the conditions of the Act, if they can ever understand that the legislation will have to be enforced and not only set there as a show piece to impress bigger countries while it is never used to lock up anyone, that is why Alleyne is telling them, the legislation has to have teeth to make violators/offenders who engage in corruption, conflicts of interest etc must pay big fines and/or do prison time…we all know these ain’t ready yet, so let’s see..

    Judges are integral in eliminating the corruption and pure rot that is now the Supreme Court, unless those current judges fall under the new integrity legislation act, the Supreme Court will remain NONFUNCTIONAL.

  48. WARU Avatar
    WARU

    What coincidence what..murdahhh

  49. Simple Simon Avatar
    Simple Simon

    @Tron August 27, 2018 4:53 PM “What we see on BU concerning the present AG is nothing else than a counter-attack and a revenge of DLP Britain to destabilize the AG Chambers for its full cooperation with US law enforcement so far.”

    There is a saying in the local community that “the Embassy has files on he” or on “she”

    Or dossiers as they are called in official spy language.

    No doubt the Embassy is compiling dossiers on the current administration–and it may well be that the members of the current administration are all as clean as the driven snow–but if not the “Embassy” will patiently wait until the person is no longer a Cabinet Minister/Parliamentarian/high ranking official, and then makes their moves.

    The political class rarely remains in place for longer than 5 to 25 years.

    Twenty five years is really not a long time to wait.

    The U.S. government owes allegiance to the U.S. government it does not owe allegiance to either the BLP or the DLP, and anyone who believes otherwise is a fool.

  50. Tron Avatar
    Tron

    No mere coincidence. A planned and coordinated attack to decapitate the AG Chambers in the most critial phase of this island and also to create a smoke screen to detract from the New York case.

    First Donny. Then the COB challenging natural justice. Then the AG correcting him. Then a very silent DPP. Then the former AG “assisting” an alleged criminal. And now the youtubers. There is more in the pipeline … I smell a rat.

    I do not trust anybody when they talk about political affiliation. Everything is possibly like a false flag operation. Everybody can be turned around or can be a double agent.

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