The Treasury Scandal

I wonder if is Bobol?
What dey doing with Taxpayer’s Money at all!?
I wonder if is Bobol?
What dey doing with Taxpayer’s Money at all!?
—Opening stanza of ‘The Treasury Scandal’ by Atilla the Hun (1937)

I took this title from the late 1930’s kaiso by the great Atilla the Hun (Raymond Quevado) on the scandal of some $200,000 missing from T&T’s Treasury.  His outrage was rooted in the fact that the story came-out in bits and pieces and of course, none of the ‘Big-Boys’ was ever jailed, or even charged for that theft.  That was a massive amount of money in the 1930s – at that time a good Woodbrook house cost about $6,000 – so that could give you an idea. Atilla was lamenting the lack of accountability and transparency in how Public Money was being managed.  The ‘Treasury Scandal’ was a true episode from the bad-old-colonial-days of the 1930s, but of course we have progressed a great deal since then, having achieved Independence, Republican status and universal education.

dookeran-portrait
Winston Dookeran, MP

The problem is that despite the obvious movement forward, we are witness to yet another ‘Treasury Scandal’. I am referring to the CL Financial bailout, announced in January 2009 and still ongoing at an anticipated cost of $24Bn – according to paras 21 and 22 of the 3 April 2012 affidavit of then Finance Minister, Winston Dookeran.

It is vital to look back before we go forward.  In 2008 and 2009, the Indo-Trinbago Equality Council (ITEC) campaigned strongly on the issue of the Secret Scholarship Scandal’. The suspicion was that there was a secret scholarship fund operated by the State without any transparency and ITEC used its Parliamentary representatives and the Freedom of Information Act to force the Patrick Manning-led PNM administration to publish the details they had been trying to conceal.

The published details included the names of those who benefited from the funds as well as the amounts, dates of payments and details of the courses of study to be pursued.  Some of the more controversial issues to emerge from the publication of those scholarship details were –
devant-anand

  • From the names given, it seemed that less than 10% of the recipients were citizens of East Indian descent;
  • The PNM administration was never able to demonstrate how those scholarships had been advertised, or for that matter, any objective process used to choose from the applicants;
  • Unlike other Scholarship arrangements, there was no requirement for these scholarship winners to do any kind of national service;
  • A number of people who were reported to have received money, went public to say they had never even applied for, far less received, scholarships. The question arising was ‘Where did that money really go?’;

A total of $46M of Public Money was paid during the 5 year period under examination.  The President of ITEC at that time was Devant Maharaj and its leading attorney was Anand Ramlogan, both of whom now serve in the Cabinet.

I fully supported ITEC in that use of the Freedom of Information Act to force publication of important information on the use of Public Money, which is the property of every citizen.

In my view the failure and or refusal to account for the colossal and unprecedented expense of the CL Financial bailout is indicative of a ‘Quiet Coup‘ against our Republic.  I am deliberately borrowing Simon Johnson’s potent phrase, used to describe the coup of Financial Capital against the USA published in a fascinating and essential article from The Atlantic.  The fact that two successive administrations have remained bound to these arrangements and the low priority given to transparency and accountability in this matter all speak to the potency of the plotters.

“Emerging-market governments and their private-sector allies commonly form a tight-knit—and, most of the time, genteel—oligarchy, running the country rather like a profit-seeking company in which they are the controlling shareholders… As masters of their mini-universe, these people make some investments that clearly benefit the broader economy, but they also start making bigger and riskier bets. They reckon—correctly, in most cases—that their political connections will allow them to push onto the government any substantial problems that arise.”
—Simon Johnson. “The Quiet Coup” in The Atlantic. 2009.

The CL Financial group was able to use its considerable political clout and financial footprint to achieve a binding agreement that our Treasury would be used to pay its debts.  Absolutely unprecedented and all negotiated in less than three weeks, we are told.  That is the official version of this astonishing story.

Given the likely existence of a ‘Code of Silence’ in this tangled affair, I have been making use of the Freedom of Information Act in my campaign for transparency and accountability in the CL Financial bailout.

If we are ever to start to untangle this web of deceit and betrayal, we must get details of who got their money out, how much, on what terms and when.  On 8 May 2012, I applied to the Ministry of Finance via the FoIA – from which the Central Bank is exempt – to request this information –

SIDEBAR: “Cabinet approves Clico plan” courtesy Newsday

newsday-clip

Read the Newsday’s laconic report on this matter here.

  • Accounts – The audited accounts for the CLF group or whatever figures the Minister is relying on;
  • The briefing given to the Independent Senators in September 2011 before debate of the two supplementary bailout Bills;
  • Details of the creditors, especially EFPA holders, to see who got what money;
  • Whether the Minister required CLF’s Directors to comply with the Integrity in Public Life Act.

The Ministry replied on 14 August to say that the information requested is likely to be exempt and I am now challenging them in Court.

If it is right and proper to use the FoIA to force publication of the details of a Secret Scholarship Scheme of some $46M over 5 years, why is it acceptable to conceal the details of some $24Bn in Public Money? That is over 521 times more Public Money being spent in secret…yes, $24Bn is over 521 times more money than $46M.

For all we know, some of the people on the Ministry’s list of persons who have been paid could be the same ones protesting via the various Policyholders’ Groups.

To quote Cabinet Minister Devant Maharaj in October 2011, as part of the ongoing campaign on the Secret Scholarship Scandal:

Maharaj said yesterday that he rejected Williams’ claim thatthen prime minister Patrick Manning’s handwritten note on one of the applications for the matter to be handled quietly was ministry protocol, as was claimed by Yuille-Williams. “It seems as if this was the overriding motto for the disbursement of these funds,” Maharaj added. “This was a blatant attempt to hide the facts from the glare of public scrutiny.”

Russell Martineau, SC
Russell Martineau, SC

At this time the Ministry of Finance is publicising the end of the CL Financial bailout so that all the Public Money spent on this can be repaid and there are various official reports of how this is to be achieved.  At the very same moment, the said Finance Ministry has engaged a high-powered and expensive legal team, headed by Russell Martineau SC, to oppose my attempts to have the basic information published.

That is today’s Treasury Scandal.

Ministry of Finance Dance

minFaffidavitThis is the 12th July affidavit filed by the Ministry of Finance in reply to my claim under the Freedom of Information Act (FoIA) filed against them in this matter.

This is a most interesting document for several reasons –

  • Attorneys – The legal team is led by Russell Martineau SC, former AG and former President of the Law Association. Martineau was lead attorney for CL Financial’s auditors, PricewaterhouseCoopers, during the recently-concluded Colman Commission and he strongly opposed my submissions as you can see in this revealing clip. His Junior in this case is Gerald Ramdeen, who was Junior Counsel to the said Colman Commission.
  • My recent supplemental application – On 18th March, I made a further application under the FoIA for the details of the creditors of CL Financial, particularly the EFPA holders, in relation to the amounts repaid and claimed. It is interesting that the Ministry of Finance chose to treat with this in their affidavit.
  • The objection – Despite several readings of this 5-page affidavit, I am not clearly able to see just what is the Ministry’s real reason for objecting to the release of the requested info.
  • State-controlled Enterprises – The recent Appeal Court ruling in #30 of 2008 on the meaning of State-controlled Enterprises is a real threat to the public interest in relation to the governance arrangements in situations like this. The final sentence of para #14 is “In any event, CL Financial Ltd. is a private company and is not a public authority under the provisions of the Freedom of Information Act.” Well I tell you.
  • The fundamental position – At the Court hearing on 23rd May, the lead attorney for Finance, Russell Martineau SC, was emphatic in stating to Justice Ronnie Boodoosingh that there was no intention of compromising or considering the release of even some of the requested information. It is going to be a fight for every item of information.
  • Public Secret – We are now being told that the bailout process for CL Financial is nearing its end with a procedure having been agreed for the recovery of the Public Money which has been spent. Serious and justified concerns are being voiced at this time since there is no way to be sure how much money has been spent or the terms of the final settlement. I will be writing more on this shortly. We are being told that the agreed terms of the settlement are solid in protecting the public interest, yet this very Ministry, Finance, is using a highly-paid legal team to oppose the publication of fundamental information.

The burning question remains…

What is the big secret?

VIDEO: Time to Face the Facts about Caribbean Corruption – 26 May 2013

This is the interview on Caribbean Corruption for ‘Time to Face the Facts‘ which was broadcast out of Barbados-based Caribbean Media Corporation on Sunday 26th May 2013.

The audience was regional via cable and global via their Facebook page. The interviewer is Jerry George and the format was a live call-in. Video courtesy Jerry George

Part 1:


Part 2:

Part 3:

‘Time to Face the Facts’

Afra Raymond is on ‘Time to Face the Facts‘ to discuss Corruption with host Jerry George…

Time to Face the Facts Show

This is a live telecast on Sunday 26th May 2013 – today being the 50th anniversary of the establishment of Africa Liberation Day, for those of us who still remember…- from 7pm to 9pm on Cable TV as CaribVision or streaming on the internet via their FaceBook page –https://www.facebook.com/timetofacethefactsshow?fref=ts

Please spread the word and be sure to tune-in…

Silence is the Enemy of Progress!

Best Wishes

 

Afra

Application for judicial review in Afra Raymond vs Ministry of Finance and the Economy

appl-tiltThis is my filing for the Judicial Review of the continuing refusal of the Ministry of Finance to reply to my Freedom of Information request of 11 May 2012 along with my sworn affidavit.

The case is a critical challenge to the detrimental notion that $24Bn of Public Money can be spent without Accountability or Transparency.  That notion does violence to any healthy conception of the Public Interest, so I expect this contest to be a sharp one.

“Power concedes nothing without a demand…”

Frederick Douglass…Freedom Fighter and esteemed ancestor…

“Sunlight is the best disinfectant!”

Former US Supreme Court Justice Louis Brandeis…

Calcutta Settlement review

The simple, inescapable fact is that the State could have lawfully acquired the ‘Eden Gardens’ property for less than $40M.  The HDC paid $175M in November 2012 to Point Lisas Park Ltd (PLP) for that property, which is the reason I am calling this an improper use of Public Money.

Despite having available the advice of the Commissioner of State Lands, the Commissioner of Valuations and various attorneys at HDC and so on, the Cabinet approved this transaction.  This Cabinet, with two Senior Counsel at its head and several other seasoned legal advisers, appears to have been unaware of, or intentionally ignoring, the legal safeguards.

Some readers may be surprised at those assertions, so here are my reasons for making such.

The last two articles examined the steps leading to the HDC’s purchase of land at ‘Eden Gardens’ in Calcutta Settlement.  In my opinion that transaction, as well as the one which preceded it, are both highly improper and very probably unlawful.  The HDC purchase must be reversed and the responsible parties investigated/prosecuted as required by our laws.

This ‘Eden Gardens’ episode is an object lesson in what can go wrong when elementary policy is set aside for stated reasons of expediency.  Apart from the lack of any Needs Assessment, the unclear role of the Commissioner of State Lands is a source of serious concern.  That Commissioner’s role is to advise the State on the strategic implications of its land policies and transactions, so this is a straight example of a case which required a solid input from that critical State Officer.

So, what should have happened?  How would a proposal like the ‘Eden Gardens’ one have been handled if the various parts of the system were functioning properly?

When parties are in commercial negotiations, there is always a Plan ‘B’, to be adopted in case the main plan goes awry.  Each side has a different Plan ‘B’, since they have different interests.

What was Point Lisas Park’s Plan ‘B’ in case their negotiations with the State were unsuccessful?  While we can never know for sure, PLP being a private company, the fact that those lots were widely offered at $400,000 can allow us to form a view as to the benchmark they were likely using.

The State’s Plan ‘B’ is far simpler to establish, since there exists the legal power to compulsorily acquire private property for a public purpose.  That was the third unique facility enjoyed by the State as set out in the previous article.

In the case of a landowner making unreasonable demands, the State has the lawful option of compulsorily acquiring the property.

The Land Acquisition Act 1994 (LAA) establishes the right of the State to compulsorily acquire private property for a public purpose.  At S.12, the LAA specifies the rules of assessment used to arrive at the sum offered to the owners of private property interests being acquired.

S.12 (4) states –

…(4) In making an assessment under this section, the Judge is entitled to be furnished with and to consider all returns and assessments of capital value for taxation made or acquiesced in by the claimant and such other returns and assessments as he may require…

The point in this case being that, having registered a purchase at $5M in February 2010, PLP would have been unable to legally resist a compulsory purchase which adopted that price as its basis.  Even if the State, in recognition of the roughly $29M spent by PLP on building the infrastructure for ‘Eden Gardens’, were to add that sum, the final offer would only be about $34M.

Those provisions at S.12 (4) of the LAA are a critical safeguard against persons who might seek to under-declare their properties to evade taxes, then seek to make exorbitant claims if the State seeks to acquire compulsorily.  S.12 (4) prevents the State from falling victim to any such games, it is a critical safety-valve to protect our Treasury from those who seek to pay as little as possible when taxes are due, but boldly make huge claims from the Treasury when seeking to sell.

That is why I am calling for this matter to be swiftly investigated and the responsible parties prosecuted to the full extent of the law.

This was in reality a potent dilemma for PLP, in that if they were served with a proper compulsory purchase notice, they would have either had to stick with the $5M figure as a 2010 baseline, or reject that deed and incur the strong penalties at S.84 of the Conveyancing and Law of Property Act.

One of the three deeds executed on Wednesday 3 February 2010 recorded the purchase of ‘Eden Gardens’ for $5M, which is a massive understatement of consideration.  The true market value of that undeveloped property at that date would have been of the order of $50M, so the loss of Stamp Duty to the Board of Inland Revenue would have been in excess of $3.0M.  The underpayment of Stamp Duty is tantamount to a defect in title of a property.  Are we witness to the State making a massive over-payment for marginal lands with defective title?

Did the Cabinet and the HDC receive the proper advice from the Commissioner of State Lands and the Commissioner of Valuations, as well as the other legal advisers?  If yes, that advice was plainly not followed, so in that case the question would have to be ‘What caused the Cabinet and the HDC to abandon that sound advice?

If the true situation is that the proper advice was not provided, we need to know why.  If the advice was not sought, then we need to know why.  If the advice was sought, but not provided, those advisers need to be rusticated so that our processes are protected from more of this nonsense.

The State has an overriding duty to comply with the law and be exemplary in its conduct.  That is not negotiable, if we are to build a society which is orderly, progressive and just.

Episodes such as the ‘Eden Gardens’ sale and the THA/BOLT deal continue the erosion of Public Trust and the loss of that intangible, almost-forgotten, source of ‘soft power’, the Benefit of the Doubt.

This Prime Minister has made repeated statements that any evidence of wrongdoing will be investigated, so that the offenders can be prosecuted according to law.  These three articles have detailed the evidence and breaches of sound public policy, so it is now over to the authorities.

The ‘Eden Gardens’ transaction is a prime example of a large-scale economic crime against the State and the interests of its citizens.

Again, I ask – ‘Who were the beneficiaries?

The final point here is that the parties to the PLP purchase and improvement of ‘Eden Gardens’ are now in litigation, with the contractors – SIS Ltd. – suing Point Lisas Park Limited for various monies and demanding an account of the $175M.  Case CV 2012 – 5068, so we have interesting times ahead.

Pre-Action Protocol letter to Ministry of Finance pursuant to FoI Application of 11 May 2012

preactionWhat is being pursued here is our right as citizens of a modern republic to the details of these huge expenditures of Public Money – the CL Financial bailout is costing some $24Bn, about $3.5Bn USD! – and the background to how critical legislative support is obtained.  It is my view that S.34 was not the first time and that the spectre of ‘regulatory capture’, which underlines much of the discourse around the Great Depression 2, is in fact founded on a sinister degree of ‘legislative capture’.

Having had a series of ‘cat and mouse’ exchanges with the Ministry of Finance since my Freedom of Information Act application made on 11 May 2012, this is my pre-action protocol letter sent to them by my attorney on Thursday 7 March, seeking their proper reply in 7 days…that time expires at midnight today, Wednesday 13 March, so stay tuned, because we are going to the High Court after that…

BLIND MAN’S BLUFF

Blind man’s buff  [or Blind man’s bluff] is played in a spacious area, such as outdoors or in a large room, in which one player, designated as “It”, is blindfolded and gropes around attempting to touch the other players without being able to see them, while the other players scatter and try to avoid the person who is “it”, hiding in plain sight and sometimes teasing them to make them change direction.

Wikipedia contributors, “Blind Man’s buff.” Wikipedia, The Free Encyclopedia, http://en.wikipedia.org/wiki/Blind_man%27s_buff  (Accessed October 7, 2012)

In this rounds, we, The Public, are ‘it’…you see?

The entire ‘section 34 fiasco’ is churning in my mind, so I am calling it the Plot to Pervert Parliament.

The way in which the country, its significant institutions and its legislature have been misled for the benefit of political financiers has given me pause.  The entire episode is truly revolting, even for those of us who have little faith in our political rulers.

Having listened to the PM’s address on this S.34 fiasco there are now more questions than answers.  The silence by the PM and other leading MPs on these documented facts during the Parliamentary debate on the repeal seems to amount to a calculated decision to withhold information.

The main questions for the PM are along two limbs –

  1. Firstly, how does the AG’s absence overseas for a few days exonerate him?  We need to stay with this line, given that it is the principal one advanced by the PM after her research into the issue.
  2. Secondly, there is the burning question of what is Volney’s true role in all this?  Did the PM ask him why he misled his Cabinet colleagues and the Parliament?  If so, what did Volney say?  If the PM did not ask Volney for his reasons, one has to be deeply skeptical about the idea that this single Minister outwitted the entire Cabinet.

The fact that this episode centred on the actual 50th Jubilee weekend was a powerful wake-up call to us all.  History is rich in irony.

For my part, there is no way we are lightly ‘moving on’ from this tragic place…this is the occasion to resolve a lot of this nonsense and put us on the road to a much improved system of governance. It is going to be a hard campaign, but we must have a realistic appreciation of our situation if we are to have any chance at prevailing.

After the PP’s election victory, the Steve-Ish issue presented a conundrum since the USA wanted them and the public wanted to see them face justice. The Extradition request was refused so that they can be tried here.  That ruling was not appealed by the AG, who stated that the reason is to allow them to be tried here.

The result of the sudden reversal in the face of mounting protest, is that the Piarco Accused can now say to the Court that Parliament exercised its powers to repeal legislation upon which they were relying to seek freedom.  Parliament acted to reduce the rights of two individuals and the Court may be asked to rule that those actions of the Parliament have oppressed these men.  The recent repeal of this section seems to have fortified the case of the Piarco Accused in seeking freedom.

Sidebar – Was S.34 the first time?

I am now recalling that the CLF bailout and shareholders agreement were never debated, they were both declared as fait accompli.  What is more, as I wrote in this space recently, the Ministry of Finance is claiming that the contents of the presentation to Members of Parliament on the new bailout laws is secret.  The S.34 fiasco involved an alleged stealing of $1Bn in Public Money and we are all now seeing the extent to which these white-collar criminals and their servants will go to cover their tracks.  It is truly revolting.  So, the question is ‘‘Given what we now know and the fact that the CLF bailout involves many billions of dollars in Public Money, is it reasonable to assume in good faith that our Parliamentarians and Public Officials will be responsible and honest in their dealings?’ I will be returning to this, it is turning in my mind.

Proper Priorities of our Parliament
Our Parliament has been on holiday since 11 July, but it has been reconvened twice in that period.  The first occasion was in mid-August to satisfy an upcoming evaluation by the Financial Action Task Force of our Financial Intelligence Unit.  All members voted in support of that Bill.  The second occasion was for the repeal of the controversial s.34 and that raised a question for me.  Why did the government agree to reconvene to repeal?  Was it because of our objections and criticisms, or was it the stated concerns of the USA?  In our 50th year of Independence, did the concerns of the USA outweigh our strong concerns?  A sobering reflection.

The Title of this article is a kinda medley, when you study that, in Whe Whe, #34 is ‘Blind Man‘, we have been outwitted.  One of my favourite moves, in those well-plotted spy thrillers, is the ‘Double-Bluff‘…This S.34 episode is a real cynical game of Blind Man’s Bluff….you see?

…They’ve got 12 Aces up their sleeve!
So who the Hell can we believe?!
Steve?
Not even the love of your children’s enough…
To quell this cynical pain!
Can you show me a directing-sign?
Show me a sign!
On this Highway of Big-Tief and Fools…
You tief yours and I shall tief mine!
Leh we go down the Road an break the broken rules
So in this morning of another day
When decency will lose its way
Ray!
There goes another $100 Million again!
Back to the Same Ole Same!
….
The self-contempt is like a Badge of Hate!
Award yuhself!
It’s not too late!

© Lypsoland Music. Lyric used by Permission. All Rights Reserved.
From the opening stanza of David Rudder’s ‘Back to the Same Ole Same‘ on the 2001 album ‘Autobiography of Now’

Where do we go from here?  That question is for the second part of this column.