Without any evidence to initiate prosecutions here, the seizure and forfeiture of the local assets of the two Guyanese drug smugglers as well as others who have pleaded guilty to drug trafficking and money laundering in the US is not possible. However, these pleas should prompt local law enforcement to start investigations a member of parliament says.
Last year a US-based Guyanese couple, Arnold and Sabrina Budhram, pleaded guilty to money-laundering charges, admitting that they used a company they had set up and their connections to launder money for drug-traffickers operating in Guyana. Among those traffickers is Roger Khan, who himself pleaded guilty in March to importing cocaine into the US, as well as Peter Morgan, a well-known local businessman and former race car driver, who also pleaded guilty to conspiring to import cocaine into the US. Morgan is also Sabrina Budhram’s brother and records show that on at least one occasion the couple transferred funds in his name. While the couple were each sentenced to prison terms last year, Khan and Morgan are currently awaiting sentencing. However, the guilty pleas have raised questions about their local assets and property here, which are believed to have been proceeds from drug trafficking operations.
The Anti-Money Laundering and Countering the Financing of Terrorism Bill 2007 which was passed by the National Assembly in May after a two-year parliamentary review has expanded the scope for the identification, tracking, freezing and forfeiture of the proceeds of money-laundering, among other offences. Indeed, the new law is believed to be a significant improvement on previous anti-money laundering legislation, although according to Raphael Trotman, who sat on the parliamentary special select committee that reviewed the legislation, any move on the properties or assets of any of the persons convicted overseas is still dependent on willingness by local authorities to investigate and the provision of crucial evidence.
In an interview, he told Stabroek News that action, such as the freezing of assets and the seizing of property, can be taken, but only pending investigations or in anticipation of the filing of legal charges here. The law, however, does not apply retroactively although it does empower the Financial Intelligence Unit (FIU) to enter into formal and informal information exchange agreements with local and international institutions with similar responsibilities. Meanwhile, the Director of Public Prosecutions (DPP) could apply to the court for a restraining order against property held by an accused or person other than an accused in cases where legal action is pending. Under the law, the DPP can apply for a forfeiture order on conviction, which is to be granted once the court is satisfied that property is tainted in respect of the offence for which the person has been convicted.
But Trotman emphasised that while the fact that persons had pleaded guilty in other jurisdictions should prompt local action, any move must be supported by a local investigation based on documented evidence. “You can’t ipso facto say I have the right to take away your property in Guyana if you plead guilty [and] if you have not even gone as far as charging that person with a crime,” he explained, “A person may plead guilty in a foreign court knowingly to trafficking in narcotics but that in and of itself should not be able to trigger the DPP seizing [assets] unless you can show that the assets here are a direct result of the crime to which that person has admitted.” He noted that this demonstrated the need for documentation which indicated the proceeds of the crimes as well as identification of all persons who may have benefited. “Just to say you pleaded guilty is not going to be enough and I can see great resistance,” he said.
However, Trotman also argued that the guilty pleas by Guyanese to importing cocaine into the US should be enough to trigger a local investigation, since it followed that Guyana was the likely source of the exportation. “I am surprised that our authorities have not gone the route of instituting charges,” he said in this vein, noting that there had been a failure to pursue what were clear admissions. Nevertheless, he said, with the implementation of the new law, all the “powers and tools” had been handed to the government and the FIU. “We will wait see if they are genuinely interested in confronting a major problem not only for Guyana but for the region,” he said.
Additionally, he emphasised that the seizure and disposal of assets in one jurisdiction arising out of matters in another jurisdiction depended on reciprocity between law enforcement authorities in the two jurisdictions. “A lot depends on what is handed over to the authorities,” he said, noting the Khan, Morgan and Budhram cases. He further added that the US authorities had indicated that this would be done at the appropriate time. “The power is there to proceed but it also depends on trust, credibility and reciprocity and I don’t believe that those three ingredients exist right now between our North American partners and Guyana,” Trotman said, while expressing the hope that reciprocity in the relationship between the two countries could evolve.
The law provides for oversight of the export and insurance industries, real estate, and alternative remittance systems, and sets forth the penalties for non-compliance. It also establishes the FIU as an independent body responsible for requesting, receiving and analysing, and the dissemination of suspicious transaction reports and other information relating to money laundering, terrorist financing or proceeds of crime. Also, the FIU is also mandated to issue guidelines to reporting entities and advise the Finance Minister accordingly and conduct research into trends and developments in the area of money laundering and improved ways of prevention.
Among the obligations of reporting entities enshrined in the law, is reporting suspicious business transactions. Additionally, an institution or person licensed to do business in Guyana as a financial institution under the Financial Institutions Act 1995 or a money transfer agency is now required to include accurate originator information and other related messages on electronic funds transfers.
Activities over a certain sum have to be reported, Trotman said, noting that they triggered a response system that obligated banks to file reports with the Bank of Guyana. Reports include the frequency of transactions as well as the persons involved and the data is analysed to determine if the case demands investigation and if need be prosecutions.
Sabrina Budhram had admitted to collecting large sums of money from drug traffickers, which her husband Arnold deposited into bank accounts in small sums to avoid filing currency transaction reports (CTR) that help detect money laundering.
Court documents stated that a handwritten “money and drug ledger,” found in the Budhrams’ home at the time of their arrest, referred to individuals who were believed to be Khan’s co-conspirators and it was expected that this would have been used as evidence against Khan. The prosecution had told the court that bank records indicated that in 2001, a company associated with the Budhrams transferred money to a bank account in the name of Khan’s wife and child and it appeared that Khan was in direct contact with the Budhrams in early 2003. The couple were arrested and charged with money laundering on April 6, 2004 and investigators searched their home and work offices and gathered a large amount of evidential material.
Trotman said the legal architecture created by the by the law and a new dispensation were now crucial, noting that the FIU was now empowered to pursue known narcotics and money-laundering activities, which would be effectively deterred by investigations that yielded successful prosecutions. The unit has been gathering information from several reports, this newspaper has been told.
Meanwhile, Trotman explained that while money laundering was always going to occur, prevention would come by way of a deterrent in the form of the identification and successful prosecution of persons trying to hide ill-gotten gains. “We now have the tools to root out and confront this scourge,” he said, while cautioning that the law was not intended to be anti-business. “You have to remember the purpose is not to stymie or shut down legitimate transactions or commerce, but you have to monitor that commerce or movement of money in and around Guyana to see if it warrants further investigation,” he said.
Brother Throt…i understand what you are trying to do but you are beginning to sound stupid because these people aint give a dam what you or no one says, they in power and they will do what the hell they want to do, you have to wait until they come out of power. Don’t worry that rope dem been holding on to near done.
beginin to sound stupid or he stupid????
Sandman you are right on point….Trotman knows better, he very well know that all he have to do is to write an official letter to the US Attorney General Errick Holder asking him to inflict the maximum sentence on Khan and the rest, and seize their assets in Guyana. It can happen it start with the people of Guyana. It is Guyanese who have to shape and direct the success of Guyana by demanding what is right.
The US Attorney General has the power to size any drug deal assets who was convicted and sentence in the US.
Trotman very well knows that nothing will work with him engaging himself with the PPP administration.
What he Trotman should do is sit down and do an analysis of President Obama address to the Law Makers of Ghana. The Obama administration is making it clear that we will not be working with corrupt governments.
The United States seize every thing from Pablo Escobar who headed up the Medellin drug cartel.
Sandhurst first we do not see eye to eye on quite a few things. However, in this case we do, Raphael is trying a spin job when actually that Spin thing dies a few years ago with the stupid Republicans. Cut the crap, seize all of the property. Raphael your credibility is at stake when you attempt to pull wool over people’s eyes with Legalese.
Btw, How much “power” do ya think is being exerted by those hands on the 1763 Monument!!! And by extension “Never Say Never” can the forces of “evil” cannot be crushed!
Out!
yarrow no one have jurisdiction in guyana but the govt. of guyana.
so stop yap, yap, yap, he import coke he did not export from guyana, please read and comprehend.
SEIZE ASSETS IN THE US NOT GUYANA< are you day dreaming. or you just feel to yap yap yap yappppppppppp
Sandhurst, you have finally lost it! The job of an MP, especially a leader of a parliamentary party, is to do just what Trotman is doing. Have you so quickly forgotten that it was the Executive President who started questioning the AFC’s source of financing for Dick Morris and alleging that the AFC was funded by a drug dealer? Well, the AFC is taking the fight right back at Jagdeo and company, so why don’t you put your head in gear before accelerating your fingers on the keyboard and exposing yourself as having lost it. When people like you don’t think anyone could make a difference and Jagdeo and friends should be allowed freedom to do whatever, then people like you should stop posting here with your comments! After all, the status quo is unchangeable until it is changed, but by whom, if not the AFC. Get a grip!
Trotman fails to realize that Guyana is not ruled by smart or civilized people. Additionally, the all important Orwellian factor is not being realized.
Does he really believe the enablers and benefactors of the drug economy would welcome a visit from the proper authorities? Guyana needs a change in government as they have become too comfortable and confident in their bed partners and therefore have no interest in seeing them investigated.
Time for change AFC! Time for change.
I don’t think that Trotman is that naive. It’s up to the people to remove the PPP in 2011. Both PNC and PPP were given great opportunities to perform. The PPP added even more to the destruction that Burnham started. Time to terminate the PNC/PPP era.
amarie how smart and civilized are you?
An asset seizure law is needed in Guyana. This law should be so strict that even lawyers’ fees would be subject to its imposition. Lawyers must prove that fees paid are not the result of criminal activity. While everyone is entitled to the best defence available, to have that defence paid with ill gain funds is making a mockery of the justice system.
In any other country this would have generated some serious inquiries by the state and would have caused many heads to roll in Guyana.
But the old saying moon a run till day ketch am will soon prove accurate with the good ole poo poo poo and the residents of pooville.
That is absolutely correct waterman the people of this country need to wake up and demand accountability from their elected officials and in so doing they need to vote the PPP out of office come 2011.
The de facto main political opposition PNC has been displaced by the AFC, which has been taking the political dog fight to the PPP and its beleagured and embattled President and his government. Go AFC!!!!
WHO IS THE CURRANT LEADER OF THE A.F.C.
AFC you can depend on my technical support.
Re: “The de facto main political opposition PNC has been displaced by the AFC…”
Have you not had your medications today or what!!!
This rice dag fight na gon last long bannas. Trotman should tell the people of Guyana where his party gets its funding from and who paid for Dick Morris and his crack pot prognostications.
sodium AFC party member names are not on the court documents in New York.
AFC members can all get visas and all do travel to the united states without protection of diplomatic immunity.
How come Rohee and Greene cant get visa for the US? Ow help dem bai out nuh? call up your senator or congressman and loobby for them chaps to get a visa.
SN::::we want yuh fi teck out a recent foto of Tratman and paste om here every time he open he mouth calin fi dis inquiri and dat inquiri….or if he want charges brought against dis wan or de ada wan…..or if he want debate de president…….how come big Trat talked and yuh ent put he young presidential lookin foto hey SN???
whaaaaaa wrang wid yalll now????
Or is it de hot peper sauce story dat de president talked bout geting yalll at SN worryed??
OH..and de ada presidential hopeful turn used car salesman…Khemraj Ramjattan….yall must put he recent foto here on your big market tabloid gossip column here too….
I bet yuh gun leff dis hanging fuh hours on end or possibly wont print because I am bashing de people yuh peddling fuh……….
But its ok….your big market tabloid wil still survive even though most people know what yuh up to…..
You aint want to hear about none of the criminality of your peeps eh cack eye?
Come on man whappen wid all the truth and reconciliation you and your boys were pursuing? none of that anymore?
Yo know something evileyes?I always seh you is a smart man,no joke,and it is really puzzeling to see a person like you,so dedicated and loyal to such a bunch of incompitence,I know you can see that you are even smarter than the smartest in that bunch,they are not known for their wisdom,unlike ma boy Burnham,who could’nt be matched,CARICOM MAN OF THE CENTURY,plus a lot more…so why, why do you continue your support….why? There has to be a logical answer…one that I can understand,I don’t want any foolishness that makes no sense…now out with it!
guy you want us to suppot the phencee or afeecee, what do you know about them.
let them give us a list of his financial supporters, we can verify if the pepper sauce made any contribution.
Mr. Trotman, you’re keenly aware that the drug trade is the life blood of the GY economy and anyone seen as trying to cut off or tamper with the flow of that vital economic pipeline, using the recently passed laws, is asking the GY government to fix something that they see as not broken and not an immediate priority.
Swat , if what you are saying is the truth , them all of the Caricom countries have a problem dealing and trading with Guyana . At present , six guyanese are awaiting sentencing here in Barbados because they were found guilty of trafficking and importing a large amount of cocaine which arrived in Barbados in a container of lumber from Guyana . If illegal drugs are being exported from Guyana to Canada , the USA , UK , T&T and Barbados – then one can conclude that illegal drugs are entering other Caricom countries from Guyana , too . Many guyanese “business men and women” , are deeply involved with the illegal drugs trade . Is Guyana’s contribution to Caricom , illegal drugs , corrupt public officials and criminals ?? I await an answer from the cronies and minions of the PPP .
Roger Khan, Peter Morgan, the crew at JFK Airport, and the list goes on…Guyana had been identified as the hub in the Caribbean for the distribution of drugs. Uncle Sam is on the outside looking in. See how many of them can’t get US Visas? or had their US Visas revoked?
Your criticisms of Guyana and all things Guyanese border on the emotion of hate. Have you had an unpleasant experience with Guyanese that motivates your almost stalking of this web site?
Once there are the PNC and PPP around and people with a thought process of who ruled for 28 years and who’s turn it is now. Guyana will be like this but as the once powerful PNC found out, nothing last forever. Hope the PPP find that out soon. I hope the younger generation is growing up with less racist sentiments than the generation before.
Oh they are Mr. Benn they are growing up with very different perspectives and that whole race baiting nonsense isn’t going to work for much longer.
Once a high ranking official in the present adminstration said to me “Burnham had he turn…now is ah we dis turn”. And so it was, and continues to be, full scale corruption, and destruction to the environment.
Waterman your description of the attitude of the current group running this country is accurate to a t.
That is exactly how they behave and those are exactly the sentiments they espouse.
BS let the afeecee put up or shut up, the list of it’s financial supporters.
Jagdeo can continue to make all his outlandish claims the people of this country know the truth, no AFC member name is on the court documents in New York.
The AFC are not the ones who let morgan walk after finding a container with guns destined for him.
So hew cry and holler all you want about put up and shut up my friend.
The US authorities said that they will hand over their evidence at the appropriate time but Trotman did not say if this has been done,if not then we have to wait because according to him you cannot initiate prosecution procedures here without any evidence but then he goes on like if he has already got the evidence,if so,then he should take the necessary steps in parliament to see that these investigations begin.Being a member of parliament Trotman should be more cocerned with everyday issues for his constituents instead of jumping the gun for his own political ambitions.
Marc….i understand Raphael this way, once they ( Guyanese Citizen/Nationals) confess to importing drugs into another country the GPF and other law enforcement agencies can start an investigation. De people confess is that say that they are guilty not Raphael.
All these people already pleading guilty why do we have to wait for evidence from the US on crimes committed in Guyana?
What happen with all this sovereignty that Jagdeo and luncheon was hollering about a few days ago?
Is this convenient sovereignty? only when it benefits Jagdeo and the PPP?
Come on man we are not in play school here these are adults you are talking to Marc.
i will support AFC we need a change bad my goodness ppp should be a shame of themselves they made gy into a drug land.a lot of business men is really drug men trot,khemraj keep blitzing ppp u good men are the new leader of gy
Trotman needs to show the people of Guyana where he gets/got his political funding from; We can start off the “local probes” by investigating Trotman and the AFC.
In my Opinion, this is just a desperate move by Trotman to gain political points because the PNC is caught up within their own party’s ruckus at the moment; good time to make his move but he is only opening up a can of worms for himself.
You must have been drinking or sleeping the past couple of days. It is Jagdeo who has recently refused Trotman’s challenge to a debate on the political funding/drugs issue.
you need to probe where trotman got his funding from. we already know where the pee pee pee were getting their’s from. this aint funny joker but you need to stop fishing and tell your boys to clean up their act.
wataman,
I’ve been fully awake over the years to know and see first hand some of the ills happening my home country. Which crack you fell through from? never seen you on SN blog before.
JB
Unfortunately, your boyz are too busy to even listen to you; they are currently trying to understand the word transparent.
Guyana needs help, maor help too. The way it is going it will not get better. Guyana is on a slippery slope. It is time for the people of Guyana to take it back.
which people, the country is brain drain, no educated ones left but a few.
afeecee, phencee, ppp, no one can fix guyana at the moment, no capital or revenue to spread it that vast area that the people lived.
GET REAL PEOPLE, NOT ENOUGH REVENUE, revenue, revenue.
you need to get real freespeech Guyana does have revenue the problem is much of it goes unaccounted for and is not properly managed.
Read what the Auditor general is saying