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5th February 2016
1302.A back of an envelope overview of MM’s income and expenditure in 2005 shows:
1303.He even was able to fund the payment of school fees for the daughter of his future
wife Lisa Raye McCoy in Switzerland in the sum of $33,220.00.
1304.MM’s 2005 declaration in the Register of Interests referred to his trade or profession
as law and real estate (business) and that he had a home in North Caicos, a
condominium at the Golf Club, a “condo” at the Alexandra, commercial property in
Providenciales (60718/7) and a house under construction, with shareholdings in
Prestigious Property Limited, Alexandra Resort and Grace Bay Plaza Limited. with
Income Assessed Expenditure
$141,308.64 Ministerial salary $5,500 Director’s fees
$19,014.80 Net income from Grace Bay Plaza (MM held an 80% share of the Plaza)
$30,000 consultancy payment from Saunders & Co.
$1,400,000.00 $110,000 to Royal Jewels $23,900 to purchase Jeep wrangler $60,000 wedding preparations $47,768.69 Valentino clothing
$543,675.60 credit card expenditure
Total $190,873.44 Total $2,185,341.29
Difference $1,994,467.85
Liabilities were to Barlcays, Belize Bank, Johnston International and Security
Lenders Ltd. He stated that he had no financial sponsorship, gifts etc to declare.
1305.In 2006, the year Michael Misick married Lisa-Raye McCoy, further payments were
made towards the education of his stepdaughter. $120,588.56 has been traced as
having been paid to the school from My Way Productions 2, which receives payments
from Chalmers & Co, Chalmers Misick and the PNP account.
1306. As to My Way Productions this was a company set up by TCM for the purposes of
LisaRaye developing business interests in the TCI. We will see during the trial that
The account was used as a means of laundering money by both Michael and TCM.
Ms McCoy never saw the bank statements, because My Way (according to her) did
not do much business.
1307.His known and identified income in 2006 totalled about $193,000. His expenses
claims were in excess of $136,000.
1308.MM acquired more land including land relating to Water Cay and he sold his joint
interest in an apartment in Florida for which he received $90,070.07, although it
appears that he purchased another US property for over $550,000.
1309.MM married Lisa-Raye McCoy on the 8 April 2006. They had a honeymoon in Israel
and Bali and thereafter enjoyed what might be described as a vacation of a lifetime.
MM chartered a private plane for them to go to St Bart’s and he chartered a yacht
taking his wife and 7 guests to St Martinique. They travelled to Africa, Egypt,
Zimbabwe and South Africa using a Gulfstream jet which had been leased as a TCIG
overhead.
1310.The wedding costs were in part a commercial gesture to MM from the hotel at which
he had insisted on having his wedding; apart from the event organiser from New
Jersey whose payments we have seen, MM paid just over $74,000 to accommodate
other guests at Club Med.
1311.Charges up to $11m were registered in relation to the construction of Belview Villa
and also in relation to the Alexandra development.
1312.During 2006 Michael Misick increased his corporate portfolio by becoming the 100%
shareholder in one company and a 50% or thereabouts shareholder in at least 2 other
companies. One of the companies that was formed was now My Way Productions 2
Limited in which MM had a 40% interest, that company was credited with $160,000
in 2006.
1313.Credits into his known bank accounts were over $2.4m although debits reached nearly
$3.4m. Accounts were also opened in California at HSBC in Beverly Hills and at J&T
Banka in Prague.
1314.Michael Misick paid $1.35m to reduce his credit card debts. With the credit cards he
had bought a car, paid for the use of a private jet, and bought jewellery. This spend,
alone, in the credit card was more than five times his income as Chief
Minister/Premier.
1315.MM spent over $760,000 on furnishings to Caretti Turner - the monies were paid to
Caretti Turner from his personal account and from the PNP account. When from the
latter, the instructions were signed by MM.
1316.MM was granted a loan facility by Arling Anstalt, a Lichtenstein registered entity, for
$1m. The loan facility was available to be drawn from and credited to an account J&T
Banka in Prague. There was no record of the loan ever being repaid.
1317.MM spent $250,000 on hiring Preston Bailey Entertainment and Set Design Inc from
New Jersey, US, to advise on design, production and installation (presentation) of his
wedding to Lisa Raye McCoy.
1318.Belinda Carter was a sales manager at Bay View Motors in 2006, says that she was a
staunch supporter of the PNP. She was not close to the leadership, but she did notice a
change in lifestyle by Michael Misick and his close circle of friends with them
enjoying the high life. In October 2006 Michael Misick arrived at the Car showroom
stating that he wished to buy a White van and that he would send his butler to view it
– the car was for sale for $31,000. However, a letter was received exempting the car
from stamp duty and so it was reduced to $23,100. The duty exemption letter was
from the Premier’s office and signed by Floyd Hall.
1319.In the Declaration of Interests dated 31 December 2006 (which refers to the re
election in February 2007, and so it may have been filled in after the event), MM
declared Directorships of Prestigious and Alexandra and the Grace Bay Plaza Limited
(as before) with the same property interests as he had on 31 December 2005, there
was no reference to the expenditure and assets accumulated during this year. He
stated that he had nothing to declare in relation to financial sponsorship and gifts. This
despite having received the “commercial” gesture of being able to use of a hotel for
his wedding, the Arling Anstalt loan, and other contributions and advantages.
1320.In 2007, the known income received by MM was $291,308.01 for his salary and
expenses in excess of $100,000, it is to be observed that this is more than the Prime
Minister of the United Kingdom earns now. He received other income but this was
netted off against expenses of the income.
1321.He acquired more land including over 18 acres of land in a company called MIG
Investments Limited in which he was a 50% shareholder. Also in July he acquired a
parcel of land on the Leeward Highway but acquiring the shares in a company called
Leeward Highway 2008 the day after the land had been transferred to the company.
He made other land acquisitions and continued to use land as a security for
borrowings.
1322.His corporate empire expanded although one company was struck off from the
Register. But over $425,000 was invested in a US company called Z&M Media and
$362,500 in a company called TCU LLC.
1323.His bank accounts continued to grow in turnover, receiving over $10m during the
course of that year, with a similar amount being debited.
1324. His loan indebtedness grew as well. Apart from now owing Coral Square Limited (a
company which had lent money for the build of his Villa) over $7m (a loan which
was not repaid until the forced sale of the property), MM now took out a loan from
J&T Banka in the sum of $6m apparently for the purpose of purchasing a house in
America; no house was purchased and the loan was granted and never repaid.
Additionally MM had a loan facility with BCB of $5m used in part to clear existing
debt but interest accrued to the loan in the sum of $358,588.98 by year end.
1325. As to his credit card expenditure in 2007 MM spent some $3 million on his various
cards. $187,000 was spent on jewellery at a local jewellers and over $1.4m on private
airplane charter.
1326.Two further payments were made to the Swiss school attended by MMs step daughter
totalling over $28,000.
1327.In the Register of Interests for 2007 MM declares that his wife is an actress working
for Warner Bros. He stated that he was a lawyer and that he had nothing to declare in
respect of financial sponsorship gifts etc. He does assert that his position is unchanged
from 2006. The Court will want to consider why was MM seeking to hide from public
scrutiny the monies he had received and the interests he had acquired during that year.
1328.In 2008 MM was still acquiring land and securing assets for loans. A new company
entered his corporate portfolio – U Hotels Holdings Limited (he held a 40% interest
some companies in which he had an interest were struck off the Register). There was
a reduction in credits to his bank accounts with just over $1m being credited.
1329.MM borrowed more money in 2008 including $200,000 to fund his American Express
Card. His indebtedness to the Lichtenstein Anstalt had increased to $2m. He also
borrowed $270,000 in January 2008 to pay off a debt to Royal Jewels, the money was
apparently lent by an Attorney Norman Saunders.
1330.The overseas bank accounts saw activity with the J&T Banka account being credited
with $1.2m and debited with $1.48m. An account was opened with HSBC in Buffalo
New York $111,000 was deposited and $110,000 withdrawn. He also opened an
account with HSBC in Beverly Hills called Misick Enterprises LLC through which he
moved $40,000.
1331.In the 2008 declaration of interests MM made no declaration that was received by the
Registrar.
1332.MM had a Government credit card which he used, it is suggested, as his own personal
source of expenditure. The Hallmark Credit Card in the name of the Premier’s office
had accumulated expenditure in excess of $50,000, the expenditure was not for
Governmental purposes. Mr Coalbrooke the Permanent Secretary refused to sanction
payment of the amount owing. However due to reputational damage and instruction
from the AG Chambers the balance did end up being cleared by the TCIG.
1333.Belview Villa built during the years of MM’s Premiership is a luxury property. It was
searched, by police in 2014. When searched the police found a number of designer
suits and shirts. Because of the monogram it was plain they belonged to MM. The
clothing was from a company called La Panache in Florida – the suit linings
embroidered ‘Michael Misick’ and all the shirt were initialled on sleeve ‘MEM’. His
middle name is Eugene. La Panache suits cost $1000 - $1400. MM owned 46 Panache
Suits.
1334.Credit Card expenditure again was reduced save in relation to the American Express
card where the expenditure was over $1m. During the time that MM held his
Centurion American Express Card the payments of the debts incurred came from
various sources included the PNP account, Miller Simons O’Sullivan, Arling Anstalt,
My Way Productions and several TCM accounts.
1335.Planes were chartered at a cost of about $250,000 and over $90,000 was spent on
clothes and over $125,000 on jewellery.
1336.Whilst MM was leading his nation and was responsible for the needs and
development of the citizens of the TCI – a small Country with no more than 7,000
electors and about 35,000 Belongers, he appears to have benefited in sums way
beyond the reach of probably each and every one of his supporters and fellow
citizens. Just looking at the accounts of which he was a signatory (therefore not taking
account of the money that sent directly on his behalf to others, including friends and
other third parties such as suppliers etc.) MM received just over $28m from the time
he became leader of the opposition (just $220,000, in that year) until he left public
life. The peak was between 2006 and 2008 when he received $19m, of $12.7m was
received in 2007.
1337.According to one civil servant, MM was never prepared to accept being told what he
could or could not spend TCIG funds on, he was somewhat autocratic in his
leadership style. His style of management was all, according to Mr. Coalbrooke,
“rush, rush, rush and demanding”.
1338.MM took advantage, we suggest, of a Governor who was caught between the desire to
assist and help develop integrity and good governance and the appreciation that
anything that was considered to be in anyway interfering with the will of the people
would be seen as intervention. It is suggested that we will learn during the trial how
MM milked that position to his personal advantage.
Floyd Hall
1339.Floyd Hall, Deputy Chief Minister (and later Deputy Premier). He served as Minister
for Finance and National Insurance. He was Treasurer of the PNP from 2002 to 2006
and he handed over the role of Treasurer to Mr Burton on 2010. We cannot find
anyone else being Treasurer, and it appears that he either was Treasurer or de facto
Treasurer during the period on the information.
1340.Submit that as part of our case against FH, he used his power and influence to
participate in a Government that governed not in the public interest but in the interests
of himself, friends and relatives and therefore to the detriment of ordinary people.
1341.In particular, he benefited directly by payments in relation to Water Cay, Seven Stars,
North West Point, Third Turtle and West Caicos.
1342.Bank accounts in his sole name and jointly held with his wife Lisa Hall ('LH')) have
been identified and their spending investigated.
1343.Mr Hall was elected to the Legislative Assembly in August 2003. He became Finance
Minister and Deputy Chief Minister. The overview of his finances begins in
December 2003 and ends in August 2009.
1344. In 2003 he appears to have owned a house and about 1.6 acres of land. He was a
Director and or shareholder with his wife in 6 companies:
a. Saadat Limited
b. Saakin Limited
c. GBL Holdings Limited
d. Business Consultancy Services Limited – Platinum Realty Limited
e. Paradigm Corporate Management Limited
f. High Octane Products Limited (Mangrove Springs Development Limited)
1345. He held 3 bank accounts (2 at Scotiabank (one opened in 2004 and the other in 2005)
and one at FCIB Bahamas (not opened until 2004).
1346. In 2003 Mr Hall’s income was modest he received about $40,000 from the TCIG
(including his claimed expenses) and just over $10,000 from the PNP.
1347. In his declaration of interests dated 31 December 2003 he declared that he held no
Directorships, worked for Gilley’s Enterprises Limited and that he had received ‘Only
– political campaign assistance funding below the level required for publication or
reporting purposes’. His wife was said to be a working for Saadat Limited.
1348. In 2004 he obtained an interest in land (through a company called Windsor
Investment Group). This was to become the Casablanca Casino and he also obtained
property in North Creek Grand Turk (to be declared as a house in 2005). His
corporate base also expanded, with a new company interest, Ashley Properties. His
income increased from TCIG to over $100k (he deposited $99,000) into the FCIB, he
also received $24,500 from the PNP account, and $12,500 from Saadat Limited.
1349. In his 2004 declaration for the Register of Interests Mr Hall declared that he was an
accountant performing private accounting services from time to time that his wife
employed by Saadat Limited in real estate and that he had not received any
sponsorship or gifts. He also declared that he had sold a dwelling house, that he was
in receipt of income from an apartment in Grace Bay Gardens and that he owned
property in North Creek Grand Turk, he was a shareholder of GBL Holdings (50%
owner of Mangrove Springs) and Paradigm Corporate Management.
1350. In 2005 his property interests remained stable, he had become involved in new
incorporated entities including on 1 December 2005 a company known as Whale
Watchers Limited which was in due course to benefit, we suggest, from unlawfully
acquired funds. Turnover through his bank accounts increased as did the monies he
received from the TCIG over $140,000 and the PNP (in the case of the PNP -
$47,500).
1351. In the 2005 Register of Interests Mr Hall stated that he had no Directorships, and that
apart from his role in Government, he continued to offer accountancy services to
clients. He had no financial sponsorship gifts etc, to declare. He had rental income
from GraceBay Gardens and now owned property in North Creek; he leased
residential property in Long Bay and Water Cay. He declared shareholdings in GBL
(as before) Mangrove Springs Limited, Gem and Pearl Jewellers, Platinum Realty and
Wale Watchers.
1352. In 2006 he obtained a significant increase in his property interests and further
property related companies. Deposits to his bank accounts increased over $400,000
and the use of credit cards increased to $100,000. His income from the TCIG
increased to over $150,000 and he received $20,000 from the PNP.
1353. In the Register of Interests for 2006, Mr Hall stated that he had no financial
sponsorship, gifts etc to declare and that apart from his role in Government he
continued to offer private accountancy services. He was still benefitting, he said, from
rental income and had obtained some more land at East Ridge Grand Turk. He now
had liabilities to FCIB, TCI Bank Ltd and Belize Bank. He had also become a 49%
shareholder in Remax Elite.
1354. In 2007 the Government was re-elected; of note in 2007 was the acquisition, with
others, of 192 Acres of land which becomes relevant to the West Caicos development.
The land purchase by a number of people was supported by a loan from BCB in the
sum of $19.4m, he also obtained some land on the Providenciales Golf Course. His
corporate portfolio increased with new companies in which his wife principally
became a shareholder His bank account turnover increased (to over $750,000); he
spent over $240,000 on credit cards, with his wife. His TCIG income was around
$200,000 and he and his wife benefited from payments from the PNP account to the
extent of $272,260.00, his other income was around $40,000.
1355. In the Register of Interests for 2007 Mr Hall’s declaration as to his occupation and the
receipt of sponsorship gifts, etc was as the previous year. Nothing had changed. In
relation to property he declared that he had accrued more property including private
land at the Providenciales Golf Club, Richmond Hill, a house with land on South
Caicos and private land in Leeward. He now declared that he owned 9 pieces of land.
His corporate interests remained the same. He was a shareholder in 6 entities. There
was no mention of the investment with others in the 192 acres relating to West
Caicos. He did refer to another bank to whom he declared he owed money.
1356. In 2008 he acquired more land which he later sold or transferred. Two plots in
different parts of Providenciales were transferred to Richard Padgett in September
2009. Credit card expenditure and bank account turnover totalled about $700,000; he
acquired about $70,000 worth of jewellery. His income from various sources which
have been identified totalled circa $360,000.
1357. In the 2008 register of interests Mr Hall disclosed his, by then, extensive property and
shareholding portfolio. The Commission of Inquiry had already been appointed. He
remained an Accountant offering private client accounting and corporate services; he
now declared that he had an interest in, or owned 8 pieces of land (one less than the
year before) and that he was now a shareholder in 7 companies (which themselves
held property interests apart from 3 of them (Paradigm Corporate Management, Gems
and Pearls Limited and Remax Elite).
1358. Between August 2003 & his resignation in 2009, Floyd Hall received a total of
$1,132,379.84 from the TCIG.
1359. His financial spending, we suggest, was completely inconsistent with this income.
Examples of FH’s financial activity in order to illustrate, it is suggested, the extent
and the scale of expenditure against his known income.
Lisa Hall
1360.It is convenient to deal with Lisa Hall now as she was during the relevant period
married to Floyd Hall. She was an employee of the developer of Seven Stars, Varet
Jak Civre and a Director of two of his companies.
1361.The Crown’s case is that LH assisted her husband to obtain the bribes and laundered
the corrupt payments opening bank accounts and buying property with transfers from
the John Doezer Account. Lisa Hall went to the US to open two bank accounts to take
in the money that was coming from Civre an overt act, it is suggested, in taking steps
to hide the proceeds of her husbands’ unlawful conduct.
McAllister Hanchell
1362.McAllister Hanchell – Appointed Minister for Communications Works and Utilities,
he went on to be the Minister of Natural Resources. The Crown’s case is that He used
his power and influence to participate in a Government that governed not in the public
interest but in his own interests, for the benefit of others known to him.
1363.In particular MH benefited from payments directly as a result of the monies paid for
the Salt Cay (Hoffman and the Centurion Card), Juniper Hole and West Caicos
developments.
1364.He used a legitimate business AL Services to receive monies that, as part of the case,
are funds from corrupt developers being laundered by Chal Misick or hidden
payments direct from the West Caicos development to his own South Caicos PNP
account and then to him via AL Services.
1365.Hanchell received $233,034.25 from the PNP during the 2004 – 2008 period.
1366.MH became Minister of Natural Resources on 6 February 2006, he had been elected
in August 2003. His financial profile has been evidenced from the time of his
election in August 2003 until mid-2010. We will concentrate on the period up to the
end of 2008.
1367.MH had a number of business interests when elected in 2003; he had a logistics
business (AL Services) and a shipping company (Caicos Shipping) and in February
2003 he had formed Caicos Oil Limited.
1368.In his 2003 declaration as recorded in the Register of Interests MH declared that he
was a Director and shareholder in AL Services Limited, a Director of Caicos Shipping
and Professional Accounting Services. He stated that he had nothing to declare in
relation to sponsorships, gifts etc. He had no property interests to declare.
1369.In 2004 he acquired an interest in some land that was to be used for the Casablanca
Casino (he held a 5% interest through Windsor Investment Group he was also a
Director of Hydronox a company that also held land – Floyd Hall also had an interest
in both of these companies. His FCIB account was credited with $192,000 and he
incurred $66,000 of credit card expenditure. His combined TCIG, AL Services and
PNP income was about $250,000 (including expenses).
1370.In the Register of Interests for 2004, MH declared that he had Directorships with AL
Services and Caicos Oil, he had no financial sponsorship gifts, etc, to declare, and he
had no shareholdings or liabilities to declare.
1371.In 2005 his bank account turnover grew to $712,000. He incurred credit card
expenditure of over $110,000 and having acquired a $40,000 in 2004 he spent
$50,000 on jewellery in 2005. Significantly he too began to build a home and spent
$132,000 on construction in this year.
1372.He received $170,000 including expenses and appears to have received $263,000
from AL Services as well as $5,000 from the PNP.
1373.In the Register of Interests for 2005, MH declared a new company Directorship
“Akita Ltd”, his occupation listed as a broker and that he had no financial
sponsorship, gifts etc to declare; he did declare property in East Cays, Silly Creek and
South Dock area, Directorships at Caicos Oil and AL Services, liabilities to FCIB and
Temple Mortgage “another bank”.
1374.In 2006 (he became Minister of Natural Resources in February 2006) he acquired land
on both Providenciales and Grand Turk, he increased his corporate portfolio by the
acquisition of companies that appear to have held property, Akita Holdings acquired a
CPL in relation to land on South Caicos.
1375.The credits to his FCIB account increased to $935,000 and he incurred credit card
expenditure of $413,000. He bought a new BMW car ($58,500) and spent over
$90,000 on jewellery. The construction costs at Silly Creek (his house) reached just
short of $790,000. His known and explained income from TCIG (including expenses),
AL Services and the PNP was over $750,000.
1376.In the Register of Interests for 2006, MH made no declaration.
1377.In 2007 MH was re-elected at the February Election. He purchased a town house that
was being constructed at the Golf Course, Providenciales, paying $69,000. A number
of new companies were formed relating, by title reference, to land, fuels and mart.
The FCIB account benefited from $2.9m in credits (over $1.2m was spent on credit
cards) and in excess of $325,000 was spent on jewellery. MH spent $1m on
construction costs of his new home in Silly Creek and $1m appears to have been spent
on his wedding to Desrene Delancy. His income including expenses from TCIG was
over $200,000, from AL Services about $575,000 (with AL taking loans of just under
$300,000). The PNP made payments to him in excess of $113,000.
1378.In the 2007 Register of Interests MH declared that he was a Director of Caicos Oil,
AL Services, Akita Ltd and Silly Creek House. He stated that the first three named
companies employed him and notified the name of his wife without stating any
occupation. He asserted that he had nothing to declare in relation to financial
sponsorship, gifts etc. He declared shareholdings in Caicos Oil, AL Services and
Akita Limited as well as land at East Cays, Silly Creek (his home), in South Dock the
business premises of AL Services and Caicos Oil and apartments at Long Bay. He had
liabilities to FCIB and Bank of Nova Scotia.
1379.In 2008 MH acquired more property an apartment and garage at the newly built
Regency Grand valued at $800,000, he took a loan from FCIB for $618,000 to
support the purchase. His FCIB account turnover was over $1.4m and he spent over
$850,000 on his credit cards, buying over $90,000 in jewellery; he appears also to
have invested in a boat (costing about $70,000). The construction of his house
incurred a further $420,000 in construction costs. His income from TCIG, AL
Services and the PNP totalled in excess of $1.05m.
1380.In the 2008 Register of Interests MH made no declaration to the Registrar.
1381.MH had a relationship with a lady from Miami, a friend named Roxanne Tazara
Chung. MH sent her $107,000 by wire transfer from various accounts, including by
instruction to Chalmers Misick ($70,000) and from his business AL Services.
1382.In order to see the peaks and troughs of MH’s financial fortunes a graph has been
prepared to show the credits and debits to and from his personal account at FCIB from
2004 to 2009. Although we recognise that he saw an increase in income as a result of
his drawings from AL Services the similarity with the peaks and troughs of MM and
Mr Floyd Hall’s income is to be noted. Some of the AL Services income has been
traced to what the Crown will suggest were corrupt payments, the account being used
to disguise those payments. Whether the success of AL Services whilst MH held high
political office was legitimate will be a matter which the court will wish to examine.
Lillian Boyce
1383.Minster for Education, Youth, Sports and Culture, and later Minister for Health,
Social Services and Gender Affairs.
1384.She was at the heart of the North West Point transaction that led to her gaining
without any legitimacy a significant sum. She eventually led a vote of no confidence
against MM February 2009. She was a beneficiary of the North West Point
transaction receiving in excess of $1,000,000.00.
1385.Her role in Cabinet meant that she was present and took part in decisions in relation to
developments.
1386.She was interviewed in May and November 2011 and in summary after caution stated
that as a Minister there was an obligation to tell the truth and not mislead Cabinet,
further there was a Ministerial duty not to cause loss or injury to the TCI economy
and revenue. She was asked to explain her role in Cabinet she stated business was
pre-determined between the Governor, relevant Minister and the AG, she stated that
Cabinet was not the place to raise objections or concerns on matters she disagreed
with, and in essence she stated Cabinet was a ceremonial process.
1387.She stated that she did introduce the NWP land deal to ER and that she did complete
the applications for CPLs for SB and ER as she was in Grand Turk, and they were
not. She claimed she had no further dealings with the project and left it to ER and
another, and at no time did she use her Ministerial role to secure Crown land for ER.
She denied signing any other documents other than the CPL application. She did go
on to say that she did not discuss the deal in any depth at all with ER not even after it
was mentioned in Cabinet. She stated that she now wished that she had paid more
attention. She stated that she could not explain why she did not declare an interest and
leave the room when the matter was raised in Cabinet but did go on to say that she
understood the rules as applying only to a spouse and child.
1388.In respect of the $1,000,000 cheque which she received LB stated that she was
holding the money on behalf of ER and that as he had no immediate plans for it she
asked ER if she could borrow $600,000 to secure a loan to set up a car hire business.
LB claimed the remainder was set aside for ER’s use but following a fire at their
mother’s house ER used in the region of $300,000 to renovate the house although she
was unable to precisely quantify this. She was asked what she did with the monies
that she drew down from the deposit, each expenditure was put to her, she claimed
that whatever any benefit was that she had gained it was always her intention to pay
ER back the full amount.
1389.In respect of the monies paid to MM, LB claimed that MM contacted her and asked to
loan funds from the monies ER had received. She claimed MM contacted her several
times and she finally contacted ER who agreed to lend MM $100,000. LB claimed it
was a legitimate loan that he needed and was shocked to find in the CoI that he had
other monies and was not living off his salary like herself and other Ministers. This is
obviously only evidence against LB. In a pre-prepared statement LB stated that “in
response to my arrest I wish to clearly and categorically confirm for the purpose of
this interview that I never knowingly acted illegally”, she goes on to continue to deny
any wrong doing and maintains her innocence.
1390.A financial profile has been prepared.
1391.In 2003 at the time that the PNP won the election Mrs Boyce (who was still at that
time Lillian Been) held interests in 3 parcels of land, including the land on which the
Airport Inn Hotel stood. She held Directorships in the National Car Rental company
and the Hotel. She had bank accounts (business and personal at FCIB). She was
indebted to the bank. Her income from TCIG in 2003 amounted (with expenses to
$72,500). She received no funding from the PNP.
1392.In her Register of Interests 2003 she declared directorships of National Car Rental and
the Airport Hotel, she declared no financial sponsorships gifts, etc. She declared an
interest in the land on which the Airport Plaza where the hotel stood and stated that
she was indebted to Barclays Bank.
1393.In 2004 Lillian Boyce applied for and was granted a CPL in Chalk Sound
Providenciales, a CPL for a parcel of 8 acres in North Caicos for a commercial
development and 2 further commercial CPL’s in respect of parcels in Providenciales
(at Grace Bay and The Bight). Two companies were incorporated in respect of which
she had an interest one called KSK Limited (which became a holding company for
the rental and hotel businesses) and Island Publishing. She had a personal saving
account with a turnover of $160,000.
1394.Between 2003 & 2009 Lillian Boyce received $1.3 million in round sums from the
TCIG.
Jeffrey Hall
1395.Jeffrey Hall was elected in August 2003 at first he was responsible for finance,
national insurance, housing, immigration and labour. We suggest he used his
authority to govern for a government not in the public interest but his friends, family
and colleagues. When he was re-elected in February 2007 he was appointed Minister
for housing, agriculture, works, telecommunications and water and sewage. He
resigned on the 14 August 2009.
1396.He used his power and influence to participate in a Government that governed not in
the public interest but in the interest of himself, of friends and relatives and therefore
to the detriment of ordinary people.
1397.When he was asked for interview he declined to answer any questions.
1398.In 2003 when he was elected he was a landowner. Some of the land he owned was
declared on his first declaration of interests for the register however four parcels of
land were not so declared. No income outside his income as a politician was found
and he did not appear to have any business interests. He had bank accounts at FCIB
and Scotiabank. He had a Ministerial credit card with Hallmark Trust. His 2003
income including expenses was just $42,000. He received $1,000 from the PNP.
1399.In the 2003 Register of Interests he declared no other businesses for himself or his
wife and declared no receipt of any sponsorships or gifts. He simply declared that he
owned 2 parcels of land (one at Chalk Sound and the other at Long Bay).
1400.In 2004 he had acquired almost ½ acre of land at The Bight (August 2004). A charge
was placed on the property for $200,000 in the name of Temple Mortgage Fund
Limited. A bank account in the joint name of Mr J Hall and Charles Hall was credited
with over $150,000 and just short of $131,000 was debited from the account. An
account was opened at Belize Bank and there was one untraced credit of $39,960; a
sum which would suggest that it was $40,000 minus a $40 charge. The Hallmark
Ministerial credit card incurred expenditure of $34,750. His expenses and income
from TCIG totalled $121,000. He received $5,000 from the PNP.
1401.In the 2004 Register of Interests Jeffrey Hall declared that his only employment was
as a Minister and member of the legislative council and that he had received no
sponsorship, gifts etc. He declared the same property interests as the year before and
referred to the same banking institutions to whom he owed money. There was no
mention of the charge in the name of Temple Mortgage Fund Limited.
1402.In 2005 the joint account with Charles Hall received credits of $434,000. He opened a
credit card account with Scotiabank and FCIB and he incurred expenditure of
$41,000. His income including expenses from TCIG was $150,000. He also received
$100,000 from McLeans Solicitors, (which the Crown suggest was in connection with
North West Point) and the PNP transferred $15,000 to him.
1403.In the Register of Interests for 2005 Jeffrey Hall declared a Directorship and
shareholding of Urban Development Limited, Alliance Realty, no interest in land, but
he declared liabilities with Bank of Nova Scotia, FCIB and Temple Mortgages.
1404.In 2006 Jeffrey Hall’s property interests remained the same. His wife’s bank accounts
saw an increase in turnover to about $150,000, in addition she opened a savings
account with credit of $50,000. The joint account with Charles had credits over
$620,000. The Alliance realty account (in which he had declared an interest the year
before) received $3.45m. He received just under $135,000 from the TCIG (including
expenses) and payments from the PNP of $26,000.
1405.In the Register of Interests for 2006 Jeffrey Hall declared that he was a Director of
Urban Developments Limited had nothing to declare in relation to the sponsorship,
gifts etc. Apart from stating the shareholding in Urban Developments Limited, he
restated that he had liabilities with the financial institutions that he had noted the year
before.
1406.In 2007 the year of the re-election of the PNP, Jeffrey Hall paid off a mortgage
($200,000) and started development of land as a conference centre. He was a
shareholder with Melbourne Wilson in Alliance Realty Limited holding a 40%
interest. The bank accounts of his wife turned over $175,00 and the account with
Charles Hall $462,000, the Alliance Realty account was credited with $440,000.
Credit card expenditure was just short of $100,000. He received, including expenses
$190,000 from TCIG, and the PNP transferred $65,000 to him.
1407.In the Register of Interests for 2007, Jeffrey Hall made no declarations of
Directorships nor that he had received any financial sponsorship gifts, etc, he simply
declared 2 parcels of land and the same liabilities to the same financial institutions.
1408.In 2008 Jeffrey Hall sought and obtained a commercial lease on land in The Bight. He
also now was recorded as a shareholder of Alliance Realty to the extent of 40%. The
bank accounts of his wife received just over $150,000 and the account with Charles
was credited with just over $390,000. Alliance Realty was credited with just short of
$128,000. The Mrs Hall savings account was credited with $53,000 and the same
amount was withdrawn. Credit card expenditure was recorded as just over $105,000.
Jeffrey Hall received over $210,000 from TCIG including expenses and the PNP paid
him $20,000.
1409.In the Register of Interests for 2008, Jeffrey Hall declared no Directorships, no
financial sponsorship, gifts etc. and had no trade or profession apart from his role as a
member of the House of Assembly. He declared 4 properties all on Providenciales
and shareholding in Alliance Realty. Four financial institution liabilities were
identified.
1410.By the end of 2009 the financial profile of Jeffrey Hall reveals that he had obtained an
option to purchase land, he resigned from Alliance Realty on the 18th February and
his bank accounts (and those of his wife) saw a significant reduction in credits. His
income from the TCIG reduced (it was $69,000) the PNP made no payments to him.
1411.A schedule has been prepared setting out the income received from TCIG (noting that
he declared no other income) with the monies passing through the joint account with
Charles Hall. The inferences to be drawn are plain. By reference to the excess of
credits over income and the timing of the peaks it is clear that Mr Hall principally
benefited from a payment related to NWP but that he also was allowed a share (not as
great as others), in the spoils of power.
Thomas Chalmers (“Chal”) Misick
1412.Chal Misick an Attorney is a brother of Michael Misick.
1413.The Crown’s case is that He assisted in particular in laundering the benefits of the
corrupt and dishonest activates on behalf of his brother and others, in particular MH.
He played a leading role in the arrangements relating to the receipt of bribes by MM
and the transaction relating to a prospective development at Water Cay, Juniper Hole,
Beaches, Salt Cay (involving the Centurion American Express card).
1414.When he was asked for interview in November 2011 he declined to answered any
questions on the basis that the SIPT had already made their minds up to charge him.
1415.Scotiabank (one of Mr T.C Misick’s bankers) required him to submit a statement of
affairs from time to time. We have those for October 2003, January 2006, June 2007,
August 2008 and December 2009. These are as presented by Mr T.C Misick, so
unless he asserts to the contrary and given that they are required by the bank for their
banking purposes the inference must be that they are good staging points of his
declared financial well being.
1416.Chal Misick was admitted to the Bar of the TCI in November 2003. He established
the law firm Chalmers & Co in April 2005.
1417.Given that he was new to the legal profession and that he only formed his practice in
April 2005 the monies that we will see passing through the account of this new young
lawyer are, to say the least, quite staggering.
1418.He was employed by Misick and Stanbrook Attorneys at Law in 2003/4. His salary
was $36,000 and he had rental income of over $115,000. He was servicing debt to the
tune of $70,000. His net asset position (based on his stated property holdings and his
car) was about $580,000. He had an interest in TCM Associates (for over 10 years)
and also Windsor Apartments.
1419.In 2004 he became a Director, Secretary and shareholder of Windsor Investment
Group Limited and Hydronox Limited plus continuing to hold a bank account in the
name of T Chal Misick Associates. The total credits in 2004 were $208,401.70; he
spent more than he received.
1420.In 2005 he benefited from the CLP by receiving a half acre plot of beach front
property. He also stated to the bank on 17th January 2006 that he then owned a
property in Queen Angel Condominiums and St Charles Condominiums but they were
transferred by the developer until September 2006 and July 2007 respectively. He also
became a Director of a number of companies; including Chalmers Management
Limited, Windsor East Limited, Windsor West Limited, HYD Limited and Solana
Land Holdings Limited. Whilst there was no registered legal entity, Chalmers & Co
operated accounts (client and office) from June 2005. All his accounts (including the
client account) were credited with $3,717,043 during 2005, he withdrew $3.5m,
1421.In 2006 Chal Misick obtained land on North Caicos, benefitting from a Crown Land
Lease. He become interested in further companies, including Sunset Beach Ventures,
Business Ventures Limited and The Point at West Caicos Limited. His personal and
office account turnover was over $300,000 and his client account received $12.5 m.
1422.In 2007 he became connected with further companies associated with Michael Misick
and his wife Lisa Raye McCoy as well as a company connected with the Salt Cay
development. His personal and office account turnover was about $450,000 and his
client account received $18.1m; a new account at BCB received $5.9m but was
debited with $9.9m. Other accounts, which he was managing, received and paid out
funds (including White Sands Design and Management Construction Limited -
$1.7m). West View Development was credited with $24.9m (by way of loan from
BCB) of which $20.886m was debited. These funds are connected with the West
Caicos development. The turnover of his various accounts was in excess of $77m.
The movement of funds in 2007 was over $100m; when taking account of money
transfers, deposits and inter account movements.
1423.Indeed, Lisa Raye McCoy regarded Chal Misick as Michael Misick’s accountant, who
dealt with all the monies, the bills and everything for the house, the wire transfers, the
finance, everything. She never saw Michael Misick pay any bills. There was an
occasion, which Ms McCoy does not date when she asked Michael Misick for $1m;
she wanted a separate account. Sometime later she went to Chal Misick’s office and
there MM wrote a cheque and gave it to Chal Misick to pay in. She never had any
money problems with MM. The $1m was paid into an account in the name of MyWay
Productions 2. This $1m was part of the proceeds of the $6m loan from J&T Banka.
1424.In 2008 his personal and business account turnover was over $1.5m and his total
account turnover was over $21m. There were a great deal of money movements and
inter account transfers in 2008 as the gross turnover reached over $190m.
1425.On the 7th February 2008 he became a signatory on the My Way Productions account
(unknown to Lisa Raye McCoy). The account, as we have begun to illustrate during
this opening, was used to receive money for work undertaken by Lisa Raye but was
also used by the Misick Brothers to hide and launder the proceeds of criminal activity.
Credits before and after Chal Misick became a signatory are not recognised by Ms
McCoy who did not see the bank statements because there was not much business.
1426.In 2009 his total account turnover was $3.7m, however funds movement between
various accounts were over $130m.
1427.In 2010, 10 companies were struck from the register. The turnover on all his accounts
was under $575,000.
1428.Whilst the peaks of money moving through Mr Misick’s accounts is some indication
we submit of the knowledge that he must have been accumulating as to what was
happening and what he was allowing himself to be drawn into; it is the payment and
distribution of the funds, and his activities in relation to companies that give the
irresistible inference that he aware and party to the agreements to which he has been
indicted, and that he was in fact the private banker of his brother and also from time
to time for MH. By way of example in between November 2007 and August 2008 he
sent regular transfers of money to Mildred Rivas a former partner of Michael Misick,
totalling about $110,000. He also sent to Roxanne Chung, a friend of McAllister
Hanchell’s $50,000 between October 2007 and May 2008. During this time funds
were being deposited into his account from various sources. In May and August 2008
he sent 2 payments of $100,000 to American Express (in relation to the Centurion
Card of Michael Misick).
Clayton Greene
1429.Clayton Greene an Attorney, member of the PNP, speaker of the House of Assembly,
and an elected member and an advisor in relation to some land purchases.
1430.The Crown’s case against CG is that He used his position as an attorney to launder the
proceeds of crime. In particular, the Court will be concerned with his roles in relation
to Water Cay with Chal Misick, Juniper Hole again with Chal Misick and his conduct
in relation to the rather curiously named client account John Doezer which he set up
for the benefit of Floyd Hall. In interview he explained that the reason he did this was
to prevent his junior associate from discovering that he was dealing with a politician’s
business.
1431.When he was interviewed he explained that he was a criminal Attorney with an
increasing knowledge of corporate matters. He explained that Floyd Hall was a first
cousin. He had not really applied his mind money laundering issues as a criminal
lawyer. He was asked about $1m which he had received and why he had put this into
the TCI Bank and not with the Attorney’s usual bankers ScotiaBank. He said that
TCI Bank “were aggressively seeking customers”. He had asked Earl (who he had
always known as Earl but who is in fact Quentin Hall (a student in Rhode Island) the
recipient of $1m from the NWP transaction) whether he minded, and had become
aware that there was no objection. He therefore put the money in that account, which
had already been opened.
Melbourne Wilson
1432.Melbourne Wilson is an Attorney. The Crown’s case is that he dishonestly dealt with
a number of aspects of the North West Point land deal which caused financial
detriment to the TCIG, its electors and residents. As a result of his dealings he was
able to gain a significant amount of money.
1433.When he was interviewed in October/November 2011 he stated that he was the
attorney that had represented JH, QH, SB and ER in the NWP land deal, he stated that
he had also worked for Wex.
1434.He said that he was a personal friend of JH.
1435.He had been first approached by Timothy Smith, a Realtor who had a client who
wished to develop land in Blue Hills, Providenciales. He said that he enquired with
the Land Survey Office to secure the names of landowners in the area. He stated that
he was provided with a list, which he showed to Smith, Smith selected the names after
visiting NWP and viewing the land. He said that he then contacted the Belonger
group.
1436.He denied visiting the site himself with Mr Green.
1437.Despite acting for the Belonger group he stated that he did not know whether each
held a CPL or freehold. He stated that he did not retain any documents in respect of
this transaction.
1438.He said that the Belonger group were told by Wex and Smith that they would retain
an interest in the development although he did not know what role they were to
perform.
1439.He also said throughout that he put together some client documentation but he had left
this at the offices of Bishop, Papachristou, Prudhoe and Wilson when he left the
partnership. He said that he had not made any enquiries or had any involvement in the
financing of the project.
1440.He had no recollection of how the $200,000 deposit Wex had sent to him was used,
and stated he could not remember JH receiving any payments from those funds.
ARMQC: That is our opening during which we have sought to set out the case against
each defendant. We will turn to the evidence upon the return.