Forfeiture of US$22,486 from Rogelio Smith on August 14, 2017 at Sutton Street Parish Court
On Tuesday April 3, 2012 Rogelio Smith was stopped at Norman Manley International Airport by officers from the JCF Narcotics Division. During the course of a search of his luggage US$22,486 was found which was not declared on the relevant documentation when entering Jamaica. When questioned about the source of the funds he was unable to properly account for its origins and consequently the officers seized the cash using the powers provided by POCA.
Subsequently the FID was contacted and undertook an investigation into the cash. Following their investigation it was decided there were sufficient grounds to apply for its forfeiture and an application to this effect was made to Sutton Street Parish Court.
On the 14th August 2017 Her Honour Ms. Opal Smith agreed with the FID position and ordered that the sum of $22,486 be forfeited.
Forfeiture of J$199,000 from Jasmine Spleen on August 21, 2017 at Sutton Street Parish Court
In April 2013 officers from the Counter Terrorism and Organised Crime Investigations Division (C-TOC) conducted a search at the home of Ms Spleen. During the course of the search J$199,000 was found and, as Ms Spleen could not offer a coherent account as to the source of the cash, it was seized under the powers provided by POCA.
The FID were contacted and assisted C-TOC with the investigation into the derivation of the cash. Following the investigation it was concluded that there were sufficient grounds to ask the court to forfeit the cash on the basis it was the proceeds of crime.
Following an uncontested hearing at Sutton Street Parish Court on August 21, 2017 Her Honour Ms. Opal Smith concurred with the view of the FID and ordered that the J$199,000 be forfeited.
Forfeiture of US$52,324 from Shanee White on September 8, 2017 at Sutton Street Parish Court
On July 19, 2014 Ms. White was stopped at Norman Manley International Airport by officers from the JCF Narcotics Division. Her luggage was searched and the cash was found concealed in the lining of her suitcase. Given the location in her luggage where the cash was found and her inconsistent explanation as to the source of the cash officers exercised their powers under POCA and seized the money.
In conjunction with the Narcotics Division the FID conducted an investigation into the origins of the cash. At the conclusion of it the FID formed the view that there were grounds to seek the forfeiture of the money and a formal application was made to Sutton Street Parish Court.
Following a number of court hearings Her Honour Ms Opal Smith ordered, on September 8, 2017, that the money be forfeited to the crown.
Forfeiture of J$850,000 from Kamal Morrison on September 21, 2017 at Manchester Parish Court
On Friday, August 19, 2011 in Mandeville, Manchester, a vehicle containing Kamal Morrison, was stopped and searched by officers from the JCF. During the course of the search Morrison was found in possession of J$850,000 in cash. Morrison gave a number of conflicting accounts as to how he acquired the money and as a consequence a decision was taken to seize the cash using the powers afforded under POCA, 2007.
The FID was subsequently informed of the seizure of the cash and an investigation was undertaken into the derivation of the money. Following a thorough investigation the FID applied for the forfeiture of the cash on the basis that the cash was the proceeds of crime or intended for future use in crime.
On September 21, 2017, following a contested hearing at Manchester Parish Court, Her Honour Ms. D. Alleyne ordered the forfeiture of the J$850,000 plus interest to the crown.
Forfeiture of J$480,000 from Dajour Angling on Tuesday October 03, 2017 at Trelawny Parish Court
On July 31, 2015 during a vehicular check point operation being conducted by JCF officers along the Wilshire Main Road, Trelawny a public passenger bus was stopped. Whilst the bus was stopped officers had reason to search the belongings of one of the passengers, Dajour Angling. During the course of searching his travelling bag $530,000 was found. He was asked to account for the money but was unable to do so and the money was seized under POCA.
The FID undertook the investigation on behalf of the JCF and subsequently applied for the forfeiture of $480,000 of the seized monies on the basis that the cash was the proceeds of crime or intended for future use in crime.
On Tuesday October 3, 2017, $480,000 was forfeited to the crown following an uncontested hearing at Trelawny Parish Court. The sum of $50,000 was released as the investigation had established that there was a legitimate derivation to this money and belonged to a family member.
Forfeiture of US$56,300 from Shannickie Bowen et al on October 12, 2017 at Sutton Street Parish Court
On January 19, 2013 at Norman Manley International Airport (NMIA) cash totalling US$56,300 was seized from Shannickie Bowen, Deloris Swaby, Brenton Palmer and Rudolph Hardial.
The facts of the case are that Hardial was stopped at NMIA and, when he was subsequently searched, US$20,000 was found in his possession. It was established that he was travelling with Swaby, Palmer and Bowen. All three were also stopped and searched and cash in the amounts of US$2,000, US$11,900 and US$22,400 was found on them respectively. Based upon the circumstances of the finding and the explanation given as to how they came by the cash it was seized under POCA 2007 using the powers outlined above.
Following an investigation by the FID an application for forfeiture of these monies was sought. On October 12th, 2017 following an uncontested hearing at Sutton Street Parish Court Her Honour Ms. Barnaby concurred with the FID that the cash was in all likelihood the proceeds of crime or intended for future use in crime and ordered the forfeiture of US$56,300.
Albert Stephens Principal Director of Investigations at the FID said:
“We at the FID along with our partners in the JCF and other agencies are committed to taking the profit out of crime and will continue to robustly apply the legislation available to allow us to do so. This money is passed to the government for use in a wide range of areas including the criminal justice sector.”
The Financial Investigations Division (FID), a part of the Ministry of Finance mandated to tackle financial crime and money laundering, is pleased to update members of the media on a recent success in relation to six cases brought under the Proceeds of Crime Act 2007.
The FID utilises powers under POCA which allows for the seizure of cash suspected to be the proceeds of crime or intended for use in some future crime in circumstances where persons are found in possession of sums in excess of J$100,000 or its equivalent in any other currency and the explanation for the sum raises the requisite suspicion.
Following investigations into the origins of such funds a request can be made to a court for the cash to be forfeited and a hearing will then take place before a judge of the Parish Court, who will order forfeiture if satisfied that the cash is indeed the proceeds of crime or intended for future use in crime.