The Financial Investigations Division (FID) secured a significant judgment in the Manchester Parish Court on March 25, 2024. Wayne Afflick, a St. Andrew-based businessman was ordered to forfeit J$4,538,000 and US$ 9,100 to the Crown in accordance with Section 79 of the Proceeds of Crime Act (POCA). This is the result of the collaborative efforts of the FID, the Jamaica Constabulary Force’s (JCF) Narcotics Division and Constabulary Financial Unit (CFU).
Keith Darien – Principal Director of Investigations, FID
The FID’s Principal Director of Investigations Keith Darien noted, “This forfeiture order serves as a strong message that the FID and its law enforcement partners, like the JCF, through its specialized units like the CFU and, the Narcotics Division is committed to dismantling the financial infrastructure of criminal activities. It exemplifies the effectiveness of interagency collaboration in targeting and disrupting financial crimes.
This case reinforces our collective resolve to maintain the integrity of Jamaica’s financial system and it underscores the dedication of the FID to combat financial crimes in Jamaica through the strategic widening of the use of POCA across law enforcement agencies.” He added, “The forfeiture order is a significant step in ensuring that proceeds from criminal activities are recovered and repurposed for the public good.”
Background
On March 2, 2017, during an operation conducted by the JCF’s Narcotics Division in Mandeville, Manchester, police officers intercepted a car driven by Wayne Afflick. A thorough search revealed a large sum of cash, totaling J$4,538,000 and US$ 9,100, concealed in three bags in the car.
He initially claimed the cash was for foreign currency trade purposes but could not provide any supporting documentation.The cash was seized under Section 75 of the Proceeds of Crime Act (POCA) then deposited in an interest-bearing account held by the Assets Recovery Agency pending the outcome of the Court proceedings.
Investigations conducted by the CFU revealed numerous inconsistencies in his statements. There was a lack of evidence supporting his claims of legitimate business activities, including foreign currency trading and the importation of electronics and auto-parts for resale. His claim of receiving funds from his mother’s share in a power services company could not be substantiated Further, communication with the Jamaica Customs Agency revealed no transaction history with Afflick.
Based on these findings, it was determined by the Court that the seized cash was likely obtained through unlawful conduct or was intended for use in unlawful conduct. The Court therefore ordered the forfeiture of the cash along with any accrued interest, as well as the costs of the legal proceedings to the Crown.