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What dirty money? Money is fungible!
published: Friday | November 21, 2003

By Dennie Quill, Contributor

AS I sat down to write my column this week I received word that Cable and Wireless has disconnected the telephones in several police stations owing to piles of unpaid bills.

I hope the telephones of Deputy Commissioner Lucius Thomas remain in good working order for a long time because I envisage that he will be extremely busy in the coming days as he searches for tainted money among donors to the recent successful campaign of Jamaica Labour Party's Deputy Leader James Robertson.

At first I didn't think the Commissioner was serious about diverting a senior member of his staff from otherwise serious business to look into these allegations but as time wore on it became clear that he was pressing ahead with these investigations. Give me a break.

TAINTED MONEY

Speaking on a radio programme an irate Edward Seaga, the JLP leader described "tainted money" as illegal money. This opens up a world of possibilities: stolen money, drug-trafficking money, smuggling money, tax violation money, bribery money etc.,

After Mr. Thomas has spoken to Mr. Seaga and gathered information from him, his best bet is to head to the banks on which these donors' cheques were drawn - I can't imagine that they were handing over sums of $250,000 in cash.

SUSPICIOUS TRANSACTIONS

Perhaps the Deputy Commissioner will need a court order to look into accounts. I believe in the wake of Money Laundering legislation the banks have a responsibility to check the integrity of their customers and report suspicious transactions. If their clients are believed to have obtained money illegally the banks should not be doing business with them.

Having determined that these sums of money were derived by illegal means what will the Deputy Commissioner do? Will the investigation lead to arrests? Let's say a man was convicted of drug trafficking charges, he served his time and he has reintegrated himself into society. He is now running a successful business and he gave a donation to the Robertson camp, is such money described as tainted? My friend keeps reminding me that money is fungible so one can never be sure with the co-mingling of funds which part is dirty and which part is clean.

Then what of the beneficiaries? Should people who receive donations in cash or kind which they know or reasonably suspect to be derived from illegal means be punishable under the law?

Jamaica abounds with rumours about how many business persons got their start with that first shipment of ganja.

True or false, we are talking about some of the people who are regarded as the pillars of the business community. What about those business people who continually evade customs duties by under-invoicing goods?

ILL-GOTTEN GAINS

Are these the kind of people with tainted money? How about the faceless gun smugglers are they sharing some of their ill-gotten gains with politicians?

Many readers will remember the late Keith Gordon, head of the Coptic organisation in Jamaica. His empire which cut a path from Trelawny to St. Thomas was as rich as it was extensive.

UNLAWFUL POSSESSION OF MONEY

Once the police raided his home and found some $75,000 in a chest (lots of money in those days) he was arrested and brought before the court. I believe the charge was unlawful possession of money.

During the long trial in the Half-Way Tree criminal court he sat in the dock totally oblivious to the legal arguments that were being posited. He displayed a rather bored air, kicked back his feet and slept most of the time.

At the end of the trial the judge found that the prosecution had failed to prove its case and the police were ordered to return Mr. Gordon's money to him. The Police had a pretty good idea where this money came from - but they had no proof. Mr. Gordon was a legitimate businessman. Money, as they say is fungible.

Having said all of that I do wish Mr. Thomas well in his investigations for I think dirty money ought to be put to good use. And there is plenty of it around.

According to IMF statistics, the amount of dirty money being circulated in the international financial system is between US$500 billion to US$1.5 trillion a year. I don't know where Jamaica falls but you know we are somewhere there.

The laws should be such that money which is determined to be have been the ill-gotten gains of criminals should be used to fund the police so they can take more of them off the streets. These funds could pay some telephone bills so that the police can be more efficient and effective in carrying out their duties.

But Mr. Seaga now says he is satisfied that only clean money was funnelled into Mr. Robertson's campaign - is this an attempt to put a positive face on an ignoble retreat? Let's see what Mr. Thomas finds.

Dennie Quill is a veteran journalist.

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