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Crown land, cash recovery halfway home PDF  | Print |  E-mail
Written by Richard Green/richard@fptci.com   
Thursday, 28 July 2011 09:43

Recovering Crown land and money owed government over the last 18 months has been successful, but it will take another 12-18 months to recover “several hundred millions of dollars of land” for the government, the Civil Recovery Team says.

“Trials will likely have taken place on all the major cases within this time frame, and we would hope to have completed work on many of the smaller claims,” said Laurence Harris of Edwards Angell Palmer & Dodge. The international law firm was hired by government to take back Crown land wrongly granted and to recover money owed to the government.

“Appeals, where they take place, inevitably lengthen the process, but we are doing everything we can to move cases along as quickly as we can,” Harris explained.

The team led by Harris has made 29 separate recoveries of land and/or cash, including more than 600 acres of Joe Grant Cay sold to developer Cem Kinay for $7.7 million. The property had been valued at $178 million, but Kinay bought it at a fraction of that price shortly after giving $500,000 to former Premier Michael Misick.

Harris recently won a judgment of $975,000 against Emerald Cay Ltd. and Worldwide Commercial Properties for stamp duty that was underpaid in the $28 million sale of Emerald Cay to American billionaire Timothy Blixseth. A judge ruled the transaction was “a carefully crafted scheme of tax evasion” and will consider awarding the government even more money damages in a continuing legal battle.

Blixseth denies any wrongdoing. He is fighting the TCI proceedings and is suing Worldwide Commercial Properties in U.S. District Court in Miami.

Among cases set for trial is the government’s request to halt the development of Salt Cay and return 239 acres of Crown land that was leased for $1 per acre. The claim alleges that Misick, his brother Chal Misick, and former Minister of Natural Resources McAllister Hanchell all benefited from the deal.

In addition to the recovery of Joe Grant Cay, another 17 parcels of property have been recovered across the islands, ranging in size from less than a half acre up to 10 acres. The total value of the land recovered is said to be “many tens of millions of dollars.”

“By the time the programme comes to an end, we now expect to have recovered several hundred million dollars of land for the government,” Harris said. “This land bank will, I hope, help to provide a more secure long-term future for the islands.”

“As the Civil Recovery programme gathers pace, we are starting to see settlements in some claims,” he explained. “We strongly encourage settlements where possible. It saves time and money for both the government and the potential defendant.”

Harris has said that the team will not reveal the names and conditions of settlements to encourage people and businesses to settle out of court.

“It is encouraging to see the Civil Recovery programme beginning to gather pace,” said Attorney General Huw Shepheard. “The programme was one of the key recommendations of the Report of the Commission of Inquiry, and its successful implementation is an important milestone for the government. The importance of the recoveries to the long-term future of the islands cannot be overstated.”

Sir Robin Auld’s 2009 commission report also recommended criminal investigations of Misick, several of his former ministers and others on allegations of corruption. The Special Investigation and Prosecution Team has been at it for more than a year without making any charges, though lead prosecutor Helen Garlick has estimated that action could be taken before the end of the year.

In 2010-11, the government spent about $4.6 million on the SIPT and about $4.2 million on Civil Recovery, but the U.K. picked up the tab for both. This year the government has budgeted $6 million for SIPT and $4.5 million for Civil Recovery.

 

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