business@tribunemedia.net
WEDNESDAY, JANUARY 16, 2019
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BENJAMIN ALDERSON
Bahamas founder defeats ex-boss over SEC fees By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BAHAMIAN financial advisory firm’s founder has emerged victorious in his battle to force a former employer to cover legal fees incurred in fighting US federal regulators. Benjamin Alderson, who formed Sandyport-based Touchstone Advisory in 2017, saw a US arbitrator uphold his demand that DeVere USA pay his legal fees and expenses in defending a Securities & Exchange Commission (SEC) action against him. That action involves alleged acts that occurred when he worked for DeVere prior to leading a management buyout of the latter’s Bahamian subsidiary for £100,000 in May 2017, and its recasting as Touchstone Advisory. Retired US justice Theodore Katz, in his January 2, 2019, arbitration ruling, noted that the DeVere Bahamas sales agreement, signed by both Mr Alderson and Nigel Green, the group’s founder, contained language that pledged to “promptly” pay legal fees owed to his US attorneys. However, DeVere fell behind to the extent that Mr Alderson’s legal representatives were owed some $97,694 for defending him against an SEC lawsuit that alleges he and a former colleague “defrauded clients” by “concealing serious conflicts of interest” and misleading them about the advantages of an offshore pension plan. DeVere ultimately settled the SEC’s action against itself for $8m in June 2018, leaving Mr Alderson fighting on two fronts - against his former employer for payment of his legal costs while battling the US capital market regulator over
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DPM blasts ‘unpatriotic’ 35% devaluation claim By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
T
HE deputy prime minister yesterday slammed “false rumours” of a 35 percent currency devaluation and second VAT hike as “unpatriotic” for threatening The Bahamas’ economic stability. KP Turnquest, moving rapidly to dispel social media speculation that had “gone viral”, blasted the spread of such claims as “very irresponsible” given that they could “shake the confidence” of both consumers and Bahamian businesses in the economy’s prospects. He warned that it could also “cause concern internationally”, given that it may be picked up by foreign investors and companies conducting business with The Bahamas, as well as the likes of the International Monetary Fund (IMF), Moody’s and Standard & Poor’s (S&P), with the latter two constantly
• Also ‘zero truth’ to further VAT hike • ‘False rumours’ threat to economy • KP ‘hopes’ politics not behind spread • Urges more critical eye on social media
KP TURNQUEST monitoring this nation’s creditworthiness and ability to pay its bills. Voicing concerns over the potential damage to The Bahamas’ reputation, Mr Turnquest said the situation was “not a very good reflection on us as a people” and expressed hope that the
Financial services to ‘come back stronger’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The deputy prime minister yesterday admitted there may be “some initial contraction” as the Bahamian financial services sector adjusts to its new regulatory regime, but expressed confidence it will ultimately “come back stronger”. KP Turnquest told Tribune Business there would inevitably be some shakeout as the industry adapts to the “economic substance” requirements imposed by the European Union (EU) and Organisation for Economic Co-Operation and Development (OECD), and the elimination of “ring fencing”, but argued that The Bahamas’ “quality”
reputation will see it reemerge again. Speaking as the prime minister met with senior EU officials to reaffirm The Bahamas’ intentions to meet its demands, Mr Turnquest voiced optimism that this country was “in good shape” to avoid the 28-nation bloc’s “blacklist” that is due to be announced later this month. “Our regime is pretty much benchmarked with all jurisdictions of like size and scope, so we believe we will be competitive in our sphere,” Mr Turnquest told this newspaper of the new financial services supervisory framework. “We anticipate that while we may find some initial contraction, as we always do when there are changes of
rumours were not ignited by political mischief. He urged Bahamians to apply more scepticism and critical analysis to social media postings, rather than immediately accepting them as fact or Gospel truth and starting to spread them themselves. Mr Turnquest and the Ministry of Finance were forced to assert that the Bahamian dollar is under “zero threat of devalaution” as even attorneys were asking Tribune Business whether the claims relating to this and another VAT hike were true. Alarmist social media messages seen by Tribune Business, under the banner “Breaking News”, warned: “The financial crisis will hit by March 2019. The Bahamian dollar will be
devalued to 65 cents to every US dollar. “The VAT will increase to 15-18 percent by March 2019. The Government is not being truthful at all. We need help.” Another referred to “the upcoming increase in VAT to 15-18 percent that the Government has planned for us on July 1”. Hitting back, Mr Turnquest told Tribune Business: “It’s very irresponsible of people to be floating these kind of false rumours as they tend to shake the confidence of the general public who are unsure whether they are true or not. It does also have the potential to cause concern to international parties. “It is very unpatriotic,
this nature, at the end of the day clients return to quality and there is no doubt that The Bahamas is a quality jurisdiction. We anticipate we may have a bump in the road, but we expect the industry to come back stronger and adjust to the regulations as required.” While expressing confidence that The Bahamas has done everything necessary to avoid the EU “blacklist”, Mr Turnquest said: “We had outlined to the EU last year a timeline for implementation of various initiatives and we have met all our targeted deadlines. As far as we’re concerned we’re in good shape. We have addressed all the follow-up questions put to us, and await the final assessment by the EU’s Code of Conduct Group. “We certainly expect to have a favourable review but, at this stage, it’s in the hands of those who will be the judge, jury and executioner. We’ve certainly complied
with all the standards, the supporting paper that was presented to us, and believe we have done enough.” Dr Hubert Minnis, together with Carl Bethel QC, the attorney general, met in Brussels with top EU officials to press the case for this nation to avoid any “blacklist”. Yesterday’s meeting saw the Bahamian delegation meet with Stephen Quest, director-general of the directorate generale for taxation and Customs union. Many in the financial services industry, though, are still trying to interpret what Dr Minnis’ trip to Brussels means and if it represented a last-ditch effort to persuade the EU not to include The Bahamas on its “blacklist”. A government source, though, said the prime minister’s presence was intended to show the EU that The Bahamas “takes this very seriously at the highest level”, and is putting major weight behind its compliance.
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PI resort terminates 19 eatery workers By NATARIO MCKENZIE
Tribune Business Reporter
nmckenzie@tribunemedia.net NINETEEN terminated employees at Paradise Island’s troubled Club Land’Or resort will only receive due severance pay and other benefits when it is sold, a top labour official said yesterday. John Pinder, the director of labour, told Tribune Business he had received a letter from the property’s general manager, Prince Ellis, which had informed staff that its dining amenities would be discontinued with effect from New Year’s Day. “Yes, they have sent notice to that effect,” he confirmed. “The restaurant was still operational and has now been shut down. The place is closed. The closure has affected 19 persons who were still there. All the people were still technically working there, getting a day here and there, but these persons were employed in the dining area.” That letter also revealed, according to Mr Pinder, that the employee redundancy
SEVERANCE, OWED WAGES ONLY PAID WHEN CLUB LAND’OR SOLD
JOHN PINDER package has been capped and will be paid in full along with all outstanding wages once Club Land’Or’s sale is finalised. He told Tribune Business that he was nonetheless seeking a meeting with the property’s management. “I’m waiting to have a meeting with them because there are some things I need to verify,” said Mr Pinder.
In previous interviews with this newspaper, Mr Pinder had confirmed that employees at Club Land’Or claimed to be owed as much as 49 weeks pay. The Paradise Island resort has been a troubled property for many years, with its difficulties making headlines several times. In 2012, it managed to head-off a Supreme Court application by creditors to place it into receivership. Club Land’Or has also been actively marketed for sale, its price dropping from $43m to $38m during the two years it was formally “on the market”. Atlantis was said to be among previously interested purchasers but no deal has ever materialised to-date. Dion Foulkes, Minister of Labour, last year confirmed he had launched a probe into claims by Club Land’Or staff that they were not being paid. This was in response to the 49 weeks’ pay outstanding allegations, with similar claims having been made by staff the year before. Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union
(BHCAWU) president, was out of the country when contacted by Tribune Business yesterday about Club Land’ Or. He said: “That’s the first I’m hearing that. I’m out of the country but I will get someone to look into that.” Earlier this week, he confirmed to Tribune Business that he was seeking to meet with Club Land’Or management after receiving a letter - similar to that received by Mr Pinder - detailing redundancies among the resort’s restaurant employees. “We got a letter the day after the holiday,” Mr Woods confirmed. “We’re supposed to go in and have a meeting to find out exactly what’s going on. The second vice-president will be dealing with that. “It sounds as if the restaurant is closing, based on what they kind of referenced. They’re trying to find a buyer for the hotel; it’s been on the market for some time. Once we get together with them we’ll find out how many people will be affected. We don’t know exactly how many at the moment.”
Mr Woods said Club Land’Or’s letter was specific to the restaurant, adding that around 30 union members were employed at the the resort which borders the Atlantis marina and is immediately opposite the Paradise Island “on” bridge. “There is some concern as it relates to that property,” he added. “It’s a small property, and has been challenged for quite some time. We’re trying to meet with them as early as this week. We just got the letter, so we’re trying to arrange that as quickly as possible. “There’s never a good time for lay-offs, but particularly coming off the Christmas holiday and starting the New Year... At the end of the day we’re trying to resolve all the issues relating to that property once and for all. We’ll find out whether they’ve found a buyer and if this is just the first phase of a transition to that. “We’ll watch it carefully and make sure, whatever happens, whoever is affected is dealt with fairly and gets what they are entitled to.”
$4.21 Chamber chief urges businesses to take precaution on cyber crime By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE ransomware attack on the ZNS radio servers is “a clarion call” for all businesses to focus on their cyber security defences, the Chamber of Commerce’s chief executive urged yesterday. Jeffrey Beckles told Tribune Business that companies “across the board must take every precaution” to guard against, and prevent, attacks such as those that effectively crippled the state-owned broadcaster by locking staff out of their computers and information technology (IT) system. Pointing out that such “vulnerabilities and threats” are now commonplace in a globalised economy, the chamber chief said the ever-growing reliance on electronic data and IT - even among those self-employed, and in home-based and “Mom and Pop” type businesses - meant the risk was only likely to increase. He added that too many Bahamian companies were conducting transactions and important commerce using platforms such as Yahoo and Hotmail, which were “not sophisticated enough” to provide the level of protection necessary to guard against experienced, determined hackers. “The short answer is yes, I believe the ZNS matter is a wake-up call,” Mr Beckles told this newspaper. “Outside of private interests in The Bahamas, maybe security is not necessarily a major discussion. But the unfortunate incident at ZNS is a good example of what could happen. “That doesn’t speak to anything other than we as a community should take every precaution, and the Chamber wants to remind members across the board that part of living in a global village is the vulnerability and threats that come with it.” The Chamber will highlight cyber crime’s impact at its annual Data Protection and Security conference, set to be held in June, but Mr Beckles added of ZNS’ misfortune: “This has happened out of the gate. “It’s an early call to attention for all concerned. Not just businesses, but we have a lot of home-based businesses, self-employed and businesses that are run from home. They need to be equally concerned about protecting data and systems that are tied into security protocols. There are a lot of people out there looking to take advantage of those kinds of businesses running from home on what we think is a secure network.” Mr Beckles added that too many Bahamian companies and entrepreneurs still relied on platforms more suited for social activities, such as gmail, and in doing so exposed themselves to data breaches, hacks and other cyber crimes. “We use Yahoo, hotmail and Gmail platforms,” he told Tribune Business. “The truth is that while they’re nice for social interaction, there are many Bahamians that use these platforms to conduct business. “While they offer a degree of security, they’re not secure enough to secure business transactions. This [the ZNS ransomware] should serve as a wake-up call for us to use appropriate platforms to conduct business.
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