05172021 BUSINESS

Page 1

business@tribunemedia.net

MONDAY, MAY 17, 2021

$4.86

$4.91

‘We’re scapegoats for Mortgage Corp fiasco’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

T

HE Bahamas Mortgage Corporation’s legal chief yesterday asserted that she and three other suspended executives are being made “scapegoats” over a probe into “serious irregularities” on home loans. Shirl Deveaux, an attorney of 20 years standing, demanded a public apology from the state-owned lender for damaging her reputation as it investigates multiple transactions - many of which occurred more than a decade ago - which “at worst may have elements of fraud” involved. Documents seen by Tribune Business detail bungled title searches and opinions provided by multiple Bahamian attorneys, which have potentially exposed the Mortgage Corporation and its borrower clients to multimillion dollar losses because ownership of the homes subject to these loans has been

• Legal chief blasts suspension; demands apology • Probe aims at decade-old ‘serious irregularities’ • Ex-Cabinet minister among bungling title lawyers

THE MORTGAGE Corporation’s new office building. called into question. Among those blamed for providing “defective title opinions” is a former PLP Cabinet minister, along with a law firm that is no longer in existence. Neither can be identified for legal reasons, but another attorney named is Troy Kellman, an attorney with Hanna, Kellman & Company, who was recently slammed by a Supreme

Super Value chief: ‘Well will run dry’ if taxes increase By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net SUPER Value’s president has warned that “the well will run dry” if the government imposes new and/ or increased taxes in next week’s budget, adding: “We have to get the economy rolling first.” Rupert Roberts told Tribune Business that “the government cannot get their full pound of flesh” out of an economy where thousands of workers, especially in the tourism sector, are either unemployed or furloughed and consumer spending is depressed. Arguing that Bahamians

and businesses are “taxed out” in an environment where tourism and foreign currency inflows remain well below pre-pandemic heights, he added that imposing new and extra levies now to help ease the government’s fiscal

SEE PAGE 8

Govt not bound’ to renew BPC licence By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE government has full legal authority not to renew Bahamas Petroleum Company’s (BPC) oil exploration licences, a major environmental organisation has told the prime minister. Steve Mashuda, managing attorney for Earthjustice, told Dr Hubert Minnis in a May 13, 2021, letter its analysis suggests that neither the Petroleum Act nor BPC’s existing licences impose a

legal obligation on the government that it must extend them into a third three-year term. “Based on these available authorities, we conclude that the Government of The Bahamas has broad discretion under the law to deny BPC’s request for renewal of its licenses and that BPC has no right of renewal,” he wrote. “In addition, such denial is not only within the lawful authority of The Bahamas,

SEE PAGE 7

Court judge in a ruling that also involved the Mortgage Corporation. Justice Keith Thompson, in a February 23, 2021, ruling, urged the director of public prosecutions to investigate Mr Kellman for “possible fraud” over a series of six-figure transactions involving the same real estate parcel. He also called on the Bahamas Bar

Association to take “disciplinary action” over what he branded as the attorney’s “seriously unethical behaviour”. Ms Deveaux, meanwhile, argued that both the suspension and allegations against her were “baseless and unjust” - not least because she only took up her post as legal affairs director in May 2012, which was two years after many of the mortgage transactions in question originated. Asked why these dealings were only being investigated now, given that many occurred more than a decade ago, while the present board is already four years into its tenure, she retorted: “That is the $1m question.” Ms Deveaux said BDO

SEE PAGE 6

$4.94

$4.89

Banker: Bar’s ‘bad apples’ leading to attorney controls By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas Bar Association’s failure to properly discipline wayward members is why many banks will only deal with “approved attorneys” for mortgage transactions, a top executive said yesterday. Gowon Bowe, Fidelity Bank (Bahamas) chief executive, told Tribune Business the Bar was being “a little bit sensitive and a little bit disingenuous” in its attacks against the commercial banking sector’s practice of employing “lists of approved attorneys” for mortgage work. Emphasising that the banks have a responsibility to protect both their shareholders and depositors by perfecting mortgage loan security, he argued that the Bar’s failure to properly self-regulate the profession and take action against attorneys guilty of “poor work and shoddy practices” (see lead article on Page 1B) meant other safeguards were required.

NASSAU Cruise Port. The Fidelity chief warned that “a few bad apples could spoil the entire bunch” when it came to the Bahamian legal profession, which on Friday railed against a practice that it says undermines consumer choice and effectively acts as a restraint on free and fair trade for practitioners. Khalil Parker, the Bahamas Bar Association’s president, in a May 14, 2021, message to members said the Central Bank had informed him that all commercial banks had fallen into line with the Homeowners Protection Act which requires all institutions to

SEE PAGE 4


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.