business@tribunemedia.net
WEDNESDAY, JULY 29, 2020
$3.98 Developer blasts ‘last-ditch fishing expedition’ effort By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A HARBOUR Island developer is accusing the project’s opponents of embarking on a desperate “last-ditch fishing expedition” to obtain evidence from his former development manager. Michael Wiener, principal of 4M Harbour Island Ltd, is alleging that Bernard Ross, who has a history of convictions and run-ins with US law enforcement, has “improperly retained” the project’s confidential and proprietary information despite being terminated from his involvement in the project in June 2019. And he is claiming that Mr Ross, with whom he is embroiled in a $1m battle in the California courts, has now “leaked” this information to Br-Island Responsible Development Association (BIRD), the group that is seeking to obtain information from the former project manager for use in its legal battles with the 4M principal in The Bahamas. However, Mr Wiener, who is opposing BIRD’s efforts to obtain evidence from Mr Ross, is alleging in legal filings with the south Florida district court that his former project manager will be of little to no value to BIRD. This, he argues, is because the Judicial Review case for which Mr Ross’s testimony is being sought already began before The Bahamas’ Supreme Court on Monday. Suggesting that BIRD’s bid is irrelevant because it is out of time, Mr Wiener and 4M also allege that the former project manager had no involvement in obtaining the building permit issued by the Harbour Island District Council that is at the centre of their opponents’ latest Judicial Review action. However, BIRD has countered by pledging to use whatever Mr Ross provides to trigger new Judicial Review actions and other legal challenges to the Briland Residences and Marina project, thereby threatening Mr Wiener and his development with endless court battles. Blasting BIRD’s application to take discovery from his former project manager as “a textbook example of misuse” of US law, Mr Wiener alleged: “The application is nothing more than a last-ditch fishing expedition that fails to satisfy the statutory and discretionary factors that courts consider.... “Ross has threatened to release 4M information, data and/or property which Ross has improperly retained, to BIRD. 4M reminded Ross of his obligations to return 4M’s property, data and information, and not to disseminate the same nor communicate with third parties in relation to certain topics covered by Ross’s agreement with 4M. “Notwithstanding that admonition, 4M believes that Ross has leaked 4M’s information, data, and/ or property to BIRD and others.” The developer added that ten months had passed between Mr Ross’s termination from the project and the issuance of the building permit that BIRD is challenging this week in the Supreme Court, thereby making the former project manager’s evidence irrelevant. Describing BIRD as “an organisation that opposes certain development in The Bahamas”, Mr Wiener and 4M added of their
SEE PAGE 5
$3.98
$4.00
$4.00
Tourism ‘Interference’ slashes BDB arrivals bad debt recovery to 50% off 99% in June By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
“INTERFERENCE” in loan recoveries has made it extremely challenging for the Bahamas Development Bank (BDB) to claw back even 50 percent of its credit losses, international consultants have revealed. Canada-based International Financial Consulting (IFC), in laying out the state-owned institution’s 2020-2024 strategic plan, did not give specific examples or detail the nature of this “interference” that has contributed to the drain on Bahamian taxpayers since the BDB’s creation in the early 1970s. However, the report is likely referring to the role played by politics, as it warned that a change in the governing political party “can steer the bank away from its primary areas of focus, causing its operations and long-term goals to
• ‘Moral hazard’ hits loan repayments • Strategic plan admits ‘poor reputation’ • Client onboarding is ‘not compelling’
be hindered”. While the government last week lauded the fact that non-performing loans had been slashed from 76 percent of the BDB’s portfolio to just 24 percent, the Canadian consultants revealed that long-standing efforts to realise loan security pledged by troubled borrowers had been impeded by non-financial motives. The IFC report, which has been obtained by Tribune Business, said: “In terms of collections and recovery, interference in the resolution, collection and workouts has affected BDB’s business performance. The situation deteriorates over time as collateral valuations become uncertain after extended periods. “BDB has accumulated
much collateral property and it is now challenging to recoup the appraised value, or a value sufficient to mitigate as much as 50 percent of BDB’s losses.” The consultants’ report, and new strategic plan, set out numerous explanations for why BDB had produced a $62.536m “accumulated deficit”, representing the combined losses it has racked up since its creation, and a negative net worth of $33.302m at end-2018. Noting the BDB’s “poor reputation”, IFC said “a very low risk appetite” for lending and the “moral hazard” associated with being a government-owned institution had to be overcome if the BDB is to realise the ambitious goals set out in the strategic plan. The latter factor, it added, meant
that too many borrowers have not repaid their loans because they believed there were no consequences for not doing so. “BDB is still experiencing the burden of its poor reputation,” the report said. “The moral hazard of BDB being perceived as a ‘government bank’ impacts it negatively as people have less willingness to repay their loans. “Additionally, there is a lack of clarity in positioning. Stakeholders and the general Bahamian public are not fully aware of the scope of BDB’s activities, as they are not clearly marketed and defined.” While this was now being rectified by the BDB’s
revive its economy. He added that the Government had yet to produce any “fresh ideas” for attracting foreign direct investment (FDI) in a COVID-19 environment, arguing that it had failed to “offer an olive branch or welcome mat” to encourage new foreign currency sources that can replace the loss of those associated with tourism. Echoing Mr Christie by arguing that The Bahamas must “figure out how to live with this virus” in the absence of a vaccine and keep its economy open, Mr Damianos said the few “virtual sales” his firm and others have managed to
A SENIOR Ministry of Tourism official yesterday revealed a 99 percent yearover-year arrivals drop for June 2020 despite opening up to private air and sea visitors half-way through. Dr Kenneth Romer, the Ministry of Tourism’s executive director of product quality and support, told a webinar: “The Bahamas has seen only 3,900-plus, shy of 4,000 air and sea arrivals, a decline of 99.4 percent compared to June 2019. Air arrivals to The Bahamas as a whole declined by 99 percent, standing only at 1,700.” Statistics provided by Dr Romer showed a total of 641,140 air and sea arrivals for June 2019 compared to just 3,935 for 2020. Air arrivals alone stood at168,392 for 2019 compared to just 1,705 for 2020. The June drop-off comes as little surprise given that The Bahamas had only reopened for the private aviation and boating niches, with the rest of the sector following on July 1 in a revival that has now been cut short. However, some observers may argue that this nation is losing relatively little business by imposing a 14-day quarantine on all visitors coming to this nation to control COVID-19’s spread. Mr Romer added: “We are once again almost effectively closed, because the reality is not many visitors are going to come here to quarantine for 14 days. With the average amount of stopover days [in The Bahamas] only six-and-a-half days, the average visitor is not coming here for a quarantine vacation. “So air arrivals during the month of June were down at all major islands. The reality is that stopover arrivals that contributed to 1.78m visitors for us last year, considerably contributing to our GDP,
SEE PAGE 4
SEE PAGE 4
SEE PAGE 4
Realtors warn: ‘Don’t break the economy’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net LEADING realtors yesterday urged the government not to “break the economy” as they warned that the mandatory 14-day quarantine facing all visitors will bring the international market to a halt. John Christie, HG Christie’s president and managing broker, told Tribune Business The Bahamas “should really not be locking down” since this would merely “postpone the inevitable” of having to work out how to live with COVID-19. Arguing that infection prevention and mitigation should be the focus, Mr Christie said the two-week quarantine now imposed on all visitors regardless of how they are transported to The Bahamas would “definitely deter” international real estate buyers from visiting this nation as they would endure a 14-day wait
• Quarantine to ‘halt’ international market • And ‘cut off’ key foreign currency source • Yet to see ‘fresh ideas’ for attracting FDI
JOHN CHRISTIE
GEORGE DAMIANOS
before being able to visit properties. He and George Damianos, Damianos Sotheby’s International Realty’s president and managing broker, both agreed that the new quarantine measure would also choke-off one of the few imminent sources of precious foreign currency inflows from foreign
high-end purchasers. Mr Damianos told this newspaper that the revised travel restrictions had “put a crimp” on the Bahamian real estate industry’s efforts to rebound, with the constantly-changing border protocols merely adding to “the mess and confusion” surrounding this nation’s efforts to
By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net
‘Utter madness’: Drivers blast new jitney closure By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net JITNEY drivers yesterday blasted the government’s decision to abruptly close the industry within weeks of its restart as “utter madness”, with police officers ordering passengers out of vehicles. However, Wesley Ferguson, the Bahamas Taxi Cab Union’s president, said he was able to defeat efforts to also shut his members down after speaking to newlyelected transport minister, Senator Dion Foulkes. This left jitney drivers as the only ones fuming over the government’s lastminute decision to shut the sector down via its Emergency Powers (COVID-19 Pandemic) (No.3) Order 2020, which was only released to the industry late on Monday night. Harrison Moxey, the United Public Transportation Company’s (UPTC) president, told Tribune Business: “They shut down everything. A new order came out Monday night that bars all bars, jet-skis and buses and taxis. The
• Govt makes sharp public bus u-turn • But taxies allowed to remain operational • Union chief’s ‘emergency call’ to minister police came out and just sent the buses off of the road. They just shut everything down. “The prime minister gave a press conference last Friday and this was not in it. This is something that was dated for July 27, but it came out Monday night and here we go again. The suffering starts.” The latest order represents a major u-turn from the initial version released last week. That allowed both taxis and “private and public bus services” to continue operating provided that the latter restricted capacity to a maximum 50 percent to enforce COVID-19 social distancing protocols. However, the revised Order unveiled on Monday night strips out this language completely. It merely says: “No person shall offer for hire or seek to travel on any public bus
transportation.” No mention is made of taxis. Mr Ferguson yesterday confirmed that the police had initially tried to bar taxi drivers from the roads, but his call to Senator Foulkes resolved the matter. He said taxis are allowed to operate but only within the confines of the 5am to 7pm curfew period. Mr Moxey, meanwhile, for the jitney drivers said: “This is utter madness. Folks were preparing to get back into business. We are spending money. But with uncertainty, only to get yanked off, you don’t know how the prime minister is working us, what his nightmares are. “This is ridiculous and it is not just us. We are already operating at a loss because they didn’t give us the rate increase. We are just trying to stay afloat and now this? We are doing everything as far as the protocols are concerned, and to
not be a proponent of the spread of the virus. “Everything they asked, we did. The people we dropped to work in the morning we can’t pick up in the evening. They don’t even know the buses have been pulled off of the road yesterday,” he added. “This is a serious thing; you can’t be shooting from the hip. This is a whole nation you are governing. You can’t have too much uncertainty. The future is too uncertain, because what you are bordering on is people losing out. That’s the sad thing.” Mr Moxey continued: “They didn’t send these new orders to us; they didn’t have any consultation with us. They sent it out to the police. The things that are affecting us, they don’t tell us; we find out just like everybody else. “This is disrespectful; we don’t know what’s coming. Right now we have not met
with the new minister for transport (Dion Foulkes) as he is in transition. There are just a lot of things right now that are wrong. The methodology isn’t the right formula and it isn’t in good taste.” The ban on jitneys appears to be part of an effort by Dr Hubert Minnis, along with the restrictions reimposed on gyms and indoor/outdoor dining, to prevent numerous persons from gathering in a confined space in the belief this will prevent COVID-19’s further rapid spread. However, no scientific evidence has been made public to justify this. Rudolph Taylor, the Bahamas Unified Bus Drivers Union’s (BUDU) president, said yesterday: “My take on the whole situation is that it is quite inhumane the way that the public was dealt with, having to be put off the bus. People that have work and have a job probably would lose their job due to having to foot-it, because they got put off of the bus.”
SEE PAGE 4