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WEDNESDAY, AUGUST 23, 2017
$4.00 DINGMAN IN LEGAL BATTLE ON TWO FRONTS OVER NASSAU FAILURE * Opponents file new New York action * Lyford Cay resident still fights eatery empire fail * And dismisses ‘garden-variety’ fraud claims By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A NEW front has opened in the legal war over Jamie Dingman’s failed Nassau restaurant empire, as the Lyford Cay resident moves to dismiss continuing “garden-variety fraud and contract” claims. The son of worldrenowned entrepreneur, Michael Dingman, is now fighting a ‘battle on two fronts’ after former partners/associates initiated litigation in the New York State Supreme Court this summer alongside their existing federal court action. Erik Gordon and Ryan Giunta, both US citizens, appear to have ‘hedged their bets’ in anticipation that Mr Dingman will succeed in having their appeal of the southern New York federal court’s original verdict thrown out. The duo are alleging that their action, claiming fraud against Mr Dingman for supposedly breaching agreements to provide them with an equity interest in his Nassau-based Out West Hospitality venture, was wrongly deemed a foreign securities transaction. The southern New York court found that the deal between Dingman and Gordon/Giunta was never legally binding because it failed to obtain approval from the Bahamian authorities - the Central Bank and Investments Board - under this country’s Exchange Control Regulations. Out West Hospitality was the Bahamian holding company for a planned Nassau
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* Talks involve Memories, Port Lucaya owners * Seeking to create destination experience * Gov’t eager to exit, avoid failures repeat By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Government’s proposed Grand Lucayan deal aims to avoid a repeat of previous failures and create a destination experience, with Memories and the Port Lucaya Marketplace’s owners “part of the conversation”. Multiple Tribune Business sources, some close to current developments, confirmed the nature of - and potential players involved in - the Grand
Lucayan’s ‘rescue strategy’ prior to the Government last night confirming “productive discussions” continue. This newspaper was told that the Government is focused on curing the underlying structural problems that have undermined the resort and Grand Bahama’s wider tourism/hotel product, both to ensure it can rapidly ‘exit’ its temporary ownership and ensure it “does not face another quagmire in five years”. SEE PAGE 3B
AN ARTIST’S impression of what the Lucayan area could look like. Image: PNH Properties
HOPE BAHAMAS POWER & LIGHT TAXATION FOCUS ‘COULD ‘SHAKE UP’ SHOWS REFORM DESIRE SCARE’ VACATION RENTALS * Lowering energy costs ‘imperative’ for economy * Christie Gov’ts failure ‘absolutely stupid’ * Gov’t: BPL turmoil won’t impact plans By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Mr Myers described the Bahamas’ decades-long energy reform failure as “maddening” for himself and other business owners, and blasted the Christie administration as “absoA GOVERNANCE reformer lutely stupid” for its inability to yesterday expressed hope that the deliver this during its term in office. “shake up” in Bahamas Power & “What I’m hoping is that we’re Light’s (BPL) top management seeing a shake-up because this is a sign the Government is serious administration is fed up with the about delivering energy reform. nonsense,” the ORG principal told Robert Myers, a principal with Tribune Business. “We can’t keep the Organisation for Responsible doing what we’re doing. Governance (ORG), told Tribune “It would be nice to hear what the Business he hoped Pamela Hill’s termination as BPL chief executive ROBERT MYERS Government’s plan is, and what’s going on behind the scenes. I’m was evidence of the Minnis administration’s “desire for change” when it came hoping their desire for change is creating a shake-up, and that’s a good thing. Either we to energy costs and reliability. He described energy reform as “the easiest will have a statement from the Government and lowest hanging fruit” to pick in turning or time will tell, but it’s a little unnerving.” The BPL Board has yet to reveal its the Bahamian economy around, adding that reduced electricity costs alone would return rationale or justification for Ms Hill’s ter“hundreds of millions of dollars” into the mination, and the energy monopoly’s Bahamian economy and generate significant manager, PowerSecure, is understood to be GDP growth by itself. SEE PAGE 2B
* Renew’s ‘tremendous difficulties’ with PLP * Says this prevented ‘successful remediation’ * Additional financing blocked by ‘access rights’
THE New Providence landfill’s former manager yesterday blamed the Christie administration’s “failure to fully co-operate and plan” for its decision to cease operations, arguing that this had prevented “successful remediation” of the site. Renew Bahamas said it had “encountered tremendous difficulties” in its relationship with the former government, which impacted efforts to attract additional financing and redesign the Tonique Williams Highway site. It added that independent analysts confirmed it had invested in remediating the landfill to prevent further fires, while its management had resulted in “a culture change” that brought discipline and improved safety. “In 2013, Renew Bahamas entered into an agreement with the Government of the Bahamas with the hopes of establishing a partnership that would have been beneficial for the environment and the quality of life of the people of New Providence, and would have provided
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Grand Lucayan deal to avoid ‘quagmire repeat’
EX-LANDFILL MANAGER SLAMS CHRISTIE GOV’TS ‘FAILURE TO CO-OPERATE’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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a benefit for the Government,” the former landfill manager said yesterday. “Based on the Government’s solemn promises, Renew fulfilled its commitments to invest millions into the venture, and created the foundation for a state-of-the-art waste management facility that would have been the pride of the Caribbean.” Outlining its contractual commitments, Renew Bahamas added: “Renew had the obligation to reconstruct and remediate the landfill. Renew invested in that effort, as confirmed by the University of Florida landfill experts, but the Government never fulfilled its obligation to settle access rights Renew needed to obtain further financing. Nor would it meet with Renew to create an agreed design for the future landfill. “In order to achieve continuity and a successful outcome, we needed a fluent working relationship, and constructive dialogue that effectively managed the emerging contract issues. Despite our efforts, that never happened.” SEE PAGE 2B
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
The Bahamas was yesterday urged to develop a comprehensive strategy for growing the vacation rental market, amid warnings its taxation focus may “scare” visitors and entrepreneurs. Matt Aubry, the Organisation for Responsible Governance’s (ORG) executive director, told Tribune Business that he would have preferred the Government to release a ‘complete package’ when it recently unveiled its Memorandum of Understanding (MoU) with Airbnb. Mr Aubry, whose group recently contracted an economic study on the vacation rental market’s economic potential for the Bahamas, said the Minnis administration would have been better served by using the MoU
* Bahamas needs full strategy for sector * Growth plan, legislation needed with Airbnb deal * Reformer: ‘We don’t have full package yet’
signing to release its growth strategy for the sector and legislation to regulate it. “It’s hard to judge,” he said of the Government’s plans for the vacation rental market. “You don’t see the full context yet. I haven’t seen anything that outlines the strategy for how we take advantage of this tourism product in any way.” Acknowledging that the Government’s plan to-date had “a risk to it”, Mr Aubry said he understood its SEE PAGE 4B