FRIDAY, SEPTEMBER 2, 2016
business@tribunemedia.net
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GBPA, Govt face web shop collision By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
QC urges operator to drop Judicial Review
A web shop chain was this week urged to drop its action against the Grand Bahama Port Authority (GBPA) and focus on “the real issues” - whether the Gaming Board has regulatory authority in Freeport. Fred Smith QC, the Callenders & Co attorney and partner, told Jarol Investment’s legal advisers that their client’s Judicial Review action was directed at the wrong target. He said that rather than go after the GBPA, the issue at the heart of the complaint by Jarol’s Chances Games chain
Argues ‘real issue’ is lack of Gaming Board authority Port can charge higher fee; chain breaching license was whether the Gaming Board had the power to license and tax web shop entities in Freeport. Mr Smith, in an August 31,
2016, letter to fellow attorney, Carlson Shurland, implied that Chances Games should voluntarily “discontinue” its Judicial Review so that a different action could be brought to determine who has gaming regulatory jurisdiction in Freeport. “It is... plain that the real issue in these proceedings is not between Jarol and the GBPA, but between the GBPA and the Gaming Board and/or the Government as to whether GBPA licensees operating in the Port area are required to be licensed by the Gaming Board at all,” Mr Smith wrote. Warning that the GBPA would file a motion designed to See pg b5
The Government’s failure to disclose how the Baha Mar agreement treats public assets is “a slap in the face of the Bahamian people”, the Democratic National Alliance’s (DNA) leader said yesterday. Branville McCartney told Tribune Business that details regarding the involvement of Crown and Treasury Land in the project, and the investment incentives granted to the Chinese for the project’s completion, were the bare minimum that should have been revealed. Emphasising that Bahamians were “no further ahead” in understanding the Baha Mar agreement than they were when it was announced last week, Mr McCartney argued that the Government should not have been shocked at the mixed reactions to it. He argued that Prime Minister Perry Christie and his administration had nobody to blame but See pg b2
Bran: Make Crown Land, incentives public ‘at least’ PM, Govt responsible for ‘lack of trust’ in them ‘Living a dream’ if expect project finished by April
Branville McCartney
Key Sarkis ally: China ‘victorious’ over Baha Mar By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A key Sarkis Izmirlian ally has conceded that the Chinese have been “victorious” in the Baha Mar dispute, with the company responsible for the project’s “melt down” now set for a multi-million dollar windfall. Dionisio D’Aguilar, a former Baha Mar Board member, said the Government’s agreement to complete the project had placed China Construction America (CCA) “back in the saddle” despite Mr Izmirlian’s contention that it was the party most to blame for the project’s failure. “The whole reason we had the melt down was their failure to deliver, their inability to deliver on time and on budget, and produce a quality product,” Mr D’Aguilar told Tribune Business on CCA. “It’s a sad day, really, that the Chinese have been victorious in this, and the Chinese state has been victorious in this, and they’ve ended up back in the saddle with the project when they were the reason it came to a halt in the first place.” Mr Izmirlian, Baha Mar’s original developer, alleged that it was CCA’s failure to deliver a completed project on March 27, 2015, as promised, coupled with its “shoddy workmanship”, that was
Firm responsible for ‘melt down’ back in charge D’Aguilar rails against CCA committee presence Says: ‘It’s like letting the kids in the cookie jar’
Dionisio D’Aguilar ultimately responsible for his ill-fated decision to seek Chapter 11 bankruptcy protection in the US courts in late June last year. CCA, though, vigorously refuted these claims, arguing that Baha Mar failed because of the developer’s mismanagement and repeated insistence on design See pg b4
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net An FNM MP yesterday said she still harbours “grave concerns” that National Insurance Board (NIB) funds will be used to ‘bail out’ Bank of the Bahamas, despite Cabinet-level denials. Loretta Butler-Turner told Tribune Business she was going to “closely watch” how the BISX-listed bank’s ongoing $40 million rights issue plays out, following Shane Gibson’s rebuttal of her concerns about NIB’s likely involvement. The duo clashed over the issue on Wednesday during the House of Assembly’s debate on amendments to the Securities Industries Act, and Mrs Butler-Turner said Mr Gibson’s intervention had done nothing to ease her fears. “I actually heard from pretty reliable sources that
Benchmark chief: SEC deal talks ‘not over yet’ Brown, Alliance agree settlement ‘in principle’ ‘One step closer’, and awaiting conclusion ‘Neither admit nor deny’ claims tied to $400m fraud By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Fred Smith QC
Baha Mar secrecy ‘slap in ‘Grave concerns’ on the face’ for all Bahamians NIB financing BOB By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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Loretta: $40m rights participation ‘not best thing’ ‘Waiting to see’ if she or Shane is correct Urges governance reform at Govt agencies they [NIB] are about to put up a substantial sum of that $40 million,” the former FNM leadership contender told Tribune Business. “I’m just going to wait and see what transpires, and watch this closely, because individual shareholders are not going to be well-disposed to investing in Bank of the See pg b5
A BISX-listed company’s principal yesterday warned “it’s not over yet”, even though his two-year legal battle with US federal regulators has taken another step towards resolution. Julian Brown, Benchmark (Bahamas) president and chief executive, confirmed that he and the company’s main subsidiary, Alliance Management, had made progress in seeking to settle a Securities & Exchange Commission (SEC) lawsuit against themselves. Although SEC attorneys have agreed the terms of a proposed settlement with Mr Brown and Alliance over their alleged involvement in a $400 million financial Julian Brown fraud, the agreement has yet to be approved by the regulator’s commissioners. The Bahamian duo are hoping that the settlement, which is couched in the typical language of them “neither admitting nor denying the allegations” against them, will be reviewed - and approved - by the SEC’s top executives during the 2016 fourth quarter. “We’re one step closer, but it’s not over yet,” Mr Brown told Tribune Business. “But I think we’re pleased to get to this juncture. It’s a process and we’re pleased with where we are. We’re just waiting to see the conclusion of it.” A final settlement with the SEC would See pg b4