Editorial | Too slow on unexplained wealth law
For the avoidance of doubt, we wish to make clear that we are in no position to offer a legal opinion – beyond restating the generally known facts – on the likely outcome of the efforts of Andrew Hamilton et al to prize the Government’s hands off assets that the claim was proceeds of crime. Part of that matter is at appeal. The other bit is before the Supreme Court.
Mr Hamilton, a one-time policeman, pleaded guilty in the United States a dozen years ago to charges of money laundering and trafficking marijuana. In 2014 he was sentenced to four years in jail.
On the basis of Mr Hamilton’s conviction, the Government, using the Proceeds of Crime Act (POCA), has been attempting to seize, first, J$500 million of assets, mostly homes, vehicles and bank accounts, held in the names of family, friends and associates, which were acquired over a decade, up to 2009.
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A convicted drug dealer’s bid to prevent the Government from confiscating an estimated J$1 billion worth of his assets has put the spotlight back on whether Jamaica is aggressive enough in pursuing the spoils of corruption, and if the island’s authorities have sufficient, or the best, tools with which to do the job.
The answer on both counts is no. Among the questions this raises is what has happened to the Government’s promise to pass legislation to allow courts to issue orders for the seizure of unexplained wealth, on the basis of civil, rather than criminal standards. The bill should have been tabled perhaps a year ago, as one of the Holness administration’s anti-crime initiatives. It now seems that we will be lucky if the legislation makes it to Parliament in 2023.
For the avoidance of doubt, we wish to make clear that we are in no position to offer a legal opinion – beyond restating the generally known facts – on the likely outcome of the efforts of Andrew Hamilton et al to prize the Government’s hands off assets that the claim was proceeds of crime. Part of that matter is at appeal. The other bit is before the Supreme Court.
Mr Hamilton, a one-time policeman, pleaded guilty in the United States a dozen years ago to charges of money laundering and trafficking marijuana. In 2014 he was sentenced to four years in jail.
On the basis of Mr Hamilton’s conviction, the Government, using the Proceeds of Crime Act (POCA), has been attempting to seize, first, J$500 million of assets, mostly homes, vehicles and bank accounts, held in the names of family, friends and associates, which were acquired over a decade, up to 2009.
Headlines Delivered to Your Inbox Sign up for The Gleaner’s morning and evening newsletters.