Moderator: 3ne2nr Mods
Failure by the corporate communications department of the National Gas Company (NGC)to adequately account for how its budget ballooned from $67 million in 2012 to almost $200 million in 2014 has potentially left the management and board “exposed to criminal and integrity probes, litigations, penalties, fines and reputational damage”.
That was the conclusion of an audit conducted into just one department of the country’s most profitable State company in November 2014.
In 2013, NGC recorded a profit after tax of $6.5 billion for its financial year.
The company’s internal audit team for this report, which was obtained by the Sunday Express, included internal audit manager Rabindranath Lakhan, its head, Financial & Compliance Audit Marina Dukhedin-Lalla, senior auditor Wendy Murray-Thomas and auditor Rebecca Procope.
The corporate communications department (CorpCom) is responsible for sponsorships, donations and any community-related activity in which NGC invests.
The audit revealed weak internal controls “resulting in the concealment (deliberate or otherwise) of the true extent of the company’s expenditure, obligations and commitments”, and there was evidence of CorpCom management’s “non-compliance with standard and requisite requirements”.
“No information was provided on the approval for the increase from eight recreational facilities to 23 although budgetary and costs reporting protocols require full disclosure. Such arbitrary and inconsistent management reporting practices distort the outcomes of the company’s analyses of CorpCom’s expenditures; value for money received; and cost behaviours relevant to its planning, budgetary, forecasting activities. Such practices are also indicators of fraud and/or gross negligence,” the audit noted.
Among NGC’s communications expenses were:
1. In 2012, the budget for Economic & Communities was $21.7 million. The budget increased by 114 per cent to $83.6 million in 2014.
2. Donations moved from $2.3 million in 2012 to $9.13 million in 2014, an overall increase of 515 per cent.
3. In 2012 and 2013, the company spent no money on reputation and branding. But by 2014, $20.4 million was spent under the category Reputation and Branding.
4. In 2012, NGC spent $8.4 million in advertisements. By 2014, there was an 80 per cent increase to $20 million.
5. The NGC went from spending $2.4 million in a category External Communication-Gas Facts to $4.5 million in 2014.
6. In 2012 and 2013, there was no category of spending for Corporate Social Responsibility. In 2014, $9.5 million was spent.
7. In 2012 and 2013, there was no category of spending for Environmental & Greening. In 2014, $3.2 million was spent.
“The audit team reviewed similar expenditures from 2012 to 2014”, and it “showed that costs of these projects have escalated by 50-114 per cent,” the report stated.
“Manager CorpCom (Charmaine Mohammed), in response to audit queries, stated that the increases were due to inflation. However, statistical data provided on the Central Bank of Trinidad and Tobago’s website relating to inflation showed an average rate of seven per cent under review. Additionally, some increases were made when other business activities within NGC were required to reduce budgets and actual expenditure in 2013, that is, by memo dated January 11, 2013, staff training and conferences, seminars and workshops reduce by 30 per cent and 25 per cent respectively,” it noted.
“CorpCom’s management has not provided any evidence to substantiate the reasonableness of the costs of community-related projects, monies expended on said projects, nor any evidence that value for money was received,” it noted.
Audit Conclusions
“Audit has concluded that CorpCom’s management of risk may be incomplete (based on lack of detailed information provided to Audit on risk management activities) and may expose the organisation to risks such as corrupt procurement practices, invalid transactions, poor quality works, lack of transparency, false advertisements and disclosures, potential conflict of interests which can result in a breach of public trust,” the audit said.
“CorpCom’s lack of records to support its risk management of community-related projects that are impacted by the Environmental Management Agency (EMA) and the Occupational Safety and Health (OSH) Act, can be viewed as breaches of the legislations, especially as NGC’s published Freedom of Information Act (FOIA) statement indicates that the company maintains these records.”
It added: “If the underlying records to support this declaration are proven to be non-existent then the declaration will be assessed as a false declaration which can result in charges of criminal negligence against management and directors,” the audit warned.
“There is also evidence and/or red flags or materialising risks within CorpCom’s procurement and contracting activities for community related costs. CorpCom’s approved budget 2014 included a list of ten recreational facilities under its Corporate Social Responsibility programme. On review of 2014 June, CorpCom’s Management report showed that works were committed for fifteen (15) and another eight (8) are under consideration for 2014. Assurance cannot be provided that CorpCom’s activities are compliant or that they create value for monies expended,” the audit said.
The audit also noted that insufficient information was provided by CorpCom to ensure compliance with legal and regulatory requirements as well as NGC’s procurement rules.
“Hence, assurance cannot be provided that the sums allocated within CorpCom’s budget for community-related projects, donations, sponsorships and advertisements were utilised in a manner that resulted in the company receiving value for money (best combination of price and quality, and acceptable time frame),” it said.
“The lack of reliable records and major variations observed between Legal Services and CorpCom’s information on MOUs, contracts and valuations for community projects, are clear indicators that neither the company nor CorpCom’s management has established a formalised process for the execution, assignment of responsibility, monitoring, performance evaluation and reporting of all agreements/MOUs and contracts executed, most of which are valued (more than) TT$2 million. Hence at no time is the company aware of or able to assess the entire population of MOUs and other agreements, their related commitments and obligations (financial and legal/regulatory), be it by a deliberate lack of transparency and disclosure or by management’s negligence,” it said.
Following the submission of the audit for sign-off, the Sunday Express understands that one auditor has since been reassigned to another NGC subsidiary.
Last week, the NGC advertised for two auditors.
All-Inclusive Fetes
Last week, the Sunday Express reported that over $1 million was spent on tickets to all-inclusive fetes by the NGC for Carnival 2015.
The NGC bought 1069 tickets at a cost of $1,073,497.80.
The company spent $352,000 on 220 $1,600 tickets for the South Cancer Support Group, which took place on January 31.
But while 130 tickets were assigned to the Corporate Communications staff, 245 were assigned to the manager of corporate com-
munications. (See table above).
The Sunday Express was unable to get a response from Mohammed on why she was assigned that quantum of tickets and who were the recipients of those tickets.
No response
from NGC
On February 20, the Sunday Express sent a list of questions to NGC’s vice-president of human and corporate relations, Cassandra Patrovani-Sylvester with regard to the audit.
At that time, Patrovani-Sylvester replied and copied the e-mail to NGC’s president, Indar Maharaj, and committed to providing a response on February 23 because Maharaj was due to travel.
The e-mail said: “I confirm receipt of your email and the questions contained within which have been referred to the president, NGC.
A response will be forthcoming no later
than Monday, February 23, 2014, as the president is due to travel.”
However, the Sunday Express did not receive any response to the questions it submitted on the date.
Last Friday, the Sunday Express sent another e-mail and copied manager of corporate communications Charmaine Mohammed, seeking answers to the questions, which were overdue by a week.
Patrovani-Sylvester responded by sending the e-mail again to Mohammed, with the note:
“Charmaine, good morning.
Ms Javeed’s e-mail is self-explanatory.
I gave a commitment following conversation with the president for a response by Monday, 23 February, 2015.
Your attention to this matter would be appreciated.”
However, the Sunday Express received up to yesterday.
Telephone calls and text messages were also sent to Mohammed seeking a response.
Part 2 of an investigation into the
operations of National Gas Company (NGC)
When it comes to reputation and branding, National Gas Company (NGC) has principally tasked that job to Ross Advertising Ltd.
In 2012 and 2013, there was no provision for the expenditure in the company’s corporate communications budget.
But in 2014 the sum spent on reputation and branding was $20.4 million, principally on its “Happiness” campaign, which is managed by Earnie Ross.
According to an internal audit into the operations of the company’s corporate communications department, “Policies, procedures, and guidelines specific to the operations of the Reputation and Brands unit were not provided by the Process Owner for audit review”, while draft policies and plans “indicated a level of ambiguity and overlapping of responsibilities and authorities”.
On January 30, 2015, the NGC board, chaired by Roop Chan Chadeesingh, selected four advertising agencies as “preferred suppliers” to provide brand and communications support and services.
The services were marketed to the NGC for $27,500,000, but the board approved the reduced cost of $15,470,000.
Of that sum, Ross will receive the lion’s share of $8,605,000.
Ross will receive an additional $2 million for the Happiness Campaign, $2 million for a “Visitors’ Centre Couva Interchange”, and $1.5 million for the company’s proposed initial public offering (IPO) of Phoenix Park Gas Processors, among others. The Happiness Campaign revolves around the tagline, “If happiness were a sound what would it be”, with the letters “pp” in happiness being underlined.
Independent Senator Helen Drayton, who spent 24 years at RBTT in marketing and communications, raised the issue in her column in the Guardian newspaper on January 25, stating that it “could be misconstrued as subliminal political advertising ostensibly designed to convey a corporate identity by focusing people on happiness”.
“The designers of the ad attempted to link the letters ‘pp’ with the positive emotion of happiness. Perceptually, the arc used the way it is in the advertisement is symbolical of the familiar smiley button, the letters pp are associated with the words people and partnership,” she said.
“Are we to believe the arc is innocent playfulness on these letters? Is this politically neutral branding? Is it just a campaign to encourage people to think about what makes them happy? Is this a necessary service to the country? It is profligate spending at its worst. It is the epitome of visual masking. Could there be innocence in spending public monies on deceitful political party branding?” Drayton had questioned.
When the Express asked Energy Minister Kevin Ramnarine whether he felt comfortable that a state enterprise under his watch was engaged in what could be perceived as subliminal advertising for a political party and what benefit he perceived the gas company could derive from spending millions on that campaign, he responded: “I don’t get involved in the day-to-day managerial affairs of the NGC, neither do I micro-manage the company. Issues related to this matter should be directed to the NGC.”
However, questions sent by the Express to NGC as to who came up with the “happiness” campaign and what value the company has received for the money it has spent, remain unanswered up to yesterday.
Instead, the NGC published advertisements in the daily newspapers titled “Investing in a Nation’s Prosperity and Happiness”, which listed all the organisations the company had invested in and how it has spent some of its $3.3 billion wealth (according to its 2013 financials).
The Sunday Express yesterday published the audit into the corporate communications department of National Gas Company (NGC), the arm of the country’s most profitable state company responsible for sponsorships, donations and any community-related activity.
The internal audit revealed that the communications costs of the company had ballooned from $67 million to almost $200 million in 2014 and warned that the company could be “exposed to criminal and integrity probes, litigations, penalties, fines and reputational damage” given the lack of internal controls and supporting documents to justify the expenditure.
Tomorrow: Part 3
djaggs wrote:My 80 + year old aunt fell down and broke her hip yesterday. My wife took her into casualty yesterday. They dont have the medical supplies needed to put her into traction. We were given a prescription to go and buy it outside and bring it for them.........but.............7Bn for a HWY.......no probs..............
Tension at the National Gas Company (NGC) following an expose by the Express on the State enterprise’s spending spree has led to the dismissal of the company’s vice-president of human and corporate relations —Cassandra Patrovani-Sylvester—and a realignment of its management structure.
Last Friday, the company’s security also seized all computers from its corporate communications department but returned them on Monday, sources told the Express.
About two weeks ago, the Express began an investigative series into the operations of NGC. During publication of the series which started on Sunday, March 1, concerned employees said NGC was trying to determine how sensitive information was leaked and made its way to the press.
However, the company’s president, Indar Maharaj, and its communications manager, Charmaine Mohammed, have both denied equipment was seized or Patrovani-Sylvester had been fired.
Maharaj, in response to a text from the Express on the seizure of the equipment on Monday, said: “The company has not seized any one computer. We are doing a security audit of our systems and ALL departments are involved in this exercise.”
Mohammed, in response to an e-mailed query on the matter on Monday night, stated: “The Company has not seized any computers from the Corporate Communications Division. The Company is engaged in a security audit of its systems and ALL Departments are included in this exercise.”
When asked whether Patrovani-Sylvester has been fired, Mohammed responded, “No.”
The Express however understands Patrovani-Sylvester’s post has been made redundant and this was communicated to her at a meeting on Monday.
In a memo sent to all staff yesterday, NGC’s acting president, Maria Thorne, stated: “I wish to advise that with effect from March 10, 2015, Mrs Cassandra Patrovani-Sylvester is no longer in the employ of the company.
“Kindly note that Mrs Carol Sylvester-London will act as manager, human resources until further notice and both the manager, human resources and manager, corporate communications will report directly to the president.”
According to NGC’s website, Patrovani-Sylvester joined NGC in January 2013 after having worked at British American Tobacco (Caribbean and Central America) and at One Caribbean Media Ltd (OCM).
On Tuesday, the company said in a statement it was “referring this matter” to the police and despite several attempts yesterday, the Express has been unable to get clarification on exactly what the company had “referred” to the police.
NGC went to the police after an article published in Monday’s Express, which quoted from an e-mail from its former chief audit executive,
Claire Gomez-Miller, who accused the State company of “compromising the reputation and work of its own audit team”.
Gomez-Miller had also expressed concern for the safety of the audit team, which included its head, finan-
cial and compliance audit, Marina Dukhedin-Lalla; senior auditor Wendy Murray-Thomas; and auditor Rebecca Procope.
The team had produced a draft audit report, which was published as part of an investigative series by the Sunday Express. The report raised concern about how its communications budget had ballooned from $67 million to $200 million, the exposure to the company and its management because of lack of proper documents and internal controls and whether the NGC was getting value for money.
The Sunday Express this week published a map that reveals NGC has contributed almost $95 million to groups and organisations on an electoral constituency basis.
Based on the map produced by the NGC, constituencies currently held by the governing United National Congress (UNC) have received the lion’s share of NGC donations while Opposition constituencies have received far less.
Patrovani-Sylvester: Eye-opening experience
Asked to comment on her exit from the company, Patrovani-Sylvester texted yesterday: “The National Gas Company of Trinidad and Tobago Ltd is the
energy jewel of this country and by extension the Caribbean. My experience at NGC has been an eye-opening one.
“As an ordinary citizen, I have come to realise how ignorant I was about how things really work in our national and economic landscape. I am pleased that a decision has been taken to look into the leadership and management of the NGC. I am closely following the developments as things unfold and know that the people whose hearts are connected to NGC will embrace it at this time.
“My decision to join NGC was a
career one, but life throws us curve balls sometimes. I know I have left a strong and positive impact and my faith in the outcome remains strong.”
She added: “My decision to join NGC
was a career one and an opportunity to contribute to my country in a meaningful way. Life throws us curve balls along the way and it is my hope that I will be able to contribute at some other time should the opportunity arise.”
By Ria Taitt Political Editor
Story Created: Mar 16, 2015 at 10:35 PM ECT
Story Updated: Mar 16, 2015 at 10:35 PM ECT
The Ministry of the Attorney General paid some $353.7 million to attorneys and other consultants between June 2010 and October 2014.
Out of this amount, Charles Russell was paid approximately $19.1 million for legal advice arising out of the cancellation of the OPV (offshore patrol vessel) contract in 2010.
And Alan Newman QC was paid $2.4 million for advice relating to the repeal of the controversial Section 34 clause.
This forms part of the information provided in a written response last Friday to a question on the Order Paper of the House of Representatives on the payment of legal and other technical/professional services made to persons and entities by the Ministry of the Attorney General for the period June 2010 to October 31, 2014.
The question was filed by Opposition Leader Dr Keith Rowley.
According to the information provided by the Attorney General, some $353,734,622.38 was paid, with the largest payment being made to British law firm Charles Russell, which received $63,181,472.
The second highest fees were paid to accounting firm Ernst and Young—$26,415,744 and Alix Partners, a foreign-based global business advisory firm, which received $20,090,020.
Jamaican attorney Vincent Nelson (who replaced Fyard Hosein as the lead counsel for the Ministry of Finance in the CLICO Enquiry) received $20,400,544, while British QC Alan Newman was paid $14,474,613.54 and Barbados-based Guyana-born attorney Fenton Ramsahoye received $9,969,080.
*Among the local legal fraternity, the highest sum was paid to Gerald Ramdeen, who has figured in the “Prisongate” affair as well as in the current controversy involving the location of judiciary files in his office. He received $15,541,423.
*Second in line was Israel Khan SC, who benefitted from legal briefs under the tenure of former attorney general John Jeremie, but who now serves as the Prime Minister’s lead attorney in the emailgate matter. He was paid $11,660,800.
*Third in line is Avory Sinanan SC, who received $10,406,925.
*Law Association president Seenath Jairam SC, who received $9,850,210, is next in line.
* Coming closely behind were Kelvin Ramkissoon, who was paid $9,723,399, and the late Dana Seetahal, who received $9,294,500 during the same period.
*Russell Martineau SC, who received $8,834,875, and Pamela Elder SC, who was paid $7,831,500, are next major beneficiaries.
*Completing the top ten list are Larry Lalla, who was paid $6,974,825, and Jagdeo Singh, who received $5,772,166.
Falling just outside that list is Wayne Sturge, the 11th-ranked attorney in terms of earnings from state briefs. Sturge received $3.1 million.
The top ten attorneys who benefitted from State briefs earned among themselves $95.5 million.
Interestingly, among the ten top earners are four attorneys who are not yet members of the Inner Bar i.e. not yet senior counsel, whose combined earnings amounted to $37.2 million, while the six senior counsel received $58.2 million.
Senior counsel who fall outside of the top ten included Fyard Hosein, Gilbert Peterson, Martin Daly, Deborah Peake and Douglas Mendes.
Of the $1.8 million paid to Douglas Mendes, all payments were made in 2010, with one payment of $172,000 in 2012.
By contrast, the majority of payments, amounting to $9,8 million, to Jairam, who was elected Law Association president on June 30, 2012, were made in 2013.
On the other end of the scale, some of the smallest sums were paid to attorneys such as Fitzgerald Hinds, who was paid $11,000; David West $50,000; and Zainool Hosein $25,000.
The lowest sum on the list was $7,000 paid to Freedom Law Chambers, the chambers which was headed by former AG Anand Ramlogan prior to his assumption of political office.
And Central Bank Governor Jwala Rambarran was paid $1,064,260 for undertaking a “forensic/management audit into the sale of BWIA London Heathrow Slots to British Airways”.
Rambarran received two payments—the first was $195,000 on 13/9/2011 and the final payment of $868,620 on 4/7/2012.
He was appointed Central Bank Governor two weeks later, on July 17, 2012.
These figures do not include sums paid by the State Enterprise sector for legal work.
AFA, a firm owned by Guyana lawyer Ackbar Ali, received $6,097,348 for investigations into State Enterprises.
The information provided also showed that there were outstanding payments, including $1,150,000 to Pamela Elder and $1,750,000 to Tiger Capital Lite, both sums being for request for mutual legal assistance by the USA.
Elder is also owed $276,000 for the extradition of Amarnath Jagmohan.
n Some of the
payments include:
Avory Sinanan—$10,406,925
Alix Partners—$20,090.020.78
Alan Newman—$14,474,613.54
Charles Russell —$63,181,472.71
Christlyn Moore —$1,064,666.66
Daniel Solomon
Associates—$2,095,373
Donna Allison
Prowell—$2,833,075
Dana Seetahal—$9,294,500
Douglas Mendes—$1,844,600
Deborah Peake—$1,943,500
Elaine Green—$2,179,010
Ernst & Young—$26,415,744
Fyard Hosein—$1,552,500
Fenton Ramsahoye —$9,969,080
Gilbert Peterson—$2,798.000
Gerald Ramdeen—$15,541,423
Fitzgerald Hinds—$11,000
Israel Khan—$11,660,800
Jagdeo Singh—$5,772,166
James Lewis—$2,457,619
Jwala Rambarran—$1,064,260
Kelvin Ramkissoon —$9,723,399
Larry Lalla—$6,974,825
Lesley Ann Lucky Samaroo —$1,274,605
Martin George & Co—$1,902,508
Martin Daly—$2,514,423
Mustapha Ibrahim—$1,000,000
Mark Seepersad—$758,666
Om Lalla—$741,750
Pamela Elder—$7,831,500
Russell Martineau—$8,834,875
Shastri Roberts—$1,613,851
Seenath Jairam—$9,850,210
Timothy Cassel—$857,008 Vincent Nelson—$20,400,544
Zainool Hosein—$25,000
Wayne Sturge—$3,140,499
The Office of the Attorney General retained the services of a company with no legal expertise among its directors to give advice relating to mutual legal assistance by the United States of America. The company, Tiger Capital Ltd, was paid $1,750,000 on November 18, 2014, for advice, despite having no legal expertise. The company’s directors are a building contractor, proprietor and financial consultant. Exactly what advice was sought and disseminated to the Central Authority of the Attorney General’s office remains a mystery since no one at the offices of the Attorney General or Central Authority seems to know the circumstances under which Tiger Capital Ltd was retained and how its fees were calculated. The authority falls under the purview of the Office of the Attorney General and works closely with regional and international foreign agencies in extradition requests, as well as assists with criminal cases (retrieving of documentation, etc). The authority is headed by attorney Netram Kowlessar. When contacted yesterday morning, sources at the Department of Justice in Washington, DC, USA, told the Sunday Express they are not familiar with the company and have never received any request for information nor given any information to any entity in Trinidad and Tobago known as Tiger Capital Ltd. Stressing that all requests for information have always been made through the Central Authority and vice versa, an official said, “Rest assured the Department of Justice would never provide confidential information to any entity which does not fall under the Mutual Legal Assistance Treaty. There are strict guidelines which must be adhered to when requesting information and must be signed off by the head of the Central Authority”. An official statement from the Department of Justice responding to e-mailed questions from the Sunday Express regarding Tiger Capital Ltd is expected to be given by next week. Details of what services were rendered and what cases or matters and the advice given remain unknown since only “Request for Mutual Assistance by the USA” was stated on the invoice submitted by Tiger Capital Ltd. Sources told the Sunday Express staff at the Attorney General’s office are also in the dark as to what services, if any, this company gave and who recommended Tiger Capital Ltd since the company is not known within the legal circles locally, regionally or internationally. Checks by the Sunday Express revealed that apart from the directors and secretary, the company is not staffed. Other questions being posed by staff include why is the Central Authority, a department within the Office of the Attorney General, granting briefs to an unknown entity when the authority is staffed with individuals versed in drafting documents for extradition and mutual assistance. Additionally, invoices show that Senior Counsel Pamela Elder was paid $1,150,000 on November 18, 2014. Elder’s invoice stated the fee was for “Request for mutual legal assistance by the USA dated 15/10/14”. Elder, according to invoices obtained by the Sunday Express, appeared in several extradition matters for the Central Authority. On April 8,2014, Elder was paid $546,250 for the extradition of Amarnath Jagmohan vs Attorney General and others. On November 26, 2014, Elder was paid $276,000 for the extradition of Jagmohan dated 05/06/14. Another attorney, Jagdeo Singh, also sought the authority’s interest in extradition matters. On January 17, 2014, Singh received $201,250 for appearing in the matter of Jason Anthony Nelson to the United Kingdom. He again received $201,250 on January 23, 2014, for that same matter and that same amount on March 8, 2014, for the extradition request of Desmond Davy. A firm called Walkers received $16,072.89 for mutual legal assistance. Checks by the Sunday Express at the Supreme Court in Port of Spain revealed Tiger Capital Ltd never appeared on behalf of the authority or Attorney General’s office in any extradition matters. About Tiger Capital Ltd Checks by the Sunday Express with the Ministry of Legal Affairs’ Company Registry last Friday, showed Tiger Capital Ltd was registered on November 23, 2004, by attorney Rudyard Davidson. It was also stamped by the Registrar General’s Office on the same day and carries the company number T4365 (95) and is listed as a private company. Services provided by the company are not listed. On the November 22, 2004, application form, the company names financial services consultant Kenny Soodhoo and businesswoman Monique Pillai as directors. Under “Change of Directors”, on November 20, 2013, proprietor Winston Samuel Russell of Caledonia Road, Lange Park, Chaguanas, was appointed a director. On that same date, Pillai ceased “to hold office as director”. As of November 5, 2014, Soodhoo and Russell remained directors. On December 9, 2014, contractor Clement Nazim Ali, of Curepe, was appointed director. That same day, Russell “ceased to hold office”. Soodhoo was then appointed secretary. None of the past or present directors has a legal background. Efforts to contact all past and present directors were unsuccessful, as their phones were not in service. When the Sunday Express visited the 16B McInroy Street, Curepe, address of Tiger Capital Ltd yesterday, there was an empty plot of land. Checks with residents in the area revealed that no one had ever heard of the business Tiger Capital Ltd being located at the given address. No comment from head of Central Authority and former attorney general Contacted for a comment last Friday afternoon, head of the Central Authority Netram Kowlessar was asked by the Sunday Express who recommended Tiger Capital Ltd to the authority? What were their qualifications and where the company operated. Kowlessar said, “Ma’am, I’m sorry, I would not be able to comment on that.” The Sunday Express continued its questioning and asked Kowlessar whether he was aware of this company. Kowlessar said yes. Has Tiger Capital Ltd ever been retained by the Central Authority and what mutual assistance did the company give the Central Authority? the Sunday Express asked. He said, “Firstly, I must let you know Central Authority’s work with respect to mutual assistance is covered in a certain level of confidentiality and this is embedded in the treaty of the State between states we operate with. “So once there is something involving a mutual legal assistance request as such, the base of that level is a level of confidentiality which must be exercised. In these matters regarding documents and disclosures, we are prohibited from disclosing anything,” Kowlessar said. The Sunday Express persisted in its questioning, asking Kowlessar to justify the $1.7 million fee paid to Tiger Capital and what was the expertise of the company, but he refused to answer. Asked why the authority would seek advice on mutual assistance matters from a contractor, Kowlessar said nothing. Told that information received stated that he and then-attorney general Anand Ramlogan certified the invoice brought by Tiger Capital Ltd, Kowlessar said, “By confirming or denying any of the questions, on any information with mutual assistance, I cannot comment. Kindly respect what I do and what I can say and cannot say.” Ramlogan was also contacted last Friday afternoon and asked whether he was familiar with Tiger Capital Ltd. He said, “I can’t remember, but go ahead.” Asked how the company was chosen, Ramlogan asked that questions be e-mailed to him. The Sunday Express complied and e-mailed the following questions at 2.22 p.m. last Friday: 1. Are you familiar with the company Tiger Capital Ltd? 2. Are you familiar with the directors of Tiger Capital Ltd? 3. How was this firm selected to do work for the Office of the Attorney General and, by extension, the Central Authority during your tenure? 4. What exactly did this firm do while retained by the Central Authority to receive a $1,750,00 payment? 5. Does this firm have any legal experience? If so, kindly list the matters they have been involved in. Ramlogan responded at 12.53 p.m. yesterday: “As you are aware, the work of the central authority is extremely sensitive and confidential as it involves work with international law enforcement agencies and foreign governments on complex cross-border criminal investigations. “Relevant expertise is contracted as and when necessary in consultation with other agencies in accordance with the established practice and procedure. The required expertise may vary with the facts, issues and subject matter of the relevant case and is hence not necessarily limited to legal expertise. “It would not be proper for me to comment on the work of the authority and I do not wish to prejudice any ongoing investigations. That is the prerogative of the Attorney General and the Head of the Central Authority.”
Tiger Capital Ltd was inactive for five years before being hired by the Office of the Attorney General (AG) to give advice relating to mutual legal assistance by the United States of America.
The company only recently regularised its status, six days before receiving a $1,750,000 cheque from the Office of the AG and, by extension, the Central Authority.
At the time, attorney Anand Ramlogan was AG, while the Central Authority is headed by Netram Kowlessar.
Checks by the Express revealed that the company was incorporated on November 23, 2004. At the time of incorporation, the number of shares issued was 10,000, with a stated capital of $10,000.
Documents obtained from the Company Registry show that, from 2006-2009, there was little activity by the company.
Before 2014, the last stamped document from the registry was December 29, 2009.
From 2009-2014, no annual returns were filed.
On documents dated November 5, 2014, Tiger Capital Ltd filed outstanding annual returns for the years 2010, 2011, 2012 and 2013.
The documents were stamped November 12, 2014 by the Registrar General’s Department, which is the date the department would have received the outstanding returns.
Returns on active companies are supposed to be filed annually to the Companies Registry.
On November 18, 2014, Tiger Capital Ltd was paid by the Office of the AG for legal advice while, on December 9, the company filed its annual returns for 2014, according to registry documents.
Sources at the AG’s office told the Express that the cheque for Tiger Capital Ltd was already prepared before the company regularised its status.
And it was only when the inactive status was brought to the company’s attention that a rush was made to “get its business in order”.
The company’s directors are financial services consultant Kenny Soodhoo, building contractor Clement Nazim Ali and proprietor Winston Samuel Russell.
Questions have been raised on the retention of Tiger Capital Ltd since the company has no legal expertise and never did work for the Central Authority before.
The authority normally hires personnel with expertise to conduct enquiries since it requires interaction with national security agencies worldwide.
Soodhoo is no stranger to controversy
In 1997, under the United National Congress regime, he was employed as director at National Petroleum (NP) and was also the head of the Project Implementation Unit.
Prior to being employed at NP, Soodhoo was fired by State-owned First Citizens following a complex and controversial transaction.
In 1996, First Citizens Merchant Bank (FCMB) dismissed Soodhoo when questions over a loan transaction came into the public domain.
Soodhoo, who was the managing director at FCMB, was axed following suggestions that he had negotiated a US$1.8 million deal with the Gillette brothers (Peter and Ian) to perform favours for them through the bank.
The Gillettes were once financiers of the United National Congress.
Former AG and Soodhoo
Former attorney general Anand Ramlogan was retained by financial consultant Kenny Soodhoo to appear in a civil High Court matter in 2007.
Soodhoo is one of the directors at Tiger Capital Ltd which received a $1,750,000 payment from the Office of the Attorney General to give advice relating to mutual legal assistance by the United States of America.
The monies were paid to the company on November 18, 2014.
Under question is what advice the company gave to the Office of the AG and, by extension, the Central Authority.
The company’s listed address is 16B McInroy Street, Curepe. However, when the Express visited the address last Saturday there was an empty plot of land.
Following concerns raised over the lack of legal expertise the company has, the Express e-mailed Ramlogan seeking clarification on Tiger Capital Ltd last Friday.
One question was whether he (Ramlogan) was familiar with the directors of Tiger Capital Ltd.
Ramlogan responded, “As you are aware, the work of the Central Authority is extremely sensitive and confidential as it involves work with international law enforcement agencies and foreign governments on complex cross-border criminal investigations.
“Relevant expertise is contracted as and when necessary in consultation with other agencies in accordance with the established practice and procedure. The required expertise may vary with the facts, issues and subject matter of the relevant case and is hence not necessarily limited to legal expertise.
“It would not be proper for me to comment on the work of the authority and I do not wish to prejudice any ongoing investigations. That is the prerogative of the Attorney General and the head of the Central Authority.”
However, Ramlogan admitted to the Express that he is aware of the company. He did not answer the question as to whether he knew the directors.
According to court records obtained by the Express, Claim No: CV 2007-01678, Soodhoo had sued Epitome Lodging, Gourmet Enterprises Ltd, Landform Ltd, Anthony Pinto and Hugh Thomas.
There was a preliminary issue involving an application for the extension of time to file witness statements by the defendants.
Court documents show that Ramlogan appeared in court on April 17, 2008, October 21, 2008, April 6, 2009 and June 24, 2009.
The matter was heard before Justice Andre des Vignes in the Port of Spain High Court.
Efforts to get a comment from Ramlogan and Kowlessar yesterday were unsuccessful.
MILLION$ MI$$ING
By Andre Bagoo Sunday, March 29 2015
click on pic to zoom in
MULTI-million-dollar discrepancies have been identified in the books of the Strategic Services Agency (SSA) for the years 2003 to 2008, according to long-awaited reports done by the Auditor General this year which were submitted to the Parliament last week
.Sealed reports, tabled in the Senate on Tuesday and then in the House of Representatives on Wednesday, state that in addition to there being mis-matches, weaknesses continue to exist in the internal control system of the intelligence agency.
The SSA was established by an act of Parliament on October 4, 1995, under the PNM. Under the Strategic Services Agency Act, which was later amended in 1997, the main functions of the agency are to: “act as an office for centralising information that could facilitate the detection and prevention of illicit traffic in narcotic drugs.”
Crucially, the act stipulates that the agency is to “provide intelligence and analytical support for the appropriate operational and intelligence arms of the appropriate services”. The SSA is also to “provide a nucleus of specialist intelligence personnel who are able to advise and assist investigating officers concerning operational priorities and deployment of resources.”
Employees of the SSA must take an oath of secrecy and the agency is given power to “exercise disciplinary control over” staff. Section 10 of the act stipulates that the accounts of the agency are to be audited annually by the Auditor General, forwarded to the Minister of National Security (under whose ministry the SSA falls) and laid in Parliament.
Audits for the years 2003 to 2008 had been outstanding for years, until finally being tabled in Parliament last week. Though tabled, the Office of the Auditor General attached seals to the reports, as has become the practice in relation to these reports.
Nonetheless, the reports, seen by Sunday Newsday, state that for each of the years 2003 to 2008 respectively, “weaknesses continue to exist in the internal control system. These were drawn to the attention of the Agency.”
For the year 2007, there was an un-reconciled difference of $2.5 million in relation to a cash in bank figure of $12.3 million. The general ledger figure for the same item also appeared off by $1.6 million in the balance sheet.
“Several errors were noted in the cash flow statement,” the Acting Auditor General Majeed Ali said. The auditor, therefore, qualified his audit report.
In the year ended September 2007, training expenses rose from $139, 481 to $6.8 million. The total government subvention for that year grew from $10.6 million the year prior to $18.8 million, almost a doubling of the agency’s funding. The expenses for computer and related accessories was $4.1 million, up from $24,766.87. A figure of $1 million was recorded as due from the Trinidad and Tobago Police Service.
For the year 2008, cash in bank was again problematic, with an un-reconciled difference of about $400,000 in the reconciliation statement and a difference of $1.9 million in the balance sheet. Fixed assets were also understated, and a difference of $300,000 in accruals could not be explained. The accounts were again qualified. Subvention rose to $20 million in that year and an item for “Special Short-Term Projects” appeared at a cost of $6.6 million.
Additionally, for the year 2005, the figure of $601,160.66 representing fixed assets was understated by $273,774.12 as a result of prior year errors. As a result, Acting Auditor General Majeed Ali qualified the report for this year as well. A similar problem occurred in the books for 2006, with the same item being understated by $279,574.01 and therefore wrongly appearing in the books as $838,289.09.
An expense item of $1.5 million appeared in the books for 2006, in relation to the Caribbean Financial Action Task Force (CFATF) set up to implement counter-measures in relation to money-laundering.
In 2010, Sunday Newsday reported that over a span of two decades, successive Auditors General have questioned weaknesses in internal controls at the State agency which was identified as one body to be subsumed under new surveillance arrangements in the wake of the 2010 disclosures on the extent of State spying on citizens.
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