The first ever money laundering charge instituted since the enactment in March 2000, of the Money Laundering (Prevention) Act 2000, finally concluded Monday with the defendant, Michelle Fraser, being found guilty and jailed for seven years. She was also fined $250,000 by  Magistrate Hazel Octive-Hamilton.

Since the Money Laundering Legislation came into force 10 years ago, the current Director of Public Prosecutions, Mrs. Shalimar Ali-Hack, is the only DPP to institute a charge under this Act.
The charge was instituted against Michelle Fraser on the 20th June, 2005, and was prosecuted by the
DPP, while Fraser was represented by Attorney-at-Law Nigel Hughes.
The prosecution of Michelle Fraser commenced before Magistrate Bertlyn Reynolds on the 9th of September, 2005, and from that date to the 7th of April, 2006, nine witnesses testified on behalf of the prosecution after which the prosecution closed its case.
Shortly thereafter, the Magistrate resigned and the case had to be done de novo. It was transferred before Her Worship Magistrate Hazel Octive-Hamilton who recommenced the trial on the 29th November, 2006. From that date to the 7th of November, 2007, nine witnesses again testified for the prosecution after which the prosecution
closed its case.
The matter was adjourned to the 19th of December, 2007, and between that date and the 3rd of January, 2008, the defence made written no-case submissions to which the prosecution submitted a written response between the 4th and 11th of February, 2008.
The matter was adjourned first to the 21st of April, 2008, then to the 21st day of May, 2008, for the Magistrate’s ruling which was given on the latter date. The Magistrate dismissed the no-case submissions and called upon Michelle Fraser to lead her defence.

Between the 18th of August, 2008, and the 20th of August, 2009, the matter was adjourned on five occasions for the defendant to lead her defence which consisted of an unsworn statement by the defendant from the dock.

The written closing address was submitted to the court by the defence on the 26th of October, 2009, and the prosecution submitted its written closing address on the 4th of December, 2009. The matter, which commenced on the 20th June 2005, finally concluded with the magistrate giving her decision on April 12, 2010, the prosecution having persevered with this case for almost five years.

The prosecution’s case is that Michelle Fraser was engaged in a transaction that involved the sum of US$289,000 that is the proceeds of crime, knowing or believing the same to be the proceeds of crime and therefore committed the offence of money laundering.

According to the evidence, Michelle Fraser went to an unknown woman at an unknown address and collected US$289,000. She then took the US$289,000 to Laparkan Financial Services and exchanged it to Guyana currency.
At Laparkan Financial Services, the defendant requested that the Guyana money
be delivered to her as follows:
1.      One cheque for $16,910,000 in the name of Adrie Callender-Martin;
2.      One cheque for $38,000,000 in the name of Lisa Witter;
3.      $578,000 in cash.

Upon receipt of the cheques and cash, Michelle Fraser then took the cheques to the New Building Society to deposit them into the accounts of Adrie Callender-Martin and Lisa Witter. In doing the aforesaid, Michelle Fraser was engaging in a transaction involving an extremely large quantity of US
money.
The circumstances themselves give rise to suspicion, that is, that she cannot identify the woman or the address where she collected this large quantity of money; as well as, the large quantity of money she was handling.
Adrie Callender-Martin and Lisa Witter, into whose names the cheques were written, were both convicted in England for the offence of Trafficking in cocaine. Narco trafficking is a prescribed offence as
stated in the Second Schedule of the Money Laundering (Prevention) Act 2000.

The Money Laundering (Prevention) Act 2000 states at section 3 that a person who engages in money laundering is guilty of an offence. Money Laundering is defined in section 2 (j) of the Act as follows:
(i)     engaging, directly or indirectly, in a transaction that involves property that is the proceeds of crime, knowing or believing the same to be the proceeds of crime; or
(ii)    receiving, possessing, managing, investing, concealing, disguising, disposing of or bringing into or removing from Guyana any property that is the proceeds of crime, knowing or believing the same to be the proceeds of crime.

Prosecution under the Money Laundering Act requires the fiat of the Director of Public Prosecutions before any charge can be instituted.

Since the enactment of the Money Laundering Act in 2000, referred to as the “old” law, applications have been initiated by the DPP to have the “proceeds of crime” forfeited or in some instances, a freezing of the assets. Once the orders are granted, the Minister of Legal Affairs directs the manner of disposal in accordance with section 20 of the Money Laundering (Prevention) Act 2000.

During the course of the investigations by the metropolitan police in the UK, based on comity and mutual assistance treaties, orders made in the United Kingdom in relation to persons charged there for drug-smuggling and money laundering, were validated by the Guyana High Court and as a result of the information received, the proceeds of crime were traced and frozen based on applications made by the DPP. One of the assets was account # 161 683 8 at the Republic Bank into which the thirty eight million dollars was deposited from the US$289,000.00 which Michelle Fraser had exchanged at the Laparkan Cambio for Guyana currency.

Adrie Callender-Martin and Lisa Witter were two of the persons in the “Bling Bling” gang who were investigated and subsequently charged by the Metropolitan Police of the UK. On 3rd May, 2005, Lisa Witter pleaded guilty at Snaresbrook Court before Justice King to three narcotic offences and
Adrie Callender-Martin was convicted on 22nd May, 2007, at the said Snaresbrook Court of Narcotic offences too.
On 17th January, 2008, both signed Confiscation Orders in relation to the assets that the DPP had obtained Freezing Orders for here in Guyana. Despite this Confiscation Order, an ex-parte application dated September 3, 2008, was made to the High Court by Attorney at law Mr. Nigel Hughes on behalf of Cymone Witter, the sister of Lisa Witter, for access to and permission to withdraw account #
161 683 8 at the Republic bank which held the said thirty eight million dollars .
Justice Brassington Reynolds, without hearing the DPP who had applied for the Freezing Order, made the matter inter partes with Republic Bank and granted the application for access to and permission to withdraw account # 161 683 8 at the Republic Bank.

Further investigations are undergoing in relation to tracing the money withdrawn from account # 161 683 8 at the Republic bank. A substantial amount of the said money has been traced so far.
These “proceeds of crime” refer to any property derived or realized directly or indirectly from a serious offence and includes property into which derived or realized directly from the offence was later converted, transformed or intermingled as well as income, capital or other economic
gains derived or realized from such property at any time since the offence.

Upon convictions of Adrie Callender-Martin and Lisa Witter, applications were now made by the DPP for forfeiture and confiscation of the assets in the two accounts. The assets in the two  accounts which are in the name of Lisa Bennett were forfeited and confiscated by the Chief Justice.

In determ
ining whether or not any property is derived from or connected or related to a money laundering offence, the court shall apply the standard of proof required in civil proceedings.