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US $11, 5000 CASH FORFEITURE ANTHONY DANIELS



Ministry of Finance and the Public Service | 2018-07-05 10:56:00

On Thursday June 28, 2018, the Financial Investigations Division (“F.I.D.”) was successful in obtaining a cash forfeiture order in the amount of  United States Eleven Thousand Five Hundred Dollars (U.S.$11,500.00) and Jamaican Two Hundred and Sixty-Six Thousand Dollars (J$266,000.00), along with all interest accrued thereon.

The cash was seized on October 2, 2014, during an operation conducted by the Transnational and Narcotics Division at the apartment of Anthony Daniels.  During the operation, a Lexus motor car for which Mr. Daniels had possession of was also searched and compressed ganja weighing 18 lbs 15.34 ounces was found. Mr. Daniels was subsequently charged with Possession of Ganja, Dealing in Ganja, and Taking Steps Preparatory to Export Ganja and Conspiracy to Export Ganja.

During an interview, Mr. Daniels gave the investigating officer a number of sources for the seized cash.  He stated that some of the cash came from a clothing store owned by him and a business partner and also provided documents to show that he received monies from his deceased father’s estate from as far back as December 2012.

Mr. Daniels was subsequently acquitted of the criminal charges brought against him. Nevertheless, the FID proceeded with a civil cash forfeiture application in relation to the cash that was found.

 

 

 

During the hearing of this application, Mr. Daniels informed the Court that all goods sold in his clothing business were purchased overseas, that his business partner travelled on average four times per year to purchase the clothing and that the value of the clothing purchased was of a certain amount.  One of the FID’s witnesses employed to the Jamaica Customs Agency, however provided documentary evidence which assisted the FID with refuting Mr. Daniels’ claim regarding the sum of money that was spent on each occasion by his business partner, the frequency which he claimed that he imported items for the business as well as the description of the items he claimed were imported for his clothing business.

The Agency also relied on the evidence of witnesses from the Tax Administration of Jamaica and the Companies Office of Jamaica.

Mr. Daniels’ business partner, who was the person solely responsible for purchase of goods for resale, filed no application for the release of any portion of seized cash neither did she appear in Court as a witness on Mr. Daniels’ behalf.

The forfeited cash in accordance with the POCA will be deposited to the Consolidated Fund.




Posted By :Ministry Service

Company Name : Ministry of Finance and the Public Service

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Company Address : 30 National Heroes Circle Kingston 4


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