FID wins big

THE Financial Investigations Division (FID), in its capacity as Jamaica’s assets recovery agency under the Proceeds of Crime Act (POCA), has secured a Pecuniary Penalty Order of $62 million against businessman Ou Yongjia, following his convictions for unauthorised use of a trademark and misleading and deceptive conduct.

The order was made by consent in the Home Circuit Court of the Supreme Court on October 2, 2026, pursuant to Section 5(3)(b) of POCA.

As the initial sum payable under the order, Yongjia agreed to forfeit $20 million held in bank accounts that were restrained by the Supreme Court on March 18, 2025. He will pay the balance of $42 million to the FID in monthly instalments commencing February 2, 2027.

The matter began on February 11, 2021, when police executed a special warrant at a business premises owned and operated by Yongjia.

Officers seized 2,840 pairs of counterfeit slippers bearing the trademark designs of three popular brands, two invoice books, and $829,000 in cash. Based on the selling prices recorded in the seized invoice books, the FID estimated the value of the counterfeit slippers at $1.3 million.

Yongjia was charged on March 4, 2021. On December 7, 2022 he pleaded guilty in the Corporate Area Parish Court (Criminal Division) to one count of misleading and deceptive conduct, contrary to Section 28(1) of the Consumer Protection Act, and three counts of unauthorised use of a trademark, contrary to Section 69(1)(b) of the Trade Marks Act.

He was fined $375,000 on each count, or nine months’ imprisonment in default, a total of $1.5 million, which was paid on the same day. A separate charge of possession of criminal property was withdrawn by the prosecution.

Following the convictions the matter was committed to the Home Circuit Court so the FID could pursue a Pecuniary Penalty Order or Forfeiture Order under Section 5 of POCA. The FID subsequently filed its application in 2023. By virtue of his convictions Yongjia was deemed, under Section 6(1)(a) of POCA, to have a criminal lifestyle, from which he obtained a benefit.

The FID’s financial investigators examined records relating to four bank accounts held by Yongjia and his business between 2019 and 2024, including records obtained under a Production and Inspection Order. This was followed by a sworn statement of information filed with the court on March 11, 2025. The $62-million sum was agreed between the parties, and Yongjia consented to the order being made without a benefit hearing, and waived his right to challenge or appeal the FID’s application.

Under the consent agreement, interest will accrue at five per cent per annum on any instalment not paid by its due date, and the bailiff of the Supreme Court is authorised to seize and sell chattels owned by Yongjia, without further order of the court, to satisfy any sums left unpaid.

The agreement also provides that failure to comply with the payment schedule is an offence, punishable on conviction before a parish court judge by imprisonment for a term not exceeding five years, and that any reversion to or future participation in criminal conduct would permit the FID to pursue the full amount of the assessed benefit.

The court’s order carries a penal notice and gives the FID liberty to apply to enforce its terms.

FID’s Principal Director of Financial Crimes Investigations Keith Darien said the outcome reflects the careful work of its investigators who followed the financial trail connected to the case and presented a clear, evidence-based picture to the court.

“It also reflects the importance of our collaboration with law enforcement partners. The FID remains committed to ensuring that those who profit from unlawful conduct do not keep the benefit,” he said.

Added FID Senior Director of Legal Services Courtney Smith: “Jamaica’s asset recovery framework continues to mature through the restraint, seizure and confiscation of criminal property, advancing the broader objectives of punishment, deterrence and rehabilitation. This outcome demonstrates our commitment to depriving offenders of criminal benefits, encouraging lawful conduct, and ensuring that crime does not pay.”

A Pecuniary Penalty Order requires a person to pay a sum of money in respect of benefits obtained from criminal conduct. Asset recovery under POCA is a lawful, court-supervised process, and the FID said it will continue to take lawful steps, where the evidence supports it, to remove the benefit from crime and protect Jamaica’s financial system from criminal abuse.