FID cracks down on PPO delinquents

Two men accused of breaching pecuniary penalty orders (PPOs) imposed by the court are facing fresh charges, as the authorities signal a get-tough approach against individuals who fail to comply with the orders.

A PPO is a court-order obligation under the Proceeds of Crime Act (POCA) requiring individuals or entities to repay the value of benefits believed to be derived from criminal activities.

Section 16 of the POCA stipulates that a person commits an offence if he or she fails to pay any amounts required under a PPO within the time allowed, and faces up to five years in prison if convicted.

Jason Kameka and Orville Barriffe were taken into custody by the police and charged for breaching the POCA legislation, according to a statement released by the Financial Investigations Division (FID) yesterday.

A PPO of $18.1 million, which dates back to 2020, was imposed on Kameka, who was previously convicted in the Kingston and St Andrew Parish Court for conspiracy to defraud, obtaining money by false pretence, and aiding and abetting an offence under the Cybercrime Act, the FID disclosed.

“Investigations later revealed that no payment was made despite the court order,” the statement claimed.

In Barriffe’s case, a consent PPO was made on September 21, 2022 in the amount of $6 million.

The order required him to make an initial payment of $600,000 within 30 days, followed by monthly payments of J$235,000 for 22 months and a final payment of J$230,000.

“FID’s records indicate that although partial payments were made, the majority of the amounts remain outstanding and there was no evidence of an appeal or an application for additional time,” the statement claimed.

It said a directive to pay the outstanding amount was also ignored.

Up to September 30 last year, there were 17 people who were ordered by the courts to pay PPOs totalling J$114.7 million, according to the FID.

Two were under appeal, three people are fully compliant, and 12 were delinquent, “meaning they are at least one month behind on their court-ordered obligation”, the FID said.

Keith Darien, principal director of investigations at the FID, said the agency would continue to act decisively where persons ignore PPOs.

“The FID will not tolerate situations in which persons benefit from unlawful conduct, are given a lawful opportunity to satisfy the order of the court, and then choose to disregard those obligations,” Darien said.

“Where breaches occur, we will pursue the matter fully and without hesitation.”

Kameka is scheduled to appear in court tomorrow for the alleged breach, while Barriffe has an April 7 date.