(Trinidad Guardian) Victory after 19 years of pursuit, a beaming former attorney general Faris Al-Rawi said yesterday.
This after Trinidad and Tobago emerged victorious in the civil asset forfeiture trial stemming from the Piarco International Airport corruption probe which the PNM Government had pursued in Miami since 2004.
The win came following the case’s conclusion in the Miami Dade Circuit Court, where Judge Reemberto Diaz presided over an announcement of the verdict around 6 pm.
The jury in the matter concluded that the three defendants—T&T businessman Steve Ferguson, former minister Brian Kuei Tung and US businessman Raul Gutierrez Jr—were liable for US$32,385,988 in damages suffered by T&T.
The court granted the racketeering claims made by T&T, which trebled damages.
Former attorney general Faris Al-Rawi, who was in Florida since early March as T&T’s corporate representative in the case, confirmed the outcome at 6.30 pm yesterday.
Al-Rawi was photographed on the steps of the court building along with T&T’s US attorneys in the matter, the New York firm of White and Case, after the win.
“This is a victory for the people of T&T…” Al-Rawi declared.
The longstanding effort by Government had been an attempt to recoup approximately US$37 million from alleged racketeering charges in the Piarco development project filed under the US’s Racketeering and Influence Corruption Organisation Act (RICO). Government had also sought to get triple the amount in damages.
Yesterday, Al-Rawi said, “The jury found by clear and convincing evidence that Ferguson had violated Florida’s RICO statutes, and was also liable for fraud and conspiracy to commit fraud. The jury further found that the defendants caused over US$32 million in damages to the Republic of Trinidad and Tobago.”
He added, “The net effect of the verdict is that the State is the beneficiary of the trebling of damages automatically and is also entitled to prejudgment interest of at least US$25 million. Final judgment will be well in excess of US$100 million.”
In the case involving T&T’s Attorney General versus Birk Hillman Consultants, Inc. “et al,” the State alleged that defendants Ferguson, Kuei Tung and Gutierrez Jr had conspired with others to corrupt the bidding process on two construction packages, as well as the maintenance contract for the Piarco International Airport.
After approximately two hours’ deliberation yesterday, a jury, comprising six residents of Miami-Dade County, found Ferguson liable for multiple claims arising from fraud perpetrated in connection with the redevelopment of the Piarco International Airport in the late 1990s and early 2000s.
The court earlier found that defendants Kuei Tung and Gutierrez Jr, the former principal of Calmaquip Engineering Corporation—which provided the specialised equipment at the airport—were liable. Calmaquip was formerly headquartered in Miami.
Yesterday’s outcome was the culmination of the State’s initial complaint filed in May 2004 by then-AG John Jeremie. By the time the State filed its Fifth Amended Complaint in April 2007, the case included a total of 56 defendants, including 11 individuals, 12 corporate entities and 33 in rem defendants (comprised of bank accounts and tangible assets).
In April 2016, the court granted summary judgment against Gutierrez, concluding he was liable for fraud and violations of Florida’s Racketeering and Influenced Corrupt Organizations statute. Gutierrez pleaded guilty in 2006 to charges of conspiracy to commit wire fraud and transportation of stolen property in violation of US federal law related to his involvement in the Piarco project.
In October 2019, the court defaulted Kuei Tung for refusing to attend his deposition to answer questions about the case. The default resulted in liability against Kuei Tung for the same claims. The court also determined that Kuei Tung was liable for conspiracy to commit fraud.
On March 6, Judge Diaz commenced a four-week jury trial to determine liability against Ferguson and damages for the other defendants.
Opening statements were delivered by each party on March 8. T&T, represented by its US counsel, White & Case LLP, presented 10 days of evidence against the defendants. The defendants followed with four days of their evidence.
Al-Rawi added, “In the coming weeks, proceedings will be set to enter final judgment in accordance with the verdict. The State will pursue its recovery of the award in due course.”
Forensic sleuth Hans Marschdorf assisted T&T
Submissions in the case began with Al-Rawi, who had salvaged the matter when Government entered office. He’s been Government’s representative since the Florida court disqualified Attorney General Reginald Armour last year, after Armour became T&T’s AG in March 2022.
Kuei Tung’s legal representative argued that Armour had represented Kuei Tung in the Piarco matter in T&T years ago.
Government lost its appeal of Armour’s disqualification in January. The court also disqualified US law firm Sequor Law, which was working on the matter. White and Case was subsequently hired.
Witnesses for T&T included ex-NIPDEC head Margaret Thompson, AATT’s legal adviser Karen Fournellier, damages expert Andres Alva and forensic investigator/asset tracer Hans Marschdorf. The latter was part of forensic investigator Bob Lindquist’s team mandated by the past PNM Government to handle investigations on the Piarco issue in its earliest stages.
T&T’s case also involved witnesses from banking and other sectors, use of alleged bank and property records and depositions from four US men found guilty in the Piarco matter and who served jail time.
The defence presented submissions in the last week. That included a witness statement read out from former UNC minister Sadiq Baksh. Other witnesses included Peter Cateau and Neil Gaudion.
After the matter began under the Patrick Manning PNM administration, the Dr Keith Rowley PNM administration pursued it, accusing the People’s Partnership Government of not doing anything on the matter.
Ferguson, Kuei Tung and Gutierrez Jr. were the only three defendants left in the civil case from the original 2004 matter.
The claim represented the only trial in 19 years where Ferguson and any UNC Cabinet member had faced a court in a trial – and not a preliminary inquiry.
The matter is the only other trial where T&T has obtained relief, except for the plea bargain by Ronald Birk in T&T. Most other defendants pleaded guilty, settled and served jail time. The Miami case has been described as the longest-running for a major white-collar crime case.