(Trinidad Guardian) The upcoming final judgment in the successful Piarco Airport civil case in Miami will be completed by settling pre-verdict interest over the 19 years which the case took to complete, plus costs—which could bring the final figure which T&T will receive close to TT$1 billion.
And enforcement of the judgment will involve tracing of individuals’ assets locally, as well as overseas.
This was indicated yesterday by Government officials, following T&T’s victory in the Piarco Airport civil asset forfeiture case in the Miami Dade Court on Wednesday.
The recently concluded case was against T&T businessman Steve Ferguson, former Minister Brian Kuei Tung and US businessman Raul Gutierrez Jr.
The state alleged that Ferguson, Kuei Tung and Gutierrez had conspired with others to corrupt the bidding process on two construction packages, as well as the maintenance contract for the Piarco International Airport.
Gutierrez was the former principal of Calmaquip Engineering Corporation, which provided specialised equipment at the airport
The matter had taken 19 years since it was first launched in 2004 by the Patrick Manning People’s National Movement (PNM) administration. The current Dr Keith Rowley administration, on entering office, had taken up the matter, accusing the past People’s Partnership government of not doing anything on it.
The State filed its initial complaint in May 2004 and by April 2007, the case included a total of 56 defendants. Over the years, some persons in the matter had been found guilty and settled, and received jail sentences.
The recent segment against Ferguson, Kuei Tung and Gutierrez was concluded in the three-week trial in Miami.
On Wednesday, the Florida jury found “clear and convincing evidence” that Ferguson had violated Florida’s racketeering statutes, and was also liable for fraud and conspiracy to commit fraud. The jury found Ferguson liable for multiple claims arising from fraud perpetrated in connection with the redevelopment of the Piarco Airport in the late 1990s and early 2000s.
The court had earlier found that Kuei Tung and Gutierrez were liable. The jury concluded that all three defendants were liable for US$32,385,988 in damages suffered by T&T and granted the racketeering claims made by the State. This trebled damages.
On Wednesday, it was reported that the State will be the beneficiary “of the trebling of damages automatically”—approximately US$99 million.
This amount will be in addition to the pre-judgment interest of at least US$25 million, all totalling over US$100 million – TT$700 million.
Costs are now expected to be added to that figure, taking the total closer to almost TT$1 billion, officials explained.
Final judgment is expected in the upcoming weeks.
Yesterday, Kuei Tung said he had no comment on the outcome. Ferguson didn’t answer calls or texted queries on the trial yesterday.
However, Ferguson was reported yesterday as saying he intends to appeal the decision, claiming several elements of the case were prejudicial. He also accused Al-Rawi of entering false statements during the trial.
Meanwhile, participants in the Miami case yesterday said Ferguson’s son was present in the courtroom, as was a senior female official of Maritime.
In the enforcement of judgment and tracing of assets which will be coming, T&T officials said all assets—locally and overseas—of certain individuals will fall under scrutiny.
Former UNC Minister Sadiq Baksh, whose recorded testimony was among those for the defence in the case, didn’t answer calls yesterday on the outcome.
UNC officials, meanwhile, indicated they would await the transcript of the court proceedings before commenting.
Former attorney general Al-Rawi, who was T&T’s corporate representative in the case and who was in Miami since early March for the trial, returns home tomorrow, officials said.
