March 2012, in a hit-back at the courts attempt to follow the money
and compel the national football federation to bring its rogue agent
Jack Warner to book, attorney Om Lalla asserted that improper pressure
was being brought on the Federation and its executive to coerce them
into action against his client and former de facto boss of the Trinidad
and Tobago Football Federation (TTFF).
The Lalla accusation
followed half a dozen years of courtroom manoeuvres thrown up by Warners
frontmen, Oliver Camps and Richard Groden, to dodge a volley of
full-disclosure orders made by the court for the federations accounts.
The Camps-Groden-led TTFF repeatedly failed to produce full and accurate
financial records, as ordered, and disclosed instead four sets of
conflicting accounts done by Warners accountant-in-chief, Kenny
Rampersad.
It was only when they were threatened with contempt
proceedings that Camps and Groden admitted to the controlling role
Warner played from behind the scenes. In startling court affidavits
filed last year,Shop wholesale bestsmartcard controller
from cheap. the two men separately pinned the entire debacle of false
and misleading financial information relating to TTFF and LOC Germany
2006 Ltdthe company used as a clearing house for World Cup sponsorship
moneyon the man they previously described as a benefactor and the best
thing to ever happen to local football.
They made it clear that
Warner was the mastermind behind the scenes and the man holding all the
books and financial records of the national football federation and LOC
Germany. The two understated the facilitating role they played in giving
the self-appointed negotiating agent of LOC Germany full control of all
of the fede-rations World Cup sponsorship revenuesaid to be about
$205.6 million, of which more than $100 million is unaccounted for.
The
Camps and Groden duet claimed Warner had failed to respond to their
repeated requests for financial records and other banking information
related to the two companies. With the threat of contempt proceedings
hanging over his head and no free get-out-of-jail card in sight, the
former TTFF president of more than ten years, Camps, on February 17 last
year, had his newly rostered lawyer, Derek Ali, dispatch a pre-action
protocol letter to Warner with a demand for an account of sponsorship
and other monies related to the 2006 World Cup campaign.
His
previous lawyer on record, Om Lalla, who is also Warners substantive
local counsel, in correspondence addressed to Ali and submitted to the
court, took apparent umbrage with the tone and specific nature of the
Camps request.
In criticism directed at the presiding judge,
Devindra Rampersad, Lalla said: We wish to express our grave concern at
what we can only describe as what appears to be improper pressure being
brought on the TTFF and its executive to coerce them into action against
our client. We have sought the opinion of Senior Counsel on this matter
and, should the occasion arise, we will take the necessary steps to
strenuously protect the interests of our client. The letter noted that
it was Camps who organised the business of football through the TTFF and
LOC Germany 2006.
He, however, omitted to mention that LOC
Germany was a Warner-Rampersad creation in which Warners son, Daryll,
and longtime secretary, Patricia Modeste, were also directors together
with Groden and Camps.
Lalla noted: Your letter states that you
are instructed that our client received monies, gifts, donations, grants
and other benefits for and on behalf of the TTFF and for the benefit of
the TTFF. If by this it is meant that our client was
personally/beneficially in receipt in his own name of such gifts and
other like donations and benefits, we are advised that your instructions
are totally incorrect.
Lalla said Warner was well known for the
prominent role he played as TTFFs special adviser in national and
international football,Choose the right bestluggagetag in
an array of colors. and made clear that his client was never
personally, in his own name, in receipt of monies, gifts, donations,
grants and like benefits on behalf of the TTFF either as agent or
servant which were not handed over or deposited to the accounts of the
TTFF and LOC Germany 2006.
He held that: All contributions were
made directly to or in the name of the TTFF and or LOC Germany 2006.
Lalla neglected to mention the small detail of the tens of millions of
public and private sector funds redirected from TTFFs bank accounts to
LOC Germany and other private Warner corporations or the fact that
Warner had exclusive control of LOC.
He contended that all
monies received on behalf of the Football Federation were either payable
or made payable to TTFF and/ or LOC Germany and not to our client in
his personal capacity.
Lalla countered that contrary to the
claim of Warner being reluctant to assist the court, we are instructed
to assure you that at all times our client has given full and honest
disclosure of all rele-vant information within his knowledge.
Lalla
argued that: The imputation contained in your instructions that our
client in some way failed to make honest and full disclosure of all of
the sponsorship revenue was disappointing and deeply resented and
rejected. He said, Nothing could be further from the truth, and noted
that Warner had re-doubled his efforts to determine if there was further
information relevant to the courts enquiry that he might have
overlooked.
Lalla pointed to the audited accounts of the TTFF
and a reported $15 million debt owed to Warner for cash advances made to
the federation. He noted that in addition to the $15 million debt
stated in TTFFs audited accounts, Warner had been instrumental in
providing leased premises to the federation, to which outstanding rent
of over $1 million was owed.
Ignoring the built-in conflicts of
interest related to Warners lease arrangements with related football
bodies, the Lalla letter stated: This is mentioned not by way of any
threat of immediate action to recover these outstanding monies but to
demonstrate the fact that contrary to the imputation inhe-rent in your
instructions the attitude and position of our client to yours has always
been generous and not predatory.
He also did not go into the
opaque and confusing accounting picture created by the several sets of
Rampersad-produced accounts and the huge and conflicting gaps between
the different Rampersad-disclosed sponsorship income and the $205.6
million figure provided to Mike Townley by the previous administration.
Townley,
the English lawyer for the Soca Warriors, said recently Warner and the
Football Federation had shown a shameful disregard for the process of
law. He declined to talk about the specific settlement numbers currently
under discussion with TTFFs new boss, Raymond Tim Kee, but was clear
that: The dispute reached a point of stalemate with the TTFF refusing
consistently to provide the accounting evidence that we need to
establish the players entitlement.
According to him: There have
been all sorts of games played out over the past years with the
intention of hiding the real figures for the revenue gene-rated from the
2006 World Cup. TTFF initially were happy to produce accounts until we
pointed out that they were manifestly false, and then they tried to
blame Jack Warner for keeping all the relevant information to himself.
He says,You Can Find Comprehensive and in-Depth carparkmanagementsystem truck
Descriptions. Oh no, I gave you all that information years ago. We are
left now with little option but to petition the court for the winding-up
of TTFF so that an Insolvency Trustee can open an investigation into
where the money has gone.
Asked how this case measured up with a
varied legal career which included some significant pieces of
legislation, Townley told the Express: No one has come close to this.
The mendaciousness of the defendant from the outset, the determination
to hide the truth, the defiance of court orders, the false-accounting
coupled with the high-handed manner that suggests that it is in fact the
claimants who are at fault is staggering. It is in fact Kafkaesque.
Townley
said: Before the credibility of the TTFF and those managing it were
brought to nought with all their lies they used to regularly lambaste
the claimants for not respecting the sanctity of the court. They are a
parody of themselves.
He said things reached a farcical level
when we applied to join Warner to the action and the same lawyers
claimed to represent Warner and the TTFF and refused to acknowledge the
obvious conflict of interest even when this was pointed out by the
judge.
The roster of lawyers representing both the football
federation and Warner up to last year included Dereck Balliram, British
QC William McCormick and Om Lalla. Documents obtained by this newspaper
show that on March 5, 2011, Lalla sent an e-mail about the previous days
CMCs (Case Management Conference) hearing to several persons, including
clients Warner, Camps and Rampersad.
The e-mail noted in part:
The two major issues to have been determined was the time frame for the
preparation of detailed accounts as per the Order.Elpas Readers detect
and forward 'Location' and 'State' data from Elpas Active RFID Tags to
host besticcard platforms.
The time given is three months which is very generous given the last
comments of the judge and opposition of the claimants. I request that
Kenny Rampersad be immediately contacted to see if he can comply with
the Order of the court as compliance will be crucial at this point.
The
e-mail urged: Pls bear in mind the ability to successfully argue this
matter depends on the ability to provide accounts requested by the
judge. If at that stage we are unable to provide details of where the
money was spent the judge can request tracing Orders to see where the
money went. I can provide more details of what is expected or done but
will prefer to do so at conference.The 3rd International Conference on custombobbleheads and Indoor Navigation.
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