St. Maarten’s Asset Recovery Team conducted its first known action on the island by seizing a sports car and several other items in Cul de Sac (see Friday paper). The owners are reportedly suspected of money-laundering, forgery and tax-evasion, so their possessions believed to have been the proceeds of unlawful activities were confiscated.
When the team that comprises the Prosecutor’s Office, Police Force, Tax Authority, Social and Health Insurances SZV, Customs and the Dutch Caribbean Coast Guard was being established last year there was considerable concern over residents having their properties taken and possibly quickly auctioned without proper legal recourse. This could conceivably happen even though there might be a good reason why they can’t quite prove acquiring them in a legitimate way.
Then Justice Minister Rafael Bosman tried to quell those fears in Parliament, saying much depended on the nature of the seizure, whereby in fiscal cases whether or not there is an existing assessment/outstanding liability plays a role. The persons in question can always object and go to court even if it is only to be compensated should the goods have already been sold.
However, the main argument was that only those presumed to have enriched themselves through their involvement with crime based on preliminary investigation will be targeted. As stated in this column at the time, residents who did no wrong in principle have nothing to worry about provided this far-reaching new law enforcement tool is used in a very judicious and prudent manner.
