PHILIPSBURG--Following a request from FirstCaribbean International Bank’s long-standing client Demitrus Marlin to the Central Bank of Curaçao and St. Maarten (CBCS) to conduct a fraud investigation, FirstCaribbean is taking its client to court. On Friday, March 8, the bank will argue that Marlin’s actions are damaging the bank’s reputation and will request that the court order Marlin to cease sending emails, under penalty of an immediately-payable fine of US $5,000, up to a maximum of US $250,000.
While FCIB considers Marlin an ex-client, the bank still holds a mortgage on Marlin’s property in Cole Bay. Marlin, who describes the Marlindo building next to Tropicana Casino as his life’s work, said, “It was built with my two sons in mind, thinking that the rental of the apartments and commercial units would generate enough funds for their studies in the Netherlands or elsewhere. It was an investment in their future."
Marlin disputes the bank's claims, asserting that he had only one loan with FCIB in June of 2007 for $960,000. This loan was fully paid off by April 2009. He denies the bank's assertions that additional loans were given in May 2009 for $340,000 and in April 2010 for $365,479.45, saying these claims are incorrect.
Marlin alleges that the bank has repeatedly failed to provide evidence of funds being credited to his accounts. He points out similar instances in the past where the bank alleged he owed $350,000 on an account, but after years of inquiry, the account number was proven to be non-existent. He also mentions a person’s experience with another local bank, where he was falsely accused of owing $600,000 for a second loan. Marlin suggests that such practices are common among foreign banks operating in the Dutch Caribbean.
In November 2023, FCIB offered to forgive Marlin a debt of US $82,521.63 in interest based on a principal balance of US $1.00, as stated in a letter dated May 25, 2018. Marlin rejected this offer, insisting that the bank provide evidence supporting the outstanding amount.
In response to Marlin's actions, FCIB's attorney, Charles Rutte of HBN Law, said that Marlin had lost several court cases against the bank, justifying the bank’s demand for him to stop making unlawful statements about the bank and its staff.
In the complaint filed for the court proceedings on Friday, FCIB’s attorney stated: “Marlin is a former customer of the bank. He has taken out various loans with the bank. Due to Marlin’s failure to meet payment obligations to the bank, the bank auctioned various apartment rights of Marlin on the basis of the mortgage right granted by Marlin to the bank. Marlin has tried in vain to oppose this through various legal proceedings.”
Additionally, according to the lawyer on behalf of FCIB, Marlin “began to make all kinds of serious and unfounded accusations against the bank and its staff in, among other things, emails and letters that he also sent to various third parties.” Attached to the complaint are emails from Marlin in which he requests that the Central Bank, the Minister of Finance, and the Prosecutor's Office initiate an investigation.
Minister of Finance Ardwell Irion received a request on December 20, 2023, to instruct the CBCS or a forensic accounting bureau to conduct a forensic audit into criminal activities and accounting fraud at FCIB St. Maarten. Irion, citing legal restrictions, asked the CBCS Board of Supervisory Directors to investigate the matter.
FCIB alleges that Marlin's negative comments about the bank, primarily in emails and letters, are damaging its reputation. Marlin’s practice of copying his emails to various authorities, including the Kingdom Relations Committee and Orco Bank with which FCIB is negotiating, has further angered the bank.
The Court is requested to impose a ban on Marlin from mentioning the bank negatively, subject to a penalty of US $5,000 for each violation. Additionally, FCIB seeks a prohibition on Marlin contacting the bank through any means.
