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Legal options yes but damage control too, says AG

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Attorney General Justin Simon

Attorney General Justin Simon, QC

Antigua & Barbuda is looking at its legal options in the face of the class-action lawsuit announced by Stanford investors, but Attorney General Justin Simon who’s making the enquiries also wants the government to immediately begin a campaign to counteract the group’s boycott calls.

He made the comments on Observer AM yesterday, a day after the Stanford Victims Coalition (SVC) said they were taking action against the Eastern Caribbean Central Bank (ECCB) and the Government of Antigua & Barbuda, accusing them both of being Allen Stanford’s partner in his alleged fraud. It also announced an “Anti-Crime, Anti-Antigua” campaign that calls for travel agents and international financial organisations to boycott the country.

“I will be seeking advice from our American attorneys,” Simon said regarding government’s response to the lawsuit. He said that although Antigua & Barbuda has not yet been served with legal documents that will make the claim official, the country isn’t waiting until then. “We are going to assess the likely response, legally.”

“But I think more than that, what concerns me very greatly is the move to advertise Antigua & Barbuda as a criminal state, as a country that is bent on stealing the assets and investments of overseas persons. I think this is a serious propaganda, I think it’s a serious slander and libel against the state and we need to put something in place to address this matter in the overseas market and the international community. That is something that has to be done now.” Simon said.

But the SVC has insisted that it will not ease the pressure off Antigua & Barbuda until the government “does the right thing.”

Spokesperson Angela Shaw, also speaking on Observer AM, said all Stanford’s property was bought with the money of swindled investors and it should therefore be given to them.

She claimed that the investors do not want to hurt the island, but she insisted they will be going all out to recover at least some of their investments.

“The government can fix this before it gets out of control. It’s up to them. It’s not an action that we would pursue if they were doing the right thing. We have given them a year to do the right thing and they have not so it’s not really up to us; the ball is in their court,” Shaw insisted.

Questioned about what that “right thing” was, she said the government should hand over any Stanford’s properties that were taken by the government: “Anything purchased with our money should rightfully come back to us,” she said.

However, the attorney general said on the programme yesterday that even the Stanford lands which the government compulsorily acquired soon after the former billionaire was accused of the US $8 billion fraud, are still in limbo. He said the matter remains in the courts.

“There has been a challenge and an order was made by the court, with my consent on behalf of government, that we would do nothing further in respect of the acquisition so there has been a total stay on the matter until the court makes a determination on this,” he said.

As for the takeover of the Bank of Antigua, which the investors’ lawsuit has given as the basis for drawing the ECCB into their quarrel with Antigua & Barbuda, Simon has remained firm that the regional institution did the right and legal thing.


46 Responses to “Legal options yes but damage control too, says AG”

  1. turki says:

    i really feel sorry for the victims but this lawsuit makes no sense. lawyers taking peple for a ride

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  2. Leave Antigua alone says:

    Sympathy for the Stanford Victims Coalition has dried up in the United States and even the American Receiver’s(Mr. Janvey) request, for congressmen, who received up to $1.8MILLION dollars in campaign contributions, from Allen Stanford Company, to return the money, has been ridiculed. Most of the congressmen, both democrat and republican have refused to return money they got from Stanford to the victims, which has prompted to receiver to threaten a law suit to recover the donations. To date only $80,000 of the $1.8 MILLION has been returned or given to charity.So the SVC is deperate and sees blackmailing the Sovereign State of Antigua and Barbuda, as their only strategy to recover their investments. Meanwhile Angela Shaw, spoke person for SVC will be screaming foul play at the top of her voice. She and her family had approx. $4.5MILLION invested in Stanford’s ponzi scheme. She should however confront Gaston and Molwyn to return contributions( approx.$US400,000) they got from Allen Stanford a few years ago. Although her choices in that endeavor is slim and none. Angela Shaw and her coalition will find out that the Antigua and Barbuda Government and the people of Antigua are no easy push-over. I am expecting the executive chairman of the ECCB to make a definitive statement about the slander of his institution, sometime today.

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  3. Night Watchman says:

    Typical American bullying…. She conveniently ignores the absolute complicity of the American regulators in allowing Stanford to operate as long as he did from Houston and Miami (sponsoring American Golf tournaments and the like), and figures that she can bully a bunch of local yokles to get what she wants…. what utter and complete arrogrance…. Her attitude is if you dont give me what I want (even though there is an existing legal controversy in progress), I will take the food from the mouths of your children…

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  4. tenman says:

    Perhaps what needs to be done is that the government provide these “investors” with someone they can contact via email or phone to get updates on what is happening and the government’s stance. Presently everyone is just shouting at each other. After creditors and such have been paid the “investors” are entitled to what ever is left but in the mean time we should at least show them some empathy. Obviously from the noise they are making these people are in desperate straights.

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  5. Cool Ruler says:

    tenman, empathy my foot, let them eat crow. since they refuse to target the real culprits who harboured Stanford hear, the persons who admitted they were the genessis and have this bullying attitude to hell with them.

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  6. DadliMan says:

    We have brought a lot of this negativity on ourselves. I think the SVC case is all BS, but we could have avoided some of the headaches.

    Prior to the 2004 elections, the UPP told us that all those lands around the airport were illegally transferred to Stanford. They told us that no lands within the confines of, or in close proximity to, the airport can be sold without the approval of the Aerodrome Superintendent. They told us that Stanford got those lands without such consent and that the lands would be reclaimed. As soon as they got into power their story changed and Stanford became an alliance partner.

    Similar claims were made regarding the lands Gaston Browne got without the approval of the National Parks. They followed through and took back Gaston’s land, but they sat on their hands accommodated Stanford in developing (adding value) to the lands they told us he illegally acquired.

    We should have followed through, taken back our land and given him back the $0.25 per square foot they told us he paid for it. Justin Simon has got to be the worst lawyer known to mankind. He has been a dismal failure as the chief legal advisor to the government. With such a trail of bad legal advice, in a real country, he would have been sent packing 6 years ago.

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  7. Greed No Pay says:

    I find the audacity of the Stanford investors amazing. You will note I refer to them as investors and not victims, and this is deliberate. They are supposed to be knowledgeable, sophisticated and experienced investors, so they would appreciate that the higher the reward the greater the risk. When GREED prompts you to go after a higher reward, you do so knowing that you could just as easily lose everything. Now that their greed backfired they are looking for sympathy.

    The so called victims, but more accurately referred to as greedy investors should be told to go to hell. Their claim has no merit.

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  8. Be Honest says:

    If the Antigua government thinks things are getting hot now they are in for a shock. Once Stanford goes to trial in 2011 the behaviour of the Antiguan government will be plastered all over the worlds news papers.

    Contrary to “Leave Antigua Alone” comments there is a growing wave of resentment against Antigua in the U.S., South America and Europe. And in 2011 this will devastate the tourism industry unless the government ceases and desists in its expropriation of land and assets.

    The government seem unable to grasp that there is undeniable proof the FSRC took bribes to cover up a Ponzi scheme, similarly there is an audit trail showing money from Stanfords victims was used to but the assets now expropriated by the government.

    Antigua refused to even acknowledge Stanford Victims Coalition for over a year hoping they would go away. Do they not realise the 28,000 investors world wide have family, even at the most conservative estimate taking into account family members the number of people furious with Antigua rises to over 100,000! Think about it…. the Antigua government has by its actions angered a a group of people that is as large as the population of Antigua. This doesn’t take into account friends of those affected or members of the public who have learned about the way Antigua has behaved towards the victims.

    The government of Antigua has managed to convince the population that it is the Stanford Victims who are the bad guys. In reality it is corrupt individuals within the government who grew rich taking bribes from Stanford that are the real criminals.

    Leroy King is the tip of the iceberg, who did King report to? who was Stanfords attorney on the island when the land around the airport was purchased from the government?

    Why was Stanford granted a banking licence on Antigua after he was kicked out of Montserrat by the Brits?

    if you want to know the real criminals in this whole sorry affair look to those government ministers who have mysteriously amounted millions of dollars. They certainly didn’t get that money on their salary working for the government.

    Simons can go to the US, but if he expects any sympathy he is in for a BIG shock………………

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  9. t says:

    All of us have our fifty cents to say after the fact. Nobody new exept a few that stanford was running a ponzi sceme, if there was one. As a matter of fact neither this Gov. Nor the one before. And to make matters worse, not one of the investors knew until now. They were ofered a get rich, get richer deal and took it without hesitation. Who are you going to blame. At one time by every one Stanford was regarded as the one who would save Antigua. It makes no sense we hop about gov. this and gov that. we believed that the man was legit and thats that. He had a good financial backround, even to the people who invested with him.
    We are sorry for them but plastering Antigua with such libel is not the way to go. The Government should take a strong stance against SVC. And now. I say sue SVC for such. We are as much a victim as them. Give them nothing. We in Antigua has already payed our dues for whatever is left here of sanfords empire. Plus am willing to bet some of them were already handsomely paid but want to cash in on somthing. The U.S Gov. should start looking into their financial records. Especially the ofshore ones. The ones they never paid taxes on. Shortly we will see the turn around. The SVC will become the Stanford Dedendant Coalition for invading the IRS.

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  10. tenman says:

    DadliMan you are right on point. This is what happens when we allow ourselves to be desperate for money and move away from our stated core values. You have the PM saying things like he is willing to put his political life on the line for the Stanford alliance. I still do not see why the government needed to acquire all of the lands. Lands strategic to airport development should have been acquired and as the law states market value applies. Further, I believe the Labor Party was right when it suggested placing a caution on the lands the government had no need to own, would have been the right way to go.

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  11. Antigua Bill says:

    At this point and time to talk about who said what or did is now irrelevent. Antigua need to find some way to negotiate with the SVA council. Antigua now need a good public relation organization to minimize the negative impact of any action that the SVA mignt take. The ECCB should also do something to ease the liability that Antigua might be burdened with, Antigua would be foolsh to go into litigation. Good luck.

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  12. Outside of the Box says:

    I would like the American government to step in the matter and said to the SVC: enough is enough! Antigua is bleeding enough from the Standford fallout. Many people lost their jobs, and Antigua has lost (to some degree) its reputation as an Off-Shore banking institution. I sympathize with many of SVC. However, I think that their class-action suit is not only frivolous, but, absurd as well. Many of them have benefited from Standford’s ponzi scheme, in getting huge returns at the expense of other investors. I hope that our AG and others do their utmost best to combat the SVC actions. Have a great day!

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  13. Unfortunate Truth says:

    The SVC would probably welcome Antigua suing them. Unfortunately for Antigua Peter Morganstern has all the proof he needs that the government of Antigua has acted illegally through emails and written records.
    This attorney isn’t getting paid unless he wins the case, and he’s not going to do any work unless he beleives he has a water tight case against the government.

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  14. Antiguan in Canada says:

    Stanford’s victims seem to be ignorant the current state of affairs with regard to the various issues before the courts. I have to wonder, do they really not know what is going on, or are they hellbent on tarnishing the country’s image whatever the facts may be?

    In any case, Simon is right that government needs to vigorously defend in country to the world. This defense should begin immediately. It would be better if it secured the services of professionals to do this.

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  15. VeNoM says:

    i hope the alp will participate FULLY in getting the country out of this mess since they hold the mojority of knowledge redarding RAS & his deals with the government. It had better not play politics, like it did with the dato tan fall-out by refusing to share its wealth of knowledge on the situation.

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  16. R. Baptiste says:

    These investors were using Stanford Bank as a Tax Shelter and paid the cost. They are currently being driven by their “Greed”. If someting sounds too good to be true, then it may just be that, Untrue. Should MAYDOFF’s investors sue the US Government? If he could fool the SEC, a sophistecated US agency, what can we expect from a 5th world country’s FSRC.

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  17. watchit says:

    The SVC are only asking for the lands they PAID for with hard earned money. All you people who say they should go to hell want to ask yourselves how you would feel if someone came and stole your life savings and said they had a right to do that.

    Regardless of what is happening in any other country and who is to blame for all of this, the fact remains that theft is theft and the government stole from these people and they are only asking for what has been taken from them. The government here were quick enough to take any money Stanford held out for them and many got very rich on the back of Stanford, now they are being told to give back what they stole. Right is right and instead of blaming the SVC and Angela Shaw, you should look at the actions of this government. If they had acted honestly -and followed the laws of their own country (pay for land that is expropriated) none of this would have happened. At the end of the day it will be the honest hard working Antiguan who will suffer because of the government actions. They have had 1 year to speak to the SVC and have ignored repeated letters, phone calls, emails and legal letters. Their refusal to respond to the situation has caused this mess and now they must face the consequences of their actions.

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  18. widget says:

    Property that belonged to Stanford in the US is being sold off and the money is going towards paying the victims back. Where does Antigua get off thinking that it can steal property and lands that was paid for with the money from these investors?

    Bad enough that they have lost their life savings and many are left with nothing, bad enough that they will only get cents in the dollar back from the receiver, but to have a government think they can also steal from them and get away with it is adding insult to injury.

    The government thought they were grabbing a cash cow when they took these lands and property and now their thoughtless actions are coming back to haunt them. These people have a right to what they have paid for, so give back all of Stanfords assets and you will save the people of Antigua a lot of grief.

    What happened to “we are taking the lands and properties to protect jobs of Antiguans”? We all know that the businesses have closed down due to lack of management by the government and the very people and jobs they used as an excuse to taking these assets are falling into disrepair and are now closed…so much for protecting the jobs of Antiguams!!

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  19. Antigua Bill says:

    Be Honest, I don’t know if my people are listening, much less grasp the magnitude of the problem. My people do not understand that the worst is yet to come. I must concur that the water is not boiling yet. This is an under statement to say my poor little country will be in more hot water than a tea bag come 2011. Time fly as fast as the wink of an eye, 2011 around the corner and the best to come. I don’t believe the best Public Relation organization in the world can help Antigua now or anytime in the near future.

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  20. Waste of Time says:

    I wish the Antiguans writing comments could actually write something factual instead on name calling and spouting government propoganda.

    People around the world are reading what is written here and you are doing the SVC’c job for them regarding Antigua.

    Hands up how many people want to come to Antigua with 365 beaches and 92,000 bitter hate filled people? What NOBODY well there’s a shock.

    Keep up the good work guys……..

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  21. NoSirAllen says:

    Night Watchman’s your comment, “Her attitude is if you dont give me what I want (even though there is an existing legal controversy in progress), I will take the food from the mouths of your children…”

    That is exactly what your government has done to citizens from around the world when it benefited, and even profited, from our stolen investments. We did not buy SIB CDs because the government of Antigua was in its investment portfolio. We were told something else entirely and the Antiguan government knew we were being deceived and knew better — all while it was accepting money from Stanford over and under the table. Antigua as a nation thrived for two decades – at the expense of Stanford’s tens of thousands of investors. The food that has been taken out of our mouths now went to yours for 20 years. What a great analogy you’ve chosen.

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  22. Curiouseye says:

    Whats next!

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  23. Christian says:

    “For they have sown the wind, and they shall reap the whirlwind.”

    Hosea 8:7

    And Simon there is a full blown hurricane coming your way…..

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  24. Barney says:

    The SEC has the Stanford records and the DOJ has filed charges against the FSRC regulator, LeRoy King, for accepting bribes over many years. There are also records of payments to ministers who were handling controversial Stanford deals that mysteriously went through, etc. Since these allegations will be heard in court, then the intent is not to slander or libel, but to prove criminal wrong-doing by members of the government.

    It seems the argument in this forum is about whether the government and the ECCB handled the confiscation of Stanford’s assets properly and correctly dealt with the investors who provided the funding for the assets. The government is naturally defensive, as some members see the writing on the wall, and are not sure how far the prosecution will proceed. In addition the government has quite a liability to the SIBL employees. It wouldn’t be a surprise if their chosen liquidator used the investor assets they have in their control to payoff the employees’ severance and retirement obligations. Imagine how the US Senate will react… they already have a resolution telling the Treasury Secretary to not support any IMF & World Bank funding for the government! What will the World Bank and the IMF do about the government’s requests for funding when their biggest contributor is so unhappy about this? Perhaps it would be better for the government ministers to start talking more candidly… even start negotiating.

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  25. jeb says:

    One has to question from the ludicrousness of this lawsuit if this action is a behind the scenes pressure tactic emanating from the Mr. Janvey as a way to force the handover of Stanford’s land assets over to his control?

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  26. tenman says:

    In a prior post someone stated that Antiguan’s are not looking at facts, I just wish those pro SVC persons would also state some facts. While doing that please show legal precedent to justify your argument. The government did not hire Leroy King to commit the fraud he is alleged to have committed. They will argue they hired someone with the proper back ground for the position he held. How do you expect to hold the employer responsible for the action of a rogue agent? Please see the US supreme court ruling on the Arthur Anderson case (Arthur Andersen LLP v. United States, 544 U.S. 696 ) if you are of the wrong belief that the employer is responsible. I also do not see how someone could expect that the employees do not have preference over the investors in getting paid. Creditors have always had first preference and employees are treated as preferred creditors

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  27. antiguaninwaiting says:

    All I have to say is you stanford victims have lost your money! look to stanford to get your money back. You invested your money with him in the stanford international bank, not the bank of antigua. Ask him where your money gone not us. We are trying to recoup our losses just as you are and also trying to preserve our heritage for our children’s future. I assume you are trying to do the same so cant we all just get along?

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  28. Femara says:

    The smokescreen coming from politicians in Antigua serves only to hide their roles in the scamming of their own citizens. Evidence in upcoming trials will disclose which Antiguan politicians benefitted by taking millions and millions of dollars for their own enrichment. I would assume the ordinary citizens of Antigua did not benefit and enrich their bank accounts. They will surely suffer as a result of these dishonest politicians. I have great compassion for those who will suffer at the hand of their politicians.

    The international composition of the Stanford victim, over 28,000 from at least 5 continents, means this fraud defies all logic and is not just about rich Americans. I am a retired teacher who put my savings in Stanford in 2007 at
    6%. You could have gotten higher rates at the time on bond funds. I put my money at Stanford because I wanted to preserve my savings and Stanford put on a convincing show. It seemed safer. I could not find any evidence that this company was not as advertised. Many retirees felt the same way. I was not looking for unreal gains on my funds. I was not greedy. I was trying to preserve what I had as the stock market tumbled. To those looking for criminality, I paid my taxes on the interest in 2007. Now I know I paid taxes on money that never existed. I do not have to hide from the IRS.

    It is my opinion that those in power on Antigua the last 20 years have brought this disgrace on themselves and their country. I feel sorry for the everyday citizen who is not attached to this fraud. You have done nothing wrong but wil surely suffer for their misdeeds. Your politicians hid the truth from the SEC and took Stanford’s money (actually my money). They can huff and puff all they want but their deeds and greed will be exposed and punished.

    In the United States, it is also my opinion that Allen Stanford will never see the light of day. Just as your officials will pay the price, Stanford will be convicted for this massive crime but it will do me little good. He stole my savings and spent it on himself and his toys. I am forced to hope I die from my cancer sooner rather than later. Allen Stanford took my opportunity to stay healthy and watch my grandchildren grow. I am just as much a victim of Allen Stanford as the honest people of Antigua are victims.

    Instead of cursing the Stanford investors and the SVC, look to your own shores and those who have brought you dishonor.

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  29. Soldier Crab says:

    TO ‘Antiguan-In-Waiting’: You do know the difference between the two KINGS,right? KING,THE FAMOUS ONE,is the one that got bang ’bout in a car chase with the police in California and who coined the phrase ,’can’t we all just get along’) and KING,THE INFAMOUS ONE,is the blood brother of the DEKNIGHTED ONE……whose claim to fame may well be that he betrayed his people and country for 30 pieces of silver.

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  30. guyfawkes says:

    Waste of time, you are spot on!

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  31. tenman says:

    Femara please know that as an investor myself (not in any of Stanford’s businesses) and a human being I feel your pain. I have never had cancer and I pray you are able to win that battle . I am not one of those people who will claim that SIB investors should get nothing. I have heard my government state that once the creditors has been paid whatever is left back should go to the investors. I will admit that I have heard the attorney General suggest not much will be left back. I would not support my Government thieving your money. If it is proved that Antiguan Parliamentary representatives were involved in a scam to steal your money I pray that they end up beneath the jail. However the US justice department has not named any of our elected officials. If you or your group has such evidence please turn it over to your Government so that they can go after the thieves. Please also understand that many Antiguan’s feel as if your group is attacking us personally. There are many of us here who did not trust Mr. Standford and wondered why his backers (investors) would be silent when he did some of the things he did (Give ultimatums, Insult the now PM, acquire lands that were needed by the Government for airport expansion for much less than they were worth). There are many of us who feel as if the Standford investors empowered him. I recall when public opinion here was turning against him he then flew in some of your US congress people who sent the message to us all that MR. Standford is well liked and respected in the USA. The man made it clear that he had connections in the US government. Anyway please know that most Antiguan’s would not support any government stealing yours or any others monies. Please try to focus on the positives in your life

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  32. sandra says:

    i believe that our government will draw lessons from the stanford fiasco

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  33. Proud Antiguan says:

    I am amazed at these larger than life American hypocrites. Dont you for one moment think that local customers in Bank of Antigua are victims too? Are you saying that they should have left their monies there for you to put your filthy paws on? It is theirs, not Allen Stanford’s and certainly not yours. They have all right to withdraw what rightfully belongs to them. Everyone should withdraw their monies and see what is left, it will be nothing but an EMPTY BUILDING. Bunch of bullies that you are thinking that you can police the whole world and intimidate everyone. You all make me sick and give people nothing but indigestion

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  34. Barney says:

    Dear Proud Antiguan,
    Right On! I couldn’t have said it any better for the Stanford Investors!!!

    “I am amazed at these larger than life Antiguan hypocrites. Don’t you for one moment think that the customers of the Stanford International Bank are victims too? Are you saying that they should have left their monies there for you to put your filthy paws on? It is theirs, not Allen Stanford’s and certainly not yours (or the Antiguan government’s). They have all right to withdraw what rightfully belongs to them (they had CDs in their accounts). Everyone should withdraw their monies and see what is left, it will be nothing but an EMPTY BUILDING. Bunch of bullies that you are thinking that you can intimidate everyone. You all make me sick and give people nothing but indigestion.”

    See what I mean? Does that help? Is this a constructive exchange of ideas?
    No, I didn’t think so…

    With emotions running so high on each side it makes it more difficult to get across why people believe as they do. For example, if you are an investor, that doesn’t mean you are someone pulling the strings behind the curtain. It means you put your money in an SIBL account and you expect to get it back, and not have a 3rd party confiscate it. It is your money and you expect that you would have a stronger claim on its return to you than someone who wants to take it from your account payoff the bank’s employees. Does this make sense?

    Stanford preyed on retired people. They are not the slick, sophisticated “investor” with more money than they know what to do with. He convinced these people to trust him with their life’s savings. After scrimping and saving for 40 – 50 years, can you blame them for fighting back and trying to recover their money? Especially since it appears everyone else has their hands on it!

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  35. Dumb & Dumber says:

    For Christs sake read what the lawsuit is claiming Proud Antiguan. SVC are not after the money belonging to Antiguans that is deposited in the Bank of Antigua. But don’t believe me or the lawsuit genius, you and the rest of your buddies take your money out and cause another run on the bank lol.

    Reading some of the down right ignorant ill informed comments from supposed Antiguan’s, I can’t help but think these posts are trolls by the antiguan government.

    No Antiguan could be so stupid and ill informed about the part their government has actually played in this Stanford fiasco.

    And for Tenmans education (Arthur Andersen LLP v. United States, 544 U.S. 696) Read the case and you will see it is completely different to the case against the Antiguan government and Leroy King. I sure hope your on the defense team for the Antiguan government because it would give us all a good laugh.

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  36. take a break says:

    Why is the ALP so silent? Look at the mess you have gotten the State in, all because of your greed; the people of A&B should DEMAND that the entire opposition party resign. You are the culprits, that have caused this country to be held hostage.

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  37. Lloyd says:

    If all land and property were paid for my Mr Stanford, then I believe that the current Government of Antigua should give what belng to him to his investors, and let the investors pay the Antigua Government all taxes and utilities bill owed to them by Mr Stanford.
    In this scenareo, everbody get something. This is just my opinion as an Antiguan.
    Wrong was done by Mr. Stanford and the Antiguan Government, both past and present. So it doesn’t make sense to play the blame and Tit for Tat game at this point.

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  38. tenman says:

    Dumb & Dumber what a smart answer you offered. Its so interesting how Antiguans are accused of not stating facts but “Dumb & Dumber” replies basically saying its wrong because I say so. I have read the case and it does apply. I have also stated where it applies, its up to you if you wish to take the time to state why I am wrong.

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  39. all that and more says:

    Lester Bird and the ALP, the government during the Stanford era, have the answer. Please help the UPP get to the root of this debacle, and settle this matter. The people of A&B are hurting as well as the investors, and you guys have removed yourselves from the picture. This is wrong, again I say you have the answer, and if you refuse to answer to man, you must answer to God. Where is your conscience?

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  40. Dumb & Dumber says:

    Tenman, if you are legally trained you are not very competent. The briefest examination of the case reveals your flawed comparison, but for your education I will explain it .

    Authur Anderson was not an employee but a successful accounting company that instructed its employees to destroy Enron-related documents, which was consistent with Andersen’s document retention policy.

    The government charged Andersen for violating federal law, which made it a crime to “knowingly…corruptly persuade another person” to “withhold” or “alter” documents in an “official proceeding.”

    Here we have a company that was accused of persuading its employees to break the law by destroying documents. The case failed because there was nothing inherently corrupt in ordering employees to destroy documents, even if the aim was to keep the documents from the government. Thus, contrary to what the jurors had been told, Andersen could be convicted only if the persuaders were shown to be conscious that they were behaving corruptly.

    Now consider the case against Antigua. Leroy King an individual who was chief executive officer of the government’s Financial Services Regulatory Committee was caught taking bribes and misleading the SEC in it’s investigations. King reported to Errol Cort a government minister who had a duty of care to oversea the activities of those under him and either failed or assisted in the deception.

    The distinction is clear. In the case of Arthur Andersen it was a company accused of violating a federal law by asking its employees to shred documents.

    In the case of King we have an individual the chief executive officer of the governments Financial Services Regulatory Committee who knowingly took bribes and a government minister who either failed in his duty to over sea King or knowingly conspired with him…and the truth of that has yet to be established.

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  41. OUTOFANTIGUA says:

    JUSTIN SIMON SHOULD ASK FIDEL CASTRO THE REAL (WHY)AMERICA KEPT THE EMBARGO ON CUBA FOR THE LAST 50 YEARS.ALL THEY WANTED WAS FOR CUBA TO GIVE BACK WHAT THEY TOOK FROM THE AMERICAN INVESTORS,OR PAY THEM FOR THEIR LOSSES. YOU WANT TO PLAY HARD ASS WITH THE UNITED STATES? DO YOU THINK YOU ARE BIGGER THAN CUBA,THINK AGAIN. THE UPP GOV. HAS,NT ACTED BECAUSE LIKE WITH EVERY THING ELSE THEY HAV,NT GOT A CLUE, THEIR MOTO IS SAY NOTHING DO NOTHING AND IT WILL GO AWAY HA HA. EVERY THING YOU SEE ON THE US DOLLAR BILLS ARE FOR REAL THAT SPELLS ABSOLUTE POWER SECOND ONLY TO THE OMNIPOTENT ONE.

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  42. tenman says:

    Dumb and Dumber perhaps because you are to close this you are so blinded that you are unable to clearly see whats infront of you. This is probably the reason why it is always suggested that lawyers should not represent themselves. The judges ruled that the instructions were flawed because they ignored questioning whether Arthur Anderson was culpable. Since you have no faith in my legal ability let me quote from the June 1 2005 wall street Journal:

    “As a result of the faulty instructions, the justices ruled, the firm was convicted without proof that its shredding of documents was deliberately intended to undermine a looming Securities and Exchange Commission inquiry in fall 2001. U.S. District Judge Melinda Harmon should have instructed the jury that the law required the government to prove that Andersen knew it was breaking the law, the court ruled. ”

    Since you have issues with my legal training let me get you a legal opinion from a law firm in texas named THE TORTEYA LAW FIRM:

    When is an Employer Not Liable Under the Doctrine of Respondeat Superior?
    Typically, employers attempt to reduce the risk of respondeat superior liability by establishing the defense that:

    * The wrongful act was not within the scope of employment
    * The wrongful act did not further the purpose of the employer
    * The wrongful act was committed intentionally, such as attacking another person
    * The employer had a policy specifically prohibiting employees from the act that caused the accident or incident

    Bringing it home to the case at hand, for your argument to be true you will have to prove that the government (Mr. King’s employer) knew Mr. King was breaking the law. You cannot simply say because he worked for them they are then liable for his intentionally breaking the law for his own personal gain.

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  43. OUTOFANTIGUA says:

    TENMAN AND DUMB&DUMMER WHAT IS THE SAYING EACH ONE TEACH ONE,THATS THE SPIRIT WE NEED IN ANTIGUA AND BARBUDA KEEP UP THE GOOD WORKS ,ITS HEALTHY AND STIMULATING I,M HOPING THE NEED TO KNOW WILL FLORISH OVER THE ANGER AND BETRAYALS THAT WAS SHOVE DOWN THE THROATS OF MY POOR BROTHERS AND SISTERS, ANTIGUA AND BARBUDA MUST GET RID OF FORCES OF GREED AND DARKNESS THAT IS COVERING OUR LAND.ONE LOVE..

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  44. Lloyd says:

    Without any derogative and insulting name calling, I must say, Tenman and Dumb&Dumber (that name doesn’t fit you), your comments are very insightful. It would reay takes a Law professor or a judge to give either one the edge in tis spirited debate.
    I realy enjoyed reading your dialogs. Thankyou.

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  45. Stanford Victim says:

    The facts are these. “Sir” Allen used employed a massive Ponzi scheme and took money from his clients (now victims). A significant amount of that money was used for paying off Mr. King (and others?), donations to Antigua, and investments in Antigua. So who has the rightful claim to those remaining assets? What has the government done to restore those funds to their rightful owners? Yes, Attorney General Justin Simon may well wish to consider how Antigua will right the wrongs created Sir Allen and the government–and return stolen assets to the rightful owners. Until that occurs, you may be sure that the victims will consider Antigua a criminal state and take every legal action possible, including advising tourists to avoid Antigua.

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  46. Stanford Victim says:

    The Antiguan government has a role to play in seeing that CD holders like myself have their assets returned to them.

    I placed trust both in SIB and in the integrity of Antigua’s government. Both SIB and Antigua have dissapointed me along with another 28,000 CD holders who believed this little country had some character (in fact, I thought they had more integrity than the US government).

    Please be part of the solution and not the problem. We need our assets returned to us.

    Stanford Victim

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