Court hears appeal on Brooks Tower forgery

January 29, 2016 8:47 PM
PHILIPSBURG--Three years and six months after former owner of employment agency Unico Management Service Josane R.A. Emmanuel (38) was convicted of fraud and forgery of employment statements used in the Brooks Tower Accord process the Joint Court of Justice heard her appeal in this case on Thursday.
 
On June 27, 2012, the Court of First Instance found it legally and convincingly proven that the woman had committed fraud in antedating work documents used to legalise the stay of foreign nationals in St. Maarten within the framework of the Brooks Tower Accord project – persons who were otherwise not entitled to work and residence permits.
 
For these crimes, which were committed between October 1, 2010, and the end of January 2011, Emmanuel was sentenced to 18 months, nine of which were suspended,
 
Together with an employee, who had been previously sentenced to six months suspended, on three years’ probation and 240 hours of community service, Emmanuel had provided falsified labour contracts and employer statements, the Court established.
 
Also on Thursday, Emmanuel denied the allegations and stated she had only recruited construction workers already residing in St. Maarten for construction companies Kazan and Energizer to work on the renovation of the Simpson Bay Bridge, a project which was to start in January 2011.
 
Emmanuel was charged with drafting contracts for six persons in December 2010 in which it was stated that applicants were already employed and receiving salaries. She allegedly signed these temporary contracts of employment and submitted them to the Labour Department, without the applicants actually having worked for the company in question.
 
Her clients would have paid up to US $1,500 to obtain the proper documents to receive work and residence papers under the Brooks Tower Accord.
 
Emmanuel’s conviction followed that of Brooks Tower Accord project leader Ines E. Hodge, who was sentenced to six months suspended, on three years’ probation, on June 13, 2012.
 
The Court found her also guilty of antedating documents, which helped applicants to obtain their papers, even though they were too late in registering themselves.
 
During the hearing of these three cases it became abundantly clear that the application process for permits under the Brooks Tower Accord – and the extension of the application periods – had resulted in chaos.
 
Emmanuel, however, maintained she had not committed any crimes and stated that her role in these cases were mixed up with the person who had worked for her while she was ill, as their first names were very similar; Josane and Josianne. “I did everything according to the Labour Law,” Josane Emmanuel claimed.
 
Acting Solicitor General Anton van der Schans considered the case proven, including human smuggling. “Emmanuel provided shelter to those people. She “laundered” illegal residents, so to speak,” he said.
 
The acting Solicitor-General agreed with the verdict of the Court of First Instance, but seeing the long time it had taken for the appeal to be heard in Court, he requested the Court of Appeals to sentence the defendant to 12 months, six of which were to be suspended, on two years’ probation.
 
Attorney-at-law Sjamira Roseburg pleaded for her client’s full acquittal. Her client had only assisted persons with obtaining work permits and temporary residence permits, Roseburg said. “She never assisted in getting illegals into St. Maarten and these persons also never stayed with her,” the lawyer said in dismissing the human smuggling charges.
 
“My client only did her work,” Roseburg said in claiming that her client had always worked according to the rules. There was no proof of fraud or deception, Emmanuel’s lawyer claimed. “My client wants to leave this nightmare behind her.” The Appeals Court will give its decision February 17.
 
The Daily Herald

Lawyer Roeland Zwanikken considers legal action against ABN AMRO Bank

May 08, 2021 6:14 PM
THE HAGUE--Attorney-at-law Roeland Zwanikken at St. Maarten’s BZSE law office is considering legal action against the intention of the Dutch ABN AMRO Bank to close the bank accounts of its clients in the Dutch Caribbean.

Fiscaal onderzoek bij notariskantoren vinden doorgang

May 07, 2021 8:04 AM
In het Antilliaans Dagblad: Fiscaal onderzoek bij notariskantoren
WILLEMSTAD – De fiscale onderzoeken bij de notarissen vonden en vinden, ondanks de beperkingen van Covid-19, weer doorgang en de medewerking aan de kant van notarissen en adviseurs is daarbij ‘over het algemeen goed’.

Juridische miljoenenstrijd tussen BNP Paribas en Italiaanse prinses verhardt

February 22, 2021 4:51 PM
  • Bezit van Italiaanse Crociani-familie op Curaçao mag van rechter worden verkocht
  • De Crociani's ruziën al jaren met BNP Paribas over een claim van $100 mln
  • Curaçaos trustkantoor United Trust heeft 'geen enkele relatie meer' met Camilla Crociani
Een Italiaanse prinses met zakelijke belangen in Nederland heeft het onderspit gedolven bij diverse rechtbanken in een langslepend conflict met zakenbank BNP Paribas.