‘Terry Hernandez remains accountant and fraud controller’

May 27, 2012 10:44 AM

WILLEMSTAD - Terry Hernandez is and will remain accountant despite the imposed measure and is a ‘Certified Fraud Controller’, according to Hernandez' attorney Bertie Braam.

He will continue his activities including investigations into fraud, as usual. His lawyer Bertie Braam, who is also the company lawyer of CPA and KTK, said this in response to the decision of the Royal Netherlands Institute for Chartered Accountants (Nivra) to remove his client from the registry for a period of nine months.“People try to blow the temporarily measure imposed by Nivra up out of proportion as if it’s a deathblow for his professional life, which is not the case.”

The disciplinary measure was imposed on the accountant after former director of Curaçao Ports Authorities (CPA), Marcelino ‘Chonky’ de Lannoy, and former rector of the University of the Netherlands Antilles (UNA), Miguel Goede, had complained about his method of report. The audits at issue had led to the dismissal of both De Lannoy and Goede.
 
The two retired CPA-directors, Agustin Diaz and Richard Lopez Ramirez, also filed a joint complaint against the accountant. Their case was handled in September 2011 and Braam said that the outcome of this case ‘only resulted in a reprimand for his client for not hearing both side and for not announcing the investigation into Diaz and Lopez Ramirez properly’.
 
Braam: “Hernandez is only blamed for not applying certain formalities, such as hearing both sides, but his reports hold for us, as regards contents. It must be clear that his investigation in CPA/KTK had revealed many abuses, for example in the KTK-branch in Panama (meanwhile shut down, (editorial office)), and for that we are most grateful to him. Thanks to his report and the abuses revealed in the report, the judge had only granted Mr. De Lannoy one-tenth of the amount in his lawsuit against CPA”, said Braam.
 
He indicated that the disciplinary measure for Hernandez only means that he cannot occupy himself with annual reports.
 
“He won’t suffer any adverse consequences from this measure because he hasn’t occupied himself with annual reports for more than ten years. Of course, my client finds it unpleasant that much is made of the matter in the media.”
 
The Auditor’s Office concluded in their decision on the Goede case and De Lanooy case that Hernandez ‘had not observed fundamental principles of objectivity, expertise, meticulousness and professional behavior’.

Related articles:

- Terry Hernandez zwaar gestraft door Accountantskamer in zaak Miguel Goede

http://www.dutchcaribbeanlegalportal.com/legal-documents/judgments/1979-terry-hernandez-zwaar-gestraft-door-accountantskamer

- Uitspraken Tuchtraad

http://www.dutchcaribbeanlegalportal.com/legal-documents/judgments/1982-uitspraken-tuchtraad

- Dutch disciplinary judge to handle cases against accountant Hernandez

http://www.dutchcaribbeanlegalportal.com/news/latest-news/1571-dutch-disciplinary-judge-to-handle-cases-against-accountant-hernandez