bahamiangoddess
06-25-08, - 10:31 AM
June 25th, 2008
US Gov’t Seeks “Ninety’s” Assets
By Macushla N. Pinder
Family members of convicted drug trafficker Samuel "Ninety" Knowles could be left in a financially precarious situation if the US government has its way and confiscates his nearly $14 million in assets.
Nearly a month after a US judge sentenced the designated "drug kingpin" to 420 months or just under 30 years behind bars, the US government has requested a civil judgment in the amount of $13.9 million.
"The US government has informed us that it intends to take the civil judgment to The Bahamas and attempt to have it domesticated. That is deemed the same as it would be from a Bahamian court," Knowles’ US attorney Jacob Rose told the Bahama Journal.
"The Bahamas government is holding assets that belong to Mr. Knowles, so if the US civil judgment becomes a Bahamian judgment, then the US government can execute or sell assets that belong to Mr. Knowles in order to obtain the money. And that’s what it is intending to do."
According to Mr. Rose, Knowles’ assets include vehicles from a rental car agency, condominiums, apartment complexes and bonds.
Knowles was extradited from The Bahamas in August 2006 on federal narcotics charges after spending six years in Her Majesty’s Prison fighting extradition.
According to the evidence, he was a participant in a conspiracy between 1995 and 1996 to import several thousand kilos of cocaine into the United States using "go fast" vessels.
Knowles and his co-conspirators reportedly used various routes through the Caribbean to facilitate their importation scheme.
In March, a jury found him guilty of conspiracy to import cocaine and conspiracy to possess with the intent to distribute cocaine in the United States between June 1995 and April 1996.
A US District Court had ordered the forfeiture of the $13.9 million.
According to US officials, the money represents funds received in exchange for and used to facilitate the distribution of narcotics.
Knowles’ legal team is preparing to challenge the United States’ request for a civil judgment.
Mr. Rose has indicated that if a court were to accede to the US government’s request, the next move would be to launch a civil appeal.
"This is absolutely another challenge we face…If the court were to grant it, it would pose some difficulty on Knowles’ whole family," he said.
"The assets that are being held by the Bahamas government are because of an indictment under case 1091. Because this case has been dismissed and he was not convicted on that case, those assets essentially remain. They belong to Mr. Knowles and his family."
Mr. Rose said that without the civil judgment, the assets that the government has remain Mr. Knowles’.
"With the civil judgment – if entered and enforced – those items will be placed in jeopardy, which would be a major financial setback. And so, the civil judgment has a little door to reach than the criminal forfeiture, which relates directly to proceeds from what the jury found," he said.
"For example, if the government can trace $1 million in ill-gotten gains to a particular item, then that item is subject to a criminal forfeiture. You will lose it."
A US court is expected to set a date today on whether to hear a request for the civil judgment.
An outcome could be determined within weeks, according to the attorney.
The US government’s request for civil judgment comes only days after Knowles’ legal team confirmed its intention to press ahead with an appeal following his conviction.
According to Mr. Rose, the written argument should be submitted "around or about mid July."
The entire appeals process is expected to take anywhere from 12 to 18 months.
US Gov’t Seeks “Ninety’s” Assets
By Macushla N. Pinder
Family members of convicted drug trafficker Samuel "Ninety" Knowles could be left in a financially precarious situation if the US government has its way and confiscates his nearly $14 million in assets.
Nearly a month after a US judge sentenced the designated "drug kingpin" to 420 months or just under 30 years behind bars, the US government has requested a civil judgment in the amount of $13.9 million.
"The US government has informed us that it intends to take the civil judgment to The Bahamas and attempt to have it domesticated. That is deemed the same as it would be from a Bahamian court," Knowles’ US attorney Jacob Rose told the Bahama Journal.
"The Bahamas government is holding assets that belong to Mr. Knowles, so if the US civil judgment becomes a Bahamian judgment, then the US government can execute or sell assets that belong to Mr. Knowles in order to obtain the money. And that’s what it is intending to do."
According to Mr. Rose, Knowles’ assets include vehicles from a rental car agency, condominiums, apartment complexes and bonds.
Knowles was extradited from The Bahamas in August 2006 on federal narcotics charges after spending six years in Her Majesty’s Prison fighting extradition.
According to the evidence, he was a participant in a conspiracy between 1995 and 1996 to import several thousand kilos of cocaine into the United States using "go fast" vessels.
Knowles and his co-conspirators reportedly used various routes through the Caribbean to facilitate their importation scheme.
In March, a jury found him guilty of conspiracy to import cocaine and conspiracy to possess with the intent to distribute cocaine in the United States between June 1995 and April 1996.
A US District Court had ordered the forfeiture of the $13.9 million.
According to US officials, the money represents funds received in exchange for and used to facilitate the distribution of narcotics.
Knowles’ legal team is preparing to challenge the United States’ request for a civil judgment.
Mr. Rose has indicated that if a court were to accede to the US government’s request, the next move would be to launch a civil appeal.
"This is absolutely another challenge we face…If the court were to grant it, it would pose some difficulty on Knowles’ whole family," he said.
"The assets that are being held by the Bahamas government are because of an indictment under case 1091. Because this case has been dismissed and he was not convicted on that case, those assets essentially remain. They belong to Mr. Knowles and his family."
Mr. Rose said that without the civil judgment, the assets that the government has remain Mr. Knowles’.
"With the civil judgment – if entered and enforced – those items will be placed in jeopardy, which would be a major financial setback. And so, the civil judgment has a little door to reach than the criminal forfeiture, which relates directly to proceeds from what the jury found," he said.
"For example, if the government can trace $1 million in ill-gotten gains to a particular item, then that item is subject to a criminal forfeiture. You will lose it."
A US court is expected to set a date today on whether to hear a request for the civil judgment.
An outcome could be determined within weeks, according to the attorney.
The US government’s request for civil judgment comes only days after Knowles’ legal team confirmed its intention to press ahead with an appeal following his conviction.
According to Mr. Rose, the written argument should be submitted "around or about mid July."
The entire appeals process is expected to take anywhere from 12 to 18 months.