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Kaseke Alleges High Level Intimidation of Client PDF Print E-mail
Written by Administrator   
Friday, 18 March 2011
Last night we showed you a brief portion of an interview with Elson Kaseke, the attorney for American investor Allen Saum who was allegedly being sought by Police. Saum, we have been told, was accused of tampering with a legal document. According to Kaseke, the document in question is this one.  Filed at the Companies Registry on February 7, 2011, it lists the directors of Paradise Energy Limited as Oren F. Miles, Oren F. Miles II and Allen L. Saum. Kaseke says that he was informed by one Sgt. Reyes from CIB in Belize City that his client, Saum, tampered with the document simply by filing it. Sounds kinda stupid to us, but this is just one piece of a much larger puzzle with the nephew of the Prime Minister, Kimano Barrow, smack dab in the middle.

ImageElson Kaseke – Attorney for Allen Saum
“In Paradise Energy Limited Mr. Allen Saum and Mr. Oren Miles partnered with two Belizeans – Mr. Kimano Barrow and Mr. Freddy Acosta. But matters have come to such a head that the corporate governance of this company is really imperiled and the directors can’t see eye to eye so it has become really difficult to manage the company. So what my clients did was to call an extraordinary meeting where they made an extraordinary resolution removing the other two directors Mr. Acosta and Mr. Barrow. They also allotted the remaining shares in the company to themselves and they took the documents to the Companies Registry and filed them. The Registrar at the Companies Registry accepted those documents; my clients paid the required fees to the government which accepted that money – there are receipts of everything.”

So with the document duly filed and registered by the proper authorities after vetting and approval of the Central Bank, that should have been that – but it wasn’t.

Elson Kaseke – Attorney for Allen Saum
“A few days later Freddy Acosta and his crowd then sought to file their own resolutions removing my clients as directors. By the time they reached the Registry my clients had already filed their documents so under the Companies Act of Belize, once the documents are properly filed that filing can only be changed by a direct order of the Supreme Court…that is Section 33 of the Companies Act. When I understood that there was a move afoot to file these documents by Freddy Acosta and his crowd I wrote the Registrar and pointed out the provisions of Section 33 to her and said that what is on the Registry cannot be changed without an order of the Supreme Court. I understood that the Registrar went to the press and said that she would leave things as they were until the Supreme Court determined otherwise. But a few days later I was surprised to find out that despite her assurances Mr. Acosta’s crowd had also filed their documents.”

To us, this seemed incredible and a little ridiculous. One party registers his company and lists directors with the proper authorities and then just days after another party registers that same company with different directors at that very same Companies Registry.

Elson Kaseke – Attorney for Allen Saum
“That is the issue here. That was purely, in our view, illegal. And when we approached the Deputy Registrar of the Companies Registry she said she was following instructions. So they knew that the entry which they had put on the Register could only be changed by an order of the Supreme Court. They knew because I wrote a letter and put them on notice and told them that unless there is an order of the Supreme Court the entry cannot be altered. They still went ahead and filed, changing without an order of the Supreme Court, changing the entry. And what is surprising is that the file could not be readily accessed like other files in the public registry. We had to really fight to obtain the file. So, the activities in my mind raise very serious questions.”

Like we told you – it’s a great big convoluted mess involving some well connected players. Kaseke told us that it’s gone even further than just Paradise Energy Limited to its sister company, Miles Tropical Energy – more pieces in a puzzle that looks to us like a high profile, high level, low down hustle.

Elson Kaseke – Attorney for Allen Saum
“What is happening here, and I must be very specific and clear, is that there is a very contentious meeting which is scheduled for the 18th in respect of the other company which is called Miles Tropical Energy. The other Belizean shareholders of that company have proposed to sell out their shares to an entity which is not known to us and we have basically informed that crowd that my clients are not interested in selling. So if the Police, in my view, were to hold my client – they have a constitutional right to hold someone for 48 hours. 48 hours would elapse after Friday and my clients would miss the meeting and the other portion of the directors would then vote to sell the shares. But what these people don’t know is that I have been given a Power of Attorney to vote for one of my clients. I have been given a proxy to do anything that my client can do. The other attorney in my law firm has been given similar powers. So that it is not even necessary for my clients to physically show up at that meeting – they have given us specific instructions and we intend to carry them out. So this tactic of seeking to hold my clients is misconceived because they won’t really have any major input at that meeting.”  

We can already predict that there will be fireworks at that meeting, and we don’t mean the pretty, colorful ones. Kaseke maintains that his clients acted lawfully and that they are being harassed for no good reason.

Elson Kaseke – Attorney for Allen Saum
“The money which was used to incorporate the company came from my clients; the money which was used to pay the rental for the PSA came from my clients; the money which was used for the operations of the company came from my clients. The role which was played by Mr. Acosta and Mr. Barrow was simply to facilitate the securing, or the procurement of the PSA itself. That was the extent of their contribution, if it a contribution as such. So everything was paid for by my clients. And it is from that perspective that what is happening is really mind-boggling because if you pay for it, it must surely belong to you. Not only that, but if you go and file your documents and then the other crowd, knowing that the documents have been filed and knowing that the law doesn’t allow them to alter the Register without a court order – they go and they alter the Register without a Court order. Under those circumstances I think the Police should be investigating the other crowd other than my clients. But it is the other way around. Call it interference, call it what you may, but that is what is happening.”

We’re sure you didn’t miss the part where Kaseke alleged that Kimano Barrow’s contribution to this entire venture was the procurement of the highly lucrative concession. At his last press conference, Prime Minister Dean Barrow reiterated that no favours are done for any of his family members or anyone with the last name – Barrow.

We’ll have more on this story in tomorrow’s newscast, including a startling allegation of intimidation against Kimano Barrow – an allegation which made it all the way to the desk of the US Ambassador to Belize, Vinai Thumallapally.

 
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