10122021 BUSINESS

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business@tribunemedia.net

TUESDAY, OCTOBER 12, 2021

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US: Fox earned $300k from human trafficking • Prosecutors seek up to six months’ jail time • Argue custody justified by ‘handsome profits’ • Yet ‘co-operation with law enforcement’ noted

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By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net ISLAND Luck’s cofounder allegedly earned up to $300,000 from human trafficking, US federal prosecutors have asserted, as they urged a New York judge to jail him for up to six months. Jordan Estes, an assistant US attorney, in an October 8, 2021, letter to Judge Denise Cote, argued that Adrian Fox’s involvement in a more than decade-old scheme to smuggle illegal Chinese into Florida “warrants” a minor custodial sentence because he “profited handsomely” from his involvement. Alleging that Mr Fox had played an active role in the trafficking of 100 Chinese

ADRIAN FOX nationals, the letter nevertheless acknowledged the Island Luck co-founder’s philanthropic activities in depressed Bahamian communities as well as “his efforts to cooperate with law enforcement” although no details were provided in relation to the latter.

$5.01 Ms Estes, writing ahead of Mr Fox’s October 15 sentencing by Judge Cote, acknowledged that the Bahamian national was due to plead guilty “to aiding and abetting the grossly negligent operation of a vessel” following a plea bargain with US federal prosecutors that saw all charges relating to the more serious human smuggling offences dropped. Detailing the background to the case, she wrote: “This case stems from an investigation into alien smuggling that began in or around 2009. Around that time, a boat captain (CW-1 or co-operating witness one) began co-operating with law enforcement regarding his involvement in an alien

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Major overtime pay win for employees ‘Don’t be dictated to’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A MINIMUM wage security guard has been awarded nearly $11,000 after the Industrial Tribunal ruled that companies and their employees “cannot lawfully contract out” of paying overtime rates. Simone Fitzcharles, the Tribunal’s vice-president, in an October 1, 2021, ruling

• Firms ‘can’t lawfully contract out’ of law’s provisions • Minimum wage security guard wins nearly $11,000 thus awarded former Westech International Security employee, Jason Tynes, some $10,903 representing five years’ worth of

overtime pay for the period 2014 to 2018. In a ruling that will impact Bahamian companies who have contracted

with their employees to pay regular rates, and not overtime’s “time-and-ahalf”, for hours worked beyond a 40-hour week, Ms Fitzcharles ruled that the Employment Act’s statute law provisions override all such agreements. She found that Westech “held all the winning cards” when it came to hiring security guards, as it could easily find replacements for persons who declined to sign contracts where it was stipulated that “the company does not pay overtime” to employees who work more than 40 hours per week. Mr Tynes exposed the vulnerability of low-paid Bahamian workers such as himself when, during testimony before the Industrial Tribunal, he described security guards as “expendable. A dime a dozen. We could easily be replaced”. Westech, which was represented by its principal,

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by 15% corporate tax By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE Bahamas “shouldn’t be waiting for someone to dictate to us” and must act now on tax and Business Licence reform ahead of the global push to a minimum 15 percent corporate tax. Tanya McCartney, the Bahamas Financial Services Board’s (BFSB) chief executive, told Tribune Business in a series of e-mailed replies that the G-7/G-20 drive for a global taxation ‘level playing field” provides this nation with an opportunity to advance tax reform for its own ends. “It creates an opportunity for us to review our own tax structure and the current Business Licence regime, which assesses a fee on turnover rather than business income,” she explained,

while asserting that The Bahamas and its financial services industry will still be able to compete against the latest Organisation for Economic Co-Operation and Development (OECD) proposals. “While it is not possible to assess what the impact will be definitively, we believe that with a level playing field and an enabling business environment that The Bahamas will be able to compete,” Ms McCartney said. “The agenda of the OECD is clear. Industry must remain focused on remaining competitive and leveraging those attributes which continue to make The Bahamas an attractive international financial centre (IFC). She responded after the OECD, which is doing the

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Activist: Disney ‘first test’ for Gov’ts words, actions By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net ACTIVISTS yesterday said Disney’s Lighthouse Point project will be “the first test” for the Davis administration when it comes to “matching words” in Opposition to “actions” when in government. Sam Duncombe, reEarth’s president and a leading opponent of Disney Cruise Line’s plans for Eleuthera’s southern tip, told Tribune Business that The Bahamas had “no more time” for politicians who failed to translate talk into meaningful action and reform. “The Prime Minister had some very bold words to say in 2019,” she said, “and we want the words and actions to match otherwise it’s more talk. We don’t have the time for more talk. “This is their first test, and we hope.... we’re here to help in any way we can.... but the words have to match

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