Outspoken Barrister-at-Law, Anslem Clouden has called on Prime Minister Dr. Keith Mitchell to return the monies received in mid-2000 from international fraudster, Eric Resteiner to the victims who were defrauded of more than US$20 million in a promised "high yield" scam or cause further embarrassment for Grenada.
Clouden was speaking to local reporters at a news conference on Monday, expressing his concern over a new development surrounding the "briefcase saga".
According to Clouden, failure by Mitchell to return the money he received from Resteiner to the victims, could result in him being named in a lawsuit by the victims within 48 hours.
This latest development in the ongoing briefcase scandal stems from Resteiner¹s cooperation with the Federal Bureau of Investigation (FBI) about all his wrong-doings including dealings with the Grenadian leader on an alleged bribery payment in Switzerland.
The fraudster is also said to be co-operating with the Securities Exchange Commission (SEC) in the United States on repayment of funds taken away illegally from unsuspecting clients.
Resteiner was sentenced last month to seven years imprisonment but his sentence was reduced by one year for his co-operation with U.S law enforcement officials.
The SEC has disclosed that the First Church of Christ, Scientist, in Boston, has already come forward and donated $2.3 million to help victims of Resteiner¹s prime-bank fraud that targeted dozens of church members. (See Page 11).
Clouden said there is a general proposition in law that the recipients of these ill-gotten funds are not to be unjustly enriched.
He added that this is the principle upon which the SEC and the victims are now proceeding in order to recover funds that were stolen from them by Resteiner and those associated with him.
Clouden read from a judgement from the law lords at the Privy Council in London which said: "It is clear that any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment of unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep."
According to the St.George¹s based lawyer, the statement made by Prime Minister Mitchell to the nation that he received "approximately $15,000.00" from Resteiner as reimbursement for expenses incurred on his trip to several European capitals in 2000 is not true since information in his hands indicate that Resteiner had sent the tickets straight to St. George¹s for him to travel.
Speculation is rife that the FBI have received information about this and other matters from Resteiner on the exact nature of his dealings with the Grenadian leader.
Clouden called on Dr. Mitchell to return the monies received from Resteiner to the victims through the SEC which will in turn put the money to the fund that will be ultimately paid out to the sufferers.
"To save this nation from further embarrassment, I am asking the Prime Minister to move expeditiously (on the matter of returning the money)", he said."I am advised that if payment is made within the next 48 hours proceedings against him may very well be stayed", he added.
Clouden said that he has information that the victims have already begun filing documents in the New York District Court and the Court of Massachusetts to recover from the Grenada Prime Minister the alleged sum of $500,000.00 paid to him by Resteiner.
Clouden said that he hoped to circulate copies of the court documents filed against Mitchell sometime this week.
Well-placed sources in the U.S confirmed to this newspaper that the planned court action would be filed against both Dr. Mitchell and Resteiner and that the U.S nationals involved planned to use the Timothy Bass affidavit to prove that the Grenadian leader collected US$500, 000.00 from the international conman.
When contacted on the alleged court proceedings against the Prime Minister in relations of the "briefcase" issue, Press Secretary, Barry Collymore said that government is not aware of such action.
