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Munroe: Lawyers should not be paid with dirty money
BY ERICA VIRTUE Observer writer virtuee@jamaicaobserver.com
Thursday, August 19, 2010
PROFESSOR Trevor Munroe wants the Government to begin examining ways to make it difficult for lawyers representing persons charged with certain criminal offences to receive payments from the funds of their clients' ill-gotten enterprises.
"I would like to see in Jamaica a version of the law in the United States that lawyers, who are defending persons alleged to be engaged in money laundering, gun running and drug trafficking demonstrate that the earnings from that defence are not part of ill-gotten gains. I believe that is certainly a topic worthy of discussion...," said Munroe, a lecturer at the University of the West Indies and former senator.
He was responding to questions following his keynote address Tuesday night at the Public Relations Society of Jamaica (PSRJ) monthly meeting in Kingston.
His views, however, came in light of the recent court appearance in New York of alleged Jamaican drug lord Christopher 'Dudus' Coke, where lawyers made it clear that they would have to be assured that money paid to the defence in the drug and gun trafficking case was not tainted.
Coke's assets in Jamaica have been frozen under the Proceed of Crime Act of 2007, which provides for forfeiture through the courts of all properties and accumulated wealth, which cannot be explained by legitimate activity.
Under US laws, lawyers must demonstrate that they are not being paid with monies from a person's alleged criminal operation. However, there is no similar law here. According to Munroe, it was crucial for Jamaica to have greater anti-corruption mobilising efforts as surveys have showed that Jamaicans perceived that the country was tipping dangerously on the brink of being overwhelmed by real, as well as perceived corruption.
According to Munroe, professionals, particularly agents of law enforcement, were very crucial at given stages in the country's development to deal with the levels of corruption which Jamaica was experiencing.
He wants Jamaica to create its own version of the Racketeer Influenced and Corrupt Organisationa (RICO) Act in the United States, which he said would go a far way in punishing wrongdoers, especially those charged with corruption-related offences.
"We need the Jamaican equivalent of the RICO statute in the United States, where the persons who don't pull the trigger, or the persons who are not on the front line of the corrupt and who hide in the back, can be brought within the purview of law enforcement. And that is a big deficiency in our system as well...," Munroe told public relations executives.
 
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8/19/2010
Or rather, lawyers should be penalized for accepting "dirty money". Absolutely! Say what you mean and mean what you say, Munroe.
8/19/2010
The problem is not “blood” money it’s a bad justice system that don’t know how to gather, protect or present evidence to convict anyone who has a lawyer with a brain. All developed society was build on “blood” money, even the Sistine Chapel in Rome was build with “blood” money.
8/19/2010
The Jamaican justice system for year has only been able to convict the poor and less fortunate. Law is base on interpretation the more money you have the better interpretation you get and this is even more pronounce in Jamaica. Has Jamaica ever convicted any prominent member of society for a crime? The major problem is that people from down town can now afford to buy favorable interpretation of the law which was once held exclusively for the uptown resident.
8/19/2010
I strongly believe in what you are saying mr munroe, but i think such idea must have came up from PNP days, yet no one made any effect to enact such. The polititians are just as corrupt and have to protect their friends. These so-called drug dealers are getting into business to cover there acts. The law should quickly come in so these guys can tell investigated as to how they came up with their capital for their business/businesses
8/19/2010
It is interesting to see the many faces of Munroe.
8/19/2010
Lawyers rule, that how the system is set-up. The universities in Jamaica are turning out more lawyers than engineers and technologies. If they change the law too many lawyers will be out of work.
8/19/2010
It will be interesting to see how this one goes, I am almost certain this moot will be mute. Just listen to some of these lawyers and you will have a very good idea that this will be enforced when hell has a cold day. Do you ever wonder why the majority of Jamaican lawyers don't do pro bono cases; I hope some brilliant bloggers don't tell me that Legal Aid Clinic does because you have to pay.
8/19/2010
I have said it before and am happy to hear it from some like the Doc. The lawyers in Ja are a part of the problem not of the solution. Without the criminal elements a lot of them could not exist. They cannot move their offices from downtown as most of the criminals are from that part of the city and are afraid to come uptown. We need a zero tolerance policy in Ja, from opening and closing hours for businesses, to dress code in public places. We have lost our morality and legitimacy.
8/19/2010
My spin on this: I am in my shop and someone comes to buy bread for his family...do I send him/her away because I think the money is dirty? Does a man of the cloth ask his congregation if the tithe/collection is dirty money? When I walk into a store and buy something am I getting back dirty money? Listen to me...sumting wong...not adding right at all. I think you really wanted to say that some Lawyers are dishonest in handling peoples' business or Lawyers should be paid in kind, no cash!
8/19/2010
What is `dirty`money`?i`m or we are confused`
8/19/2010
Anyone ever thought about the real meaning of "criminal lawyer".
8/19/2010
100% Dr Munroe! It pains me, and I'm sure countless other jamaicans, to see how far behind we are.
We speak of being in step with first world countries but our only initiative to achieve this goal is to remove higglers from the streets. What a joke!
It takes Mr Stewart to instruct the Minister of Tourism on how to manage the tourism industry.
It takes Mr Lewin to instruct parties on severing links with criminals.
Where are the forward-thinkers of either party?
ECJ, no transparency? Third World!
8/19/2010
The only problem I have with this is who will the law enforce it on?
Every other day we want to implement new laws and we are not enforcing the ones that are already on the books. If your name is Mr. Big Man and you have friends in high places will it be enforce, things that make you go mmmm!!
8/19/2010
Lawyers to be paid with clean money! Sounds like blasphemy to me. The way things are going in Jamaica I think anything but ill gotten funds would be hard to find. Their clients include: drug and gun-smugglers, extortionists, money-launderers and the likes. In the old days crimes range from men fists-fighting, stealing a cow/goat, a bicycle or break into a shop, but when people were still safe in their homes.
8/19/2010
I agree with you Dr. Monroe.Too many of our lawyers who claim or pretend to uphod the law have been benifiting from these dirty blood monies.Most of these lawyers are worst than the blood thirsty criminals they represent. If these criminals do not exsist, then some of these lawyers will be out of business.My hope is that the Govt. will act quickly on such legislation.If we are going to clean house, then we must clean from top to bottom, leave no stone unturned.
8/19/2010
And by the way the inept govt and opposition party rushed an anti crime bill that had no provision to dealing with the problems that Mr. Munroe has identified in his article. At this point I am utterly disgusted with these politicians for their failure to implement real crime fighting measures. Jamaicans need to realize that the country cannot move forward when corruption and violent crime are rampant in the society. It is time to demand action from the government.
8/19/2010
Good point prof. But I can perceive problems - Delaying proceedings, clogging jails & courts and possibly leaving defendants without counsel. Does JA outlaws have any legit income? It is more than likely, NO! So, there may not be any/sufficient clean assets to pay lawyers. Will top lawyers work pro bono? Unlikely! Legal aid / govt would have to fill the gap, which amounts to using the tainted assets forfeited!
Such laws could cause recession for lawyers, because now, crime will not pay. (lol)
8/19/2010
This will only cover our inept judiciary system. The problem is not the defense been good at what they do. The problem is that the police and investigators do a very poor job of gathering, protect, and presenting the evidence to convict a person of a crime.
8/19/2010
These are always good suggestions, but why not educate persons and advocate for structural changes like Constitutional reforms, with a view of separation of powers with real standards of performance and accountability ?. With the current regime saddled by corruption and some supporters suggesting more corruption like "Administrative Fix ", why would we want a corrupt Government to handle more monies without first being accountable to the Taxpayers ?
8/19/2010
This and previous Govs are in no hurry to halt the rut. They would ultimately hurt some of their friends. Most of our political representatives are lawyers and the senate are more so endowed with them, so how are we going to enact laws which are inimical to their interest. Let's examine lawyers contribution to the society, every effort to combat crime being initiated by gov are opposed by the lawyers, whether they are in the Human Rights are in their Private practice. Why?! Civil Law mi seh.
8/19/2010
Well said Mr Munroe, Could agree with you better. Well if such a law is passed, many lawyers in JA will be out of business. Bloggers read between the line.
8/19/2010
George Watson, if you don't have anything positive to say keep your mouth shut. This is a law that should have been implemented ages ago and needs no discussion at this time.
8/19/2010
I must add my support to your distinguished voice doc. I do not think it is far fetched to say that corruption is being institutionalized in JA. Why would Gov then allow companies clearly headed by percieved and known drug Dons to be added to the list of legitimate contractors. Why has it taken so long for Gov the tax measures to bring down these people. Some of these lawyers who jump at these peoples defence are held in the highest esteem in the land. They simply are about enriching themselves.
8/19/2010
Mr. Munroe you are right on the money, we as a nation need to eradicate the very appearance of crime in all areas. Why didn't someone thought of this before? I am a professional as well, I have to adhere to, and abide by all code of conducts implemented by the regualatory body of my profession.
Cheers to you Mr.Munroe for considering this!!!
8/19/2010
I would love to hear Burt Samuel's response to this. He is always on radio and TV blabbering about this and that.
8/19/2010
That only happens in civilized societies. A friend once told me that this lawyer told his murderous, murdering client that the only way he could get off the case was if the witnesses didn't turn up to testify against him.
I often wonder what the advice was there.
How hard would it be for the implementation of what Mr. Munroe wants.
8/19/2010
Are you surprised that in Jamaica none of our top laywers who are always on the radio has made any such recommendations?
I am not afterall its all about the money.
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