Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Legislation coming to prevent ruling similar to one that stripped FSC of control over fraud-hit SSL
The headquarters of fraud-hit SSL in St Andrew, Jamaica.
Latest News, News
June 13, 2024

Legislation coming to prevent ruling similar to one that stripped FSC of control over fraud-hit SSL

Legislation is coming that will prevent a court ruling similar to one that saw the temporary manager appointed by the Financial Services Commission (FSC) to oversee the fraud-hit Stocks and Securities Limited (SSL) thrown out in favour of the SSL-appointed trustee.

This was disclosed on Tuesday by Finance Minister Dr Nigel Clarke, as he responded to questions from Opposition Spokesman on Finance, Julian Robinson in the House of Representatives.

He said an insolvency bill is to be tabled in the Parliament before the end of the month with a view to plugging the gap in the current legislation.

On May 31, Supreme Court Justice, David Batts, ruled that the FSC’s temporary management of SSL through Kenneth Tomlinson was “ill-advised” and must cease with “immediate effect”. He ordered that control be given to Caydion Campbell, the trustee appointed by SSL.

The FSC had moved to block Campbell’s appointment and brought a lawsuit to that effect on January 23, 2023. However, Batts, in his ruling, stated that Campbell’s appointment on January 16, 2023 was “valid” and took precedence over Tomlinson’s appointment by the FSC on January 17, 2023.

Despite the ruling, Clarke noted that it was after the FSC intervened that it was discovered that the fraud, now in the region of $5 billion, was much bigger than initially thought, with many more clients affected.

The finance minister also noted that the court case centred around the issue of the property rights of the shareholders of an insolvent financial institution vis-à-vis the rights of the society to have a secure financial system.

Clarke pointed out that the country’s regulatory framework “stops short of recognising that property rights of shareholders of a failed financial institution, or an institution that is about to fail, or about to become insolvent, at some point has to be subordinated to the society’s rights for a secure and stable financial system”.

While acknowledging that the situation was created by an absence in the regulatory framework, Clarke said: “The good news is that before the end of June, we plan to table in this house, a special regulatory regime for financial institutions…an insolvency bill for the financial sector which proposes to resolve this gap that exists”.

Clarke was at pains to point out that the court, in its decision, “continued to recognise the property rights of shareholders of a failed institution that is beset by fraud, people have stolen money, stolen $3 billion and the judgment is that the property rights of the shareholders trumps the society’s need for financial sector stability”.

He suggested that Jamaicans did not fully comprehend the implications of the judgment.

“It is the responsibility of lawmakers to make sure that we plug that gap in legislation and regulation to ensure that it is very clear that you have property rights when you are functioning properly and you’re not posing a risk to the financial system,” he said.

“The moment it becomes apparent that you can pose a broader risk to the stability of the financial system, your property rights have to be subordinated to the rights of the Jamaican people to a stable financial system,” Clarke added.

He told his colleagues that the legislation is dense and will take some time to sort through because of its complexities.

“I’m going to count on the entire house to get through the legislation and to get through it in as quick a period as possible so that we can avert any problems in the future,” the minister said. He pointed out that the legislation will ensure that taxpayers are not called to account, to pay for failed financial institutions.

Clarke also pointed out that the judge did not impose a stay on any possible prosecution of any individual connected with SSL.

“As far as the investigation into [the fraud at] SSL is concerned, the position of the government is that you leave no stone unturned… get international help and follow the evidence wherever it leads…,” said Clarke.

He argued that had the FSC not gone in along with the Financial Investigation Division and international forensic experts, the full extent of the fraud would not have been uncovered.

Tags:

Dr Nigel Clarke Financial Services Commission FSC
{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Jamaican pilot ‘flying high’ after winning US$2m Mr Beast challenge
Latest News, News
Jamaican pilot ‘flying high’ after winning US$2m Mr Beast challenge
Dana Malcolm | Observer Online Reporter | Malcolmd@jamaicaobserver.com 
December 9, 2025
For Jamaican-born pilot Jabari Brown, having copped a US$2 million jet after beating 99 other pilots in a dramatic YouTube challenge hosted by popular...
{"jamaica-observer":"Jamaica Observer"}
NHT extends Hurricane Melissa relief to mortgagers in lesser-affected parishes
Latest News, News
NHT extends Hurricane Melissa relief to mortgagers in lesser-affected parishes
December 9, 2025
KINGSTON, Jamaica —The National Housing Trust (NHT) is assuring mortgagors in the lesser‑affected parishes that they, too, will benefit from the entit...
{"jamaica-observer":"Jamaica Observer"}
Mt Pleasant could face LA Galaxy in Champions Cup
Latest News, Sports
Mt Pleasant could face LA Galaxy in Champions Cup
December 9, 2025
KINGSTON, Jamaica —  Caribbean Cup champions Mount Pleasant Academy could face Major League Soccer powerhouse Los Angeles Galaxy in the Round of 16 in...
{"jamaica-observer":"Jamaica Observer"}
Man in custody following alleged abduction of missing 6-y-o in Clarendon
Latest News, News
Man in custody following alleged abduction of missing 6-y-o in Clarendon
December 9, 2025
CLARENDON, Jamaica — Head of the Clarendon police Senior Superintendent Shane McCalla, has confirmed that a man was taken into custody after a missing...
{"jamaica-observer":"Jamaica Observer"}
Forex: $161.14 to one US dollar
Latest News, News
Forex: $161.14 to one US dollar
December 9, 2025
KINGSTON, Jamaica — The United States (US) dollar on Tuesday, December 9, ended trading at $161.14, up by 12 cents, according to the Bank of Jamaica’s...
{"jamaica-observer":"Jamaica Observer"}
NWC extends MSME amnesty to December 31
Latest News, News
NWC extends MSME amnesty to December 31
December 9, 2025
KINGSTON, Jamaica —The National Water Commission (NWC) is encouraging micro, small and medium-sized enterprises (MSMEs) to take advantage of its amnes...
{"jamaica-observer":"Jamaica Observer"}
Gary Francis, Dwight Powell promoted to ACP
Latest News, News
Gary Francis, Dwight Powell promoted to ACP
December 9, 2025
KINGSTON, Jamaica — Two senior superintendents of police, Dwight Powell and Gary Francis have been promoted to the rank of Assistant Commissioner of P...
{"jamaica-observer":"Jamaica Observer"}
UPDATE: Missing 6-y-o returns home
Latest News, News
UPDATE: Missing 6-y-o returns home
December 9, 2025
CLARENDON, Jamaica — Police say six-year-old Anka Glasgow of Inglewood Drive, Victoria Avenue, Clarendon, who has been missing since Tuesday, December...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct