WESTMORELAND, Jamaica – A long-time member of staff of the Ministry of Labour and Social Security (MLSS), is facing possible criminal prosecution from the Integrity Commission (IC) for allegedly attempting to collect outstanding National Insurance Scheme (NIS) contributions for illicit gain.

Claude McIntosh who has more than 30 years’ experience at the MLSS Westmoreland parish office, has been referred to the Director of Corruption Prosecution over breaches of the Corruption Prevention Act.

The referral by Director of Investigations Kevon Stephenson, is contained in an investigation report that found that McIntosh attempted to collect outstanding National Insurance Scheme (NIS) contributions from a delinquent self-employed individual, for illicit gain. The report was tabled in the Parliament on Tuesday.

According to the summary of the report, the director, during the course of the investigation, “uncovered an apparent act of corruption involving an employee at the MLSS Westmoreland parish office, in relation to the recovery of outstanding NIS contributions”.

The investigation, which commenced on March 15, 2023, was triggered by an anonymous telephone call from a complainant on March 7, 2023 who stated that he was contacted via telephone in December 2022 by McIntosh who told him that he McIntosh was associated with the NIS and that he owed over $500,000 in NIS payments.

The complainant was told that he needed to make the payment urgently, “otherwise, there will be problems”.

McIntosh, according to the investigation report, also provided a bank account number where the payment should be made. He also informed the complainant that if he were to pay the monies to the bank account, he would give him a discount of $150,000.

When the complainant enquired about being issued a receipt for the payment, McIntosh reportedly advised him that it would take at least two weeks to obtain receipts in Jamaica.
McIntosh then reportedly contacted the complainant on numerous occasions by way of email, telephone calls and via WhatsApp.

The director of Investigations in his conclusion, noted that Mcintosh, up to the time of the report (December 4), was still employed as a NIS administrator at the Westmoreland Parish Office of MLSS.

Stephenson concluded that McIntosh advised the complainant that he owed outstanding NIS contributions and proceeded to request that the payments be made to his personal bank account. The DI’s conclusion is premised on the evidence gathered and McIntosh’s admission that he engaged the complainant by way of telephone in respect of the said outstanding contributions.

Stephenson also confirmed that the complainant has outstanding NIS contributions for himself, as a self-employed individual, in the sum of $571,083.98, and for the business entity Dream Team Divers, in excess of $29,019.80, as at June 24, 2024.

The DI found that the telephone number which was used to communicate with the complainant during the period December 13, 2022 to March 6, 2023, belonged to McIntosh, and was in his custody at all material times, based on the evidence obtained from Digicel Jamaica Ltd.; Duly Authorised Officer at the MLSS; an NIS inspector at the Westmoreland Parish Office; and McIntosh himself.

The DI noted that the number was the same one associated with the WhatsApp messaging service used where McIntosh provided the complainant with his personal banking information.
The personal banking information was verified to be the accurate details of an active BNS account held in McIntosh’s name since 2003.

It was determined that McIntosh acted in contravention of the MLSS National Insurance Scheme Compliance Operations Procedure Manual and that he did so with the purpose of obtaining an illicit benefit.
It was also determined that he failed to adhere to the manual in respect of the permissible steps to be taken when collecting outstanding contributions.

As such, the DI concluded that McIntosh’s conduct amounted to a breach of Corruption Prevention Act.

Among other things, the DI recommended that the investigation report be referred to the Director of Corruption Prosecution for a determination to be made as to whether McIntosh’s conduct contravened the Corruption Prevention Act, and/or any other applicable law.

He also recommended training and sensitisation for MLSS employees in respect of the National Insurance Scheme and around the principles of ethics and integrity, in an effort to prevent corrupt and unethical conduct.

Separately, the DI has appealed to anyone who has paid monies to, or who has been approached by McIntosh in relation to their NIS contributions, to contact his office as soon as practicable.