Govt. asks US court to subpoena documents, testimony in Isaac case
The Bermuda Government has asked the Supreme Court of the State of New York for an order permitting limited discovery relating to bank accounts allegedly linked to the theft of $1.9 million from a Government bank account.
The pre-action application for limited discovery, which was filed with the court in the County of New York on July 29, relates to criminal charges against Bermudian national and former management accountant in the Accountant General?s office, Harrison Isaac, Jr. He has denied one count of conspiracy to commit wire fraud, 13 counts of wire fraud and one count of access device fraud in the theft of $1,899,888 from an account held in Government?s name at The Bank of New York.
The criminal offences are alleged to have occurred in New York so Isaac was extradited there in January this year and is due to stand trial in October. His alleged associate, Teketa Thompkins, has also been indicted for aiding and abetting.
Government is asking the New York court to subpoena documents and testimony relating to certain accounts held at the Bank of New York. It also wants the court to use its powers to help secure similar evidence from Compass Bank in Alabama and the Bank of Bermuda.
The application said that information from the criminal investigation is not available to the Government of Bermuda making civil discovery necessary to preserve information and frame a complaint to recover misappropriated funds, according to the document. ?Bermuda also does not wish to interfere with the criminal prosecution of Mr. Isaac by filing a civil action at this time, but information could be lost if Bermuda does not act promptly,? the application said.
According to Government?s application, Mr. Isaac?s job duties while employed with the Accountant General included maintaining foreign bank accounts including one at the Bank of New York (BONY) and using those accounts to pay Bermuda?s vendors that only accepted American dollars. The application states that in his capacity as management accountant, Mr. Isaac received bank statements for the BONY account and had access to it by use an electronic keycard system. Mr. Isaac allegedly used one card issued in his name and another in the name of a former Ministry of Finance employee to make unauthorised wire transfers from the Bermuda account to accounts in the United States and Bermuda, many of which ?he or Teketa Thompkins, the defendant controlled,? the application said.
Government is asking for information on a number accounts including two Bank of America accounts held by Georgia-based companies All Brand New Inc. and Simply Perfection Inc. which according to court documents were owned and operated by Ms Thompkins. It has wants the court to help it obtain documents and testimony from the Bank of Bermuda in relation to an account under the name of Bermuda on the Rocks, an events promotions company based here that was owned and operated by Mr. Isaac.
The application said that between May 29, 2003 to February 6, 2004, approximately $48,000 was wired from the BONY account to an account in the name of Isaac?s company. Bermuda on the Rocks. More than $380,000 was wired to Teketa Thompkins? company All Brand New and an additional $1,062,000 to Simply Perfection.
Government is also interested in a Fleet Bank account under Bloomberg LP, a US bank account in the name of J&A Printing, a Bank of America account under the name of Bermuda International Shippers and a Compass Bank account in the name of Harvey and Lori Knotts.