A legal dispute has recently emerged in Antigua and Barbuda, centered around the high-value auction of the motor vessel ‘Alfa Nero.’
The dispute raises critical questions about the transparency and adherence to auction procedures in the Caribbean nation and highlights the financial repercussions for the parties involved.
Background and Auction Process
The saga began in March 2023 when representations made by the Prime Minister and the Government of Antigua and Barbuda suggested that the United States State Department had removed the ‘Alfa Nero’ from its sanctions list. However, this contradicted the vessel’s inclusion on the Treasury Department’s Office of Foreign Asset Control (OFAC) list.
In response to these representations, the claimant, Warren Halle, instructed M&T Bank to transfer a substantial sum of Ten Million United States Dollars ($10,000,000.00 USD) to the trust account of Moore & Co. in Coral Gables, Florida, with the intention of purchasing the vessel.
This transfer was deemed preliminary to making a deposit to the Government of Antigua and Barbuda for the acquisition of ‘Alfa Nero.’ However, these funds were subsequently seized by OFAC, citing the vessel’s continued presence on the sanctions list.
Financial and Personal Impact
As a result of these developments, Warren Halle incurred substantial costs and personal losses. He made two trips to Antigua and Barbuda, each at a cost of Seventy-Six Thousand Five Hundred United States Dollars ($76,500.00 USD) to finalize the vessel’s purchase.
Additionally, Halle engaged various professionals to navigate the complex process, including Gerry Ross for Two Hundred Thousand United States Dollars ($200,000.00 USD), local counsel Damien Benjamin for One Hundred and Fifty Thousand United States Dollars ($150,000.00 USD), and United States attorneys Moore & Company PA for One Hundred Thousand United States Dollars ($100,000.00 USD).
Moreover, he had to hire the former captain of the ‘Martha Ann’ to prepare the vessel for sailing, incurring a cost of Fifty Thousand United States Dollars ($50,000.00 USD). Vessel insurance and other incidentals, managed by Vanessa Matten, amounted to Twenty Thousand United States Dollars ($20,000.00 USD).
The delay in acquiring ‘Alfa Nero’ led to the loss of six weeks of charter in the Mediterranean, resulting in a cost of Eight Hundred Thousand United States Dollars ($800,000.00 USD) per week.
Over the last four months, Halle personally incurred losses totaling Two Hundred and Ten Thousand United States Dollars ($210,000.00 USD) due to the pursuit and preparation of the vessel for acquisition, including accommodation, transportation, and other incidentals in Antigua and Barbuda.
Legal Proceedings and Auction Outcome
The dispute escalated when, on 23rd May 2023, Halle was informed that the Prime Minister, Mr. Browne, did not possess the authority to sell him the vessel. Instead, adherence to the auction procedure and OFAC sanctions, to be provided by the Port Manager and the Port Authority, was necessary.
On 5th June 2023, the United States Department of Treasury returned the initial deposit of Ten Million United States Dollars ($10,000,000.00 USD) sent on 20th March, 2023, to the Government of Antigua and Barbuda for the purchase of ‘Alfa Nero.’
Subsequently, on 12th June 2023, Halle received an email from Mr. Darwin Telemaque, the Port Manager responsible for the auction of ‘Alfa Nero.’
Halle was invited to place a bid for the distressed and abandoned motor vessel, ‘Alfa Nero,’ anchored in Falmouth, St. Paul, Antigua and Barbuda. Halle submitted a bid of Sixty-Six Million United States Dollars ($66,000,000.00 USD) for the motor vessel in a sealed envelope, following the auction procedures provided by Port Manager Darwin Telemaque and the laws of Antigua and Barbuda.
The auction took place on June 16, 2023, with the procedures publicly disseminated by the Port Authority and the Government of Antigua and Barbuda. The auction event was also broadcast live on the local television station, Antigua Broadcasting Station (ABS).
Despite Halle’s bid being recorded as the second-highest, with Mr. Eric Schmidt’s bid as the highest, Schmidt allegedly failed to comply with the auction procedure and the laws of Antigua and Barbuda.
Legal Actions and Claims
On 27th June 2023, Halle was informed that seven working days had passed since the auction, and he was advised to prepare for the finalization of the vessel’s purchase.
Halle expected to receive confirmation from the Port Manager that he was the owner of ‘Alfa Nero.’ In response, he instructed his local attorney to notify the Port Manager of his readiness to complete the purchase.
However, on 29th June 2023, Halle took a significant legal step by instructing his agent and attorney in Antigua and Barbuda to file an injunction preventing the sale of the motor vessel, ‘Alfa Nero,’ to Mr. Eric Schmidt, the highest bidder announced at the auction.
Halle contends that his right to purchase the vessel in accordance with the auction procedure and the laws of Antigua and Barbuda has been violated.
He argues that Mr. Eric Schmidt’s bid should be disqualified from the auction due to his failure to make the required payment to the Port Authority and the Government of Antigua and Barbuda within the stipulated seven working days.
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Aren’t we making guarantees and accepting all liabilities?
WHEN I SPEAK, THAT’S GOVERNMENT POLICY…AH ME AH DE TAP DAWG. Say what? Really?
READ THIS….”The dispute escalated when, on 23rd May 2023, Halle was informed that the Prime Minister, Mr. Browne, did not possess the authority to sell him the vessel”
Antigua and Barbuda Liability Poorhouse: what the hell did we get ourselves into? What calamity is this? Can this government produce anything other than court cases? Greed will kill the top dawg. Labour needs to go!
I read this story and I had to shake my head:
First: “He made two trips to Antigua and Barbuda, each at a cost of Seventy-Six Thousand Five Hundred United States Dollars ($76,500.00 USD) to finalize the vessel’s purchase”
Second: “Halle engaged various professionals to navigate the complex process, including Gerry Ross for Two Hundred Thousand United States Dollars ($200,000.00 USD), local counsel Damien Benjamin for One Hundred and Fifty Thousand United States Dollars ($150,000.00 USD), and United States attorneys Moore & Company PA for One Hundred Thousand United States Dollars ($100,000.00 USD).”
Need I say more?????
The whole press release reads more like a Nigerian scam email than a serious legal challenge.
I would be prepared to negotiate with the parties for One Million United States Dollars ($1,000,000 USD). If however any party to the dispute realises that I have as much credible legal qualifications as this scam has legal basis, I will withdraw.
Who is Gerry Ross? What is his expertise?
BTW… those trips to 🇦🇬 were via private jets.
That boat was the golden to ticket but here we are now….stumble after stumble
So what’s new? We have some of the duncest, idiotic, incompetent, compromised set of people making decisions for this twin island state, and that in essence is the problem. Telequack running auction when he not qualified ,because someone no doubt told him to; the legal mind who advises the government, Cutie Shamu Benjamin, and we know how he has caused our the country so much embarrassment, and of course, Gaston Browne. Greedy, narcissistic, dunce and downright vindictive, running his mouth like Niagara Falls every Saturday, while the country is in absolute ruins.
Oh how the world laughs Troy Allen! The shyster who really should be in all kinds of legal hotwater for some of the crap he spurts. Daring to attack a native born Antiguan (Sandra Joseph) and getting away with it.
Beware these Oligarchs Gaston Browne! Beware. These guys have a drastic of way of protecting their assets.
@Need I, I noticed all those funds mentioned too! What the heck! Also, the only local lawyer that could be used was Cutie’s son! No other lawyer was available in Antigua? $150,000 USD he say you know? (Do you all remember that the government told the buyer that they would pay any legal fees incurred? Did you all know is them kinda monies the legal fees were?!!!) This is a conflict of interest at best and gross nepotism at worst. When they finish, Gaston et al try to shrug off criticism by saying critics are jealous. No, critics see gross wrong doing, incompetence and waste of tax payers’ monies when the government has no money to pay pensioners, fix infrastructure, etc. Remember when Mr Dave Ray gloatingly said to critics “Tek dat in you Nenen!” when the government initially accepted Schmidt’s winning bid. How come he hasn’t said anything since things fell apart? This mess is getting so big that not even bulldozers can clean it up. Tell him to tell the pm to come clean to the tax payers of this country and admit that he, Gaston got scammed again!!!!
My option was to scuttle that damn eyesore, down at Cases Reef: But no one will lend me an ear. Who is he that had gotten the finder’s fee? Who did advise the governance to engage in this I’ll faith venture to confiscate, acquire and, dispose of an asset without tittle ownership? And with grandstanding elation without vetting of all potential encumbered liabilities; devoid of imminent domain consensus. This is a prime example of Governance by Clique and Cronies, steep in the mantra of nepotism that serves not the interest of the governed but, rather: their artful grandiose self enrichment scheme.
Cades Reef*
This is really alarming and stunning if true. Once again the haste that was involved in taking over this vessel might now be coming back to hurt us. The implications here are enormous and worrying for Antigua and Barbuda. It’s like a never ending saga. We might never end up selling the vessel and the legal and other costs to Antigua might far outweigh the cost of the vessel……and who was the local attorney representing Mr Halle in all this broha? Look carefully! It doesn’t look and sound good.
Kinda troubling to me.
Is the local Antiguan attorney Benjamin qualified in maritime legal affairs? To get $150,000.
And again silence from the usual ABLP supporters and Gastonites. Here’s the list:
Tenman
GILES
JP
Curious
Dave Ray
GEL
Smh (the fake one)
Gaston Browne (the real one 😁)
Bluddy Bloke
Fitzroy
JB
Eric (THE RED)
SHERFIELD
… and don’t forget the LEADER of the hide – themself – away gang (when the going gets tough for the ABLP and Gaston Browne).
The one, the only @ From The Sideline.
WHEY ALL AH DEM DEYA???
Ah hide dem ah hide so …. hehehe 😂
… their blind support for this irresponsible government is just STAGGERING!
Mind you, their current SILENCE speaks volumes …
Hey Brix, Do you think that Tenman and From the Sideline got some cash from this transaction?
I can’t hear from them
GERRY ROSS, BEFORE CAREFUL YOU DON’T GO JAIL
GERRY ROSS, BE CAREFUL YOU DON’T END UP IN JAIL.
Son naming dad as one of the defendants. Quite remarkable.
Cutie Benjamin leading the sale on behalf of the government and HIS SON, Damien Benjamin, representing the buyer. That is a conflict of interest if I ever saw one. How much of that $150,000 Cutie getting?
As the saying goes, if you find that you’ve dug yourself into a hole that you can’t get out of, the first thing to do is stop digging!
All the government employees who took bribes for their ABLP vote will find themselves front and center stage when the ABLP can’t make up the payroll because they are in the hole for countless millions after being sued by all the parties to this maritime circus.
Big Big lawsuit coming from a few people, trust me!! This Government is not getting off the hook for all this Corruption..smdh..just scamming people left right and center.
In the words of my Good Jamaican friend ” Bwoi it ruff out a Jan shap deh”
Oh what a tangled web we weave when first we practice to deceive.
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