SMN News established St Maarten’s connection to the Bientu case in its first report. Now, as MP Darryl York demands more revenue for justice, the unanswered question is whether millions held in U.S. investment accounts earned money that has never been publicly accounted for—while St Maarten struggles to fund youth crime prevention.
PHILIPSBURG:--- Justice Minister Nathalie Tackling says St Maarten needs more resources to confront violent crime. Member of Parliament Darryl York says government must stop approving budgets that leave justice services short and then act surprised when those services struggle. Both arguments lead to a question for Tackling and Finance Minister Marinka Gumbs: Have they demanded a full accounting of the Bientu millions, including any interest or investment earnings, and determined whether St Maarten has a lawful claim?
The United States is transferring approximately US$29.7 million in forfeited Bientu funds to Curaçao in three installments. According to the U.S. Department of Justice, the proceeds were held in investment accounts at a Miami bank in the names of companies controlled by Robertico “Robbie” Dos Santos. Its announcement does not break down the original balances, interest, investment returns or deductions. It does not say whether the US$29.7 million includes everything the accounts earned while the funds were restrained.
How much did those accounts earn? Where did the earnings go? No published figure reviewed by SMN News answers either question. Inventing one would be irresponsible. It would be equally irresponsible for ministers responsible for protecting St Maarten’s finances to leave the accounting unquestioned.
The court’s 2016 Bientu judgment discusses the restraint of accounts connected to the case, including Curaçao’s request for U.S. assistance in February 2012. It also records that approximately US$30 million in U.S. investment accounts was omitted from an attempted tax disclosure by Dos Santos. Those facts make an account-by-account reconciliation essential; they do not, by themselves, establish how much interest is accrued or who is entitled to it.
York’s remarks in Parliament give this issue immediate political weight. He accused the Council of Ministers and Parliament of passing budgets that leave the police and other justice services underfunded, then demanding results. He called it a “laugh-now, cry-later” approach and said his faction had sought a discussion on revenue generation for roughly a year and a half. “I’m tired of the buts,” York said. Tackling acknowledged that government cannot meet every ministry’s request and agreed that revenue needs attention.
Here is a concrete place to begin. SMN News reported that the Bientu investigation began with unusual transaction reports filed on Sint Maarten. The court identified approximately NAf. 15.9 million in concealed St Maarten lottery turnover in its calculation for 2004 through 2011. That is turnover—not an established tax debt and not St Maarten’s share of US$29.7 million. Prosecutors also identified St Maarten businesses subject to tax reporting and said they had issued additional assessments. What became of those assessments remains unanswered in the public record.
Curaçao asked the United States to enforce its restraint and forfeiture orders. The U.S. Justice Department says the return recognizes Curaçao’s losses and its assistance in securing the forfeiture. Those are reasons for Curaçao’s announced transfer. They are not an accounting of St Maarten’s tax position, nor an explanation of whether anyone acting for this country raised it before the transfer terms were settled.
Tackling has warned of more serious violence involving younger suspects. Government has already used its Crime Fund to help support a youth gun violence intervention initiative. A lawful recovery, if one can be established, could strengthen sustained mentoring, skills training and other prevention work. No minister can promise that outcome before the legal claim and rules for using any recovered money are known. But they cannot discover the answer without pursuing the records.
Tackling and Gumbs should jointly request the signed U.S.–Curaçao transfer agreement; the opening and closing balances of the restrained accounts; a statement of interest, investment income, fees and deductions; and the status of Sint Maarten’s related tax assessments. They should obtain written legal advice on whether Sint Maarten has a claim to any funds or earnings and report the conclusion to Parliament.
York told government to stop recycling explanations for justice’s shortage of money. The ministers can answer him with action: establish the figures, establish Sint Maarten’s rights, and pursue every dollar the country can lawfully recover.