Buncamper Molanus Taking DP Board to Task --- said she did not commit criminal act--- Hearing scheduled for Monday Night with Board.

PRESS STATEMENT
Minister Maria Buncamper-Molanus
Dear Friends,

For the past two weeks my family and I have been subjected to the worst kind of assault humanly possible. Our names and reputations have been dragged through the mud, primarily by articles in the "Today" newspaper.
The reason given?
My Husband Toontje and I, allegedly broke the law by selling government land, given to us in long lease for a profit. Some have even accused us of money laundering.
While on the program "For the Record" with Eddy Williams one week ago, I promised that I would give you, the St. Maarten public, an explanation. I asked the reputable law firm HBN Law for a legal opinion on the matter and have now received their statement, which I will now share with you:
M E M O R A N D U M
Date : December 18, 2010
To : C.A. Buncamper and M.J. Buncamper-Molanus
From : HBN Law (E.R. de Vries)
Subject : Economic Ownership
We are attorneys at law with the Court of Appeals of Aruba, Curacao and Sint Maarten and Bonaire, Sint Eustatius and Saba and qualified to render the opinions contained in this memo.
For the purpose of rendering the opinions in this memo, we have been provided with the following documents:
- Decision of the Executive Council of Sint Maarten of February 14, 2008, no. 129 (the "Decision") to issue a parcel of land on Sint Maarten, described in certificate of admeasurement no. 230 of 2007 ("Parcel 230/2007") in long lease (the "Long Lease Right") to C.A. Buncamper and M.J. Buncamper-Molanus ("Buncamper");
- Notarial deed of December 19, 2008, drawn up by mr F.E. Gijsbertha, a civil law notary on Sint Maarten (the "Notary"), whereby the economic ownership of the Long Lease Right (the "Economic Ownership") was assigned to Eco-Green N.V. ("Eco-Green"); and
- A Commercial Lease Agreement dated December 19, 2008, purportedly drawn up by the Notary, whereby the Economic Ownership was leased by Eco-Green to St Maarten Building Supplies N.V. ("SMBS").
In this memo we will, at your request, give our opinion on the following issues: Page 2 of 5
A. Is it legally possible to assign the economic ownership of a right of long lease?
B. What is the position of a civil law notary in Sint Maarten legal practice?
C. Can a citizen that employs a civil law notary in Sint Maarten to carry out a real estate transaction rely that the transaction is carried out validly?
D. Do the transactions described above constitute the crime of money laundering?
In issuing this memo we assume, and with your permission rely thereon, that there are no documents, facts or circumstances that are relevant to our opinion in this memo that have not been disclosed to us.
This memo and the opinions expressed herein are based on our knowledge of the law as applicable in Sint Maarten during the relevant period covered by this memo.
A. Assignment of economic ownership
Sint Maarten law does not formally distinguish between the transfer or assignment of forms of ownership, such as an assignment of legal ownership (juridische eigendom) or an assignment of economic ownership (economische eigendom). In legal practice when the transfer of ownership of real estate is conducted, this generally means the transfer of legal ownership of the real estate involved. Also, where article 3:88 Civil Code stipulates the form of the assignment of real estate, the assignment of legal ownership (not economic ownership) is meant.
Nevertheless, it is common practice and commonly accepted that the economic ownership of real estate can be assigned between private parties. Such an assignment of economic ownership is carried out where parties wish to arrange between themselves the change of the economic benefit and risk of real estate from the legal owner to the acquirer of the economic ownership, without actually transferring (the legal ownership of) the real estate. The assignment of economic ownership on real estate therefore in essence is nothing else than an agreement between the legal owner of the real estate and a third party, that from a certain moment on the benefit and risk of the real estate are for the account of the third party.
For the assignment of economic ownership to be valid, it is not required to have the agreement between the parties involved laid down in a notarial deed, nor is it necessary to inscribe such a deed in the public land registers.
The assignment of economic ownership only works between the parties involved and therefore does not change the fact that the legal owner is and remains the holder of the legal ownership rights to the real estate involved. If, for example, a creditor of the legal owner wishes to attach the real estate of the legal owner to recover payment of a debt of the legal owner to that creditor, the holder of the economic ownership of the real estate in question will have to accept that right of the creditor and will only remain with a claim against the legal owner for breach of contract (safe for other arrangements that may have been made between the parties).
Given the above, it is our opinion that it is legally possible to assign the economic ownership of a right of long lease in the afore-mentioned sense.
B. Position of a civil law notary
The Notary, as a civil law notary (notaris) with place of sitting Sint Maarten, is a public civil servant (openbaar ambtenaar) exclusively authorized to pass authentic deeds for all acts, agreements and decisions where the law dictates or parties request an authentic document. In order to be appointed as civil law notary, the person in question has to meet several Page 3 of 5
professional and personal conduct requirements. The notary is generally considered to be a legal expert in the field of real estate transactions.
C. Assumption that a transaction carried out by a civil law notary is valid
Given the position of a civil law notary in the legal system of Sint Maarten, it is our opinion that any citizen that does not have an extensive legal background, may, in principle and in good faith, assume that a real estate transaction carried out by or under the guidance of a civil law notary, is legally valid. In this regard we point out that real estate transactions are generally complicated and there is a public interest in having real estate transaction carried out properly, in particular for legal certainty (rechtszekerheid). This is one of the main reasons why the legislator has made involvement of a civil law notary in the process of transfer or mortgaging of real estate mandatory. As such a citizen without an extensive legal background can generally rely on the knowledge and expertise of the civil law notary and should not be deemed required to second guess the validity of the deeds, agreements or acts of the civil law notary, safe for a manifest error contained therein.
D. Do the transactions constitute money laundering?
The transactions described above are, in essence, the assignment by Buncamper of the Economic Ownership to Eco-Green against a purchase price, followed by the lease by Eco-Green of the Economic Ownership to SMBS. All transactions have been documented and are partly laid down in public documents that have been inscribed in the public registers of Sint Maarten. In order for the transactions to constitute money laundering (in the sense of articles 435a-435d Criminal code Sint Maarten), it is required that the item (good or right) that is being acquired or transferred is derived directly or indirectly from a crime. Given the contents of the transactions described above, they could constitute money laundering only if the Long Lease Right, the Economic Right, the lease, the purchase price or the lease price due or paid are derived directly or indirectly from a crime. We have no indication to believe that to be the case. As such we would not see how the transactions described above could constitute the crime of money laundering.
******
The legal opinion given by HBN law clearly proves that I have done nothing wrong, legally nor morally.
Please allow me in simple English to explain what actually happened.
Based on a request submitted in 1992, my husband and I were granted permission to use a piece of land in the landfill area for commercial use in 2005. This means that the land is to be used for business purposes. This transaction was formalized in 2008 with the issuance of Page 4 of 5
government resolution for the long lease. The purpose of the land is for storage of imported aggregates (construction material such as sand, blocks and cement)
When we were approached by a young St. Maartener Mr. Ivan Havertong, who hails from a decent respectable, community minded family and a very close personal friend of ours, who was looking for commercial property to operate his business, we agreed to work something out with him.
It was a business transaction. He, Mr. Havertong, wanted land to use to operate his business SBS, we, my husband and I, had land for commercial purposes, so if all could be legally formalized, we could proceed.
Notary Gijsbertha was approached and explained what our plans were, and asked if such an arrangement can be legally worked out. He replied yes and suggested the format that is now so severely being critisized. A format widely used on the island by many prominent business leaders, including some who are today criticizing me.
Now let me say something about Eco Green.
Eco Green is a locally established business. Owned and operated by a Sint Maartener from Middle Region. ... Mr. Walters is a long time friend of the Buncamper family. The discriminating remarks made against this good gentleman are sickening. He was described as not fitting the profile of someone having money because he is from Middle Region, dresses simple and does not speak fancy. What is exactly the profile of someone who has money? Must he or she have a particular skin color? What color should their eyes be or what type of car must they drive? Where should they live, Point Blanche? Guana Bay? Pelican?
A blatant insult to the Sint Maarten people, but we laugh and agree because the goal is to take out the Buncampers.
One prominent politician said that Mr. Walters does not even own a wheelbarrow.
My question is did the managing editor of the Today newspaper own a wheelbarrow when he came to Sint Maarten from heaven knows where? Does he or his friends fit the profile of people with money?
Mr. Walters is a respectable Sint Maartener from the town of Middle Region, a town that has produced some of St. Maarten's best and brightest. He made use of a totally legal business opportunity provided to him. He does not have to fit any profile to be able to establish, own and operate any business on this island. This is his island and he has a right, more than some of his critics, to be able to operate his own business here. Shame on those of us who join others, who we have welcomed here without having even owned a wheelbarrow, in criticizing our own local entrepreneurs and exacting that they must fit a certain profile before being able to operate a business here.
This is no longer about the Buncampers. This is about the role of the press in our community. I stand up front, in supporting the press in uncovering any wrongdoing, especially of politicians. I cannot however condone the twisting of stories and inciting the public with as sole goal, the character assassination of three local families who have done nothing wrong.
One of my critics said and I quote "there is a line you are not supposed to cross" unquote. Page 5 of 5
I agree, but he apparently keeps moving that line depending on what he stands to gain from someone who has blatantly crossed that line.
I was asked to consider tendering my resignation. And I have seriously considered it. However it is difficult to accept guilt when you have done nothing wrong.
This type of witch hunting must stop.
Today it is Maria, Toontje, Walters and Ivan all Sint Maarteners who did nothing other than to try to earn a decent living on their island in a totally legal fashion.
Tomorrow it will be whom ............you fill in the blanks.
I hope I have given you the explanation I promised you. And I will continue to work in your interest so that not only those whom we welcome to our shores may prosper, but also those of you from Middle Region, Suckergarden, St. Peters and Capebay without having to necessarily fit any particular profile.