Founder and Managing Director of National Fuels and Lubricants Roy DeCambre has made a formal complaint to the General Legal Council’s Disciplinary Committee against law firm Livingston, Alexander and Levy (LIVAL) concerning the transfer of funds to Total Jamaica back in May 2005.

DeCambre claims he has made repeated attempts to ascertain from Livingston, Alexander and Levy as to why it instructed NCB to debit accounts without the express authorization of National Fuels. He maintains that his efforts have gone ignored and that earlier this year he went so far as to deliver a registered letter to the law firm which it refused to accept.

He further adds that his emails on the matter to the reputable attorneys have gone unaddressed forcing him to take the issue up with the General Legal Council.  

Earlier in May, DeCambre wrote to the Secretary of the Disciplinary Committee making his position clear.

Our Today has a copy of this letter, which reads: “Livingston, Alexander and Levy gave instructions to National Commercial Bank (NCB) to transfer in excess of US$698,109.00 plus accrued interest to three separate accounts of Total Jamaica Limited in May 2005.”

“The terms of the escrow agreement precludes any such transaction without the joint authorisation of National Fuels and Lubricants and Total Jamaica Limited. National Fuels, its Directors nor agents did not authorise this, nor delegate this to any other party.”

“Attached are the frustrated attempts to get a response from Livingston, Alexander and Levy on their authorization to instruct NCB to debit this account.”

“This letter is my formal complaint to the General Legal Council against Livingston, Alexander and Levy for their role in the fraudulent conversion of funds from the escrow account.”

In order to get Livingston, Alexander and Levy’s account on this issue Our Today placed a call to the firm on Friday (May 28), more specifically to Mrs Angela Fowler, who is a senior partner there.

It was conveyed in no uncertain terms that Mrs Fowler may very well have nothing to do with this particular case and in fact, questions should be put in writing. A response would not be given on that day over the telephone.

Last year Roy DeCambre brought this matter to the attention of the Bank of Jamaica and complained about his inability to access information on the escrow account.

Writing to Mr Septimus Blake, the CEO of NCB Jamaica Limited, the Bank of Jamaica letter read in part: “ In his correspondence, Mr DeCambre contends that on January 2004 an escrow account was opened in the amount of US$1,700,000.00 in the names of National Fuels& Lubricants Limited (NFLL)/Total Jamaica Limited (TJL)/National Commercial Bank Jamaica Limited (NCBJ). He further contends that the account was opened without the directors of NFLL signing the requisite documents nor was anyone vested with authority to do so on behalf of the company.”

“Based on his correspondence his concerns primarily surround the series of withdrawals from the account which he contends arose from the fraudulent use of his company’s name and his inability to access certain information on the transactions, copies of account opening documents and authorization  for transfers from and subsequent closure of the account.”

The Bank of Jamaica called on NCB to provide the requested information by DeCambre and that it should adhere to the spirit of transparency. Once the information came to light, it was then that DeCambre became aware of Livingston Alexander and Levy’s role in giving instructions to transfer the funds which he says he was not made privy to.

“It is unclear to the BOJ why there would be a difficulty in providing the requested access to customer information. As the BOJ requires better particulars as to whether or not the requested information can definitely be provided to Mr DeCambre and if not we ask that in the spirit of transparency and clarity as articulated in the Code, that this fact be clearly communicated in writing to the customer and copied to the BOJ,” continued the correspondence from the Central Bank.

DeCambre insists that if the head of the Disciplinary Committee of the General Legal Council is a member of Livingston Alexander and Levy, then that person should be immediately recused and that transparency and justice should prevail.

Asked to comment on this contentious matter, DeCambre said: “I have reported Livingston Alexander and Levy to the General Legal Council for the unlawful, unauthorized conversion of some US$700,000.00 (J$105 million). These funds were in an escrow account in the name of NCBJ/ Total Jamaica Limited and my company National Fuels.”

“I maintain that I did not give Livingston Alexander and Levy permission to do so and since the funds cannot be legally withdrawn without my signature then Livingston Alexander and Levy’s actions must be unlawful.”