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| Phillip Rahman |
Finance Minister Larry Howai commissioned a report on the matter in February and when he got it, the minister referred it to the AG.
Speaking Thursday at the post cabinet media briefing Ramlogan said he referred the PricewaterhouseCoopers report for the DPP and police chief to consider whether there is justification to lay several criminal charges, arising out of violations of the Securities Act.
He also stated that he would ask the Securities and Exchange Commission (SEC) to ensure that there is fair and equitable dealings in securities and the protection of the integrity of the securities market "against any abuses arising from market manipulation practices and improper practices”.
Ramlogan said the SEC should investigate possible breaches under Section 91, 94 and 95. A person who is convicted of an offence under these sections can be jailed for five years and fined $2 million. Sections 100-101 deal with insider trading and carry a fine of $5 million and seven years in prison.
Ramlogan said the issue is not the purchase of a large number of shares. “If Rahaman had purchased his shares for his own right, no issue could arise. And any employee would be free to do that. The issue is whether non-employees were able to access a shares category that was reserved expressly for employees,” he said. He noted that an employee could buy any number of shares.
He explained that First Citizens chief executive Larry Nath bought 215,000 stock units. "In relation to Nath’s purchase, his application was submitted through the lead broker and was in conformity with the requirements of the prospectus. His purchase was financed by loans from Scotiabank and First Citizens." Ramlogan said.
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