The Financial Investigations Division (FID), through collaboration with the Jamaica Constabulary Force’s (JCF) Counter Terrorism and Organized Crime Investigation Branch (C-TOC), successfully secured the forfeiture of J$4,201,500 to the Crown following a ruling in the Clarendon Parish Court. The ruling, handed down by Her Honour Mrs. Andrea English-Myers on February 6, 2025, is another victory in Jamaica’s ongoing efforts to combat illicit financial activities under the POCA.
The case dates back to February 6, 2017, when police officers from the Narcotics Division intercepted a grey Toyota Altis along the Mineral Heights Main Road in Clarendon. Intelligence indicated that the vehicle was allegedly linked to drug trafficking activities. Upon approaching the vehicle, law enforcement officers found Mr. Warren McLean, a labourer from Gimme-me-bit, Clarendon, as the lone occupant.
McLean informed the officers that another individual, later identified as Dennis McDonald, a cane farmer from Hayes District, had recently exited the vehicle. The police subsequently located McDonald and requested his return to the scene. A search of both men yielded no incriminating evidence. However, a search of the vehicle uncovered a black plastic bag containing a large quantity of cash. While McLean claimed that McDonald had placed the bag inside the car, McDonald denied any knowledge of it. Due to the conflicting accounts, the cash—amounting to J$4,201,500.00—was seized under the POCA by officers and transported to the Four Paths Police Station, where it was officially counted and documented by the Scenes of Crime Unit.
In the years that followed, legal proceedings were initiated to determine the rightful ownership of the funds. In February 2017, businessman Derrick Mitchell of Toll Gate, Clarendon, claimed the money belonged to him, asserting that it was acquired through his various business ventures, including a bar and local gaming/lotteries dealership. However, before the case could proceed, Mitchell was tragically shot and killed at a bar in Clarendon in April 2022.
With Mitchell deceased, the court permitted the Administrator General’s Department to assume responsibility for representing his estate. The legal battle culminated in a trial that commenced on October 24, 2023, with testimony from C-TOC and Narcotics Division officers. After concluding on January 31, 2024, the Court ultimately ruled in favor of the forfeiture, citing the lack of credible evidence to substantiate any lawful claim to the funds.
Commenting on the Court’s decision, FID’s Principal Director of Financial Crimes Investigations Keith Darien noted,
“This case highlights the importance of robust financial investigations in disrupting illicit financial flows which oftentimes support criminal activities. The successful forfeiture of these funds demonstrates the effectiveness of POCA in ensuring that unlawfully acquired wealth is removed from circulation and placed in the hands of the state. This case reinforces Jamaica’s commitment to strengthening anti-money laundering efforts and securing the nation’s financial system from criminal exploitation.