FROM A
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
Jamaican appeals court stays regulator's Cease & Desist Order
13 February 2008

The Court of Appeal of Jamaica has issued a stay of the Cease & Desist Order issued two years ago against the Olint Corporation Ltd., a forex club, by the Financial Services Commission (FSC). This extraordinary action was taken in light of the fact that Olint has taken an appeal from the Supreme Court of Judicature of Jamaica decision validating the C & D, which held that the FSC had the right to take such action.

Olint has been ordered to cease taking any new clients, and to create a list of all clients by 5 February , which  will be placed under seal, pending the appellate decision. Should Olint lose the appeal, the FSC will take possession of the list.

The central issue is whether Olint, as a foreign exchange trader, is exempt from FSC regulation. The FSC has classified Olint's investments as securities, and has taken the position that it therefore should be regulated, because it allegedly issued investment contracts related to foreign currency trading activities, and reportedly provided investment advice, all without the required licenses.

This is a case of great public interest in Jamaica, as the FSC, a relatively new regulatory agency, is seeking to protect the investing public from what it deems unregulated securities. Some of the FSC's actions have met with strong opposition from the business community, and certain investors. 

OLINT, an acronym for the company's legal name, Overseas Locket International Corporation, is a Panamanian corporation.

The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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