Jack’s sons lie
By Darcel Choy
T&T Newsday
Daryll Warner, son of former FIFA vice-president Jack Warner who pleaded guilty in July 2013, lied to get a mortgage loan to purchase a condominium in Miami, Florida for his brother Daryan, his father and himself, according to court records.
Prosecutors in the US District Court, Eastern District, New York, yesterday unsealed the plea hearing transcripts of Daryll and Daryan.
Daryll, like his brother, waived indictment and pleaded guilty to wire fraud, and structuring funds as to evade bank reporting requirements while Daryan pleaded guilty to wire fraud conspiracy, money laundering conspiracy and the structuring of financial transaction to evade bank reporting requirements.
According to Daryll’s court transcript released yesterday, Daryll testified that in late 2005, his family determined that he would be the one to purchase the apartment and seek mortgage financing for the apartment.
Daryll said, “In October 2005, I began the process of obtaining a mortgage loan to be secured for the condo. For that purpose, I applied for a loan with Sunbelt Lending Services. In the effort to qualify for the loan I provided the mortgage lender with inaccurate information regarding the location of my employment and the amount of my monthly income among other things. I did so with the knowledge that the information was false and with the intent to qualify for a loan which I knew I might not qualify if I provided accurate information.”
“In furtherance of closing on the condominium on December 26, 2005. I sent an email from Trinidad and Tobago where I was at the time, to my loan officer who was based in Florida. In the email I sought to delay the closing by a few days because I needed additional time to obtain the fund necessary to close on the condominium. I ultimately closed on the condominium several days later.”
US District Judge William Kontz stopped Daryll’s testimony to ask, “You stated sir that you might not qualify had you provided accurate information. Did you think that there was a possibility that you would have qualified had you provided accurate information?” Daryll replied, “No, Your Honour.”
The judge asked, “Did you understand that you would not qualify for the loan if you provided the truth?” Daryll replied, “Yes, Your Honour.”
Told to describe in his own words what he did to commit the crimes charged in count two (structuring funds), Daryll said, “Between July 2011 and December 2011, I engaged in a number of transactions at financial institutions in the Miami, Florida area. During this period I had a general understanding that making a cash deposit of more than US$10,000 into a bank account would trigger a requirement on the part of the bank to issue a report which would include information regarding the source of funds. Based upon this understanding and in connection with some of the transactions I made, during the above six-month period, I took steps intended to avoid this reporting requirement.”
Daryll said in some instances, he “deliberately” broke up deposits into amounts of less than US$10,000 in order to avoid the filing of the requisite report.
“I engaged in such deposits and other transactions intending to avoid the reporting requirements in connection with more than US$100,000 in transactions in the above six month period,” he said.
In Daryan’s transcript, he admitted he was among a group which agreed to buy and resell tickets for the 2006 and 2010 World Cups at a substantial profit. The transcript showed that the court had problems understanding Daryan during his testimony. Kontz at one point told Daryan, “Take your time. Take a drink of water. Slowly and loudly. Channel your inner Lord Vader, not your inner Woody Allen, okay? That’s what I say all the time.”
Daryan told the judge, “it’s the price of a West Indies accent.” Kontz replied, “I understand. And also the price of a Woody Allen accent of being New Yorkers. Take your time. This is very important. Go ahead.”
Daryan said between 2005 and 2011, within the Southern District of Florida, “I agreed with others to purchase tickets to the 2006 and 2010 FIFA World Cup and resell at a substantial profit. In 2006, I purchased the tickets directly from FIFA and I misled FIFA to believe that my partner in reselling the tickets was not involved in the transaction because I believed that FIFA would not have sold them to me had he been involved.
“In 2010, I purchased tickets from others in order to mislead FIFA to believe that I was not receiving tickets, because I believed that FIFA would no longer sell tickets directly to me. In furtherance of this agreement, I sent and received emails across state and international lines. In between 2005 and 2011, within the Southern District of Florida and elsewhere, I agreed with others to complete wire transfers from the United States to and from a place outside of the United States to further the previously-mentioned fraud to resell tickets to the 2007 and 2010 World Cups.”
Addressing the charge of structuring funds, Daryan said, “in between July 2011 and December 2011, in Queens, New York and other places, I deposited cash into domestic banks in amounts less than US$10,000 to avoid the banks filing the requisite reports for cash deposits in excess of US$10,000 I was aware that the banks was obligated to report currency transactions in excess of US$10,000 and I made the deposits in smaller amounts to evade this requirement. I made the deposits and violated the law as part of a pattern of illegal activity.”
Kontz stopped him and asked, “I made the deposits as part of a pattern of illegality. Is that what you said, sir?”
Daryan replied, “Yes, Your Honour.” He continued, “involving more than US$100,000 within the July 2011 to December 2011 period.”
Daryan and Daryll face maximum terms of incarceration of ten years for structuring financial transactions to evade currency reporting requirements. Each individual defendant also faces mandatory restitution, forfeiture and a fine. By the terms of their plea agreements, the corporate defendants face fines of US$500,000 and one year of probation.
