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Sunday, May 4, 2025

Au­dit un­cov­ers lack of ac­count­abil­i­ty by na­tion­al pan body

Missing invoices,
no formal contracts

by

Mark Bassant
1995 days ago
20191117

Part 2

Close to $ 4 mil­lion was paid out by Pan Trin­ba­go to FCL Fi­nan­cial Ltd and its CEO Daniel Lam­bert over a three-year pe­ri­od with bare­ly any pa­per trail found by au­di­tors to jus­ti­fy these mam­moth pay­ments or any sem­blance of a for­mal agree­ment.

An au­dit re­port by Ernst and Young raised fur­ther ques­tions over Pan Trin­ba­go’s han­dling of its fi­nances un­der the for­mer pres­i­dent Kei­th Di­az and oth­er Cen­tral Ex­ec­u­tive Com­mit­tee (CEC) mem­bers be­tween the pe­ri­od 2013-2016.

Dur­ing an in­ter­view with Ernst and Young in De­cem­ber 2017, Lam­bert said his com­pa­ny had been en­gaged to look at the plat­form in which Pan Trin­ba­go op­er­at­ed and to as­sist the or­gan­i­sa­tion in mov­ing from an in­for­mal to a for­mal struc­ture.

The com­pa­ny was al­so en­gaged as a strat­e­gy con­sul­tant, to pro­vide a va­ri­ety of man­age­ment con­sul­tan­cy ser­vices with the aim of com­mer­cial­is­ing Panora­ma (and steel­pan in gen­er­al) and gen­er­at­ing ad­di­tion­al rev­enue.

What Ernst and Young found was over the 2012-2013 pe­ri­od, Pan Trin­ba­go en­tered in­to six man­age­ment con­sul­tan­cy con­tracts with FCL—but from the ta­ble they drew up, they were on­ly able to lo­cate for­mal CEC ap­proval for two of the six con­tracts.

Ernst and Young dug deep­er and pe­rused the CEC meet­ing min­utes in which they no­ticed on No­vem­ber 1, 2012, a pro­pos­al from FCL Fi­nan­cial to pro­vide ser­vices to Pan Trin­ba­go for the pe­ri­od Ju­ly 2012 to June 2013 were dis­cussed, “but a de­ci­sion was not tak­en.”

The not­ed that on No­vem­ber 16, 2012 (four months af­ter the ac­tu­al con­tract date), two agree­ments were pre­sent­ed to the CEC to en­gage FCL as Pan Trin­ba­go’s con­sul­tants and “all in the meet­ing were in agree­ment.”

No ev­i­dence of $m

con­trac­tu­al agree­ments

What Ernst and Young con­clud­ed was, “There was no ev­i­dence to sug­gest that the sub­se­quent four con­trac­tu­al agree­ments be­tween FCL and Pan Trin­ba­go were dis­cussed and ap­proved by the CEC. We did, how­ev­er, note, the CEC meet­ing min­utes dat­ed Ju­ly 11, 2013, stat­ed:

“On the mat­ter of Fi­nan­cial Ser­vices of­fered by FCL Fi­nan­cial Lim­it­ed, the meet­ing agreed in prin­ci­ple.”

The Ernst and Young au­di­tors said there was no fur­ther dis­cus­sion about this in the meet­ing min­utes and as such, they were un­able to “con­firm what ser­vice of­fer­ings or con­trac­tu­al pe­ri­ods this state­ment re­lates to.” There was al­so no proof pro­vid­ed to al­so in­di­cate that FCL Fi­nan­cial Lim­it­ed had been hired to al­so pro­vide “non-con­trac­tu­al ser­vices.”

The to­tal pay­ments paid to FCL be­tween 2013 and 2016 were ap­prox­i­mate­ly TT$3,767,157 based on the gen­er­al ledger in­for­ma­tion pro­vid­ed ac­cord­ing to Ernst and Young.

How­ev­er, they found that cheque vouch­ers for TT$280,000 of this amount were not seen.

The Ernst and Young au­di­tors be­lieved “FCL in­voic­es/pay­ments may have been post­ed in­to oth­er ac­counts and not pro­vid­ed to Ernst and Young for re­view.”

Mil­lions owed to
Panora­ma play­ers

But Pan Trin­ba­go’s glar­ing mis­man­age­ment of funds or their in­abil­i­ty to ac­count for funds giv­en for oth­er ven­tures did not end there.

The on­go­ing fi­as­co by pan play­ers to col­lect their re­mit­tance for more than three years was al­so the sub­ject of the Ernst and Young au­dit re­port.

Un­der the head­ing gov­ern­ment grant/bud­get­ing Ernst and Young men­tioned the al­lo­ca­tion of gov­ern­ment grants al­lo­cat­ed main­ly for Panora­ma to pay as­sis­tance fees, ap­pear­ance fees, trans­porta­tion, prize mon­ey and play­er’s re­mit­tance with 10 per cent ap­pear­ance fees and prize mon­ey be­ing de­duct­ed by Pan Trin­ba­go for ad­min­is­tra­tion and oth­er op­er­a­tional ex­pens­es.

Ernst and Young was of the opin­ion due to the lack of doc­u­men­ta­tion pro­vid­ed by Pan Trin­ba­go, “we were un­able to con­firm if all gov­ern­ment grant fund­ing was ac­tu­al­ly used for its in­tend­ed pur­pose, as we not­ed that at the end of 2016, TT$7.8m was ac­crued for out­stand­ing Panora­ma Play­ers Re­mit­tance 2016 and TT$354,905 for Panora­ma 2016 ap­pear­ance fees.”

Fur­ther, Ernst and Young dis­cov­ered that ad­vanced pay­ments were al­so made by NCC to Pan Trin­ba­go, but re­alised that the pay­ment in­tend­ed to ad­dress pan play­ers in the East­ern re­gion had not been ho­n­oured.

“We not­ed a let­ter from the NCC to Pan Trin­ba­go, dat­ed Jan­u­ary 3, 2017, for an ad­vance pay­ment of TT$2,405,000. The let­ter stat­ed that the pur­pose of the pay­ment was: “Dis­burse­ment to Pan Trin­ba­go-East­ern Re­gion pan play­ers out­stand­ing re­mit­tance for 2016.”

The let­ter fur­ther ad­vised: “The amount would be de­duct­ed from the al­lo­ca­tion for 2017 Panora­ma/Tick­et rev­enue.”

Ernst and Young con­clud­ed in their re­port, “Based on this let­ter, it ap­pears that the East­ern Re­gion pan play­ers did not re­ceive their play­er’s re­mit­tance on time, ie in Sep­tem­ber/Oc­to­ber 2016. We were un­able to ver­i­fy why the as­so­ci­a­tion’s 2016 dis­burse­ments were not utilised to pay the East­ern Re­gion, pan play­ers.”

Ernst and Young no­ticed that Pan Trin­ba­go’s re­quest for funds from the Min­istry of Com­mu­ni­ty De­vel­op­ment, Cul­ture and the Arts and the Na­tion­al Car­ni­val Com­mis­sion (NCC) were sig­nif­i­cant­ly less than what they had asked for and so they opt­ed to un­der­take var­i­ous types of short-term fund­ing in an at­tempt to cov­er the short­fall.

Loans with­out con­se­quences

The idea of short-term fund­ing and loans al­so left Pan Trin­ba­go in a pick­le.

The as­so­ci­a­tion deep in debt, ac­cessed loans from First Cit­i­zens Bank (FCB) now known as First Cit­i­zens, but many of the CEC mem­bers ei­ther seemed to be in the dark about the loans ac­cessed —or com­plied on the in­struc­tions of some­one se­nior.

Ernst and Young not­ed there was no in­di­ca­tion with­in the CEC meet­ing min­utes pro­vid­ed to sug­gest that loans that were tak­en from FCB were dis­cussed and the req­ui­site CEC ap­provals grant­ed. In fact, there was not an ounce of doc­u­ment­ed ev­i­dence, Ernst and Young said “to con­firm when the loan was tak­en, the in­ter­est rate, the re­pay­ment pe­ri­od or any oth­er terms and con­di­tions”.

Ernst and Young said that the then trea­sur­er An­drew Sal­vador and fi­nance man­ag­er An­tho­ny Mc Quilkin said the loan in 2016 was re­quired to cov­er ex­pen­di­ture in­curred at Pan is Beau­ti­ful XII held in 2015. While an­oth­er loan tak­en in 2017 was to cov­er Panora­ma ex­pen­di­ture due to re­duced fund­ing by the gov­ern­ment.

A fur­ther in­jec­tion of cash was sought when ac­cord­ing to the CEC meet­ing min­utes then-pres­i­dent Kei­th Di­az in­formed the CEC mem­bers on Ju­ly 11, 2013: “The pres­i­dent in­formed the meet­ing that the or­gan­i­sa­tion was ex­pe­ri­enc­ing some lev­el of fi­nan­cial dif­fi­cul­ty; how­ev­er, he said he met with of­fi­cials at FCB who promised to ex­tend the over­draft fa­cil­i­ty so we can meet salaries for Ju­ly 2013.”

Ernst and Young not­ed that the lim­it on the over­draft fa­cil­i­ty was not doc­u­ment­ed in those min­utes, how­ev­er, in a sub­se­quent, meet­ing with the CEC, more than a year lat­er on Oc­to­ber 6, 2014, it was stat­ed:

“The meet­ing was in­formed that the or­gan­i­sa­tion was able to ne­go­ti­ate an in­crease in the over­draft fa­cil­i­ty from the First Cit­i­zens Bank from $300,000 to $3 mil­lion.”

But Ernst and Young said the min­utes did not in­di­cate that “the CEC for­mal­ly agreed to this in­crease in the over­draft fa­cil­i­ty, or were in­formed of and con­sid­ered the po­ten­tial in­ter­est charges as­so­ci­at­ed with this fa­cil­i­ty”.

The bor­row­ing, ac­cord­ing to Ernst and Young, didn’t help Pan Trin­ba­go in the lease as the rev­enue high­lights be­tween 2013-2017 were noth­ing short of jaw-drop­ping.

Ernst and Young said: “Based on the in­for­ma­tion, to­tal rev­enue steadi­ly de­creased from 2014-2017, with an over­all de­crease of ap­prox­i­mate­ly 37 per cent over this pe­ri­od.”

Ques­tion­able

pro­cure­ment prac­tices

Pro­cure­ment is­sues were al­so ques­tion­able ac­cord­ing to Ernst and Young’s au­dit re­port.

They not­ed that there was an is­sue when it came to sign­ing for re­ceipt of in­voic­es. They iden­ti­fied that in­voic­es were not con­sis­tent­ly stamped or signed as re­ceived, and a num­ber of in­voic­es were miss­ing dates.

Ernst and Young spoke with the Sal­vador to un­der­stand the process in which he in­di­cat­ed that the in­voic­es were re­ceived by him on a dai­ly ba­sis, fol­low­ing which the in­voic­es were then sent to Di­az for his au­tho­rised sig­na­ture and lat­er for­ward­ed to the Fi­nance De­part­ment

• Con­tin­ues on Page A7

• From Page A6

with in­struc­tions on how the in­voice should be paid and then it is signed off by both the trea­sur­er and Mc Quilkin in this case.

Based on the in­voic­es ob­tained by Ernst and Young they no­ticed that there were sev­er­al in­stances of non-com­pli­ance for sev­er­al planned Pan Trin­ba­go events.

For Panora­ma 2013 close to half of the 40 in­voic­es were not stamped or signed in essence, 48 per cent were non-com­pli­ant.

In Panora­ma 2016, 25 of the 48 in­voic­es were not stamped or signed which ac­count­ed for a 52 per cent non-com­pli­ance rate.

Ernst and Young al­so found ma­jor ir­reg­u­lar­i­ties with the au­tho­ri­sa­tion of cheque pay­ment vouch­ers. They no­ticed that cheque pay­ments were not con­sis­tent­ly ap­proved be­fore the ac­tu­al cheques were paid.

The au­di­tors no­ticed that for Panora­ma 2013 “there were five in­stances where cheques were com­plet­ed and signed off pri­or to the cheque pay­ment vouch­ers be­ing dat­ed and au­tho­rised, re­sult­ing in unau­tho­rised cheque pay­ments of prize monies to­talling TT$3.5m. There were al­so two in­stances where no date was seen on the vouch­er, hence we could not con­firm whether these pay­ments were au­tho­rised pri­or to the prepa­ra­tion of the cheque.”

They al­so no­ticed a sim­i­lar trend for Panora­ma 2016. “There were five in­stances where the date record­ed on the gen­er­al ledger matched the cheque date, how­ev­er, the vouch­er was com­plet­ed a day af­ter the cheque was pre­pared. There was an­oth­er in­stance where a pay­ment was made to an in­di­vid­ual be­fore the vouch­er was pre­pared.

An­oth­er area that came un­der the au­di­tor’s scruti­ny dealt with the In­ter­na­tion­al Con­fer­ence for Panora­ma (ICP) that had been ear­li­er iden­ti­fied as one of the events that bled the as­so­ci­a­tion some TT$9.1m in loss­es.

The ICP had an over­all ex­pen­di­ture of TT$18.2m over the pe­ri­od 2014-2017.

Based on Ernst and Young analy­sis of the ex­pens­es they no­ticed there were some short­falls and ques­tion­able bank trans­ac­tions as­so­ci­at­ed with the ICP.

They not­ed: “Of the TT$18.297,600 spent, we were on­ly able to val­i­date that TT $11.5m (63 per cent) was di­rect­ly re­lat­ed to ICP re­lat­ed ex­pens­es.

They al­so dis­cov­ered that some TT$1.2m was with­drawn from the ICP bank ac­count and placed in­to Pan Trin­ba­go’s FCB fixed de­posit ac­count.

Ernst and Young said Pan Trin­ba­go’s man­age­ment said that rep­re­sent­ed a re­pay­ment to the as­so­ci­a­tion for ex­pen­di­ture in­curred in re­la­tion to the ICP pri­or to the cre­ation of the ICP bank ac­counts and re­ceipt of Gov­ern­ment fund­ing. How­ev­er, Ernst and Young said they were not pro­vid­ed with sup­port­ing doc­u­men­ta­tion to val­i­date this.

But the as­tound­ing fi­nan­cial ir­reg­u­lar­i­ties did not end there as Ernst and Young said, “Cheque pay­ment vouch­ers were not seen for over 50 pay­ments to­talling more than TT$4.7m,” and they were un­able to con­firm if these ex­pens­es were di­rect­ly re­lat­ed to the ICP.


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