BUSINESSMAN Steve Ferguson has refused to provide his financial information in the multi-million dollar RICO case in Miami as TT seeks to recover US$131 million arising out of the Piarco International Airport expansion project decades ago.
Ferguson has maintained his Fifth Amendment right against self-incrimination to all but two of the questions on a fact information sheet (Florida Rule of Civil Procedure Form 1.977).
On May 15, Miami Circuit Court judge Reemeberto Diaz entered final judgment for TT in the racketeering case against Ferguson, former UNC minister Brian Kuei Tung and US businessman Raul Guitierrez Jr for US$131,318,840.47.
The final judgment followed a jury's verdict in March which led to TT getting triple the damages it sought under US Racketeering Influenced and Corrupt Organisations (RICO) law.
The Miami jury found Ferguson liable for multiple claims arising from the fraud linked to the redevelopment of the Piarco International Airport in the late 1990s and early 2000s,
Kuei Tung, a former minister of finance under the Basdeo Panday administration, and Gutierrez, the former principal of Calmaquip Engineering Corporation - which provided specialised equipment at the airport - were previously held liable in the racketeering case.
A Florida fact information sheet (Form 1.977 ) is a sworn financial affidavit a judgment debtor must fill out and send to the creditor after final judgment is entered and covers assets of both the debtor and their spouse. This forms part of the discovery process as the creditor pursues recovery of the court's award.
In his fact information sheet, Ferguson gave his name, a Diego Martin address, and a telephone number.
On all other questions relating to his employment, pay, marital status, date of birth and those of his spouse, Ferguson invoked his right to 'respectfully decline to provide responses' to the information sought on the fact sheet. He cited the US and TT Constitutions.
On September 11, TT filed an amended motion to compel Ferguson to respond to Form 1.977 after the businessman insisted in his response on August 29, that he was asserting his Fifth Amendment rights 'regarding all questions on Form 1.977.'
Kuei Tung's Form 1.977 was filed on August 30. In it, he gave a Fort Lauderdale address, a social security number, and his date of birth. He did not provide his employment or pay details and has 'separated as his marital status. He also provided his 'spouse's' address in Moka, Maraval and a date of birth but no pay information.
The Fort Lauderdale address was supplied as real estate he owned. The form says he does not owe anyone and had no last pay stub, financial statements or lists of assets and liabilities for the last three years.
Guiterrez provided a Coral Gables address, his job, monthly salary, personal income, banking information, his wife's name, and a blue Mercedes-Benz.
Ferguson maintained his responses to the fact sheet were 'lawful and appropriate.'
'As the court knows and as (TT) repeatedly asserted at trial, Mr Fergu
