A law firm embroiled in the Anna Nicole Smith residency controversy denied last night that it had acted improperly or withheld important information about a house deal which formed the basis of the cover girl's fast-tracked application.
And it claimed that Immigration Minister Shane Gibson DID receive the $10,000 cheque to facilitate her residency application at her new home, Horizons on the Eastern Road.
A letter from Callenders to the Bahamas Immigration Department was released to The Tribune by Mr Ben Thompson, an exboyfriend of the former reality star who says he owns the $950,000 property in question. Callenders & Co are his lawyers.
Mr Thompson has stated that he entered a credit deal with the former Playboy playmate, but that he had received no money from her. He had therefore asked her to leave his property.
The letter not only says the firm's dealings were all above board, and that it believed Ms Smith was entering into a mortgage arrangement with Mr Thompson, it also reveals how one of its attorneys was told to deliver the cheque immediately to Mr Gibson at Ms Smith's home. The cheque was made out to the Public Treasury.
[Bahamas B2B Note: ﾠHold it a minute! ﾠA mortgage 'arrangement' is not the same as a mortgage. Anna Nicole Smith didn't 'own' the home when the immigration papers were filed and the Callenders law firm knew that. ﾠIn our opinion, that makes the law firm as guilty as anyone in this apparent immigration fraud.]
The shock disclosures rebut Mr Gibson's firm denial that he received the cheque and adds fuel to what now looks like being a major conflagration over the Anne Nicole Smith affair.
On September 26, The Tribune reported Mr Gibson's outright denial that he received the cheque. He described the claim was "a vicious lie" that was "spread in wickedness" by the FNM.
However, Callenders' letter to immigration Director Vernon Burows states categorically that the cheque was delivered personally to Mr Gibson at Horizons by attorney Tracy Ferguson at Ms Smith's personal request.
Mr Thompson's release of the law firm's letter coincided with another crucial disclosure – that Ms Smith's application for residency was fast-tracked in a little over a month, not the three months alleged by Mr Gibson.
Her application was made on Friday, August 11, and Ms Smith herself called Callenders to say residency had been granted on September 20, although the firm itself had received no official notification from Immigration.
Callenders' decision to outline the full background to the residency scandal came after Immigration Department letters were leaked yesterday revealing the firm's role in the application process.
In its letter to the department on August 11, Callenders described Ms Smith, also known as Vickie Lynn Marshall, as "a high end or high worth celebrity" who had recently had bought a B$1 million home on Eastern Road "which she is currently renovating."
It went on to say she intended to – permanently reside" in the Bahamas and was considering "other possible investment opportunities" which would also be "in the region of B$1 million."
The leaked documents also included a character reference from Mr Thompson supporting Ms Smith's residency application.
"I have known Vickie for several years on a personal and business level. I find her to be a kind, generous and caring person. She is undoubtedly one of the most loving people that I have ever met," he said.
"The business dealings I have had with her have always been fair, honest and of the highest integrity. Many of our dealings were based only on a handshake."
However, Mr Thompson is now claiming that he provided money to buy Horizons on the understanding it would be repaid. He denied Ms Smith's claim – later withdrawn – that the property was a gift.
According to Callenders, their statement that Ms Smith was buying the property was not false because she had promised to execute a mortgage to cover funds provided by Mr Thompson. "We did not refer to the mortgage as there appeared to be no reason to do so," the firm said.
[Bahamas B2B Note: ﾠWhat a crock! This is outrageous! If this law firm doesn't know the difference between a 'promise' and a 'mortage', they should all be disbarred.]
"Following the grant of permanent residence we continually pressed Ms Marshall to execute a mortgage in favour of Mr Thompson as she had previously agreed to do. We had not done so earlier because of the birth of her child and the tragic death of her son, Daniel Smith.
"Ms Marshall, after having previously agreed to execute the mortgage, subsequently refused to do so, claiming that it was a gift by Mr Thompson.
"Subsequently, Ms Marshall accepted that the property was not a gift by Mr Thompson to her and we are in possession of correspondence from Ms Marshall to Mr Thompson confirming that she had agreed to make payments to him for acquisition of the home."
The firm added that Mr Thompson had now asked her to vacate the house and it was understood she was in the process of doing so.
Meanwhile, Mr Thompson has asked the vendors to execute a new deed in his favour, which they have done.
Callenders add in their letter: "We are disturbed by any inference that we deceived the Department of Immigration into the grant of a certificate of permanent residence or concealed relevant information.
"You will appreciate we were fully aware of the close relationship between Minister Gibson and Ms Marshall and the subject of the application for permanent residence was a matter of regular discussion between Ms Marshall and Minister Gibson.
[Bahamas B2B Note: ﾠSo, the law firm knew that Mr. Gibson has lied to the public, yet they refused to do the honourable thing, and come clean, until AFTER letters were leaked to the Tribune. Shame on Callenders!]
"You would appreciate that Ms Marshall communicated with Minister Gibson on his cellular phone and he was a regular visitor to Ms Marshall both at her home, Horizons, and whilst she was in hospital.
"It was our belief that if the Department of Immigration required further details of the circumstances surrounding the acquisition of the home and whether it was the subject of a mortgage, it would seek such further information. No such request was made by the Department of Immigration."
[Bahamas B2B Note: Again, this is outrageous! This is a lame excuse for hiding information from the Immigration department. In our opinion, this law firm has acted criminally and needs to be dealt with accordingly.]
Callenders say they immediately notified the department of Ms Smith's failure to execute the mortgage and that the firm had been instructed to vest title in the name of Mr Thompson.
"We did so prior to the receipt of your letter this morning or the article which appeared in this morning's Tribune. It was never our intention to mislead or deceive the Department of Immigration."
In respect of Ms Smith's phone call saying she had been granted residency, the firm said she requested the $10,000 to be delivered to Horizons "immediately" as Mr Gibson "needed the cheque." She said it should be made out to the Public Treasury.
"We were advised that Minister Gibson would be present at Horizons at 7:00pm that evening to receive the cheque. We were a bit surprised as we had not yet received any letter from your department advising us that the application had been considered and approved."
That evening, Ms Ferguson went to Horizons on behalf of Callenders and delivered the cheque personally to Mr Gibson, as directed by Ms Smith.
In its background to the case, Callenders said because of the imminent birth of Ms Smith's child, Mr Thompson agreed to a conveyance in her name so long as a mortgage was executed to cover the $950,000 purchase price.
This would enable her to move into a house immediately after the birth and save her the stress of looking for a home in the last stages of pregnancy. Mrs Smith had agreed to this arrangement.
Last night, The Tribune was told that Ms Smith had moved from Horizons to Nygard Cay, the home of Canadian fashion tycoon Peter Nygard.
Fast Track Timeline
Anna Nicole Smith's application for residency went through in quick time. Here, according to The Tribune's sources, is how it happened.
August 12: application went to the Immigration Department. It did not include a property conveyance. Agreement for sale was with Ben Thompson, who said Ms Smith could take the conveyance so long as she executed a mortgage to cover the cost.
The conveyance was taken in Ms Smith's name. It was not stamped or recorded, but was completed in escrow, with Ms Smith agreeing to execute the mortgage in Mr Thompson's name.
August 13: a day after the application is made, a Mr Dwight Beneby of Immigration calls Callenders to arrange an interview with Ms Smith at her home. This was because she was in the advanced stages of pregnancy.
The interview took place the following business day attended by Ms Smith and Ms Ferguson of Callenders.
September 20: Ms Smith calls Callenders to say Mr Gibson (not Immigration) had granted the residency permit. Ms Smith told them they must bring the cheque for $10,000 as Mr Gibson was at the house and was going to Freeport. Ms Ferguson goes to the house with the cheque. Howard K Stern (Ms Smith's lawyer and boyfriend), Mr Gibson and Ms Smith are there. Ms Ferguson gives the cheque to Mr Gibson.
Immigration official says cheque was retrieved from Mr Gibson's office.
After receiving residency approval, Ms Smith refuses to execute the mortgage. Mr Thompson cancels the conveyance for breach of the escrow. Conveyance is re-executed in favour of Mr Thompson.
October 24: Mr Thompson applies to Ministry of Financial Services and Investments for certificate of registration. Letter explained that Ms Smith had breached the escrow – copy sent to Immigration.
Source: The Tribune
