Integrity Commission recommends illicit enrichment charge against Andrew Wheatley

The Integrity Commission has recommended that Member of Parliament for St Catherine South Central, Andrew Wheatley, be charged with illicit enrichment after investigators concluded that he possessed approximately JMD$164 million in assets disproportionate to his lawful earnings and failed to provide a satisfactory explanation for the discrepancy.

The recommendation is contained in an investigation report tabled in Parliament on Wednesday, which examined Wheatley's statutory declarations between 2010 and 2022 and reviewed his financial affairs over a 10-year period.

According to the report, investigators found that Wheatley acquired or owned assets between 2013 and 2022 that could not be reconciled with his known lawful sources of income. The report concluded that the unexplained disparity amounted to approximately $164 million.

"The DI concludes that Dr Wheatley acquired/owns assets disproportionate to his lawful earnings [during the] relevant period (2013 to 2022) in the amount of approximately one hundred and sixty-four million dollars ($164,000,000), and when given the opportunity to provide an explanation as to how he came by said assets, he failed to provide a satisfactory explanation," the report stated.

The investigation also found that Wheatley failed to fully comply with requests for information from the Integrity Commission and omitted assets and liabilities from statutory declarations filed with the commission. Investigators concluded that some of those omissions related to declarations submitted in 2013, 2014, 2015 and 2021.

Among other findings, the report said Wheatley failed to disclose at least five loans, an investment in a company in which he was both a director and shareholder, and full particulars relating to a number of properties.

Investigators also examined approximately $595 million in deposits made to four personal bank accounts held by Wheatley and found that roughly $168 million remained unexplained after accounting for deposits that were verified or satisfactorily explained.

The report further raised concerns about tax compliance, noting that Wheatley filed nil tax returns for 2011 and 2012 in relation to Western Medical despite evidence that the business was operating during that period and, according to his own evidence, earned up to approximately $26 million. Investigators also flagged concerns regarding his personal income tax filings.

Based on its findings, the Integrity Commission's Director of Investigation recommended that the matter be referred to the Director of Corruption Prosecution for consideration of charges relating to illicit enrichment, false declarations and failure to provide information.

Wheatley rejects findings

Wheatley, who serves as minister without portfolio in the Office of the Prime Minister with responsibility for science, technology and special projects, has rejected the commission's findings, describing them as "patently false, inaccurate and grossly misleading."

In a statement issued after the report was tabled in Parliament, Wheatley argued that investigators failed to take into account approximately $168 million in rental income that he said he lawfully accumulated and declared over the nine-year period under review.

"I strongly and categorically reject as patently false, grossly misleading and inaccurate the allegations by the Director of Investigations," Wheatley said.

"I intend to read the report in full but from a cursory review subsequent to its tabling this afternoon, I must indicate that it is odd, unreasonable and unfair that in arriving at his conclusion, the Director of Investigations clearly decided not to take into account approximately $168 million in rental income which I lawfully accumulated and declared over the nine years," he added.

Wheatley also contended that investigators failed to consider lawful and verifiable payment sources used to repay approximately $50 million in loans obtained from financial institutions for his real estate business.

"This facilitated the Director of Investigations being able to arrive at the allegation of illicit enrichment of $164 million over the nine years," he said.

According to Wheatley, the Integrity Commission was provided with lease agreements and bank account documentation showing deposits of the rental income. He argued that if additional evidence was required, investigators should have requested it.

"If he required further evidence that this money was lawful rental income, he could have but did not request, what further evidence he required. In arriving at conclusions without first seeking further evidence, I find it to be unreasonable and unfair especially as I was cooperating with the investigation," he said.

The minister also addressed the commission's allegation that he received six apartments that were declared as gifts. He said the properties formed part of a joint venture development in which an initial 50-50 ownership arrangement with a business partner was later revised to a 70-30 split after he was unable to meet his financial obligations.

According to Wheatley, he managed the construction and negotiated credit, and his 30 percent share of the development equated to the proceeds from the sale of six units. Rather than taking cash, he chose to receive the properties.

He said the attorneys handling the joint venture prepared the transfer documents indicating the properties were gifts, adding that such an arrangement is not unusual in the real estate industry.

Wheatley stressed that the Integrity Commission had made no allegation that he unlawfully benefited from public funds and said he had instructed his attorneys to vigorously contest the commission's conclusions.

"I wish to assure this House and my fellow countrymen and women, that I am in a position to provide supporting evidence that I have lawfully acquired every dollar and every asset that I own," he said. "I intend to defend my reputation via the Court and am confident of a positive outcome."