Attorneys for Cy Tokmakjian, the 74-year old Canadian businessman who was recently handed a 15-year prison sentence (after being held for 2-years without "trial") by the Castro regime, have released a series of documents that counter the trumped-up charges he faced.
According to Tokmakjian's attorneys:
a) What the [Cuban] Court considers as "illicit economic activity" not only is a generally accepted international business practice, but is also contemplated as a legal activity in the Cuban Court of Commerce, such as the discount of bills of exchange or the endorsement of letters of credit.
b) According to independent expert reports, there are no legal grounds to establish a criminal offence for tax evasion when neither a tax determination nor a tax payment request have been made as mandated by Cuban criminal laws of tax evasion. Furthermore, the court decision ignores the Double Taxation Agreement in force between Cuba and Barbados.
c) It was proven in court that courtesies/client attention were really simple, low level and inexpensive gestures that weren't meant to, nor did they result in any favors or benefits to Tokmakjian. Furthermore, there is no possibility for bribery in the case of Cy Tokmakjian given the strong control by the Cuban authorities of all economic activities. This control is translated into a complex and detailed authorization process. No import or supply by Tokmakjian companies was possible without the express prior approval by the highest Cuban authorities including the Central Bank of Cuba.
Tokmakjian's attorneys are correct.
However, as we've said all along, why didn't they think about this (or care) while they were profiting from Castro's dictatorship (and the repression of the Cuban people).
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