Senator: Dynasty’s $75M fine keeps investors away
Senate President Francisco M. Borja (Ind-Tinian) blames the $75-million fine slapped by a federal agency on the Tinian Dynasty Hotel & Casino for driving away potential investors.
Borja said the $75-million fine imposed by U.S. Department of the Treasury’s Financial Crimes Enforcement Network, commonly known as FinCEN, keeps investors away from taking over Tinian Dynasty.
Last year, FinCEN found out that Dynasty owner Hong Kong Entertainment (Overseas) Investors failed to implement an anti-money laundering program that would have kept the company in compliance with the U.S. Bank Secrecy Act.
Tinian Dynasty remains closed after ceasing operations early this year.
Borja added the Dynasty has also become a liability for Tinian.
“The Dynasty remains closed but there’s a developer that wishes to take over the operations but FinCEN is the problem. I don’t think a developer would want to come in and pay $75 million [in fines],” said Borja.
He said any investor would shy away from the deal, thinking why would they pay the huge fine that was not their doing. “That’s what holding them back. It is somebody else’s problem.”
Borja said the investor even negotiated with FinCEN to lower the fine but the federal agency is not budging an inch. “They [FinCEN] maintain their position that if [you] want to take over and invest [you] should pay the $75 million fine.”
“The liability attached to Dynasty is the main concern and problem. [Another of] our concern, with the Dynasty remaining closed is the facilities are becoming dilapidated. It would be costly renovating or improving it,” he added.
Borja said the Tinian leadership and the Tinian Casino Gaming Control Commission are trying to find other ways to make the facility useful again or have new investors—either an individual or a group—come in and take over the operations.
“It would be a lot sooner to have somebody take over and run it. I’m optimistic the leadership would address it and find some solution, I think we’re going to see the Dynasty reopening.”
There are a couple more projects being developed on Tinian, one of which is the Alter City Group’s multibillion-dollar hotel resort and golf course. Bridge Investment Group is another investor that plans to build two hotels and in the process wants to reopen the inter-island ferry between Tinian and Saipan.
“There are still ongoing projects. I’ve heard that Alter City just got their notice and permits completed. [Department of Public Lands] still has some concerns, but I think they are still meeting with DPL officials to clear things up before they begin construction,” said Borja.
We can’t have it both ways. Try to go against Uncle Sam and at the same time try to ask for its help. I assumed the Dynasty had reach the point of no return and it would the thing of the past.
Just dissolve the company and sell the building to a new company. The fine goes with the company not the property.
Generally, this means you can’t sell or otherwise get rid of the property without first paying off the fine. Under the federal law, the lien stays in effect until it’s paid.
According to other published reports, there are other court imposed awards against the Dynasty, such as those involved in the small plane crash years ago and also wages etc.
It would have been assumed that insurance would have paid the plane cash case but the Judge ordered that monies out of Dynasty bank account be siezed (which was only about $500 left) so I would assume there is no insurance, which thn goes back to the Govt. and especially the Tinian Gameing Comm. as to WHY not?