By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The “iconic” status of a fugitive ex-Supreme Court judge among Bahamian attorneys created an “enormous challenge” for the receiver charged with seizing his local assets when it came to securing legal representation.

Darron Cash, the former Free National Movement (FNM) chairman and Senator, who is the Supreme Court-appointed receiver for assets identified as owned by Elliott Lockhart KC, disclosed that his initial “embarrassment of riches” in terms of attorneys available to represent him swiftly shrank due to the “long-standing relationships” many held with the ex-MP and possible “conflicts” if they accepted the assignment.

Mr Cash, in a September 29, 2025, update to the Supreme Court on his progress in identifying, securing and auctioning-off Mr Lockhart’s assets to recover sums owed to his victims and creditors, asserted that “no core element of my work… was impeded” by the lengthy search for legal representation although he described it as an “undesirable period of delay”.

He added that he had “reached a pivotal stage” in the receivership and was set to seek the Supreme Court’s approval for “the sale of three major properties” formerly owned by Mr Lockhart. These were not identified in the update sent to Justice Darron Ellis, and well-placed sources - speaking on condition of anonymity - said it was unclear whether the necessary approvals had been granted, sales completed and proceeds received.

However, Tribune Business previously reported that, in late April 2025, Mr Cash advertised and sought offers on the former offices of Lockhart & Company, Mr Lockhart’s former law firm, located at 35 Buen Retiro Road off Shirley Street. Then, in July, he marketed Goat Cay, a ten-acre undeveloped private island in the Exumas, for sale in a bid to recover the millions of dollars owed to Mr Lockhart’s victims and creditors.

Other assets that could have been targeted include the former judge and MP’s personal residence, with a last known address listed as 67 Ocean Drive, Adelaide Village. Mr Cash, more recently, also advertised for sale a condominium at the Pilot House on East Bay Street plus a residential property located in Sea Breeze, although this occurred after his end-September letter. Coldwell Banker Lightbourn Realty is handling the latter two properties.

Mr Lockhart is now also being pursued by US federal law enforcement after he was charged with perpetrating a $3.568m fraud against former clients, and Mr Cash said he is dealing with “myriad tangential” issues due to the scale of the receivership including competing property rights claims. He added that he has finally secured legal representation through attorney Paula Adderley-Wilmott.

“I experienced an undesirable period of delay in engaging counsel. This was due to two reasons - “unwillingness” of counsel and “unavailability” of counsel to prioritise this matter within the timeframe I desired,” the ex-FNM chairman and senator explained.

“I am pleased to advise the court that in selecting counsel to represent the receiver in this matter I faced an embarrassment of riches; a fair number of senior attorneys had the requisite experience to serve the interests of justice in this matter.

“Regrettably, having regard to KC Lockhart’s iconic stature in the legal community and his long standing at the Bar, several attorneys contacted took the requested time ‘to think about it’ but ultimately demurred on the basis of long-standing relationships with KC Lockhart or on account of perceived conflict.”

Mr Cash then added: “As I moved up the list of options for counsel, the second issue involved availability (time). I commenced this appointment with the clear understanding that the judgment creditors have been out of funds for a long time and that the court was desirous of my giving effect to its Order within the fastest time possible while doing justice to the interests of all parties concerned.

“My challenge then became finding counsel whose diary afforded them the ability to move at the fast pace I desired in order to complete the sales of properties enumerated in the Order within the letter and spirit of the Order. Suffice it to say that that proved to be an enormous challenge.”

But, with Mrs Adderley-Wilmott now secured as his attorney, Mr Cash added: “I hasten to add that while the efforts to engage suitable and available counsel were ongoing, no core element of my work as receiver - and work that was essential to properly instructing counsel - was impeded. The work continued apace. It is that work that brings me as receiver to this critical juncture.”

The Supreme Court previously approved a ‘fieri facias’ application brought on behalf of US investor, Dr Paul Fuchs, which authorises officials to seize assets from persons who fail to pay court judgments.

Dr Fuchs is asserting that Mr Lockhart owes him $3.033m over a real estate deal that fell through. Following an October 11, 2023, hearing, the Supreme Court ordered that Mr Lockhart and Lockhart & Co were “jointly and severally liable” to return the $3.033m to Dr Fuchs.

Interest was to be added at an annual rate of three percent from September 8, 2023, and this subsequently rose to 6.25 percent per annum until full payment. Mr Cash was subsequently appointed as receiver over Mr Lockhart’s identified assets in The Bahamas in a bid to recover what is owed to Dr Fuchs and others.

Meanwhile, hinting at progress, Mr Cash told the Supreme Court in his September 29, 2025, letter that he anticipated making applications, and seeking directions, for “the sale of three of the major properties” identified in the court’s Order “within weeks”. He added: “I have now reached a pivotal stage in the performance of my duties under the Order.

“Within the next two to three weeks (or sooner) my counsel will seek to put before the court for its consideration and approval the necessary information related to the sale of three of the major properties listed in the Order… My work as receiver is ongoing, but with respect to the sale of these three properties, virtually all that I can do has been done to facilitate timely and full consideration of these matters by the court.”

Mr Cash continued: “Respectfully, I am also compelled to advise the court that I am at a crucial stage where significant financial resources have been expended and are yet again required to underwrite the costs of providing vacant possession of one of the properties that will be put before the court, and for site preparation, forthcoming contentious legal work and accounting work required for sale of additional properties.

“Approval of the sales applications will be essential for efficient and effective continuation of the receiver’s work.” Mr Cash, detailing the issues he was encountering, said these included the rights of nominee and minority shareholders as well as requests from Mr Lockhart’s former clients and other attorneys for legal files to be passed over to them.

“Given the multiplicity of companies and properties involved, myriad issues have arisen, albeit all tangential, I say, to the duty of giving effect to the Order,” the receiver added.

“These issues, at least one of which has already resulted in a parallel legal action presently before another justice of the Supreme Court, involve matters of competing claims of property rights, rights of nominee and minority shareholders and matters touching on various aspects of the Companies Act.

“I also wish to preview for his Lordship a forthcoming application relevant to the Legal Profession Act. I have received multiple requests from individuals and an attorney who wish to have files returned to them or to have documents from within the files turned over to them,” Mr Cash continued.

“My entreaties to the Bahamas Bar Association - which has authority to act in accordance with the Legal Profession Act - requesting guidance have not yet resulted in a formal response.” Mr Lockhart’s whereabouts are currently unknown, with some sources saying he is still in The Bahamas and others suggesting he may have fled abroad.

Back in June 2024, Mr Lockhart was the subject of an Interpol ‘red notice’, which is a worldwide alert issued to all law enforcement authorities, asking them to help locate, and provisionally arrest, the former MP and ex-Supreme Court judge who was once chairman of Nassau Flight Services, the Gaming Board and the Police Inspectorate.

Prior to the Interpol action, the Royal Bahamas Police Force in early 2024 had issued a ‘wanted poster’ for Mr Lockhart after Dr Fuchs lodged a criminal complaint against him. The Interpol action also revealed that other aggrieved investors were making similar allegations to those asserted by Dr Fuchs.

Daniel Clay Smith Jnr was revealed to have made a separate but similar complaint to the police force’s Financial Crimes Investigation Branch on August 18, 2023. He alleged that, between May 2022 and November 2022, he paid some $3.205m to Mr Lockhart and his law firm to assist with Crown Land on Staniel Cay, Exuma, that he wanted to convert to commercial use.

“In addition, some of the funds were to assist in applying to The Bahamas’ Immigration Department for citizenship (likely permanent residency) for Mr Smith and his family,” the Interpol alert alleged. “By November 2022, nothing had materialised and Mr Smith requested his monies to be returned...The funds have not been received to date.”

Mr Lockhart was then indicted on May 15, 2025, by a US federal grand jury for wire fraud and the alleged “misappropriation” of investor monies. It accused him of using investor monies intended to finance real estate acquisitions in The Bahamas for the “personal enrichment” of himself and Patricia Bullard, the interim administration director for his now-former law firm. She has also been charged.

The duo, instead of using the funds as designed, allegedly diverted them to purchase two residential properties in Orlando, high-end watches and a gold bracelet for their own gain. They sent $525,151 towards the purchase of one property just a single day after receiving almost exactly the same amount from the victim, who thought the monies were being applied to his Bahamas property deals.

Court documents reviewed by Tribune Business confirm a live arrest warrant has been issued for Mr Lockhart, with the details now entered in the US National Crime Information Centre (NCIC) base. This means he is a fugitive from US justice.