Prosecuting persons who imported vehicles under the remigrant scam might end up getting tangled in the court system while the government does not receive a penny.
A source in the Guyana Revenue Authority (GRA) says it makes more sense for the GRA to try and recover the revenue rather than confiscate the vehicles, a process that has to go through the courts. The source says the GRA would have to get a court order and wait for the case to be decided; and if the importer wins the case then the GRA would have to return the vehicle to the owner, who could then claim for damage to property and wrongful detention of property. The source also clarified that the GRA could not impose penalties and collect taxes on the vehicles.
The source says the government stands to gain more if the persons are allowed to pay the outstanding duty and taxes, rather than the court-enforced fines.
And starting today the GRA will decide the fate of those persons involved in the duty-free scam on a case-by-case basis when they turn up to pay the duty and taxes for the vehicles they imported.
Yesterday marked the end of an amnesty from prosecution as declared by Commissioner-General Khurshid Sattaur last week. Sattaur had announced the amnesty last Monday, saying that the persons named in the investigation had one week within which to come forward with their vehicles and documentation and pay the duty and taxes owed on the vehicles, many of which are SUVs and other luxury vehicles.
But Stabroek News understands that the persons spared prosecution under the Customs Act can still be liable for criminal prosecution for forgery in obtaining the duty-free letters.
The source in the GRA said yesterday that the authority wants to hear the reason why persons were not able to come in to make the payments earlier.
Sattaur was reluctant yesterday to say how many persons have so far taken up the amnesty offer.
The source told Stabroek News that some of the persons went into the GRA but left without giving their statements.
The police said so far no charges have been laid against anyone but the investigation was ongoing. They said they are still collecting statements and that documents have been turned over to them. They claimed no association with the amnesty that Sattaur had announced. A source close to the police said the amnesty for the remigrants in the scam might have legal implications.
Four persons have been interdicted from duty from the mnistries of Finance and Foreign Affairs. Among them is Secretary to the Treasury Neermal Rekha, who was sent on leave last Monday.