–Court awards $6M worth of foreign currency he was carrying to the State
THE sum of $6M was on Friday ordered to be forfeited to the State after the Special Organised Crime Unit (SOCU) won a civil case against a man who was busted with the money hidden in cans of paint at the Springlands, Berbice crossing.
Michael Bagot, a Guyanese national, was intercepted on March 12, 2020 while coming from Suriname, and having in his possession €24, 530.00 (the equivalent of G$6M) concealed in cans of paint.
The Springlands-Berbice Crossing at reference is not the officially designated point of entry between Guyana and neighbouring Suriname.
Bagot was arrested by the police for failing to present himself to the Immigration Authorities, and to declare whatever foreign currency he had on him that was over the prescribed limit set out by the Foreign Exchange (Miscellaneous Provisions) Act, Chapter 86:01, Laws of Guyana.
Subsequent to his arrest, the SOCU approached the Supreme Court for an interim order to confiscate the sum of €24, 530.00, in accordance with Section 37 (2) of the Anti-Money Laundering and Countering the Financing of Terrorism Act Chapter 10: 11, Laws of Guyana.
The learned Chief Justice, Madame Roxane George, SC, granted the detention order for the Police to lawfully detain the currency on March 17, 2020; said Order was further extended on June 12, 2020 for three (3) months, pending the hearing and determination of the Fixed-Date Application.
The Commissioner of Police, through the Chambers of the Attorney-General, commenced legal proceedings for the civil forfeiture of the said sum, whereby written submissions were made before Madame Justice JoAnn Barlow.
The Court eventually found that, based on the manner of concealment of the monies in paint cans, it could be inferred that said monies came from unspecified criminal conduct.
It was also found that Bagot failed to provide information disclosing the source of said concealed monies, and that on previous occasions, he had left the jurisdiction from the designated immigration point of entry and exit, but when he re-entered Guyana, it was through the ‘back-track’ route.
In light of the foregoing, the Court ruled that the sum of €24, 530.00 would be forfeited to the State. There was no Order as to Costs.