Tuesday's announcement by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) that it had sanctioned three Guyanese nationals for their roles in public corruption in Guyana, would have caused panic and terror among dishonest politicians and public servants throughout Caricom and beyond.
OFAC alleges Nazar Mohamed and his son Azruddin, and entities associated with them, including their company, Mohamed's Enterprises, evaded Guyana’s tax on gold exports and defrauded the Guyanese government of tax revenues by underdeclaring their gold exports to Guyanese authorities.
OFAC estimates Mohamed’s Enterprise omitted more than 10 tonnes of gold from import and export declarations and avoided paying more than US$50 million in taxes to the Guyana government between 2019 and 2023.
Also sanctioned by the US government is Mae Thomas, who served as the permanent secretary in Guyana's Ministry of Home Affairs from October 2020 through August 2023. The OFAC alleges that Thomas "used her position to offer benefits to Mohamed’s Enterprise and Azruddin, among others, in exchange for cash payments and high-value gifts."
As was the case with Russian oligarchs, who the US claims support President Vladimir Putin in his war against Ukraine, all property and interests in property that the three Guyanese nationals own, either directly or indirectly, have been blocked. Financial institutions "may expose themselves to sanctions or be subject to an enforcement action" if they engage in transactions with the sanctioned trio and their associated companies.
OFAC built its case to sanction the three Guyanese nationals on an executive order signed by then-President Donald J Trump in December 2017. That order implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption around the world.
"I therefore determine that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States..." the executive order signed by Trump said.
On the one hand, legitimate questions can be asked about these sanctions and whether the US is overreaching by going after Guyanese nationals for allegations that properly should be investigated and prosecuted in Guyana.
On the other hand, justice in the Caribbean is often delayed and when it comes to the white-collar crimes of corruption and bribery, justice is often delayed for so long that it can be said to be denied. The failure of the state in T&T to pursue the Piarco International Airport corruption and the Clico fraud matters, for example, indicated a lack of competence, or an unwillingness, by prosecutors in this country to pursue corruption cases.
Slow white-collar justice feeds and encourages corrupt practices and encourages the same kind of impunity about those crimes that those committing acts of murder now seem to feel in T&T.
The speed with which the US dealt with former Barbados Minister of Industry Donville Inniss, for example, shows up the inefficiencies of regional judicial systems. In August 2018, Inniss was arrested and charged with laundering bribe payments from a Barbadian insurance company through bank accounts in New York. He was convicted in January 2020 and has served a two-year sentence.
The investigatory, prosecutorial and judicial reluctance to address corruption, thus leaves open the question of whether the region should outsource high-profile cases to Uncle Sam.