Skip to main content

FM
Former Member

GRA boss is in breach of “Oath of Secrecy”…Perhaps worst crime committed in modern Guyana – Nagamootoo

September 28, 2014 | By | Filed Under News

As its call for the resignation of the Commissioner General of the Guyana Revenue Authority (GRA) Khurshid Sattaur

Moses Nagamootoo, AFC Vice Chairman

Moses Nagamootoo, AFC Vice Chairman

remains firm, Vice Chairman of the Alliance For Change, Moses Nagamootoo, has said that Sattaur’s actions constitute perhaps, the worst crime committed in modern Guyana. Kaieteur News, on Sunday last, stated that its Publisher, Glenn Lall, is in possession of indisputable evidence of a plot by former President Bharrat Jagdeo and Sattaur, to bring down the newspaper. That same day Sattaur issued a statement denying the plot and contended that he had a right to share information with the Head of State. The evidence revealed by Kaieteur News featured emails between Sattaur and Jagdeo which were then shared with the Attorney General, Anil Nandlall. Sattaur via email sent to Jagdeo and then to Nandlall information on the corporate taxes paid by several media houses. According to some lawyers, the information disclosed by the GRA Commissioner-General to Jagdeo, represents a grave breach of the ‘Oath of Secrecy’ sworn to by Sattaur as an officer of the Guyana Revenue Authority. In taking the Oath, Sattaur solemnly swore that he would “truly, faithfully, impartially and honestly execute the powers vested in him.”  He also swore not to disclose any tax information concerning any taxpayer. In the email written by Sattaur, he asserts that Jagdeo advised him to say that “an impending major audit of the Kaieteur News” was behind the publication’s criticisms of him. Leader of the AFC, Khemraj Ramjattan, at the party’s press conference held at the Georgetown Club on Friday said that he had indicated that Sattaur’s actions are obviously in breach of certain regulations. It was obviously a breach of his Oath to Secrecy. “Though we notice that he did come with a legal argument that there are exceptions to the rule, we are still questioning who gave him the authority to go to a private citizen, that being former President Bharrat Jagdeo, to reveal to him the tax information of several media entities. “We feel that it is such a fundamental error on his part, extraordinarily unethical and highly immoral to go leaking that kind of information to a private citizen,” the attorney at law said. Ramjattan reiterated that he believes that the tax chief’s actions is a breach of the highest taxpayers officials duties and to that extent, he said it underscores the need for Sattaur to do the just thing and resign.

GRA Boss, Khurshid Sattaur

GRA Boss, Khurshid Sattaur

He went further to state that Sattaur’s actions show the extent whereby GRA can be used as an instrument to terrorise taxpayers whether companies, proprietors of newspapers or otherwise and that it is a “rather brutal and cruel situation.” “We need to note most importantly that there is no denial on anyone’s part as it relates to the content of the email or whether it belongs to them or not,” Ramjattan asserted. In further support of his points, Nagamootoo expressed his abhorrence for the manner in which the tax chief sought to use his office. “Nothing for me is more reprehensible than when one who sits to preside over the integrity of our finances and the confidentiality of information regarding people’s incomes, declarations and properties, would then choose to disclose this. “For me, this is perhaps the worst crime that could be committed in modern Guyana and to see that the integrity of our institution that deals with finances could allow itself to terrorize people is sickening,” the AFC Vice Chairman said. He added, “We are now involved in domestic terrorism, terrorism being launched against our own people to make them comply and in the case of Glenn Lall and his press, it would be for them to shut up  and the measures being used are to gag it. Honestly speaking, he needs to resign.”

Replies sorted oldest to newest

Glenn Lall, is in possession of indisputable evidence of a plot by former President Bharrat Jagdeo and Sattaur, to bring down the newspaper. That same day Sattaur issued a statement denying the plot and contended that he had a right to share information with the Head of State.

 

Another long court case in the making

FM

According to some lawyers, the information disclosed by the GRA Commissioner-General to Jagdeo, represents a grave breach of the ‘Oath of Secrecy’ sworn to by Sattaur as an officer of the Guyana Revenue Authority. In taking the Oath, Sattaur solemnly swore that he would “truly, faithfully, impartially and honestly execute the powers vested in him.”  He also swore not to disclose any tax information concerning any taxpayer.

FM

Evidence highlights Jagdeo/Sattaur plot to shutdown K/news

September 28, 2014 | By | Filed Under News

 

Jagdeo/Sattaur plot to destroy Kaieteur News unearthed

Publisher of the Kaieteur News, Glenn Lall, is in possession of incontrovertible evidence of a plot by former President, Bharrat Jagdeo, and Commissioner-General of the Guyana Revenue Authority (GRA), Khurshid Sattaur, to bring down Kaieteur News. Confidential documentation, leaked to this publication, reveals that the Commissioner-General provided the former President with detailed tax information of a number of independent media houses in Guyana.tax - a a The disclosure of the information by GRA’s Commissioner-General to Jagdeo, represents a grave breach of the ‘Oath of Secrecy’ sworn to by Sattaur as an officer of the Guyana Revenue Authority, said one lawyer. In taking the Oath, Sattaur solemnly declared that he would “truly, faithfully, impartially and honestly execute the powers vested in him.” He also swore that he would “judge and determine upon all matters and things before him without fear, affection, or malice”. And he swore, too, not to disclose any tax information concerning any taxpayer, but this has not been the case. Both Jagdeo and Sattaur are fully aware of the impropriety of their action and as such Sattaur even acknowledged, in the documents, that Jagdeo is expected to treat the information with confidence, said the lawyer. The documents would lift the lid off a few Government officials who have been insisting that all is right in Guyana and democracy is very much alive, he added. Both Kaieteur News and Stabroek News have been on the receiving end of Government’s anger over critical issues like corruption, value for money on projects, and local government elections. This publication is of the firm view that former President Jagdeo is not entitled to receive financial or tax information of any taxpayer, let alone a private citizen, as it would be highly improper, and clearly a breach of regulations. The information received revealed that Jagdeo advised Sattaur on “an impending major audit of the Kaieteur News” as a public ploy to defend the GRA and Sattaur against criticisms by the Kaieteur News. There is strong indication, according to the documents seen by Kaieteur News, that the plot between Sattaur and Jagdeo was hatched after a news report a few weeks ago raised questions over the employment of three children of the Commissioner-General at GRA. The report had questioned whether it was proper. Sattaur had also been highly defensive and upset with Kaieteur News and the private media, after questions were asked of GRA’s role in granting Bai Shan Lin, a Chinese logging company that is being investigated by Parliament, tens of millions of dollars in duty free concessions. When asked about details of the duty free concessions granted to Bai Shan Lin, Sattaur made it clear that the laws that are in place barred him from ever disclosing the information. He said that the matter was closed. As such, the public was kept in the dark over those duty free concessions for high-end SUVs, like a Lexus, an Infiniti series, and even a number of luxury vans. The granting of duty free concessions for vehicles pertaining to investments has to be relevant to the type of investment being made. GRA remained silent on this and also how it granted the duty free concessions even before Bai Shan Lin was given permission to freely operate its concessions. According to Kaieteur News’s publisher, Glenn Lall, he is now even more convinced that certain members within the ruling People’s Progressive Party/Civic and Government are determined to silence the voice of the independent media. “The use of the Guyana Revenue Authority, a body to which members of the public entrust their most private information, as a weapon against the media is a dangerous development indeed, and a violation of press freedom… “Kaieteur News is forced to ask what other tax information has not been compromised by Sattaur and Jagdeo?” Lall opined that it is time for Sattaur to step down as Commissioner-General of GRA with an independent, criminal investigation launched to enquire the role played by Jagdeo, and to ensure that the tax agency is operating within its mandate. “We also call on President Donald Ramotar to take steps to prevent Mr. Jagdeo from interfering further in his administration of the country,” Lall said.

 

Sattaur addresses issue of plot to destroy Kaieteur News

On Sunday, Kaieteur News reported on what it said was a plot by Commissioner General of the Guyana Revenue Authority, Khurshid Sattaur, and former President Bharrat Jagdeo, to destroy the newspaper. The news report prompted the following response from Sattaur.

Dear Editor, Reference is made to various articles in Kaieteur newspaper edition of the 21/9 of which you are well undoubtedly aware.

Former President Bharrat Jagdeo

Former President Bharrat Jagdeo

There would appear to be a deliberate and orchestrated effort on the part of the paper and no doubt that of the owner/publisher of the newspaper to give maximum coverage to the ongoing legal proceedings involving the vehicles imported by remigrants but “loaned to the Lalls”. This can be construed as an apparent and continuing effort to influence the learned Chief Justice in his impending decision. This belief is further confirmed from the most naive reference made by the editor of the publication that “this matter is before the court and I am sure it will go nowhere”. Perhaps the editor of Kaieteur News can enlighten the public what is meant by this statement and if he is privy to information that is not in the public domain. The GRA is still of the firm belief that the matter will be heard and determined expeditiously and justice will prevail. While this reference to a current court case and these unjustified and baseless statements may appear to the uninitiated to be innocuous, Mr. Harris should be seriously reprimanded by the Chief Justice for contempt. The statement that “nothing in the law that says a man cannot loan his vehicle” betrays the ignorance, misapprehension, misinterpretation of the law or represents a deliberate attempt by the publication to disseminate this misinformation to the reading public. I am more inclined to believe it is the latter if you are to consider some of the misguided and grossly inaccurate information the publication has chosen to publish regarding the issue, as well as reckless and irresponsible behavior demonstrated by the KN. Whilst the Income Tax laws make provision for certain tax information to be treated as confidential, there are several exceptions to this general rule. Specifically, under S4 of the Income Tax Act a disclosure to the state is not prohibited, a disclosure for the purposes of the administration of the Act is allowed and a disclosure to any person with the authorization of the president is permitted under the law. These exceptions are further extended by the Revenue Authority Act, Act No. 13 of 1996. Under S23 of this Act disclosure is further allowed in four instances:

Commissioner-General of the Guyana Revenue Authority [GRA), Khurshid Sattaur

Commissioner-General of the Guyana Revenue Authority (GRA), Khurshid Sattaur

a.    a disclosure in the course of the persons duties b.    with the consent in writing by or on behalf of the Authority c.    when lawfully required to do so by an order of court d.    when required to do so under any law

S4(2) of the Income Tax Act provides as follows: “S4(2)Every person having possession of or control over any documents, information, returns, or assessment lists or copies of those lists, relating to the income or items of income of anyone who at any time communicates or attempts to communicate that information, or anything contained in the documents, returns, lists or copies, to any person— (a) other than a person to whom he is authorised by the President to communicate it; or (b) otherwise than for the purposes of this Act, shall be guilty of an offence.” The law clearly provides that the President and the state are legally entitled to receive information on any taxpayer and empowers the President to authorise the disclosure of any such information to any person(s). This privilege has been enshrined in the statutes.I can assure the Kaieteur News and the general public that all taxpayer information is treated with the strictest confidence and any disclosure is made lawfully in keeping with the laws of Guyana. This supposed revelation of a plot to destroy the KN is nothing but an apparent attempt by the Newspaper’s publisher to forestall any audit the GRA may wish to undertake of the tax affairs of the KN which may uncover irregularities, tax evasion, tax avoidance, fraud etc. It is an attempt to intimidate the GRA and its officers from discharging their statutory duties and functions by suggesting that any audit of the KN is malicious and vindictive. It is with regret that I must inform you that the GRA cannot abdicate it’s statutory mandate in light of spurious and baseless conjecture. Indeed it compels the GRA to action since these actions belie the fact the KN has an interest in preventing an audit by the Revenue a clear indicator of fraud and the need for an investigation.

I will not respond to your baseless and unfounded accusations in various articles that I was responsible for providing the Chronicle with the damaging information concerning the falsifying of documents on tax frauds allegedly perpetrated by KN and it’s Publisher. These statements are defamatory and I have instructed my Attorneys to institute legal proceedings against the KN and it’s publisher. These defamatory statements and issues pertaining thereto will be fully ventilated in the impending legal action.

In the circumstances the KN, it’s Editor and Publisher would be well advised to: 1.    Acquaint themselves with the provisions of the Tax laws particularly the provisions that prohibit the disclosure of confidential taxpayer information and the exceptions to this general rule; 2.    Familiarise themselves with the provisions and process relating to the grant of remigrant status/duty concessions and the conditions attendant thereto, particularly the numerous potential sources the information allegedly ‘leaked’ could have originated from; 3.    Be informed that the Kaieteur News and it’s publisher are subject to the Laws of Guyana like any other citizen; 4.    Be reminded that the Commissioner General or the GRA cannot be intimidated into abandoning a statutorily empowered audit and will not be so intimidated. Despite these unfounded attacks, threats, attempts at manipulation and intimidation the GRA, myself and officers will remain professional in our conduct and execution of our duties towards all citizens of Guyana. K Sattaur Commissioner- General **

Here is the evidence collected by Kaieteur News

 

See below

 

FM

Is this man Guyana’s J. Edgar Hoover?

September 28, 2014 | By | Filed Under Letters 

Dear Editor, Blackmail was a tactic that worked for J. Edgar Hoover, the late long serving Director of the United States of America’s Federal Bureau of Investigations (FBI). Using files compiled on those he presumed were his enemies, Hoover managed to keep them quiet whenever they challenged him or his circle of friends. Hoover snooped not just on politicians but on officials high and low, on Supreme Court justices – at least 12 of them – even on presidents. He built files on writers, actors, on citizens across the spectrum who caught his malignant eye. By an official count after his death, the Director held 883 files on senators and 722 on congressmen. Sounds scary, right? If it scares you, you have every right to be, because Guyana may have its own J. Edgar Hoover. While the Guyana Revenue Authority is not the FBI, its boss, Kurshid Sattaaur, is certainly being used to unleash terror, and silence those who attempt to oppose the current corrupt administration that rules this country we call our home. Just ask Freddie Kissoon, Adam Harris and Glen Lall. When Freddie continued to criticise the government, he was targeted by Sattaur and the GRA, by way of a letter requesting that he declare his assets, and that he was in tax arrears to the tune of millions of dollars. We all know what happened to Freddie after that—-silenced. When the Kaieteur News exposed favouritism in the granting of duty free, and nepotism at the GRA, Glenn Lall became the subject of attack from the GRA and Sattaur. Adam Harris as head of the newspaper is said to be the next on the list.

There are many others who are being threatened by the GRA, like Joe Harmon, who spoke out on the issue involving Sattaur’s children being employed at the state entity. Judging from the recent revelations, the GRS’s boss is not acting on his own.  There is evidence that he is being used to keep those who step out of line in check. There seems to be a cabal parallel to the government that is wielding immense power in Guyana. It is no secret that this cabal controls the government, its party, the judiciary, the police force etc. And, they use every state agency to go after citizens (especially through the Guyana Revenue Authority -GRA which is being run by Sattaur). Like Hoover, Sattaur gets away with his excesses. They were both showered with honours. Sattaur wrote in his leaked email to the Attorney General, “Of course I am deeply indebted to the Government for the confidence it places in me to continue to execute my duties as CG.” This is a clear indication that he has the backings of the administration to go after those who step out of line.

No wonder, despite revelations of nepotism at the Guyana Revenue Authority, nothing has been done; in fact it seems that Sattaur has solidified his position at the helm of the GRA. The FBI Headquarters in Washington DC is named after J. Edgar Hoover; maybe the new GRA headquarters will be named after Sattaur. The nation must rise up and confront this Evil and its cohorts before it’s too late. If the administration gets away with silencing the Kaieteur News, there will be no one else left to stand up to their xcesses. Tax-payer

Mitwah

Add Reply

×
×
×
×
×
Link copied to your clipboard.
×
×