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GEA takes Fuel Company to court over falsified invoice
Kaieteur News – The Guyana Energy Agency (GEA), has taken Atlantic Fuels Inc. (AFI) to court for making a false declaration on an invoice. The matter was yesterday called in the Georgetown Magistrates’ Courts before Principal Magistrate, Sherdel Isaacs-Marcus.
Charged: Dr. Richard Van-West Charles.
Former Chief Executive Officer (CEO) of Guyana Water Inc. (GWI) and the Director of AFI, Dr. Richard Van-West Charles, 72, of 304 Meadowbrook Drive, Georgetown, appeared before Principal Magistrate Isaacs-Marcus with his lawyer, Sian Dhurjon.
Van-West Charles was charged for furnishing false or misleading information, knowing that the information is false or misleading in connection with a document submitted to the GEA, contrary to regulation 70(2) of the Petroleum and Petroleum Products Regulations 2014.
It is alleged that on November 13, 2020, the defendant submitted invoice #100 to GEA located at 295 Quamina Street, South Cummingsburg, Georgetown, regarding a shipment of diesel claimed to have been purchased from Global Oil NV, knowing same to be false or misleading.
The matter is being prosecuted by special prosecutor, Arub Gossai. Gossai made no objection to bail being granted to the defendant and as such the Magistrate placed Van-West Charles on $100,000 bail. He is scheduled to make his next court appearance on August 16, 2021.
Earlier this year, another director of the fuel company was charged for falsifying an invoice. Eugene Gilbert, 67, was released on $300,000 bail when he appeared in court for allegedly falsifying an invoice and declaring it to the Guyana Revenue Authority (GRA).
GEA Chief Executive Officer, Dr. Mahender Sharma.
Gilbert had also appeared before Principal Magistrate Isaacs-Marcus. He denied the charge which alleges that on November 12, 2020 at the GRA, Camp Street, Georgetown Headquarters, Atlantic Fuels Inc. caused to be made and subscribed a false declaration on invoice number 100 valuing $100,000 for customs declaration reference number GY 410C, contrary to section 217 (1) (a) of the Customs Act, Chapter 82:01.
According to reports, the fuel company had allegedly been caught recording less than the amount of fuel in a shipment, which caused the revenue authority to lose revenue, and this is not the first time the fuel company has been caught up in allegations of tax fraud. In 2019, GRA investigations revealed a similar situation involving Atlantic Fuels Inc.
Moreover, GEA and GRA had seized 631,184.9 litres of fuel from AFI, but were later ordered by Chief Justice (CJ) ag, Roxane George- Wiltshire, to release the seized fuel.
AFI had sued the Commissioner-General of the GRA, Godfrey Statia; the GRA, the Chief Executive Officer of the GEA, Dr. Mahender Sharma, and the GEA on December 22, 2020. The lawsuit was instituted on behalf of AFI by attorneys, Siand Dhurjon and Damien DaSilva.
It was reported that Statia and Sharma had seized and detained the diesel fuel worth over $80M in resale value which was imported by AFI and seized by GRA on November 1, 2020.
In an attempt to defend the seizure, lawyers Judy Stuart-Adonis and Colleen Sparman-Stephens, who represented GRA and GEA respectively, presented to the Court an alleged false invoice used by AFI to import the fuel, which they claimed, gave the GEA and GRA wrong information on the supplier, value and quantity of the fuel.
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