High Court rules SOCU has legal standing in Moura gold smuggling case

Dec 20, 2025 News

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(Kaieteur News) – The Demerara High Court on Thursday ruled in favour of the Special Organised Crime Unit (SOCU), holding that the agency has the legal capacity to institute legal proceedings in its own name in relation to the case against businessman Sebastiao de Oliveira Moura.

The decision was delivered by a Full Court comprising Justice Nigel Niles and Justice Zamilla Ally-Seepaul. As a result, proceedings involving Moura, a Brazilian national and director of Gago Gold Inc. will resume. SOCU had previously seized assets valued at more than $190 million from Moura amid allegations of gold smuggling and money laundering.

In a press release, the Attorney General’s Chambers stated that the Full Court, in a reasoned and unanimous judgment, held that SOCU “possesses sufficient legal capacity to institute and maintain legal actions by virtue of the provisions of the Anti-Money Laundering and Countering the Financing of Terrorism Act, Cap. 10:11 (AMLCFT Act).”

The ruling overturns a decision handed down on May 27, 2025, by Justice Peter Hugh, who had struck out SOCU’s application to restrain and detain large quantities of gold, foreign currency and Guyanese dollars belonging to Moura and Gago Gold Inc. Justice Hugh had ruled, among other things, that SOCU lacked legal capacity to initiate or maintain legal proceedings since it is not a body corporate under the Companies Act.

According to the Chambers, “In dismissing SOCU’s application for the detention and restraint orders, Mr. Justice Peter Hugh ruled inter alia, that SOCU has no legal capacity to institute or maintain legal proceedings as it is not a body corporate within the meaning of the Companies Act, and that no provision of the AMLCFT Act expressly conferred upon it such status.”

SOCU subsequently appealed that decision on June 17, 2025. On Thursday, the Full Court set aside Justice Hugh’s ruling “following written and oral arguments by the parties,” the Chambers said.

Attorney General Anil Nandlall, SC, MP, argued before the Full Court that the issue of SOCU’s legal standing was of “substantial importance,” noting that Justice Hugh’s ruling had effectively disabled SOCU from carrying out key statutory functions assigned to it under the AMLCFT Act. He submitted that “should the ruling of the Learned Trial Judge stand, SOCU would be crippled in the execution of its mandate under the Act.”

The Attorney General further contended that the question of corporate legal personality under the Companies Act was irrelevant, pointing to several provisions of the AMLCFT Act that expressly empower SOCU to institute and maintain legal proceedings in its own name.

The Full Court agreed, stating that SOCU’s legal standing is a matter of public importance that bears directly on the effective administration of Guyana’s anti-money laundering framework. The Court warned that the issue, “if left undisturbed, may likely recur and affect future proceedings brought by SOCU under the Act.”

In explaining its reasoning, the Court held that the AMLCFT Act “assigns to SOCU in explicit terms, functions that cannot be discharged without recourse to the Courts, particularly the restraining, seizing, detaining and forfeiting of tainted property.” It further ruled that “sections 38 and 109A directly integrate SOCU into the framework of civil restraint and confiscation proceedings,” and that it would be “illogical” to conclude that Parliament intended to grant SOCU such powers while denying it the procedural means to exercise them.

The Full Court ultimately concluded that SOCU does possess sufficient legal capacity under the AMLCFT Act to institute proceedings for the civil restraint and confiscation of property, and that corporate personality is not required since Parliament has expressly conferred the necessary legal authority on the agency.

SOCU was represented by Attorney General Mohabir Anil Nandlall, SC, MP, along with Shoshanna V. Lall, David Brathwaite, Thalia Thompson and Mohanie Sudama. Moura was represented by attorneys Latchmie Rahamat and Naresh Poonai.

Moura, who has gold mining operations in Guyana, is charged with five counts of money laundering. He appeared before Acting Chief Magistrate Faith McGusty at the Georgetown Magistrates’ Court on April 17, 2025, where he was not required to plead to the indictable charges. Bail was granted in the sum of $1.75 million.

SOCU’s investigation stems from a joint intelligence-led operation conducted on February 7, 2024, involving SOCU, the Ministry of Natural Resources, the Guyana Gold Board and the Guyana Geology and Mines Commission. During a search of Moura’s business premises at 19 Albert Street, Bourda, Georgetown, officers discovered $81,101,200 in Guyana currency, US$6,057, SRD$240, 4,018.15 pennyweights of gold valued at $112,588,563, and diamonds weighing 3.5 grams.

After more than a year of investigations, SOCU instituted charges, alleging that the seized monies, gold and diamonds are tainted properties linked to money laundering and gold smuggling and constitute proceeds of crime.

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• gold, gold smuggling, High Court, Sebastiao De Oliveira Moura, SOCU

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