The Asset Forfeiture Unit (AFU) is set to make a fresh attempt to seize some of the Guptas' riches - this time going after funds that were sent out of the country.
The National Prosecuting Authority (NPA), under which the AFU falls, is pulling out all the stops to recover Gupta assets wherever they may be, and has enlisted the help of US law enforcement authorities.
While the bulk of Gupta assets that are still in SA are liable to be auctioned off by business rescue practitioners to repay creditors, the NPA is turning its focus to money and other assets that the family at the heart of state capture siphoned off to the US, the UK and the United Arab Emirates (UAE).
The Sunday Times understands from law enforcement sources that US authorities are assisting the AFU to compile a list of Gupta assets held by US companies or their subsidiaries across the world.
Sources have indicated that the Americans are working closely with the AFU in building a case to recover money illegally moved out of SA.
One of the focuses is said to be a 2017 investigation by the Federal Bureau of Investigation into how money was laundered out of SA through the UAE and into the bank accounts of two Texas-based Gupta nephews, Ashish and Amol Gupta.
At the same time, the NPA is also seeking the help of British law enforcement to recover funds that were sent out of SA by the Guptas through British banks like HSBC and Standard Chartered.
It was revealed in 2017 that the Guptas, in transactions facilitated by banks such as
HSBC and the Bank of Baroda, siphoned off more than R2bn from the tainted deal under which Transnet agreed to buy locomotives from China South Rail.
Insiders believe asset seizure is the next logical step against the Guptas after the US Treasury imposed sanctions on them and their associate Salim Essa on October 10.
A US Treasury statement described the three Gupta brothers and Essa as "members of a significant corruption network ... that leveraged overpayments on government contracts, bribery, and other corrupt acts to fund political contributions and influence government actions".
The NPA declined to comment. "The issues raised related to ongoing investigative processes, of which we are constrained to comment on," it said in response to detailed questions.
The Mail & Guardian reported on Friday that business rescue practitioners were selling off Gupta assets such as properties and private jets to the value of more than R1bn. It noted the state was unlikely to receive any of the money because there were no criminal charges in place against the Guptas.
The Guptas are believed to be living and moving between India and Dubai, and justice minister Ronald Lamola has called on the UAE to ratify bilateral agreements and treaties that would allow SA to try to extradite the brothers.
The agreements were signed last September but the UAE has yet to ratify them.
The AFU failed in an effort in April 2018 to seize R250m in Gupta assets linked to the Free State government's Estina dairy farm project.
The high court in Bloemfontein, in ruling against the AFU in the case, said there were no grounds to believe that the eight people arrested on fraud charges in connection with Estina would be convicted. The NPA later provisionally withdrew the fraud case.
But this time around, it is confident it will have more success in seizing assets. The AFU has been given a cash injection of R18.4m by the Treasury to boost capacity and fast-track near-moribund cases.
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