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Bill to combat impunity edging forward

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Kenia Porcell

A LEGAL analysis of a bill designed to combat impunity in corruption investigations is on its way to the  National Assembly.

The bill will increase the time period for investigation of major corruption crimes, and  when needed allow extra time to complete investigations

The analysis of Bill 514 which modifies the Criminal Procedure Code so that investigations of corruption crimes do not expire was made by Panama’s Attorney General, Kenia Porcell.

She argues that there is no impediment to establishing the statute of limitations on these offenses and also suggests that longer terms be adopted for investigating more serious crimes.

“Crimes against the public administration in its various forms can constitute a serious social concern and its inadequate prosecution and judgment become a multiplicity of disastrous consequences for the development of the State” warns Porcell in the note sent to the  Justice and Constitutional Affairs Committee of the Assembly on Oct.18.

Her opinion is based on an analysis of international law and jurisprudence of the Inter-American Court of Human Rights.

Citizen Participation
Bill 514 came to the Legislative, through the Office of Citizen Participation. It is expected that this week the sub-committee in charge of analyzing the bill will deliver a final report on the viability of this proposal says PRD deputy Quibian Panay, who along with independent Ana Matilde Gómez and Raúl Pineda (PRD) make up the committee.

The document will be delivered to Carlos Santana, (Panameñista) president of the   National Assembly’s Justice and Constitutional Affairs Committee.

The National College of Lawyers (CNA) and  Administration prosecutors will also submit their opinions on the initiative promoted by Movin, the Association of Law Students of the University Santa María La Antigua (USMA) and Generation without Limits.

 

http://www.newsroompanama.com/news/panama/bill-combat-impunity-edging-forward

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Civil society awaits names of bribery suspects

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Demonstrators at the Supreme Court will be back if things go awry at Thursday hearing

EXPECTATIONS are running high that today (Thursday, November 9),  the demands of civil society will be met and the names of the 63 Panama high rollers who received at least $59 million in bribes from Odebrecht in the Martinelli era will be revealed.

The names should be disclosed by three Odebrecht executives via Skype to a hearing at the Panama Supreme Court when the terms of the agreement between the Public Prosecutor’s Office (MP) and the Odebrecht company get judicial approval. The meeting is being held   in the Cassation Hall of the Gil Ponce Palace of Justice with a limited audience including journalists, and  representatives of Civil society

It is expected that the three ex-directors of the Brazilian construction company, with whom the agreement was signed,  will speak on Skype. They are: Fernando Migliaccio da Silva, Olivo Rodrigues Junior and André Rabello, the latter was the manager of Odebrecht in Panama.

The leader of the Independent Movement (Movin), Annette Planells, said that all are fixated on knowing what agreements were reached with the Odebrecht executives and, most importantly, knowing which Panamanian businessmen, politicians, officials or lawyers, were involved in the bribery scheme.

Right to know
“We are going to demand that the judge declare the accusations public. Panamanians have the right to know the truth and know what they did with the money of all of us,” said Planells.

President  Juan Carlos Varela said that the most important thing for the country is that “the stolen heritage is recovered, the whole truth is known and, above all, that a similar case does not happen again.”

What is expected with the hearing is that the judge validates the agreements, according to the Code of Criminal Procedure,  but there is the possibility that the Supreme Court of Justice denies endorsement reports El Siglo

It may also be denied if the 12th judge, in charge of the hearing, considers that there was ignorance of fundamental rights or guarantees or when there are indications of corruption or bribes during the agreement.

The Public Ministry has compiled 364 volumes in the Odebrecht case.

63 people have been imputed in the process, among whom there are five former ministers of the cabinet of Ricardo Martinelli. His two sons have also been named, and Swiss authorities have frozen $22 million in bank accounts linked to them.

 

http://www.newsroompanama.com/news/panama/civil-society-awaits-names-bribery-suspects

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Details revealed of over $95 million in Odebrecht bribes

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The Odebrecht collaborators. Rabello is on the left

A CRIMINAL NETWORK   of at least 10 former high profile members of the Ricardo Martinelli administration  including his two sons and the finance minister, pocketed nearly  $96 million in bribes from the   Norberto Odebrecht company in a five year period.

The money was to obtain profitable contracts, and once in place to grease the wheels of bureaucracy to ensure rapid approvals of proposals and fast payment.

Multi-million payments, a procedure that normally could take between 8 months and a year would glide through in barely three months.

Details of the gang of thieves headed by the  Martinelli sons were provided by anti-corruption prosecutors in the five-hour validation hearing of cooperation agreements between the Public Ministry (MP) and the Brazilian company on Thursday, November 9.

It was revealed that the company paid bribes in excess of $95.7 million

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Martinelli sons center of bribery probe

In the statements given by André Campos Rabello, Odebrecht’s chief executive in Panama, (it was revealed that the two sons of Martinelli received $55.8 million.

The transactions for the Martinelli sons according to Rabello, were through 5 companies among which were Pachira, Kadair and Mengil stand to which were deposited $16,  million,$12.8 and $8.7 million respectively.

Rabello  also confirmed  that, between 2011 and 2014, the former Minister of Economy and Finance, Frank De Lima, received $  million through two intermediary companies called Exon, whose owner was José Luis Sáenz, and Ralfin Limited, with Olmedo Méndez Tribaldos de Regent, who opened  a bank account in his name, but the final beneficiary was De Lima, who was given  access  to the funds.

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“Jimmy” Papadimitriou

Another prominent high roller named was involved was Diamantis Papadimitriou, father of the former Minister of the Presidency, Demetrio ‘Jimmy’ Papadimitriou, who would have received a payment of $4 million for an alleged sale of sand that was not supported by a legitimate contract.

The payments were distributed to more than five companies from Aeon Group, Kleinfeld, and Constructora Internacional del Sur.

Jaime Ford, former Minister of Public Works, received $ 1.8 million in an offshore account called Westfall Holding, in a bank in Andorra. Payments were received in a segmented manner between 2013 and 2014.

Carlos Ho, recently fired from the   MOP was paid $500,000.

Rabello said that $10 million went to benefit the former presidential candidate and former Minister of Housing, José Domingo Arias during his presidential campaign.

The former ambassador of Panama in South Korea, Jaime Lasso Del Castillo, received $700,000 registered in Antigua and Barbuda.[which he donated to then VP candidate, Juan Carlos Varela.]

The law firm Rosas y Rosas it received nearly $4 million. through accounts in Panama and abroad.

During the hearing, prosecutor Zuleyka Moore requested that the agreement be validated, as Law 121 of organized crime has been complied with and “it has been possible to identify each of the members of this criminal organization.

Agreements
In addition to the denunciations, at the approval hearing, the Public Ministry  and Rabello reached agreements, in which the Odebrecht company committed to paying $220 million, over !2 years  to the Panamanian State for the damages caused.($10 million has already been deposited)

Judge Oscar Carrasquilla, validated the agreement that included filing the case against Rabello and the company, for money laundering and crimes against public administration. Which means they will no longer be investigated or judged.

 

http://www.newsroompanama.com/news/panama/details-revealed-95-million-odebrecht-bribes

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Death threats target Odebrecht collaborator

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Ricardo Martinelli and Rabello, who said the Martinelli sons got $58 milion in bribes

THE INVESTIGATIONS of the bribes paid by Odebrecht in Panama was strengthened after a criminal judge validated the confessions of three former executives of the construction company, detailing the scores of millions of dollars used to grease the palms of politicians and businessmen.

Now the whole process is in the hands of the judges of an appeals court. Their decision will decide the potential fate of over 50 former prominent Panamanians.

The Special Anti-corruption Prosecutor’s Office has filed an appeal against the ruling of substitute judge  Lania Batista, who ordered the closure of the investigation and provoked demonstrations protesting impunity across the country.

Former Comptroller Alvin Weeden expects the Second Superior Court to revoke the decision of the substitute judge. “In your hands is the justice of the country, “he warned.

Death threats
Former Attorney  General and deputy Ana Matilde Gómez said that that, the confessions s of Odebrecht former executives André Rabello, Olivio Rodriguez Junior and Luiz Da Rocha Soares, “open the possibility of new research routes, with new figures of crime linked “. During his evidence via Skype, Rabello’s face was hidden. The former head of  Odebrecht in Panama. said that he and his family had received death threats.

Attorney General  Kenia Porcell said that if the investigation continues, “we will see more Panamanians involved.”

Olga de Obaldía, executive director of Transparency International (Panama), said that the confessions of the informers “are not conjectures. They are proven facts, with checks, with documents.”

The court validated three agreements between the Special Anticorruption Prosecutor and Odebrecht collaborators, that exposed the way the Brazilian construction company bribed officials and individuals between 2010 and 2014.

Weeden, who had filed a complaint with the Public Prosecutor’s Office to investigate the use of the local banking system for illicit purposes by Odebrecht, said that it was demonstrated “that we were subjected to such a corrupt and widespread political system that family figureheads could  hide or transpose the ill-gotten funds, product of bribes.

“Although these acts were already known, what was not known were the details of the quantities, the front men and all the structure that was behind. We must congratulate the Public Ministry [MP] for its dedication to a case as corrupt as the Odebrecht case, “he added.

During the hearing, the three Odebrecht collaborators testified  individuals, announced that the sons of former president Ricardo Martinelli received Odebrecht payments of more than $58 million via offshore companies

 

http://www.newsroompanama.com/news/panama/future-multi-million-bribery-probe-rests-appeals-court

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More  plea bargains in  multi-millions bribery scandal

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Little left for De Lima to smile about

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TWO OTHER   plea bargains are in the works in the Odebrecht bribery scandal involving up some $86 million passed to prominent figures in the Martinelli administration.

Others are likely to follow with collaborators trying to avoid heavy jail sentences.

Public Ministry (MP) sources say that one of the collaboration agreements is quite advanced and another “is still in the negotiation phase ”  reports La Prensa.

The agreements would be with Panamanians who served as intermediaries between Odebrecht and the beneficiaries of the bribes.

La Prensa names  José Luis Saiz and Jorge Espino as the latest collaborators with more expected to follow as they seek to reduce potential long jail terms.

Saiz said he was contacted by former Minister of Economy and Finance Frank De Lima to receive Odebrecht monies in an account in Andorra, controlled by the former official.

Espino, meanwhile, confessed to the prosecutor’s office that he registered an account – also in Andorra – in which the construction company deposited money for Jaime Ford, former Minister of Public Works.

The prosecution has already approved a sentence agreement with Olmedo Méndez Tribaldos, another “Testaferro” of De Lima.

On November 9, the Twelfth Criminal Court validated three collaboration agreements between the MP and of Odebrecht collaborators André Luiz Rabello, Olivio Rodrigues Junior and Luiz Eduardo Da Rocha Soares, who identified more than $86 million paid in bribes in Panama to officials and individuals.

Two other agreements were also validated by the court, but their content is not known because the audience was not public. One of these could be the agreement with Mendez Tribaldos.

At the end of October, the MP reported that it had four agreements signed with local intermediaries and six others were put on hold by the defense lawyers of the accused, after the twelfth deputy criminal judge, Lania Batista, denied the Special Anticorruption Prosecutor an extension of the investigation process.

 

http://www.newsroompanama.com/news/panama/plea-bargains-multi-millions-bribery-scandal

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More plea bargains and citizen protests

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PANAMA’S Twelfth Criminal Court will hold a further approval hearing on Thursday morning November  16, this time to ratify a collaboration agreement agreed between the Special Anti-corruption Prosecutor’s Office and one of the local intermediaries that received bribes from the Odebrecht construction company.

The   hearing, before judge Óscar Carrasquillo will be in the same Supreme Court room where on November 9 he validated three agreements with executives of Odebrecht: André Rabello, Olivio Rodrigues Junior and Luiz Eduardo Da Rocha Soares, and  they and prosecutor Zuleyka Moore laid bare the structure of what she described as a criminal network headed by the  sons of ex-president Ricardo Martinelli to  distribute some $90 million among corrupted politicians and businessmen linked to their father.

Fingers were also pointed at  Martinelli appointee, former Attorney General Ana Belfon for shelving potentially embarrassing investigations of other favored appointees, the former Ambassador to S.Korea and his daughter a consul in Japan.

While it is unknown for now who the latest agreement relates to, the Public Prosecutor’s Office confirmed that it was negotiating agreements with José Luis Saiz and Jorge Espino. who have confessed to having received bribes that -according to the testimony of André Rabello- were going to former ministers. Saiz said he was contacted by the ex-minister of Economy and Finance, Frank De Lima to receive Odebrecht money in an account in Andorra, controlled by the former official. Espino confessed to the prosecutor’s office that he registered an account – also in Andorra – in which the construction company deposited money for Jaime Ford, former Minister of Public Works.

The prosecution has already approved a sentence agreement with Olmedo Méndez Tribaldos, another one “singing” about De Lima. Maybe it’s time for him to join the chorus to reduce the time he will get in El Reancer prison, which is short on gilded cages

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Corruption protest
Another citizen rally backed by business organizations and civic groups protesting corruption and impunity is scheduled for Thursday afternoon

 

http://www.newsroompanama.com/columns/your-man-in-panama/plea-bargains-citizen-protests

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Business leaders want exhaustive bribery probe “no matter who falls”

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PANAMA’S  business leaders who were front and center in organizing a recent citizen demonstration against impunity is keeping up the pressure for the authorities to continue “exhaustively” the investigations related to the payment of bribes by the Odebrecht company to politicians,  officials and businessmen.

The Chamber of Commerce, Industries and Agriculture (Cciap) said in a Sunday, November 12 statement that the investigations must include “all works executed by that consortium since its arrival in the country to date, in order to “not leave suspicions” and ensure that the process is transparent. (The current government  has awarded Odebrecht over $2 billion in contracts, and President Varela has been accused of receiving  $700,000  for his election campaign)

The Cciap move comes after the November 9  endorsement of agreements between the Brazilian construction company  and the Public Ministry.

That day three Brazilian informers revealed more than $90 million in bribes and donations to electoral campaigns was paid by Odebrecht in Panama.

The effective collaboration agreements with the MP were endorsed by Judge Óscar Carrasquilla, in a hearing that was extended for more than 10 hours.

“The disclosures and ratifications of information given so far, in this case, are cause for concern since they generate ambiguity in Panamanians and sectors that, like our business union express their condemnation of impunity, which we are not going to tolerate, “says the statement.

The CACIP stressed in its conviction that pressure must be applied and the surrender of accounts demanded.

“We insist that these claims raise the voice of a society that expects changes deep within the justice system and the actions of prosecutors, as well as strengthening the institutions, so we must all unite in this fight undertaken by the country against corruption so that justice is done and the whole truth is known, no matter who falls, “says the group.

 

http://www.newsroompanama.com/news/panama/business-leaders-want-exhaustive-bribery-probe-no-matter-falls

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President’s brother denies lobbying for Odebrecht

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The Varela brothers
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PANMENISTA  deputy José Luis Popi Varela said Wednesday, November 15 that he is  “immediately available” to the Supreme Court (CSJ), to clarify the “political support” that his party received from the state contractor, Odebrecht.

In a statement, Varela – brother of President  Juan Carlos Varela, and president of the ruling Panameñista Party- acknowledged that he knew André Rabello, head of the Odebrecht subsidiary in Panama, through the doctor and ex-Consul of Panama in South Korea Jaime Lasso, but his  relationships “never had to do with tenders public, prices, charges or issues of administrative functions of the ministries “.

According to investigations carried out by the  Special Anticorruption prosecutor,  the Panameñista Party received funds from the bribery department of Odebrecht through Jaime Lasso.

Likewise, it is clear says La Prensa that in the first half of 2009, when Popi Varela was premiering as president of the National Assembly, Lasso promoted a meeting with Rabello.

Varela “made himself available to support [Odebrecht] in the government projects that the company was developing, mainly in the environments where the community leaders were linked to the same party [Panameñista] “,  says an analysis prepared by the Directorate of Judicial Investigation (DIJ), which is part of the investigation.

Varela says that all his actions were “within the framework of the law”, and he has never been a lobbyist and supports the investigations carried out by the Public Ministry.

“In Panama, the vast majority of companies have a lobbyist and sometimes they

They ask for an appointment to deputies to explain their projects, their vision in the country and even ask for support with legislators, all this within the framework of the law, “he stresses in a press release.

 

http://www.newsroompanama.com/news/panama/presidents-brother-denies-lobbying-odebrecht

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Witness security worry postpones Odebrecht plea deal

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THE  Thursday, April 16 public court hearing to validate cooperation plea deals with anti-corruption prosecutors in the Odebrecht bribery scandal has been postponed over security concerns for one of the witnesses.

The decision was taken, after the defense of one of the accused made the request “for the security of your witness “. He also requested that it be done under reservation, which means that there would be no access to media and members of civil society as in the last hearing.

The special anti-corruption prosecutor, Zuleika Moore, informed in writing that she did not oppose the request and judge Oscar Carrasquilla will reschedule the hearing to a date that has not yet been announced.

At the hearing, were to have been Panamanian intermediaries who would have received money from the Brazilian construction company. The names have not been confirmed.

The Public Ministry has confirmed that it negotiates agreements with subjects who have confessed to receiving bribes, allegedly destined to former ministers. Among them are José Luis Saiz and Jorge Espino.

Judge Carrasquilla has already validated three effective collaboration agreements with Odebrecht executives: André Campos Rabello, Olivio Rodrigues Junior and Luiz Eduardo Da Rocha Soares.

 

http://www.newsroompanama.com/news/panama/witness-security-worry-postpones-odebrecht-plea-deal

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OPINION: Time for Varela to show moral authority

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The Odebrecht local scandal has reached the Panameñista Party, from whose ranks comes  President. Juan Carlos Varela who campaigned and continued in government with fighting speeches against corruption and promotion of transparency and institutionality. That is why, at a time in which an associate of his has declared to have served as an intermediary between the construction company and his party, and he has also accepted that he received funds from it for the electoral campaign, the country expects the President to give convincing and timely explanations. When and how much money came to the game? In which accounts was it deposited and how was it used? The attitude he has maintained until now, of looking the other way or waiting for the government to face other anxieties, does nothing but diminish confidence and credibility. President, remember that to demand accountability from the past administration, that many have described as the most corrupt in our history, you require a lot of moral authority. Offer the relevant explanations, without hesitation or excuses. And if these lead to the opening of new investigations, then so be it … La Prensa, Nov,17
 

http://www.newsroompanama.com/news/panama/opinion-time-varela-show-moral-authority

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“Depressed” Panama needs moral judges, reform

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Demonstrators at the Supreme Court will be back if things go awry
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PANAMA needs to guarantee the appointment – in December – of new judges of recognized experience, and moral solvency and reform its institutional framework,   to ensure solidity and independence of justice, while affirming the frontal struggle against corruption and impunity, “ says The Chamber of Commerce, Industry and Agriculture.

In a statement issued Sunday, November 19, the Chamber also suggested the removal of  bureaucratic hurdles “that now discourage investments capable of enhancing all our competitive advantages”

The chamber pointed out that while the economy of Panama will register this year one of the strongest estimated growths in the region –

of approximately 5.2% – by sectors linked to international trade such as the Panama  Canal, seaports and airports trade in general, industry and agricultural sector remains “depressed”.

It recommends that it is necessary “as a priority” to evaluate the most recent Index of Global Competitiveness of the Global Economic Forum.

“This international measurement clearly indicates the route to be followed.

 

http://www.newsroompanama.com/business/panama-4/depressed-panama-needs-judges-morals

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OPINION: Dirty Business ruling

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Demonstration at Supreme Court
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THE SECOND SUPERIOR Court of Justice recognized the complexity of the New Business case in a decision in which he granted an extra  term of one year – renewable for another year – to investigate the network of corporations and bank accounts that facilitated the purchase of a medium of communication, supposedly with public funds, during the government of ex-president Ricardo Martinelli.  This decision recognizes the result of the investigation conducted by the First Prosecutor’s Office against Organized Crime and puts the scope of these investigations in proper dimension which, like the Odebrecht case, involves numerous elements that justify its declaration of complexity. Society demands more and more loudly that the truth behind the alleged embezzlement of public funds comes to light, and that the culprits, in addition to paying for their crimes, return everything stolen to the treasury. Soon this same court must decide on the adequacy of the terms of the Odebrecht case.   We Panamanians need to recover tranquillity and renew trust in our institutions. So, gentlemen, your role in the fight against corruption is Fundamental and your failure will make history. We will be vigilant! … La Prensa Nov, 19
 

http://www.newsroompanama.com/opinion/opinion-watching-panama-courts

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28 minutes ago, Moderator_02 said:
THE SECOND SUPERIOR Court of Justice recognized the complexity of the New Business case in a decision in which he granted an extra  term of one year – renewable for another year – to investigate the network of corporations and bank accounts that facilitated the purchase of a medium of communication, supposedly with public funds, during the government of ex-president Ricardo Martinelli.

This case is also discussed here. 

 

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Varela  facing Odebrecht donation questions

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WHILE President Juan Carlos Varela is basking in the afterglow of his trade mission to China, Civil groups and other apart from Martinelli controlled Panama America, are questioning  his party’s role in the Odebrecht scandal,

The Independent Movement (Movin), which played a prominent role in Varela’s election has harshly questioned the Panameñista Party over the “donations” that he would have received from the Odebrecht company in the  2009 campaign through a friend.

According to Movin, so far “the Party Panameñista has offered few and unconvincing explanations about the meaning and scope of monies that today we know were received by the party and some of its representatives. ”

“It is imperative that after the judicial investigation process, we have the firm conviction that nobody escaped by a political or economic shield, ” it said.

According to Movin, “it is clear that the penetration” of the political class through “donations” to candidates with more options, to “win a favor” is one of the characteristics of “the web of public corruption” that has hit Panamanian democracy

.The former ambassador of Panama in South Korea, Jaime Lasso Del Castillo, confirmed – in an investigation conducted by the Public Prosecutor’s Office on September 4, that he received money from André Rabello, representative of Odebrecht in Panama, for the electoral campaign of the Panameñista Party in the year 2009.

At the end of October, the Panameñista Party issued a statement in which it tried to distance itself from the reports.

On November 9, Varela said that in his campaign as vice president in 2009, he received help from a person linked to Odebrecht, at a time when the Brazilian construction company was not questioned on any irregular issue. “Those donations were reported to Electoral Tribunal, “he argued.

 

http://www.newsroompanama.com/news/panama/varela-facing-odebrecht-donation-questions

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“Intermediaries” detail bribes transfer to  ministers

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Judge, Óscar Carrasquilla approved plea bargains
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THREE Intermediaries have revealed how they funnelled bribery money from the Odebrecht construction company to two key cabinet ministers in the Ricardo Martinelli administration.

José Luis Saiz Villanueva, Olmedo Méndez Tribaldos and Jorge Espino Méndez  confessed to the  Special Anti-Corruption Prosecutor that  through societies and accounts in which they appeared as signatories – the ex-Ministers Frank De Lima (Economy and Finance) and Jaime Ford Castro (Public Works) would have received money from the so-called “Box 2” (The Odebrecht bribery department).

They told how they were contacted by the former ministers and how they agreed to receive payments through companies whose accounts they opened in the Banca Privada de Andorra (BPA).

Méndez Tribaldos and Espino Méndez have penalty agreements, validated by the twelfth criminal judge, Óscar Carrasquilla. Espino Méndez confessed to following instructions from Ford, while Méndez Tribaldos and Saiz Villanueva claimed to have received money that was destined for De Lima.

Saiz Villanueva said  that between 2012 and 2013 he accepted a request from the then finance minister to receive the payments, although the final recipient was the ex-minister himself. He told him that André Rabello – Odebrecht superintendent in Panama- would contact him to give instructions.

Rabello received him at the Odebrecht office in Punta Pacifica, where he signed the opening of an account in the name of Herzone Overseas Limited.

“Rabello himself indicated to me that he would give instructions for the creation of the company and the account where it was going to be paid, “he said, for which he gave Rabello a copy of his ID and gave him his personal information. He then traveled to the principality for a meeting with members of the BPA who had requested to know him personally to open the account.

Saiz Villanueva said De Lima informed him that the payments to the account would be “in its first stage in the order of $ 2.5 million”; that later more  would be received

“After pondering this, I considered that it was not correct, and I asked both of them, Rabello and De Lima, that they will not continue with the payments, which were suspended. I understand that I was foolish to have received this payment and I left funds in the account to return them to Panama, “said. Saiz Villanueva

“I feel sorry for having accepted those payments. That’s why I avoided meeting with De Lima and with Rabello on those topics. I saw them socially, but we did not meet to talk about that theme because I avoided them, “said Saiz Villanueva.

He said he took $370,000 from the account of Herzone Overseas Limited as payment for the services that his company Tractebel Engineering -in which he worked until 2014- offered to Odebrecht.

He said that the $370,000 received for his professional services was in addition to the $2.5 million that Odebrecht deposited in the same account, for De Lima.

“I was definitely paid only for my professional services,” said Saiz  Villanueva.

 

http://www.newsroompanama.com/news/panama/intermediaries-detail-bribes-transfer-ministers

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There are many critics in Panama of the manner in which the Public Ministry has handled the Odebrecht file. The former head of Transparency International opines that they're doing OK.

Jose Ugaz: Panama advances in Odebrecht case

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The former president of Transparency International, José Ugaz, considers that in Panama, the advances of the Odebrecht investigations have been well-known. In declarations offered to the newspaper “La Prensa of Panama” Ugaz explained that “in an unavoidable way it is about complex investigations. Brazil has been carrying out this research for four years and elements that are of high value for research in Brazil and other countries in the region are appearing. Therefore, it is a little unfair to demand from countries that have only begun to research a year ago to produce results at the level of those who have been researching for more than four years”.

About Panama Ugaz stressed that there was a slow start to the inquiries however “it has been progressively moving and speeding up and nowadays it seems to me that it is one of the countries that is advancing interestingly in terms of preliminary investigations. The problem of what is observed in Panama is that what is being done in the Public Prosecutor’s Office. The Judicial Branch is being held up and it seems that there is little institutional and political will concerning justice to make the work of the Prosecutor's Office easier”.

The former president of International Transparency participated in a forum organized by Parlatino, in the framework of the 34th ordinary assembly, in Panama City. From there, he emphasized that Panama, Peru and Guatemala are the countries with the most advances in the Odebrecht investigations “we must understand that these are investigations that are not going to be solved in 48 hours, or in six months, or in a year. The great corruption plots take a long time to be dismantled.”

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Panama’s Black Money Club

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Black money suspects, Ford, De Lima and Martinelli sons

FIVE  HIGH PROFILE  Panamanians named by informers in Brazil and Panama as recipients of bribes have two things in common, they all call the witness statements lies,  and they all had links to a Panamanian company created to channel black funds from the Odebrecht, through the bribery department known as “Box 2”.

Aeon Group Inc. sent millions of dollars to former ministers of the previous administration, as well as the sons of ex-president Ricardo Martinelli, say the informers.

Aeon Group Inc is one of dozens of Odebrecht companies formed to keep Panama corruption oiled along with other countries in the area reports La Prensa.

They are part of a group under the control of Odebrecht Box 2, which sent black funds to Kleinfeld Services, a company linked to conspicuous members of the ruling  Panameñista Party reveals the   La Prensa investigation.

The partnership which unites several former ministers and the sons of former President Ricardo Martinelli is a  club, whose common denominator was to receive dirty money from the Brazilian group.

The company  was created in Panama, but the money deposited to the designated persons   by the Odebrecht  bribery department went  to  Switzerland and/or Andorra

Aeon Group is related, to companies that, in turn, have been linked to the Martinelli sons, Ricardo Alberto and Luis Enrique Martinelli Linares; to former Minister of Public Works Jaime Ford; to ex-finance minister  Frank De Lima; to tawyer Mauricio Cort and other companies investigated by the Public Ministry.

Versatility
The Aeon Group paper company, had great versatility when it came to signing multi-million dollar agreements says La Prensa. e.g., the Martinelli Linares brothers’ societies.

Mengil International Limited,  one of the companies linked to them signed an agreement for the supply of fuel, to the  Aeon Group. But the contract was fictitious and was to justify to he Private Bank of Andorra the arrival of $13.4 million to their accounts in that bank.

The same happened with Pachira Limited.  The company signed an advisory agreement with Aeon Group, in which the latter would be the client and Pachira the consultant with contract in hand, to justify k the transfer of $16.5 million, In total, the Martinelli brothers received about $30 million from the Aeon Group, for the alleged sale of fuel and for expensive financial advice.

To allay suspicions, the accounts of both companies were subscribed by people other than the brothers because at that time – as children of a ruler – they were politically exposed persons (PEP).

There is evidence connecting  Aeon Group with other companies that were intermediaries for black funds from Odebrecht, in Andorra.

The third agreement signed by Aeon Group was, with Westfall. It was a real estate investment advisory agreement, in which Aeon would be the client and Westfall the adviser. The paper company said it needed advice for the promotion of works valued at $200 million in the  Dominican Republic and Panama, For these “services”, Westfall would receive $4 million.

According to the whistleblowers, the purpose of the contract was to justify to the bank the transfer of bribes to Ford, who denies linkage.

There is evidence from local and Brazilian informers, that the Ralfim company is linked to former  Finance Minister Frank De Lima, who would receive $7 million.

De Lima says they lied to harm his good name and reputation, but an unexpected bonanza knocked on his door immediately after entering the public service in 2009.

José Luis Saiz Villanueva, confessed to anti-corruption prosecutors: “I received a request from Frank De Lima to receive payments on his behalf. I accepted the request and he told me that André Rabello would contact  me.” Rabello – then head  of Odebrecht Panama- told him that in addition to paying $370,000  to Herzone Overseas Limited,  for his professional services “other payments were going to be included for Frank De Lima.” The first would be $2.5 million and then $2 million more.

According to a second whistleblower and signatory of the Ralfim Limited account -Olmedo Méndez Tribaldos-  received $3,250,000.  This was the fourth contract signed by Aeon Group in favor of officials and Panamanian entrepreneurs, to be able to receive black funds from Odebrecht without raising suspicions. due to the PEP status of senior officials, it was necessary to use the services of frontmen.

Aeon Group also sent funds to a company -Cort Business Brokers & Consultors Inc.- managed by local lawyer  Mauricio Cort,   related to several offshore companies under investigation by the Public Ministry.

Box 2
Odebrecht’s “Box 2” managed dozens of foreign companies to handle the millions of dollars paid in bribes to political leaders and officials or their families.

The accounts were managed by financial operators who had a portfolio of societies from which they distributed bribes. on the orders of  The Structured Operations Sector, made transactions according to the instructions of each country manager.

 

http://www.newsroompanama.com/news/panama/bribery-suspects-common-link

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Ruling party skips $10 million black money queries

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PANAMA’S   governing party is facing a backlash from civil society as it continues to avoid explaining multi-million dollar “donations” of black money from the bribery department of the Odebrecht company.

The Panameñista Party, currently headed by the brother of  President Juan Carlos Varela received as much as $10 million from companies linked to ex-diplomat, doctor and lobbyist Jaime Lasso,

The party treasurer  Carlos Duboy has been the focus of investigations by the country’s leading newspapers, La Prensa and La  Estrella but failed to answer questions as the party committed to eradicating government corruption, struggles to come up with a strategy to douse the flames now breaking through the early smoke cloud.

“The entire country requires an explanation from the party that is in power and that promised a different action and promised to fight against corruption and now it is known that they received money from Odebrecht and have not explained the circumstances, “said Lina Vega, President of the Panamanian chapter of Transparency International.

Vega questioned the silence of the Panameñistas and warned that the “whole country is waiting for an explanation to a very confusing fact … first, they said that there was no donation, but when they had to accept the fact they have not explained the circumstances. ”

La Prensa sent a questionnaire on November 27 to party treasurer Duboy, to explain the origin of the donations he received through Lasso, but they remain unanswered.

Lasso stated that he received money from Odebrecht, which he then handed over to the collective. Media has been able to corroborate that at least $6.5 million was received from companies controlled by Lasso.

Guillermo Márquez Amado, former Electoral Tribunal (TE), judge said that what happened after the “donations” that the party would have received raises two areas to investigate.

The first, he said,  would be a possible violation of the  Criminal Code because it was money allegedly from criminal activities. The second,  could be investigated by the electoral route since the law prohibits donations from foreign companies.

Olga De Obaldía, executive director of the Foundation for the Development of Citizen Liberty

aid  that  “the citizenship requires and deserves an explanation because there is a fatal connection between the private financing of candidates and parties in political campaigns and then the undue influence in governmental management”

On the subject of donations to governments, President Varela, in an interview with Telemetro on March 17, said: “You know how many schools we have repaired with My School First, that the contractors had to donate.”

 

http://www.newsroompanama.com/news/panama/ruling-party-skips-10-million-black-money-queries

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Judge named  for  appeal against Odebrecht ruling

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JUDGE María De Lourdes Estrada, of the Second Superior Court of Justice, has been named as rapporteur in the appeal filed by the Special Anticorruption Prosecutor’s Office over the decision of the substitute twelfth criminal judge Lania Batista, who denied the adequacy of the terms of the bribery investigation over bribes paid by Odebrecht.

The proceedings of the Odebrecht case are paralyzed until the court resolves the appeal.

 

http://www.newsroompanama.com/news/panama/judge-named-appeal-odebrecht-ruling

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Panama scrambles to access frozen black funds

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THE LIQUIDATION of  The Private Bank of Andorra (BPA), which was used to hide scores of millions of  bribery dollars  for Panamanians  linked to the Odebrecht scandal, including the sons of ex-president Ricardo Martinelli has $190 million frozen.

That includes  $70 million in deposits and another $60 million in fixed income. In turn, the bank had deposits of $ 100 million,  $60 million of these frozen in Andorra and $40 million in Panama. To guarantee the return of client funds, the liquidators of both entities in Panama must have access to money frozen by Andorrans reports La Prensa.

Marelissa Quintero, Superintendent of the  Panama Securities Market, indicated that in view of the need to complete the BPA settlement as soon as possible, they made an official visit to Andorra in October to seek operational agreements and redouble efforts in order to do more to reach the blocked assets.

Media reports in Madrid said that   “In its day  BPA was one of the symbols of the international expansion of the financial sector of the Pyrenean country and ended up becoming the image of the worst practices in the industry, after the United States accused it  of laundering the money from international crime network. One of its longest arms was the one that crossed the Atlantic Ocean to  Panama.”

“Panama, in fact, underlines that the decision to liquidate the firm is taken before the administrative silence of the Andorran authorities, responsible for BPA”

“Faced with this situation, Panama decided to initiate the forced liquidation of the Panamanian subsidiary of BPA and ordered to suspend all banking operations of the firm that, it asserts, has “a balance with sufficient assets to pay all depositors.”

 

http://www.newsroompanama.com/news/panama/panama-scrambles-access-frozen-black-funds

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$199 million airport add-ons spark criminal probe

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THE ODEBRECHT tender for the construction of the new terminal at Tocumen International  Airport ballooned from $691.7 million to $874 leading a judge to conclude that “this is a crime against public administration, in which there is a possible injury to the State for a considerable sum,

The Special Anti-Corruption Office, headed by Zuleyka Moore,  is investigating possible injury the State for $ 199 million, including additional costs and addenda that were granted to Odebrecht after the signing of the contract.

It brings the number of ongoing investigations involving  Odebrecht to 23.

The latest originated from a complaint lodged in July 2016 by Panamenista deputy Jose Antonio Dominguez, who warned that the  2012 contract between Odebrecht and Tocumen International “was designed for the company to achieve addenda … which caused patrimonial injury for the State “.

Dominguez argued that the construction design of the airport expansion was not functional and would remain as a monument since the planes could not access the new boarding gates and passengers would have to leave the current building and take a vehicle to get to the new terminal.

According to Dominguez, everything was done for the addenda after the contract was signed.

After the deputy’s complaint, Moore provided a preliminary report of the Criminal Analysis Unit which concluded that there are “signs of irregular management” in the addenda and costs added to the contract.

The unit suggested that it was important to appoint a multidisciplinary team to analyze the increments approved through the addendum, to obtain the necessary financial information to confirm whether the resources of the State were affected

The prosecutor obtained other evidence in the investigation: forms of measurement on the contract and its addendums; spreadsheet for measuring additional costs;  an authenticated copy of the technical proposal presented by Odebrecht; and a copy of the basic design adjusted to the addenda.

The Office of the Comptroller General indicated that it had not been able to authenticate all disbursements made to indicated persons because it needs to verify the records, payrolls and checks in all the public sector entities, and asked the Prosecutor’s Office for a reasonable extension to comply with the request.

A final report is a pending from the Criminal Unit and the analysis of the Comptroller General to establish if the design and construction of the terminal were met.

The prosecutor was granted an extension of eight months for the investigation

The latest probe by the Special Anticorruption Prosecutor’s Office is added to another 22 related files with Odebrecht, including bribes paid through banks in Switzerland, the case of the Southern International Construction Company and the bribes disbursed to officials and individuals in Panama.

 

http://www.newsroompanama.com/news/panama/199-million-airport-add-ons-spark-criminal-probe

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Ex tribunal judge joins appeal against Odebrecht ruling

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Lawyer and former  Electoral Tribunal (TE), judge  Guillermo Márquez Amado, presented an appeal on Monday, December 11 for third-party involvement before the Second  Superior Court to support the request of the Public Ministry (MP) asking for an extension to continue investigations in the Odebrecht bribery case.

The appeal, seeks to revoke the decision of  Substitute judge Lania Batista, who as Twelfth Criminal  substitute judge denied an adjustment at the end of the investigation for the bribes The Anti-corruption prosecutor, Zuleyka Moore, appealed the ruling.

“We are making use of our status as citizens to support the claim of the Prosecutor, to continue investigating without a two-month time limit.” said Marquez Amado on behalf of civil groups. Monday .”

The investigation into the Odebrecht bribery scandal is currently suspended, pending the response of the Second Superior Court.

 

http://www.newsroompanama.com/news/panama/ex-tribunal-judge-joins-appeal-odebrecht-ruling

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