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Saturday, August 13, 2022

Millionaire Estate Guarantees Carlos Polit’s Bail in Miami; There is almost nothing in Ecuador. Policy | news

It took nearly five years for Ecuadorian justice to issue a mandate to execute the sentence against 71-year-old Carlos Polite, an order that would hardly be fulfilled. The former state comptroller was sentenced to six years in prison and paid $40.4 million.i.e., in the Odebrecht case, to ask for a bribe in return for a favor.

This corresponds to four times the amount Polit received from Odebrecht, according to the sentence: $10.1 million. He asked for these bribes to disappear several flashes for problems in the construction of the San Francisco Hydropower Plant and not to issue other economic sanctions related to the Manduriacu projects, the Dol Vince Transfer, the Pascuals Cuenca Pipeline and the Pacific Refinery.

The judicial process began in August 2017, when Polit was already in the United States. The first conviction was issued in July 2018 and came into force three years later after all appeals and requests were sent. And only in May of this year, a court issued a mandate to complete the sentence, giving Polit five days to pay $40.4 million, an order that was not made.

Now, officials will have to determine what assets Polit has in Ecuador to seize them, but they will barely cover 40 million.

To date, the Attorney General’s Office has identified a suiteA parking lot and a warehouse at the Swissôtel in Quito. According to the municipal cadastre, the cost of these items is $81,740. In that suiteAccording to the ruling, Polite received $6 million in cash from Jose Conceicao Santos Filho. The rest of the bribe was given through international transfers.

Among his evidence, Jose Santos presented an audio of a conversation with Polit, which was made public in August 2017.

In the last affidavit, which he submitted as a public official in 2017, Polit recorded that suiteA piece of land in Guayas, two bank accounts in Ecuador and a loan receivable. The total value of these properties was $175,000, which is a third more than the state’s repairs.

Polit did not declare any assets abroad. However, when the prosecutor’s office charged him, it was established that Polit owned an apartment in Miami, the company Tecnocarga Express and Travel, Inc., in Florida (United States), and five banks in the same country. Used to eat

The situation is different in the judicial process of the Polit in the United States. He was arrested on March 28 of this year, charged with money laundering as a result of bribes reaching up to $8 million, most of which were from Odebrecht.

to regain freedom Polit’s sons gave thirteen properties totaling $11.7 million as collateral, In addition, fifteen relatives of the former comptroller signed a $14 million guarantee.

This could not happen in a judicial case of this magnitude in Ecuador. Ecuadorian law has a figure similar to bail, called a surety, but it can only be applied in crimes whose maximum punishment is not more than five years in prison, explains Homero Cepeda, professor of criminal law at the University of America. Huh. In other words, it cannot be applied in cases of embezzlement, money laundering or illegal association.

Alexei Moskera offered a car as repair

Another case for millionaire bribes paid in Ecuador by construction company Odebrecht was that of former electricity minister Alexi Mosquera and this is the one that has been processed the fastest. The process began in April 2017, nearly a year after the sentence was issued and the mandate for its execution was resolved in November 2020. Two and a half year process.

Mosquera was sentenced to five years in prison; While his father, Antonio Mosquera Salcedo and his uncle, Marcelo Andara Montenegro, received three years, While the trial against Antonio Mosquera’s partner Santiago Jativa has been suspended because he is a fugitive.

The three sentenced were fined $2 million in compensation to the state, which This is in line with doubling the amount Alexei Moskera received as a bribe from Odebrecht in exchange for a guarantee of public funding for the construction of the Tochi Pilaton hydroelectric plant.

According to the sentence, Odebrecht transferred a one million dollar bribe to a bank account in Andorra, a European tax haven, in the name of a Panamanian. Tokyo Traders SA From there it was transferred to another account, also opened in Andorra, in the name of another Panamanian company, Percy Trading Inc. These operations were carried out with the help of Marcelo Andara.

a part of that money was used to buy machinery The Ecuadorian companies Autoservíos SA (owned by Alexei Moscera) and TruEnergy SA (owned by Antonio Moscera and Santiago Jativa). Bank transfers were also made in favor of these two national companies with the bribe money, but the capital again went to another Panamanian company, Marvelland Investments SA, which controlled Endara.

Quito. – In the Torres de l’ Inca housing complex, north of Quito, there is an apartment belonging to Marcelo Andara Montenegro, who has been sentenced for money laundering in the Odebrecht case. Alfredo Cardenas / The Universe. Photo: Alfredo Cardenas

The order of execution of the sentence established that the $2 million in reparations should be divided into three equal parts between Alexei Moskera, his father, and his uncle.

Alexei Moskera offered to deliver a car from the year 2010 and proposed to reach an agreement so that, when he had a job, he would distribute 25% of his salary to cover repairs within a maximum period of fifteen years.

Antonio Mosquera, on the other hand, declared in the process that he was an eighty-year-old man with no assets and with three bankruptcy proceedings, And that he has nothing to fulfill the obligation.

There is no response to the execution command from Endara in the file. In the cadastre of the municipality of Quito, he appears as the owner of an apartment in a housing complex located in the El Inca sector in the north of the city, which is worth $51,400. Cosmos visits the place and asks about Endara. Guards approached him via the condominium switchboard and a woman responded with reassurance: “Marcelo is sick and can’t talk about it.”

Decision not final yet

Along with the trial of illegal affiliation, in which most of the participants in this corruption network were prosecuted, the prosecutor’s office opened three money laundering cases against some of them. In two, those indicated were relieved of liability. Only one case was successful until the sentencing.

The process focused on the involvement of the Ecuadorian companies Diaselac SA and Conacero SA, which helped Odebrecht obtain cash for bribing, according to the judicial investigation.

A court issued a sentence, which was later modified on appeal. At the moment, seven years in prison have been ordered against Edgar Arias (already dead) and three and a half years in prison against three others: an accomplice and two former employees of Diaselac.

On appeal, conditional suspension of sentence was granted to all three. This implies that, instead of serving a prison sentence, they should stay in their homes, not leave the country without judicial permission, and appear before a judicial authority every month.

In addition, the sentence set in at $29.2 million in damages, more than twice the amount that was laundered. The majority corresponded to the amount recorded in the accounts of Dieselk and Conacero, totaling $23.4 million. These companies were initially declared responsible, but were acquitted on appeal. Both are still active.

How the punishment will be enforced will be known only after the sentencing and there is still a long judicial drag for this.

Millionaire Estate Guarantees Carlos Polit'S Bail In Miami; There Is Almost Nothing In Ecuador. Policy | News
QUITO.- Building located at Av. Occidental and Flavio Alfaro, north of Quito, where the construction company Diaselec SA worked, which took part in the Odebrecht corruption scheme. Alfredo Cardenas / The Universe. Photo: Alfredo Cardenas

According to the Quito Municipal Cadastre, the building where Diaselec worked is worth $1.3 million. EDAR appears as the trust owner, where dgar Arias is still registered as the beneficiary. A funeral home now operates on the property.

It is not known whether the recovery of $105 million will be possible from the reassessment or when the rest of the investigation will be completed. There is a lot of doubt about this. The Odebrecht case marked a break in the country, as it was the first time that the republic’s vice president and other high-ranking officials could be tried for taking bribes to perform public functions. (yo)

,This article is part of a series “Journey to the Center of Lava Jato” Conducted by the Network of Journalistic Inquiry Structured with the participation of Country (Argentina), Metropoles (Brazil), the Latin American Center for Journalistic Research (Colombia), the universe (Ecuador), fifth element lab (Mexico), press (Panama), IDL Reporter (Peru), Southeast (Uruguay) and armando.info (Venezuela).

World Nation News Desk
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