STATEMENT 019 | Photo: CICIG.

A judicial order was issued to carry out 20 search warrants, 19 arrest warrants, 13 subpoenas to individuals and legal representatives of 20 companies. All these actions were performed within the framework of a joint investigation between the Special Prosecutor’s Office against Impunity (Fiscalía Especial contra la Impunidad) of the Attorney General’s Office (Ministerio Público, MP) and the International Commission against Impunity in Guatemala (CICIG).

SUMMARY OF THE CASE

The joint investigation carried out by FECI-CICIG established the steps and actions followed by a criminal structure to launder asset and money. They used different types of companies (corporations, limited partnerships, and off-shore companies) owned by or related to Gustavo Adolfo Herrera Castillo to launder the money illicitly obtained from a trust agreement (embezzlement and other criminal activities) entered into between the Guatemalan Social Security Institute (Instituto Guatemalateco de Seguridad Social, IGSS) (Adherent Trustor – Trustee), Grupo Empresarial UNISERV S.A. (Trustor-Trustee) and Bank One S.A. (Escrow Agent). This criminal group, made up of individuals and legal entities, carried out fractioned transfers to the financial system, in local and foreign currency, to conceal and give the money legitimate appearance.

BEHAVIORS BEFORE THE MONEY LAUNDERING

 Illegal Origin of Money

The case at an early stage in the Anti-Corruption Prosecutor’s Office established the form and the parties involved in the irregular subtraction of IGSS money of technical reserves for social assistance programs.

The case that FECI and CICIG jointly presented today considers the sentences that the Anti-corruption Prosecutor’s Office pronounced on previous money laundering offenses.  In that first stage, there is enough evidence of their agreement, illegal origin of money and the existence of a structured criminal enterprise. These are some of the individuals related to the current case that were sentenced for the actions and crimes mentioned above (especially embezzlement- misappropriation of money), but not for money laundering.

1. CESAR AUGUSTO SANDOVAL MORALES: convicted for extortion, embezzlement, abuse of authority, and fraud. The resolution of the Eleventh Court “leaves open a criminal proceeding against the persons and entities incorporated in corporations that intervened in the events by which Mr. Sandoval Morales is tried and the present judgment must be certified to the Attorney General’s Office to start or continue with the corresponding investigation”.
2. JORGE MARIO NUFIO VELA: convicted of embezzlement and abuse of authority. In its resolution, the Sentencing Court ordered to certify the evidence against SALVADOR AUGUSTO SARAVIA CASTILLO, LUIS EDUARDO SAENZ DE TEJADA and ALVARO STEIN BARILLAS as it is necessary to establish whether they participated in these actions.
3. CARLOS RODOLFO WOHLERS MONROY: convicted for embezzlement, extortion, fraud, and abuse of authority.
4. EDWIN SAÚL NATARENO SAYES: convicted of aiding and abetting.
5. RIGOBERTO DUEÑAS MORALES and ROLANDO WALDEMAR CASTAÑEDA LEMUS were acquitted.

The judgments made the remark that the money was embezzled (i.e., public funds were illegally misappropriated). In turn, they condemn the behavior of officials, as is the case of IGSS board of directors and manager; and in some cases, they also reproach the behavior of individuals like EDWIN SAUL NATARENO and MARCO TULIO ACOSTA ZAC, the latter was the expert who made a disproportionate assessment of the farms acquired by the trust with IGSS monies.

In these judgments, the board requests to certify the relevant crimes that were not judged. The case presented today analyzes and credits the course of that money, the stages of the money laundering crime, and the destination of funds (some of the people who received the money).

Reopening the case

The money misappropriated from IGGS health program funds through a Housing Trust (involving IGSS, Grupo Empresarial UNISERV S.A., and Banco Uno, S.A.) was investigated as a result of a report of the Superintendency of Banks, Special Verification Intendency IVE No. 829-2004 of July 21, 2004, file number M0001-2003-167, as well as the complaint filed by the Guatemalan Social Security Institute of January 24, 2005, which led to the opening of the file No. MP510-2005-3 in the Prosecutor’s Office against Other Asset and Money Laundering. The investigation was dismissed on August 27, 2014.

However, a joint analysis by FECI – CICIG allowed for the reopening of the case. According to documentary evidence, this criminal structure laundered money or other assets misappropriated specifically from public funds through operations in the financial system that were detected in 2003, but no sentence was issued for that crime.

Several analyses and verifications were performed and information was obtained from related processes with current evidence against several people. The investigation was based on voluminous investigations contained in more than 250 ministerial dossiers relating to previous cases (Prosecutor’s Office against Corruption) and money laundering (Prosecutor’s Office against Money Laundering). This was evidenced in PNC-CICIG police reports and the analysis of money transactions.

The case was delivered to FECI, and once it was reopened, 19 arrest warrants (17 in the national territory and two abroad) were issued. 13 subpoenas were issued to individuals and 20 citations to enterprises, through their legal representatives. So far, ten persons were arrested.

PEOPLE TO BE ACCUSED

1. Agustín Leonidas Castro, anarrest warrant for other asset and money laundering.
2. César Augusto Sandoval Morales wasarrested for other asset and money laundering.
3. Claudia Lili Guerra Lucero wassubpoenaed for other asset and money laundering.
4. Claudia María Meléndez Vargas, an arrest warrant for other asset and money laundering.
5. Edna Roxana Martínez Marroquín, anarrest warrant for other asset and money laundering.
6. EnmaAlcira Felipe Orellana, an internationalarrest warrant for other asset and money laundering.
7. Francis EstuardoCux wassubpoenaed for other asset and money laundering.
8. Francisco Castellanos Hernández, anarrest warrant for other asset and money laundering.
9. Gustavo Adolfo Herrera Acevedo, anarrest warrant for other asset and money laundering.
10. Gustavo Adolfo Herrera Castillo, aninternational arrest warrant for conspiracy to commit other asset and money laundering and for other asset and money laundering.
11. Hugo Leonel Marroquín Carrera was subpoenaed for dereliction of duty.
12. Irma Johanna Pinto Cifuentes was subpoenaed for other asset and money laundering.
13. JeowanStuardo Vasquez Cervantes was subpoenaed for denial of justice.
14. Juan Carlos Herrera Cardona, arrest warrant for other asset and money laundering.
15. Juan Carlos Pinzón Salazar, arrest warrant for other asset and money laundering.
16. Juan Ramos Felipe wasarrested for other asset and money laundering.
17. Leonardo Ezequiel López Sarceño wasarrested for other asset and money laundering.
18. Marco Antonio Mendoza Gramajo wassubpoenaed for other asset and money laundering.
19. Mario Arriola Cuc wasarrested for other asset and money laundering.
20. Mario Rolando Sarceño was arrested for other asset and money laundering.
21. Martha Eugenia Reyes Archila de Cortés was subpoenaed for other asset and money laundering.
22. Lesly Patricia Velásquez Castillo was subpoenaed for other asset and money laundering.
23. Óscar Rafael Perdomo Castañeda was subpoenaed for other asset and money laundering.
24. Rodolfo IsaíasSamayoa Escobar was arrested for other asset and money laundering.
25. Rubén Reyna Soto was arrested for other asset and money laundering.
26. Sergio Alfredo Herrera Acevedo was arrested for other asset and money laundering.
27. Sofía Esmeralda Quisquinay Álvarez was subpoenaed for other asset and money laundering.
28. Walter Silvino Herrera Orozco was arrested for other asset and money laundering.
29. Walter Antonio Vargas Soto was arrested for other asset and money laundering.
30. Cintya Magaly Cabrera Álvarez was subpoenaed for other asset and money laundering.
31. Luis René Morales Bolaños was subpoenaed for other asset and money laundering.
32. Jorge Mario Álvarez was subpoenaed for other asset and money laundering.

COMPANIES TO BE ACCUSED

1. GRUPO EMPRESARIAL UNISERV S.A.
2. ESCABEL MANAGEMENT GROUP LTD
3. HELENSBURG INC.
4. ARRIOLA INGENIEROS CONTRATISTAS S.A.
5. AGROPECUARIA LA CRESTA S.A.
6. FABRICACIÓN DE QUIMICOS S.A.
7. GALENTE TRADING LIMITED
8. GATEVILLE HOLDINGS CORPORATION
9. JEKYLL PROPERTIES S.A.
10. MIROS HOLDING S.A.
11. REPRES AINTERNACIONAL S.A.
12. MACORIS HOLDINGS CORP.
13. AMERICAN TRADING CORPORATION
14. INNOVACIONES INMOBILIARIAS. S.A.
15. INMOBILIARIA, CONSTRUCTORA Y PROYECTOS S.A.
16. PERICLES S.A.
17. AFRODITA S.A.
18. ASESORÍA Y CONSULTORÍA ATENEA S.A.
19. CONSEJEROSMÉDICOS S.A.
20. CHAJBABUCH S.A.

CASE PRESENTATION

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