STATEMENT 003 | Photo: CICIG.
Today, the National Civil Police provided support to the Attorney General’ Office to execute arrest warrants. Also, the Special Prosecutor’s Office against Impunity (Fiscalía Especial contra la Impunidad, FECI) and the International Commission against Impunity in Guatemala (Comisión Internacional contra la Impunidad en Guatemala, CICIG) requested impeachment proceedings, and subpoenas were issued to the initial hearing in the case of Illegal Electoral Contributions to the Unidad Nacional de la Esperanza (UNE) party in the 2015 election campaign.
It is a joint investigation carried out by the Attorney General’s Office with the support of CICIG. The Commission did not participate in these operations.
Background
In the context of the “Influence Peddling” case (January 2018), which revealed the existence of a structure linked to the payment of bribes to expedite tax credit in the Superintendency of Tax Administration (SAT), financial movements were detected from the accounts of the company Ingeniería Integral, S.A. to the company MAARIV, S.A.
Marlon Estuardo Marroquín Silva, son of Giovanni Marroquín Navas, who is linked to La Línea and the Influence Peddling cases was the manager of Ingeniería Integral. While supervising the operations of MAARIV, S.A., it was established that Mario Leal Castillo used these accounts to make contributions to the UNE party. A new line of investigation allowed to build this new case.
The Case
The investigation revealed that UNE used the companies MAARIV, S.A., Promotora de Recursos Habitacionales, S.A. (PROHABSA) and Grupo Empresarial San Felipe S.A. to collect and manage some of the funds they received in a structure that was parallel to the official campaign finance data, thus eluding the oversight of these funds.
Through these companies, the party received contributions that were the result of kickbacks charged for streamlining credit return records in SAT. A portion of this money was received through the account of G&T Continental, S.A. Bank No. 47-0003676-4 under the name of MAARIV, S.A into the official campaign account No. 82-0002841-5 of G&T Continental, S.A. bank, under the name of the political party.
As mentioned, the funds came from INGENIERÍA INTEGRAL, S.A., a company that deposited a total of Q3,458,407.84 in the accounts of MAARIV S.A. and PROMOTORA DE RECURSOS HABITACIONALES, S.A. These funds were merged with other funds and used for UNE campaign expenses.
Some candidates, who are now members of Congress, used people affiliated to the party and messengers that worked in Mario Leal Castillo’s companies to cash for them checks issued by MAARIV, S.A.
A third company, GRUPO INMOBILIARIO EMPRESARIAL SAN FELIPE, S.A., whose legal representative is Mr. Julio Cesar Ixcamey Velásquez, currently member of Congress by the UNE party and COMPAÑÍA INDUSTRIAL SOLESA, S.A., linked to the family of vice-presidential candidate, Mr. Mario Roberto Leal Castillo were used to direct the funds to the two companies that managed the money.
UNE did not report to the Supreme Electoral Tribunal these contributions for Q. 19,531,753.10.
The conclusions of the investigation are based on the analysis of documentary, testimony and scientific evidence gathered through more than 21 raids, 60 testimonial statements, and reports of the Supreme Electoral Tribunal (TSE), banking institutions and CICIG criminal and analysis reports.
ARREST WARRANTS
No. | NAME | OFFENSE |
1 | Mario Roberto Leal Castillo | Conspiracy, unreported campaign contributions (Article 407 “O”), and illegal electoral financing (Article 407 “N”). |
2 | Mario Roberto Leal Pivaral | Unreported campaign contributions (Article 407 “O”). |
3 | Rodrigo Leal Castillo | Unreported campaign contributions (Article 407 “O”). |
4 | Luis Fernando Pérez Vargas | Conspiracy, unreported campaign contributions (Article 407 “O”), and money laundering. |
5 | Carlos Enrique López Girón | Conspiracy, unreported campaign contributions (Article 407 “O”). |
6 | Julio Cesar López Villatoro | Conspiracy, unreported campaign contributions (Article 407 “O”). |
7 | Guillermo Alejandro Sierra Sierra | Conspiracy, unreported campaign contributions (Article 407 “O”). |
8 | Susana Patricia Castellanos | Unreported campaign contributions (article 407 “O”) and tax evasion. |
9 | Gustavo Adolfo Alejos Cámbara | Conspiracy and unreported campaign contributions (Article 407 “O”). |
10 | Victor de Jesús Duarte Mendoza | Conspiracy and unreported campaign contributions (Article 407 “O”). |
11 | Maynor Feizal Zimeri Corado | Conspiracy and unreported campaign contributions (Article 407 “O”). |
12 | Juan Pablo García Castro | Conspiracy, unreported campaign contributions (Article 407 “O”) and perjury. |
SUMMONS TO FIRST STATEMENT
No. | NAME | OFFENSE |
1 | Antonio Juan Cristiani Burkard | Unreported campaign contributions (Article 407 “O”). |
2 | Per Michael Erichsen Rydhager | Unreported campaign contributions (Article 407 “O”). |
3 | Héctor Ricardo Quan Serrano | Tax Evasion |
4 | Enrique Sánchez Hernández | Tax Evasion |
5 | Héctor Rafael Leal Valdés | Unreported campaign contributions (Article 407 “O”). |
6 | Nelson Alexis García Morales | Unreported campaign contributions (Article 407 “O”). |
7 | Edín Alberto Álvarez Pérez | Unreported campaign contributions (Article 407 “O”). |
REQUEST FOR IMPEACHMENT
No. | NAME | OFFENSE |
1 | Sandra Julieta Torres Casanova | Conspiracy, unreported campaign contributions (Article 407 “O”). |
2 | Karina Alexandra Paz Rosales | Unreported campaign contributions (Article 407 “O”). |
3 | Jairo Joaquín Flores Divas | Conspiracy, unreported campaign contributions (Article 407 “O”). |
4 | Julio César Ixcamey Velásquez | Conspiracy, unreported campaign contributions. |
5 | Jorge Estuardo Vargas Morales | Unreported campaign contributions (Article 407 “O”). |
6 | Pedro Raymundo Cobo | Unreported campaign contributions (Article 407 “O”). |
7 | Ángel Ren Guarcas | Unreported campaign contributions (Article 407 “O”). |
Captures:
So far, four persons were captured:
- Juan Pablo García Castro
- Víctor De Jesús Duarte Mendoza
- Gustavo Adolfo Alejos Cámbara
- Guillermo Alejando Sierra Sierra
Four people were already fugitive as they are required in other processes. Other proceedings are pending.
PRESENTATION