STATEMENT 018 | Photomontage: CICIG.
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 (MinisterioPúblico, MP) and the International Commission against Impunity in Guatemala (CICIG), 21 raids were carried out this morning in Alta Verapaz, Guatemala, Chimaltenango, Zacapa and Suchitepéquez. These actions were part of a comprehensive corruption case involving mayors, members of the city council of Lanquín, individuals, and companies close to the authorities and the Comptroller General’s Office.
Background
The case originates in three complaints of alleged irregularities in the administration of the municipal budget of Lanquín, Alta Verapaz, as well as in the allocation of the money from several loans. They provided details on an illegal agreement among the Mayor, the Municipal Council and people close to these officials.
The MP together with CICIG took over the investigation of the case, and the existence of a criminal structure made up of different actors was confirmed. First, this structure consisted ofthe Mayor and the members of the city council. Secondly, they were joined by other individuals (the Mayor’s relatives and operators of the criminal structure) and legal persons (corporations), who, in collusion with the Mayor and the council, committed different crimes. Thirdly, the criminal involvement of officers of the Comptroller General’s Office, who are obliged to ensure compliance with and respect for the regulations, was alsoestablished.
Several investigations were carried out to arrive at these conclusions. They included 12 police reports PNC-CICIG; one preliminary financial report from DAC-MP; two forensic reports fromCICIG’s Forensic Analysis Unit; one preliminary report fromCCIG’s Criminal Analysis Unit;31 interviews to and ministerial statements from people directly related to the events; one raid in the Municipality of Lanquín; 49 petitions from the MP to financial and banking institutions; 11 petitions to CGC, and two petitions to the Supreme Electoral Tribunal; among others.
Facts
Between 2009 and 2013, the municipality of Lanquín awarded hundreds of direct purchases, as well as construction projects to both fictional and legal companies that had falsified their invoices, and paid them 9,644,654.06 quetzals.
The criminal structure stole the personal data of several individuals or created companies with false information that billed the Municipality for alleged “direct purchases.” On the other hand, they also falsified invoices of existing individual companies to justify the charges for works that did not exist and services that were never rendered.
Finally, contracts were awarded to companies whose owners or legal representatives were willing to give the Mayor a “commission” for the awarding. This commission was received by Francisco Pop, who took direct charge of the projects contracted with the municipality. Only between 2009 and 2013 the municipality awarded eight companiesa total of Q33,620,779.07;seven of them presumably worked as described above.
All the previous irregularities, as well as the awarding of fraudulent loans to the municipality, were carried out in collusion with some officials of the Comptroller General’s Office.
Table 1: Presentation of the case
Source: Based on the investigation.
THE PEOPLE CURRENTLY DETAINED ARE :
- ModestaCaalCaal
- Flory Judith Pop Caal
- Oscar Tiul Chen
- José Alberto Pan Ico
- Antonio Elías López Guerra
- Lilian Margarita Coy Chen
- Oscar Heriberto Chub Tot
- Concepción Misael SequénSinay
- Ernesto Ottoniel Alfaro Hernández
- Ismael Valter Aldi Bermudez
- Victor Ramos Bailón
Meanwhile, 9 people were summoned to testify.
PEOPLE TO BE ACCUSED: MUNICIPAL OFFICIALS
No. | NAME | CRIME/OFFENSE |
1 | Francisco Pop Pop | CONSPIRACY, FRAUD, MISAPPROPRIATION, EMBEZZLEMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
2 | Jorge Enrique Macz Ramos | CONSPIRACY, FRAUD, MISAPPROPRIATION, EMBEZZLEMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
3 | Oscar Heriberto Chub Tot | CONSPIRACY, FRAUD, MISAPPROPRIATION, EMBEZZLEMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
4 | Victor Ramos Bailón | CONSPIRACY, FRAUD, MALVERSATION, EMBEZZLEMENT AND CONCUSSION |
5 | Federico Choc Morales | FRAUD AND EMBEZZLEMENT |
6 | Carlos Rigoberto Cu Choc | FRAUD AND EMBEZZLEMENT |
7 | José Can Cul | FRAUD AND EMBEZZLEMENT |
8 | Lilian Margarita Coy Álvarez | CONSPIRACY, FRAUD, MALVERSATION, EMBEZZLEMENT |
9 | José Alberto Pan Ico | CONSPIRACY, FRAUD, MISAPPROPRIATION, EMBEZZLEMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
10 | Rene Almilcar Coy | CONSPIRACY, FRAUD, MISAPPROPRIATION, EMBEZZLEMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
11 | Oscar Tiul Chen | CONSPIRACY, FRAUD, MISAPPROPRIATION, EMBEZZLEMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
PEOPLE TO BE ACCUSED: OFFICIALS OF THE COMPTROLLER GENERAL’S OFFICE
No. | NAME | CRIME/OFFENSE |
1 | Ismael Valter Aldi Bermúdez | CONSPIRACY AND PASSIVE BRIBERY |
2 | Mario Eduardo Sánchez Rivera | CONSPIRACY AND PASSIVE BRIBERY |
PEOPLE TO BE ACCUSED: FAMILY AND FRIENDS OF THE FORMER MAYOR
No | NAME | CRIME/OFFENSE |
1 | ModestaCaal de Pop | CONSPIRACY, MONEY LAUNDERING AND ILLICIT ENRICHMENT |
2 | Flory Judith Pop Caal | ILLICIT ENRICHMENT |
3 | Alejandro Pop Pop | ILLICIT ENRICHMENT |
4 | Jaime Anibal Coy Álvarez | CONSPIRACY, FRAUD, ILLICIT ENRICHMENT, MISAPPROPRIATION, EMBEZZLEMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
5 | Antonio Elías López Guerra | CONSPIRACY, FRAUD, ILLICIT ENRICHMENT, MATERIAL AND IDEOLOGICAL FALSEHOOD, FALSIFICATION OF PRIVATE DOCUMENTS, AND USE OF FORGED DOCUMENTS. |
PEOPLE TO BE ACCUSED: ENTREPRENEURS
No | NAME | CRIME/OFFENSE |
1 | Concepción Misael SequenSinay | CONSPIRACY, FRAUD AND ACTIVE BRIBERY |
2 | María Guadalupe García López | ACTIVE BRIBERY |
3 | Carlos Vinicio Sosa Aldana | CONSPIRACY, FRAUD AND ACTIVE BRIBERY |
4 | Lidia Aurora CuculJuc | ACTIVE BRIBERY |
5 | José Leonel Guillermo Valiente | ACTIVE BRIBERY |
6 | Ernesto Otoniel Alfaro Hernández (intermediary between officials ocCGC and the municipality). | CONSPIRACY, FRAUD AND ACTIVE BRIBERY |
COMPANIES USED IN THE DIFFERENT CRIMINAL EVENTS
NAME | CRIME/OFFENSE |
TRANSPORTES LUCERO MULTISERVICIOSCAAL TRANSPORTES Y CONSTRUCCIONESCÓRDOVA FERRO AGRO MARTZ CONSTRUCTORA Y TRANSPORTEGIRÓN MATERIALESYAXCAL MADERASTROPICALES DEL NORTE SERVICONSTRUCCIONES LA PEDRERA CONSTRUCTORA Y TRANSPORTES BARRIENTOS INCCO CONSTRUCTORA SOSA CONSTRUCTORAARCHITRAC ABJ&HNCONSTRUCCIONES MULTISERVICIOSELÉCTRICOS PROYECTOS, CONSTRUCCIÓN Y DISEÑO S.A. PROCODI | These companies do not respond directly but through their administrators, managers and/or legal representatives, since the events occurred before the reform on criminal liability of legal persons. However, several precautionary measures will be requested against these companies. |
CASE PRESENTATION:
COM-018-20190410-Corrupcion-integral