COURT UPHOLDS CHARGES AND PRE-TRIAL DETENTION AGAINST MAYOR OF LA ANTIGUA, GUATEMALA

Guatemala, December 17, 2012. First Court "B" for High-risk Matters confirmed the pre-trial detention and charges of money laundering, embezzlement, fraud, extortion and criminal association of Adolfo Vivar Marroquín, mayor of La Antigua Guatemala. Vivar Marroquín is accused along with other people of committing acts of corruption during his tenure as mayor of the municipality.

At the review hearing on the charges and detention measure, the accused sought to lift the aforementioned charges and face a sole charge of culpable embezzlement. If he were to achieve this, Judge Miguel Ángel Gálvez would grant Vivar Marroquín an alternative measure and he would thus be released.

The Public Prosecutor's Office (MP) and the International Commission against Impunity in Guatemala (CICIG) opposed the petition made by Vivar Marroquín, because there was a risk that the official could block investigations. Therefore, Judge Miguel Ángel Gálvez confirmed that Marroquín should remain in custody on the same charges.

Under this case, Boris Alexander Asencio, treasurer of La Antigua, is also being prosecuted on charges of money laundering, embezzlement, fraud, extortion and criminal association. Furthermore, on charges of criminal association, money laundering, and a special case of fraud, the following persons were linked to proceedings: Leonel Rodrigo Amado Molina, former brother-in-law of the mayor and the person responsible for directing businesses registered under the names of other individuals, and María Mercedes Reyes Carías, a bank employee.

As well as the following business representatives: Adriana del Carmen Castillo Recinos de Coloma, Ana Elisa Coloma Gaytán de Amado, Aurelio Cuy Chávez, José Armando Arrecís Ramírez, Claudia Suzzette Vela Sagastume, Josué Renato de la Roca Sagastume and César Eduardo Castellanos Álvarez.

Production of evidence
In another hearing to produce evidence, held last Friday, Judge Gálvez accepted treasurer Boris Alexander Asencio as an effective cooperator. Asencio offered a statement, as anticipated evidence, detailing the manner in which the structure led by Vivar Marroquín and Amado Molina operated. The judge ordered the award of protection measures for Asencio and his family to avoid any retaliation being taken against them.

Background
The investigations carried out by the Money Laundering Prosecutor's Bureau and CICIG established that Vivar Marroquín and the other accused parties comprised a structure that took municipality funds by creating 11 ghost companies (between 2008 and 2012). A number of these ghost companies were construction companies which were awarded overvalued projects.

An alternative method used to take municipality funds was the payment of alleged municipality employees and the payment of services that were never rendered. Furthermore, it was established that family and financial ties existed between Vivar Marroquín and the representatives of the aforementioned companies; however, the law prohibits such business activity.

CICIG acts as a complementary prosecutor in this criminal proceeding.