Moderators Moderator_03 Posted May 6, 2023 Moderators Share Posted May 6, 2023 Quote Way cleared for ‘ New Business’ trial of Martinelli and cohorts Bailosa Marquinez Posted 05/05/2023 The First Settlement Court for Criminal Cases cleared the way for the trial of 20 people for money laundering through the New Business company for the acquisition of Editora Panamá América (Epasa), after rejecting an incident of recusal presented by the lawyer Ernesto Mora Valentine, on behalf of Moussa Daniel Levy, one of the defendants, against the second judge liquidating criminal cases, Baloisa Marquínez. The recusal presented by the lawyer Mora Valentine kept the execution of any judicial proceeding, in this case, paralyzed, since the recusal prevented Judge Marquínez from executing proceedings in the process. Through auto vario No. 138 of April 26, the first judge in charge of criminal cases, Mariela Quezada, decided to dismiss the challenge filed against Marquínez, considering that it was a delaying action in the process. Quezada argued that the arguments presented by Mora Valentine do not show that Judge Marquínez made her efforts outside of the powers that correspond to her as a judge, nor that she maintains any type of interest in the conviction of Moussa Daniel Levy. At the same time, Judge Quezada maintains that it is understandable that disagreement occurs in the free exercise of the legal profession, but that this does not imply that a manifest enmity is automatically incurred. Mora Valantine alleged that Judge Marquínez took actions that demonstrate her interest in obtaining a conviction for her client and that she also denied him a series of evidence that would be used in the trial, violating the principle of probation. In addition, she assured that Judge Marquínez had compromised her objectivity as a result of the enmity towards her represented in this case. However, Judge Marquínez in her response to the recusal incident, assured that she did not have any type of animosity against any of those investigated in this process and that the lawyers can present the pertinent resources to object or question their decisions made within this process. The trial for the New Business case is set for May 23 to June 5 to approve the presentation of 67 testimonial evidence, 27 expert opinions, and six expert opinions. The investigation began in 2017, when the Specialized Prosecutor's Office against Organized Crime revealed that the purchase of Epasa was managed through a basket company called New Business and that the money contributed came from contracts granted to various companies for the alleged execution of works of public infrastructure, during the administration of former President Ricardo Martinelli, one of the defendants https://www.newsroompanama.com/news/way-cleared-for-new-business-trial-of-martinelli-and-cohorts Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 17, 2023 Author Moderators Share Posted May 17, 2023 Quote Court rejects latest Martinelli ploy in New Business case Posted 16/05/2023 The Criminal Case Settlement Court flatly rejected a warning of unconstitutionality presented by the legal defense of former President Ricardo Martinelli reports TVN. The brief within the process called New Business, in which the Specialized Prosecutor's Office Against Organized Crime charged 20 people for the alleged commission of the crime of money laundering to the detriment of the State for the purchase and sale of the Panama América Editorial group (EPASA ). According to information published in edict No. 205, Martinelli's defense filed the brief against Article 764 of the Judicial Code. The cited article says the following: "There will be no recourse against the qualifying orders of impediment, but whoever does not agree with the declaration of illegality of the impediment may challenge the judge or magistrate who declared it." The edict in reference was published on May 15, 2023, and was heard by judges Manuel Mata Avendaño, Secundino Mendieta and José Hoo Justiniani. The Court for Settlement of Criminal Cases also has to resolve the appeal of the trial order, after at least seven defense attorneys filed briefs against what was approved by the second judge of criminal cases, Baloisa Marquínez. The trial is scheduled for May 23 to June 5, 2023. https://www.newsroompanama.com/news/court-rejects-latest-martinelli-ploy-in-new-business-case Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 18, 2023 Author Moderators Share Posted May 18, 2023 Quote Martinelli recycles old ploy to dodge trial Posted 17/05/2023 With only Six days left before the trial of the New Business case, that follows the trail of the purchase of Editora Panamá América S.A. (Epasa), allegedly with public funds, former President Ricardo Martinelli appears in a photograph lying in a hospital bed. The photograph was published in a tweet by Luis Eduardo Camacho, his long-time mouthpiece who has monopolized the words “political persecution” to describe any moves against the former president forced him to cancel a scheduled national tour, former President Martinelli will undergo his third surgery in one hour. On the recommendation of his doctors and due to a relapse in his spinal problems, hope for his speedy recovery keep him in your prayers. ”says the message made public at 12:40 p.m. Wednesday, May 17. The trial in the New Business case is scheduled to take place between May 23 and June 5, 2023. The first indications that medical incapacity would be one of Martinelli's attempts to avoid trial, came to light on Sunday, May 14, when he appeared at the Hosanna Apostolic Community. That day, Pastor Edwin Alvarez prayed to him, and in the middle of the prayer he asked God to guide "the surgeon", "the nurse" and "the whole team". Old ploy In June 2021, Martinelli used the same strategy on the eve of the trial in the puncture case. On June 20, 2021, he underwent “major surgery” on his spine., the announcement was made by Camacho. The Judicial Branch told La Prensa that in the event that any of the 20 defendants in the New Business case cannot appear on May 23, the process will not be suspended, since they are all duly represented by their lawyers. In the specific case of Martinelli, he could follow the trial through a video. Through edict No. 205 of May 12, posted on the notice board of the Superior Court of Appeals of the First Judicial District, a new judicial appeal was denied to Martinelli's legal team for the New Business case. On this occasion, the Superior Court for Settlement of Criminal Cases flatly rejected a warning of unconstitutionality presented by the lawyer Luis Eduardo Camacho González, representing Martinelli. Last week, the First Court of Justice did not admit protection of guarantees presented by the defense of José Carlos and Nicolás Corcione Pérez Balladares against the resolution issued by the second judge liquidating criminal cases, Baloisa Marquinez, for which they are called to trial. Previously, the First Criminal Case Settlement Court resolved an incident of recusal that was presented by the lawyer by the lawyer Ernesto Mora Valentine, on behalf of Moussa Daniel Levy, one of the defendants in the case. The challenge filed against Marquinez, was rejected considering that it tried to delay the process. https://www.newsroompanama.com/news/martinelli-recycles-old-ploy-to-dodge-trial Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 19, 2023 Author Moderators Share Posted May 19, 2023 Quote Another Martinelli escape route blocked Posted 18/05/2023 Former President Ricardo Martinelli invoked the electoral criminal jurisdiction within the process called New Business, but it was flatly rejected by the second judge for Criminal Cases, Baloisa Marquínez. The decision is due to the fact that there is a ruling of the Supreme Court of August 2022, where a ruling of the Plenary of the Electoral Tribunal is declared unconstitutional, which revokes in all its parts what was dictated by the Second Administrative Electoral Court, which ordered the lifting of the electoral criminal jurisdiction for the ex-president. In view of the existence of said ruling by the magistrates of the Plenary of the Court, Judge Marquínez " ordered that the legal effects of this ruling be maintained, that is, of resolution 2-22 of February 23, 2022, issued by the Court Second Electoral Administrative of the present case "underlines a statement from the Official Organ. The criminal judge in the case highlighted in her decision against the former president's brief, that since there is a firm and enforceable pronouncement by the electoral administrative authorities, article 314 of the Electoral Code says: " Once the criminal electoral jurisdiction has been lifted within of a process, it will not be necessary to apply again for any other situation. The ruling of the Second Criminal Case Settlement Court announces the ruling when there were five days left for the trial of the New Business case where 20 people are prosecuted for alleged money laundering and anomalies in the purchase of Editorial Panama America. https://www.newsroompanama.com/news/another-martinelli-escape-route-blocked Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 24, 2023 Author Moderators Share Posted May 24, 2023 Quote Martinelli’s presidential ambitions could be stymied by New Business An image circulated on social media by Martinelli. Posted 22/05/2023 Former President Ricardo Martinelli’s hopes of returning to power rest on more than gaining the most votes. Starting Tuesday, and for 10 business days, the hearing of the New Business case in which 20 people, including Martinelli are charged with alleged money laundering which carries a sentence of 5 - 12 years in prison. The result of the trial is key to his 2024 political agenda.In the event that the judge determines his guilt, the ruling will surely be appealed before the Second Court of Justice and if the decision is confirmed and appealed again, it will be the Supreme Court of These judicial times may be decisive for his name to appear on the ballot next May 2024. In this context, Martinelli's defense, and the rest of the defendants - most of them businessmen - will do everything in their power to avoid a guilty verdict in the first instance, or in the most immediate scenario, suspend or postpone the hearing. . The first logical action of the former president's jurists will be to present all possible legal resources to delay the trial. Until now, the Judicial Branch assured that the judge complied with the notification to all parties and that they are prepared to hold the substantive hearing. Similarly, last November when the preliminary hearing was held, alternate public defenders were appointed in order to guarantee the right to defense, in the event that private technical defenders did not appear. In November, the defense of the former president managed to postpone the trial date thanks to two appeals, a challenge against the judge and a medical disability. DISABILITY However, the plenary session that should start tomorrow does not contemplate any further postponements. It is possible that the strategy of Martinelli’s legal team presents a medical disability as a result of a spinal surgery that he underwent last week and that still keeps him in recovery. A fact that the former president made sure to communicate to public opinion through his social networks in which he published images when he was about to enter surgery and later showed the fragments of the damaged disc that were replaced. In such a case, the judge must decide whether to continue the hearing on the merits without the physical presence of Martinelli considering but represented by Luis Eduardo Camacho Jr., the main attorney in the case. Along these same lines, his lawyer, who was unable to respond to this medium's concerns about being 'unwell', will resort to an infinity of legal resources as broad as the creativity and knowledge of his legal team says La Estrella But, in addition to Martinelli's defense strategy, the lawyers for the remaining 19 defendants will do the same, acting on the basis of their own legal interests.The time it takes for the judge to resolve all the appeals, or in any case the period required by a higher court, may allow Martinelli to make judicial times more flexible to strengthen his electoral participation and, in the event of receiving an unfavorable verdict in the first instance, that the period of the appeals prevent his electoral disqualification on December 31, the date on which the Electoral Tribunal must firmly announce all the nominations and proclamations.In the midst of the predictions about what may happen in the trial, there are also those who calculate the political times against the speed in which the case will develop in the courts of first and second instance, until the cassation.Before the end of the trial, scheduled until June 5, the date of the RM presidential primaries stipulated in the electoral calendar on June 4, in which Martinelli will have no problem confirming his presidential candidacy. The New Business case dates back to March 2017, after an investigation by the Organized Crime Prosecutor's Office that identified the purchase of the shares of Editora Panamá América through a complex scheme involving legal and natural persons. The Superior Court of Criminal Cases recently admitted documentary evidence and 11 testimonials, but also rejected a warning of unconstitutionality https://www.newsroompanama.com/news/martinellis-presidential-ambitions-could-be-stymied-by-new-business Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 24, 2023 Author Moderators Share Posted May 24, 2023 Quote The New Business trial begins Tuesday The liquidating judge for criminal cases, Baloisa Marquínez, called 21 people to trial Posted 22/05/2023 On Tuesday, May 23, the long-delayed money laundering trial known as the New Business case, leading to the purchase of Editora Panamá América S.A. (Epasa) with alleged public funds is set to begin with former president Ricardo Martinelli one of 21 accused. La Prensa has published 10 facts that have come to light during the six years that the investigation has been going around the courts. The case began in 2017 during the government of Juan Carlos Varela, when Kenia Porcell was in charge of the Attorney General. The Specialized Prosecutor's Office Against Organized Crime has led the process. Basket Company New Business was a "basket" company created to raise funds and finalize the purchase of the media group. In July 2022, during a hearing in the case, prosecutor Uris Vargas argued that the purchase of Epasa was managed through an intricate network of corporations that received money from companies; which, in turn, received contracts for infrastructure works in the government 2009-2014. Part of those funds went to New Business. Among the companies contracted with the State that, according to the Public Ministry, contributed funds to the basket company are: Transcaribe Trading (TCT), Excavaciones del Istmo, Financial Pacific, Constructora Corcione, Condote Panama and Associates, among others. One of the witnesses told the prosecution that "a senior official of the Presidency of the Republic" was the one who coordinated the collection of bribes and advances, through the Ministry of Economy and Finance, money that was later diverted to New Business. That senior official pressured businessmen to collaborate with the delivery of funds for the acquisition of Epasa. Circle Zero Gabriel Gaby Btesh, a merchant who was considered a member of Martinelli's circle zero, confessed to the Public Ministry that he received funds from David Ochy, one of the owners of the TCT company, to manage the purchase of the group of media. He said the instructions were given to him in writing. The contributions that TCT would have came from money for the contract for the design and construction of the Arraiján-La Chorrera highway. Ochy is one of those called to trial, Ochy is a presidential candidate for Realizando Metas, a party founded by Martinelli. Martinelli's participation was accredited, according to the prosecution, since it was proven that the former president: contacted Panamanian State contractors, contributed $11.4 million through Ricamar Financial Company Inc., ordered the first payment of $5 million for the purchase of Epasa, and integrated the sum of $10 million obtained through a loan from Global Bank to the company Inmobiliaria TPA, S.A. In the hearing held with Martinelli in November 2022, the prosecutor cited a statement by lawyer Ricardo Chanis, who for a time presided over Epasa, in which he certifies that 60% of the company's shares are under the control of Martinelli. The remaining 40% was held by Henry Mizrachi Cohen, who transferred some shares to the Panamanian State when he learned of the investigation for alleged money laundering. In March 2021, the Public Ministry reported that it was possible to establish that through a complex scheme, $43.9 million was transferred for the purchase of the Epasa group and $9.2 million was recovered "in shares, which were remitted to the National Treasury." In the November 2022 hearing, the prosecutor also cited the statements of the Spaniards Julio Casla García and Eugenio Del Barrio Gómez, directors of the company Fomento de Construcciones y Contratas (FCC) offered on June 24, 2019, at the Embassy of Panama in Madrid. They said that Martinelli contacted them through the lawyer Mauricio Cort and they were informed that all the invoices pending payment by the company in Panama would have a surcharge of 10%. At that time, FCC was in charge of the Ciudad Hospitalaria project (today Ciudad de la Salud). The liquidating judge for criminal cases, Baloisa Marquínez, called 21 people to trial for alleged money laundering and requested the dismissal of nine other people. https://www.newsroompanama.com/news/the-new-business-trial-begins-tuesday Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 26, 2023 Author Moderators Share Posted May 26, 2023 Quote Judge rejects delay ploys on first day of New Business trial Judge Baloisa Marquínez Posted 24/05/2023 The New Business case, in which the purchase of Editora Panamá América, S.A. is being investigated. (Epasa) with allegedly public funds, took an important step in court on, Tuesday, May 23, the first day of the trial of held of 21 defendants for the alleged money laundering. Former President Ricardo Martinelli, the main shareholder of Epasa. And David Ochy did not appear. They followed the process through a virtual format. Judge Baloisa Marquínez, in the absence of Martinelli, revealed that Luis Eduardo Camacho González, Martinelli's main defender, has covid-19, for which he presented a medical certificate of disability. Marquínez asked Ricardo Massa, from the public defense, to assume the representation of the ex-governor. It was revealed that the former president also presented a medical disability. Last week, when there were only six days left for the trial, his spokesman Luis Eduardo Camacho Castro was in charge of disclosing a photograph in which the ex-governor is in a hospital bed. He said his boss had undergone spinal surgery for the third time. After Massa was presented as Martinelli's public defender, the lawyer Oliver Quiel Miranda appeared, who said he had a power of attorney that accredits him as Martinelli's substitute lawyer. Bizarre performance Quiel filed a request for estoppel against the judge (due to the sentimental relationship they had 17 years ago), announced a reconsideration appeal, requested that the trial be rescheduled, presented a medical certificate of disability and a report from the internist Julio Sandoval and asked for a 15-minute break to go to the bathroom. All requests were rejected by the judge. Regarding the request to reschedule the trial, she recalled that article 2268 of the Judicial Code prevents suspending the trial dates when they have already been postponed once. In this case, the New Business trial was held on an alternate date. Regarding the medical condition of the former president, on May 17, 2023, a report signed by Julio Sandoval was provided, where it is confirmed that he is in the recovery phase from back surgery. Sandoval reported that Martinelli must undergo rehabilitation therapy for 60 days. Once again, Marquínez dismissed the petition, explaining that the illness alleged by Martinelli is not a sudden ailment and that the hearing date was set months in advance. It is not the first time that Martinelli has had back surgery on the eve of a trial: he did it with the puncture case two years ago. That case was also in the court of Marquínez, who on that occasion did not want to postpone anything either and, when Martinelli found out about it, he appeared in the courtroom with the help of a walker. The whole country witnessed the Quiel performance since the act was broadcast live by the Judicial Branch on its YouTube channel. Shortly after, Quiel was replaced by lawyers Carlos Carrillo and Alfredo Vallarino, from the legal team that usually defends Martinelli. https://www.newsroompanama.com/news/judge-rejects-delay-ploys-on-first-day-of-new-business-trial Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 26, 2023 Author Moderators Share Posted May 26, 2023 Quote New Business Posted 25/05/2023 Businessman Gabriel Gaby Btesh and lawyer Ricardo Chanis, who actively participated in the purchase of Editora Panamá América, S.A. (Epasa), presumably with public funds were the first prosecution witnesses to testify on May 24, the second day of the New Business trial. It was reiterated that for the acquisition of Epasa, in 2010, various corporate schemes were used with the purpose of obtaining money from companies that signed contracts with the State for infrastructure works, in the five-year period 2009-2014, when Ricardo Martinelli was President. In the investigation, it has been proven that Martinelli is the main shareholder of Epasa and is one of the 15 defendants who are currently on trial for alleged money laundering. It was announced that commercial structures "permissive to money laundering" were used, such as factoring, corporations, trusts and false real estate purchase and sale contracts, among others, in a period of two weeks (from December 15 to 29, 2010) allowed the collection of $43.9 million for the purchase of the media group, deposited in a "basket" account in the name of the New Business company. The court order mentions a report prepared by the Judicial Investigation Directorate (DIJ), which details there is no commercial relationship between the individuals and companies that made deposits to New Business for the purchase of Epasa since its shareholders were Martinelli and, to a lesser extent, the businessman Henry Mizrachi, who already handed over his shares to the State. Gaby Btesh, a member of Martinelli's inner circle when he was president, was the first witness presented by the Special Prosecutor's Btesh confessed that he received funds from David Ochy Diez, one of the owners of the contractor company Transcaribe Trading (TCT), to manage the purchase of Epasa. He e said that those instructions were given to him in writing. The contributions that TCT came from the payments received as part of the contract with the Ministry of Public Works (MOP), for the design and construction of the Arraiján-La Chorrera highway. Btesh testified that in December 2010, Martinelli called him and asked him to "please" receive some funds that Ochy would send, to transfer to the New Business account, "for the purchase of the newspaper Panama America ”. “Having said that, David Ochy calls me and tells me that Martinelli had called him to inform him that he had to transfer some money to the New Business account. When he told me the amount, $3 million, I informed him that it was too much money for me to receive and I had to ask my brother [Mike Btesh] and his partner [Danny David Cohen] for a favor so that they would receive a part of the money that Ochy was giving me" he narrated. Ochy issued three checks to the accounts of MDM, Fursys Latin Corp, and Silver Bell Inc. These three companies received approximately $300,000 (each) from TCT. Additionally, his personal accounts received about $2 million. He later bought cashier's checks and these were deposited to the New Business account at Global Bank. Now, all of them are accused: the Btesh brothers, Danny Cohen and David Ochy, although the latter is not part of the trial, since the process was declared broken, because he enjoys electoral jurisdiction as a presidential candidate for Realizando Metas (RM), the party that Martinelli founded. Btesh said that he "had no relationship" with the New Business company and did not participate in the purchase of Epasa shares. He revealed that he reached a collaboration agreement with the prosecution https://www.newsroompanama.com/news/member-of-martinellis-inner-circle-testifies-in-new-business-trial-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 28, 2023 Author Moderators Share Posted May 28, 2023 Quote NEW BUSINESS: Witness in the box six hours returns Monday Elisio Abrego, unruffled expert witness. Posted 27/05/2023 On the fourth day of the trial in the New Business case, expert witness Eliseo Ábrego described the corporate and financial scheme that was used to collect $43.9 million in the New Business Services company account, funds with which the purchase of Editora Panamá América was completed. Ábrego took the stand at 4:20 p.m., as a witness required by several defense attorneys, including the legal team of former President Ricardo Martinelli who according to the investigation is the main shareholder of Epasa and is one of the 15 defendants. prosecuted since May 23, in the court presided over by criminal judge Baloisa Marquínez, for alleged money laundering. The expert, an accountant by profession, said that he works in the money laundering division of the Judicial Investigation Directorate (DIJ) of the National Police and has 24 years of experience. He was in charge of preparing the financial document used by the Public Ministry to support its theory of the case. Reading from a document, the expert said: “They wrote them a cashier's check for $27 million 395 thousand and canceled a loan at Banco General for $12 million 500 thousand. They paid $1,742,197 to the National Treasury, which represents the value of the transfer of the shares in tax (...)”, He explained that part of that transaction is related to infrastructure projects granted by the State. "Money came from there to pay either part of the shares or to pay part of the loans that had been requested at the Savings Bank," he said. He confirmed that Epasa's shares were transferred to three companies. The file shows that one of those was TPAHC, which in the investigation appears linked to Martinelli, who had 60% of the shares of Epasa. The rest was divided into two companies, each with 20%, controlled by Henry Mizrachi. During six hours of badgering by defense lawyers, who were sometimes admonished by the judge Abrego never lost his composure. He will return to the witness box on Monday, August 30. https://www.newsroompanama.com/news/new-business-witness-in-the-box-six-hours-returns-monday Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 31, 2023 Author Moderators Share Posted May 31, 2023 Quote NEW BUSINESS: Expert witness stands firm against defense attacks Posted 30/05/2023 Monday was another long and exhausting day for expert witness Eliseo Ábrego in the New Business trial. The accountant spent five hours on the stand answering questions from eight lawyers: seven defenders who were questioning his audit of the $43.9 million that entered the New Business account in December 2010, and the prosecutor who was defending his theory of the case: that Epasa was acquired with public funds. The defenders tried to delegitimize his work, but the expert with nearly 25 years of service defended his investigation. Ábrego detailed the existence of structures that allowed money laundering, including factoring, corporations, trusts, and false contracts to collect $43.9 million for the acquisition of the publishing group, which publishes the newspapers Panamá América, Día a Día and Crítica. It concluded that the final beneficiaries of the Epasa publishing group were Ricardo Martinelli, through Corporación e Inversiones Multimedios, with 60%. The remaining 40% corresponded to Henry Mizrachi (20%) and other shareholders (20%). https://www.newsroompanama.com/news/new-business-expert-witness-stands-firm-against-defense-attacks Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted May 31, 2023 Author Moderators Share Posted May 31, 2023 Quote Doctor clarifies that he did not sign Martinelli medical disabiity Dr. Julio Sandoval. Posted 30/05/2023 Dr. Julio Sandoval clarified on Tuesday, May 30, that he did not sign the medical disability of former President Ricardo Martinelli, who is one of those facing trial in the "New Business" case. Martinelli was supposed to attend the hearing in the case on May 23 but presented a disability because he underwent surgery for a problem in the lumbar spine on May 17. Sandoval, through his Twitter account, published Martinelli's disability which was signed by neurosurgeon Ricardo Bermúdez. Bermúndez considered that Martinelli should have a 60-day disability "to carry out his usual tasks." That disability is from May 17 to July 15 of this year. “My medical group did a strictly professional job, I have always had a vertical conduct in my professional life. I appreciate the shows of support from my teachers, colleagues, friends, and family patients who have shown me and I will continue as always focused on my profession, ”Sandoval wrote on his Twitter account." Sandoval reiterated that he is the head of Intensive Care at the hospital where Martinelli was operated on. https://www.newsroompanama.com/news/doctor-clarifies-that-he-did-not-sign-martinelli-medical-disabiity Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted June 1, 2023 Author Moderators Share Posted June 1, 2023 Quote David Ochy loses jurisdictional protection in New Business case David Ochy Posted 31/05/2023 The First Administrative Electoral Court of the Electoral Tribunal (TE) accepted a request from Judge Águeda Rentería, who requested that the electoral criminal jurisdiction be withdrawn from businessman David Ochy Diez, in the midst of the investigation that is being followed for the alleged commission of crimes against public administration in the contract for the rehabilitation and widening of the Arraiján-La Chorrera highway. The decision of the electoral court was announced this Tuesday, May 30, by edict. Rentería submitted the request to the TE last April because Ochy acquired the aforementioned legal protection because he ran to compete for the presidential candidacy of the Realizando Metas party, in the elections that this group will hold on June 4. New Business Ochy is one of those investigated for alleged money laundering in the New Business case, that follows the trail of the purchase of Editora Panamá América S.A. (Epasa), supposedly with public funds. The trial of this process, for 15 people, in charge of Judge Baloisa Marquínez, is being carried out these days; but without the presence of Ochy, because he was protected by the jurisdiction. His brother's lawyer, Daniel Ochy, another of those called to trial, has warned over and over again that David Ochy's name could not be mentioned at trial. The company Transcaribe Trading (TCT) is one of those that, according to the prosecution, contributed funds to the New Business company to complete the purchase of Epasa. On Friday, May 27, expert witness Eliseo Ábrego, author of the financial document used by the Public Ministry to support the case, read a list of companies that contributed to New Business. He said that TCT transferred $5 million 50 thousand. It is presumed that this money came from an advance that the Ministry of Economy and Finance gave to the construction company for the contract for the rehabilitation and expansion of the Arraiján-La Chorrera highway. https://www.newsroompanama.com/news/david-ochy-loses-jurisdictional-protection-in-new-business-case Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted June 2, 2023 Author Moderators Share Posted June 2, 2023 Quote NEW BUSINESS: Prosecutor asks for maximum sentence for Martinelli and 12 cohorts Emeldo Marquez. Posted 01/06/2023 At the trial hearing for the New Business case, the Special Prosecutor's Office against Organized Crime, by Prosecutor Emeldo Márquez, requested the maximum sentence against 13 accused, including former President Ricardo Martinelli, for the crime of money laundering after the purchase of the Panamá América publishing house. Márquez requested the maximum sentence of 12 years in prison, plus a half sentence increase for aggravating factors, which would lead the former president and the other 12 defendants to pay up to 18 years in prison. According to prosecutor Márquez, Ricardo Martinelli is the perpetrator of the crime of money laundering because he transferred funds personally and through an intermediary to the New Business account, with full knowledge that these funds corresponded to State contracts with different businessmen. In addition, in his arguments, he requested the acquittal of the defendant's Jack Btesh and Salomón Btesh, two of the co-defendants in the trial. https://www.newsroompanama.com/news/new-business-prosecutor-asks-for-maximum-sentence-for-martinelli-and-12-cohorts Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted June 3, 2023 Author Moderators Share Posted June 3, 2023 Quote New Business Trial ends – Judge has 30 days to rule Posted 02/06/2023 At around 2:40 pm on Friday, June 2, the Second Liquidator Judge of Criminal Cases, Baloisa Marquínez, closed the trial hearing for the New Business money laundering case followed by 15 defendants for the purchase of Editor Panama America (Epasa) in 2010. Marquínez accepted the term of law (30 days) to issue the sentence that corresponds by the law in the criminal case. During the day, the final arguments of the remaining five defense attorneys were developed. On Thursday the Public Ministry requested the maximum sentence of 12 years in prison, for 13 defendants in the case including former President Ricardo Martinelli, for being the perpetrators of the crime of money laundering. In addition, an additional six years for aggravating circumstances was requested along with the acquittal of two others. https://www.newsroompanama.com/news/new-business-trial-ends-judge-has-30-days-to-rule Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted June 5, 2023 Author Moderators Share Posted June 5, 2023 Quote Martinelli labels New Business trial “Political Persecution” Posted 04/06/2023 Former President Ricardo Martinelli returned to his “political persecution” mantra on Sunday, June 4 when he went to vote in the presidential primary elections of the political group that bears his initials (RM). He was referring to the Business trial which ended on Friday, May 26. In the primary elections, Martinelli −leader and president of RM− is one of the four candidates to be the presidential standard-bearer in the elections of May 5, 2024. Martinelli, who presented a medical certificate of disability for 60 days on the same day that the trial of the New Business case began, arrived at the Richard Neumann school on Via Israel, accompanied by his wife, Marta de Martinelli. "Be careful, he has just had surgery," said Martinelli's wife, when he was approached by the media upon his arrival at the school, at 10:15 a.m. Regarding the trial of the New Business case, Martinelli described it as "crude" and "false", which "will destroy justice." He also stated that he "does not care" about the ruling that is given in this process. "My spine is screwed up, I have to take care of myself," said the former president, when asked about his state of health. In fact, he said that he did not campaign "because of my column." Last Friday, after just over 75 hours of sessions in which the arguments of 12 lawyers and two prosecutors were heard, the trial of 15 people accused of alleged money laundering through the purchase of Editora Panamá América, S.A. (Epasa) came to an end. The Public Ministry requested the maximum penalty for 13 people, including Martinelli. https://www.newsroompanama.com/news/martinelli-labels-new-business-trial-political-persecution Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted June 9, 2023 Author Moderators Share Posted June 9, 2023 Quote Martinelli lawyers file complaint against New Business prosecutor Posted 08/06/2023 A group of defense lawyers for former President Ricardo Martinelli denounced the superior prosecutor Emeldo Márquez at the Public Ministry on the afternoon of Thursday, June 8. The complaint was filed by lawyers Ronier Ortiz, Shirley Castañeda, Alejandro Pérez, and Jessica Canto. The jurists also filed a lawsuit in the Public Ministry against the National Immigration Service and the Judiciary for allowing the "protected witness" Henry Mizrachi to leave the country despite being prevented from leaving. According to the complaint, Mizrachi, one of the witnesses in the hearing of the "New Business" case traveled to the United States from January 2 to 30, 2020. The lawyers added that this would constitute "a clear violation" and must be investigated. According to the complaint, the alleged crimes denounced are typified in the Judicial Code. https://www.newsroompanama.com/news/martinelli-lawyers-file-complaint-against-new-business-prosecutor Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted June 10, 2023 Author Moderators Share Posted June 10, 2023 Quote Martinelli lawyer files complaint against trial judge Alfredo Vallarino. Posted 09/06/2023 For not allowing protected witnesses to be questioned during the hearing of the "New Business" case, the lawyer Alfredo Vallarino filed a complaint on Friday, June 9, in the investigation unit in the Court of Integrity and Transparency of the Judicial Branch against Judge Baloisa Marquínez. Vallarino in his complaint asks the Court to investigate Marquínez for his actions in the trial. According to Vallarino, the top prosecutor Emeldo Márquez and Marquínez lied to the country. "A judicial trick was played to avoid the cross-examination of the protected witnesses Henry Mizrachi and Ricarrdo Francolini," said the jurist. Vallarino explained that according to Márquez and Marquínez, the protected witnesses had not been able to be located, but "we all know that at the beginning of the hearing, William Moore presented an excuse on behalf of the protected witnesses." He added that everyone knows where Mizrachi and Francolini are and recalled that they "knew about the hearing and it was said that they could not be located. https://www.newsroompanama.com/news/martinelli-lawyer-files-complaint-against-trial-judge Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted July 18, 2023 Author Moderators Share Posted July 18, 2023 Quote Martinelli gets 128 months jail sentence for money laundering Posted 18/07/2023 Former President Ricardo Martinelli was sentenced to 128 months in prison for money laundering for the purchase of the newspapers Panamá América, Crítica, and Día a Día, in the "New Business" case, and an accessory penalty of $19.2 million which must be paid to the National Treasury in a period of 12 months. Prosecutor Emeldo Márquez had requested the maximum sentence for the former president and 12 others accused of the same crime. Arguing that trial, the defendants deserved 12 years in prison, plus half the sentence for aggravating circumstances, that is, 18 years. Márquez stressed that the defendants used a network of companies and frontmen that simulated "fictitious addendums" to achieve their purposes of diverting money from the State. Others sentenced were Janeth Vásquez, with 60 months in prison; Iván Arrocha, (70 months); Valentín Martínez, (80 months) and Daniel Ochy Diez, (96 months). The accessory penalty for the aforementioned perpetrators of money laundering is: Janeth Vásquez, disqualification from the exercise of public functions; Iván Arrocha, disqualification from the exercise of commerce; Valentín Martínez, disqualification from the exercise of public functions and Daniel Ochy Diez, disqualification from the exercise of law. Judge Marquínez also ordered the dissolution of the companies Inmobiliaria TPA, SA, and TPHC INC., as well as the confiscation in favor of the State of the shares of Editora Panamá América, SA, the administration and its facilities (movable property and estate). ACQUITTED The acquitted are: Gonzalo Germán Gómez Wong, Nicolás Iván Corcione Pérez Balladares, José Carlos Corcione Pérez Balladares, Iván Rafael Clare Arias, Aaron Ramón Mizrachi Malca, Vernon Emmanuel Salazar Zurita, Salomón Jack Btesh, Jack Btesh Hazan, Leo David Cohen Mugrabi and Marcos Abraham Angel Acrich. The investigation began on March 6, 2017, after the judicial investigation office identified that the purchase of Epasa shares was carried out through a complex scheme in which legal and natural persons intervened, who carried out maneuvers to collect, $43.9 million between 15 and December 27, 2010 in a bank account named New Business Service Limited. The investigation by the prosecution indicated that the national circulation newspapers were purchased with public funds from state contracts that were deposited in a basket account called New Business. The ex-president —according to the investigation— telephoned the state contractors to request money for the purchase of the shares of the newspapers. Martinelli is the author of money laundering because he transferred funds personally and through an intermediary to the New Business account, knowing that the funds corresponded to State contracts with different businessmen, the prosecutor established. In addition, frontmen were used to hide the final beneficiaries of the shares and bank revenues were split and high commissions from non-existent state contracts were charged for the purchase of the publisher. The State has managed to recover $9.2 million in shares equivalent to 30% that have been remitted to the National Treasury. Martinelli, 71, faces trial this year for allegedly laundering bribes paid by the Brazilian construction company Odebrecht. In 2021, he was acquitted in a trial for alleged espionage of opponents. Despite the accusations, the former president, who leads some electoral polls, has completed the procedures to run for the May 2024 elections. Martinelli criticized the process against him, as a "political trial."Those convicted still have the option of appealing before the Second Court of Justice. In the event that it is also contrary, they can invoke an appeal. As long as the sentence is not final Martinelli can run for the presidency in the 2024 general elections. https://www.newsroompanama.com/news/martinelli-gets-128-months-jail-sentence-for-money-laundering Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted July 18, 2023 Author Moderators Share Posted July 18, 2023 Quote MARTINELLI SENTENCE - The shady world of business developed from power Posted 18/07/2023 Mixed sentence No. 02, of July 17, 2023, issued by the Second Criminal Case Settlement Court of the First Judicial Circuit of Panama, in charge of Judge Baloisa Marquínez, is a historical document in its own right. The 306 pages of the sentence are an x-ray of the shady world of business developed from power writes lawyer Rodrigo Noriega in La Prensa. From the point of view of Criminal Procedure Law, the judge interpreted the crime of money laundering as an autonomous conduct, whose possible preceding crimes would be a corruption of public servants and embezzlement. In the sentence, Judge Marquínez differentiates the roles of the authors, the facilitators with a degree of authorship and the participants without criminal responsibility. There is a variety of legal issues that must be clarified before public opinion about the effects and scope of this sentence. The first aspect, and the most important, is that this judgment constitutes compliance with the first instance of this case. This resolution can be appealed by any of the parties involved, especially the five convicted and the Public Ministry. The appeal, which must be decided by the Superior Court for Settlement of Criminal Cases of the First Judicial District, may take four to six months, given that the mixed inquisitive system is in the process of being closed and the New Business case, along with other processes high-profile, constitute the latest generation of cases in that judicial system. After the appeal, the parties could file a criminal appeal before the Second Chamber of the Supreme Court of Justice, made up of magistrates María Eugenia López Arias, Maribel Cornejo Batista and Ariadne García. The Supreme Court may refuse to admit this appeal if it does not meet the formal requirements. At that point, the case would end. If the Supreme Court admits it, a hearing would be held before the Second Chamber in which the parties would present their allegations and later the three magistrates would have to issue their decision. The term that the criminal appeal could take is open since it depends on the agenda of the Supreme Court itself and the availability of the magistrates for this process. The consequences Hypothetically, if Judge Baloisa Marquínez's decision is upheld, there would be important legal and political consequences. Obviously, the criminal conviction of a former President of the Republic is a fact that has not occurred in 68 years in Panama, since former President José Ramón Guizado was unjustly convicted of the assassination of President José Antonio Remón Cantera. If the conviction of former President Ricardo Martinelli Berrocal is confirmed, as it is a criminal sanction of more than five years in prison, it would produce a legal effect with an electoral impact. Article 180 of the Political Constitution of the Republic of Panama establishes the following: ARTICLE 180. "Anyone who has been convicted of an intentional crime with a custodial sentence of five years or more may not be elected President or Vice President of the Republic, by means of an enforceable sentence handed down by a court of justice." Since this is a constitutional prohibition, Judge Marquínez did not have to declare it. This prohibition would work from an enforceable sentence in this case, which maintains the conviction of former President Martinelli. The final judgment can be produced with the appeal ruling, if the Second Chamber of the Supreme Court does not admit the appeal, or failing that, once the criminal appeal ruling is handed down by said court. In either of the two previous situations, the Electoral Tribunal itself could determine ex-president Martinelli's disqualification from candidacy for the post of President of the Republic. Similarly, the Electoral Attorney General's Office or any interested party could request the Electoral Tribunal to declare disqualification due to this constitutional prohibition. https://www.newsroompanama.com/news/martinelli-sentence-the-shady-world-of-business-developed-from-power Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted July 20, 2023 Author Moderators Share Posted July 20, 2023 Quote New Business ruling a milestone in Panama – Transparency International Posted 19/07/2023 The Fundación para el Desarrollo de la Libertad Ciudadana, Panamanian Chapter of Transparency International, said that " the ruling in the New Business case in Panama, by Judge Baloisa Marquínez, is a milestone that breaks with the tradition of impunity that has characterized Panamanian justice in cases of grand corruption. " "The conviction of three defendants as perpetrators and two as facilitators with a degree of authorship in the crime of money laundering, including former President Ricardo Martinelli, sends the correct message: justice must reach everyone," said Transparency International. For the organization, the importance of a ruling that "not only identifies the primary culprits of what happened but also sheds light on the banking system, lawyers, accountants, contractors and other actors in the private sector, who acted in collusion to benefit from the resources that belong to all". https://www.newsroompanama.com/news/new-business-ruling-a-milestone-in-panama-transparency-international Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted July 21, 2023 Author Moderators Share Posted July 21, 2023 Quote Martinelli has to pay $19.2 million BEFORE going to jail Posted 20/07/2023 The Second Judge for Criminal Cases Settlement of the First Judicial Circuit, Baloisa Marquínez, made a correction to her ruling on July 17 The $19.2 million that former President Ricardo Martinelli would have to pay, as established in the first instance ruling, must be paid in twelve months once the sentence is executed. The Second Judge of Criminal Cases Settlement of the First Judicial Circuit, Baloisa Marquínez, made a correction to her ruling, according to Edict No. 136 of July 19. In the original ruling, it was established that the fine had to be paid once the sentence of 10 years and six months had been completed. https://www.newsroompanama.com/news/martinelli-has-to-pay-192-million-before-going-to-jail Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted July 22, 2023 Author Moderators Share Posted July 22, 2023 Quote Judge delays Lavo Jato ruling and merges case with Panama Papers Posted 21/07/2023 The judge Second Liquidator of Criminal Cases, Baloisa Marquínez, ordered to accumulate, in a single file, two investigations for alleged money laundering: Lava Jato and Panama Papers. The Lava Jato trial has already taken place, from June 26 to July 3; The Panama Papers was scheduled to take place at the end of the year: from November 13 to December 4, and, as an alternate date, January 15 to February 2, 2024. Given the disparity in dates, all proceedings related to the Lava Jato file will be suspended, until the Panama Papers are at the same stage. In Lava Jato, Judge Marquínez had already accepted the corresponding term (30 days) to issue a sentence; that will no longer happen, because it is now on pause. The reasons given by Judge Marquínez for accumulating the files are based on the "connectedness" factors between Lava Jato and the Panama Papers: the two share a judge (Marquínez), they are based in the same prosecutor's office, the crime investigated is the same, most of the defendants are repeated in both cases and many facts are related to the actions of the same law firm, the now extinct Mossack Fonseca. In addition, in both cases, behaviors allegedly aimed at concealing and concealing funds that came from countries such as Germany, Argentina, and Brazil are perceived, as using for this purpose legal structures and companies that presented irregularities in their due diligence, the identity of their final beneficiaries and the movement of bank accounts. Since the Lava Jato file started first and is more advanced, then the Panama Papers file will be attached to it. As a legal argument, Marquínez cites article 1985, numeral 2, of the Judicial Code, which specifies that "related crimes are those committed by two or more people in different places or times", it being reasonable to proceed in a single process. https://www.newsroompanama.com/news/judge-delays-lavo-jato-ruling-and-merges-case-with-panama-papers Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted July 22, 2023 Author Moderators Share Posted July 22, 2023 Quote Interpol red alerts issued for missing New Business defendants Interpol Rd alert for Dina Ochy Diez Posted 21/07/2023 Interpol red alerts issued for missing New Business defendants Despite the conviction of five people and the acquittal of another 10 in the New Business case, the Second Criminal Court Settlement still has several unresolved issues reports La Prensa. On the one hand, the trial of David Ochy Diez, director of Transcaribe Trading (TCT), a company that transferred funds to the basket account of New Business Services Ltd., which were actually advances the State had delivered in exchange for remodeling the Arraiján-La Chorrera highway, is pending. On the other, his sister Dina Ochy Diez and the Italians Pía María Tolomei Friguerio and Isabelle Bruno Tolomei Friguerio have been declared fugitives and Interpol red alerts issued for their detention. They are linked to the Condotte Panama company, which won contracts with the Panamanian Institute of Sports (Pandeportes) for the construction of the sports cities of David and Colón, both non-existent to date. David and Dina Ochy’s brother Daniel has already been tried and sentenced by Judge Baloisa Marquínez to 96 months in prison for laundering the funds used to acquire the shares of Editora Panamá América, SA (Epasa), in December 2010, under the presidency of Ricardo Martinelli. Martinelli was also sentenced When Judge Marquínez held the New Business trial, David Ochy enjoyed criminal electoral jurisdiction that he had acquired as a presidential candidate in the primaries of the Realizando Metas (RM) party. The defendant's electoral criminal jurisdiction was suspended, following a request from another criminal judge (Agueda Rentería) who is in charge of the First Criminal Case Settlement Court), who charged him with alleged embezzlement because of the contract for the design and construction of the highway. https://www.newsroompanama.com/news/interpol-red-alerts-issued-for-missing-new-business-defendants Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted August 16, 2023 Author Moderators Share Posted August 16, 2023 Quote Court rejects Martinelli 'New Business' appeal Judge Baloisa Marquínez Posted 15/08/2023 An amparo of constitutional guarantees that had been presented by the legal defense of former President Ricardo Martinelli, was not admitted by the First Superior Court of Justice. The brief went against the decisions of the second judge for Criminal Cases, Baloisa Marquínez, of May 25, when the third day of the trial took place in the New Business case for the alleged irregular purchase with public funds of the Panama América Editorial group. SA (Epasa). The legal defense of the ex-president, sentenced in the case to 128 months for the crime of money laundering, alleged that the judge did not exercise her authority by failing to obtain the appearance of two defense witnesses at the May 25 hearing, says in a statement from the Judicial Branch It also detailed in the information that Martinelli's legal team assures that the defendant official has violated [the defense] right to interrogate the evidence of the charges, the testimonial evidence that intends to incriminate him, and that it was the duty of the judge to ensure that the confrontation or interrogation with the proof of charges took place, for which reason the judge curtailed the free and full exercise of the right of the defense to question the witnesses". The magistrates who dealt with the issue were Guimara Aparicio Ortega (speaker), Lilianne Ducret, and Melina Robinson who considered the inadmissibility of the Amparo since "the harmful and transcendent characteristics that justify the admissibility of this constitutional action are not noted" and therefore, Judge Marquínez did not violate the constitutional guarantees. " According to the court, for an act to qualify with a view to the admissibility of its challenge under amparo, it is necessary that it be capable of injuring, affecting, altering, restricting, threatening or undermining a fundamental right, provided not only in the Political Constitution, but in international conventions and treaties on human rights in force in the Republic of Panama, also in the law, and that its harmful content affects the rights and constitutional guarantees of a specific person... "informs the OJ . The Court's magistrates also warn that the use of Amparo as a means to question evidentiary matters is only appropriate in exceptional cases in which a fundamental right or guarantee has been violated by reason of an arbitrary sentence or by a sentence in which there is a lack of motivation or poor argumentation. Sentence Martinelli was convicted by a ruling on July 17, along with Janeth Vargas Vásquez, Daniel Ochy, Iván Arrocha Chevalier, and Valentín Martínez Vásquez for the alleged crime of money laundering. In the same ruling, Judge Marquínez decided to acquit Iván Clare Arias, Aaron Ronny Mizrachi, Gonzalo Germán Gómez, Nicolás Corcione Pérez Balladares, Vernon Salazar Zurita, Salomón Btesh Btesh, Jack Btesh Hazan, Leo Cohen Mugrabi, José Carlos Pérez Balladares and Marcos Angel Acric https://www.newsroompanama.com/news/court-rejects-martinelli-new-business-appeal-1 Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted September 10, 2023 Author Moderators Share Posted September 10, 2023 Quote Prosecutor gets green light to appeal New Business acquittals Posted 09/09/2023 The Superior Court for Settlement of Criminal Cases has the green light to the specialized prosecutor against organized crime, Emeldo Marquez, to present an appeal against the decision of criminal judge Baloisa Marquínez, to acquit 10 people accused of laundering money through a basket account in the name of the New Business company. Marquez presented an appeal against the dismissals ordered by Judge Marquínez, but the appeal was rejected as untimely because the court considered that he had presented it outside the deadline established by law. The prosecutor appealed before the Superior Court of Liquidation. A September 6 ruling orders Judge Marquínez to grant the appeal so the prosecution can present its appeal and defense attorneys can support their opposition briefs. On July 17, Judge Marquínez handed down a ruling against former President Ricardo Martinello and four other people for the crime of money laundering. With the appeal, this ruling is not final. In that same ruling, the judge acquitted the brothers Nicolás and José Carlos Corcione Pérez Balladares, Gonzalo Germán Gómez, Iván Clare Arias, Aaron Ronny Mizrachi ( Martinelli's brother-in-law), Vernon Salazar Zurita, Salomón Btesh Btesh, Jack Btesh Hazan, Leo Cohen Mugrabi and Marcos Ángel Acrich. The prosecution had requested the acquittal of only two of them: that of Jack Btesh and that of his son Solomon. Martinelli was sentenced to 128 months in prison and fined $19.2 million. The other four convicted are Janeth Vásquez, Valentín Martínez, Iván Arrocha and Daniel Ochy, with sentences between 60 to 96 months in prison. https://www.newsroompanama.com/news/prosecutor-gets-green-light-to-appeal-new-business-acquittals Quote Link to comment Share on other sites More sharing options...
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