Moderators Moderator_03 Posted February 2 Author Moderators Share Posted February 2 Quote Court rejects Martinelli’s 13th attempt to dodge jail sentence Posted 01/02/2024 Legal appeal number 13 has been denied to former president, Ricardo Martinelli in his intention to reverse a 128-month prison sentence for money laundering in the New Business case. The issue has to do with an action to protect constitutional guarantees that was not admitted by the Plenary Session of the Supreme Court of Justice, which was announced through edict No. 108 of February 1, 2024. The legal brief was presented by lawyer Shirley Castañeda and attacked an order of the Superior Court of Liquidation issued on November 2, 2023, regarding the cassation procedure and the New Business file. The decision of the Plenary Court was unanimous not to admit the appeal and Judge Olmedo Arrocha was in charge of the ruling. In the Second Criminal Chamber, there is an appeal that seeks to reverse the sentence for money laundering filed by the legal defense of the convicted Janeth Vásquez, Daniel Ochy, Valentín Martínez Vásquez, Iván Arrocha Chevalier, and Martinelli. https://www.newsroompanama.com/news/court-rejects-martinellis-13th-attempt-to-dodge-jail-sentence Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 3 Author Moderators Share Posted February 3 Quote Ex-president heading to jail and re-election bid dies Posted 02/02/2024 The decision of the Second Criminal Chamber of the Supreme Court (CSJ) not to accept the final appeal of former president Ricardo Martinelli means that the sentence of 128 months in prison (10 years and 8 months) issued by Judge Baloisa Marquínez, of the Second Liquidation Court of Criminal Cases, for the crime of money laundering in the New Business case stands. This conviction also causes the absolute nullity, due to a constitutional disqualification, of Martinelli's candidacy for the general elections on Sunday, May 5. https://www.newsroompanama.com/news/ex-president-heading-to-jail-and-re-election-bid-dies Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 3 Author Moderators Share Posted February 3 Quote Martinelli gets a double whammy from Court rulings Posted 02/02/2024 On the same day, the Judicial Branch rejected former President Martinelli's two protections of constitutional guarantees with the same purpose: to avoid the 128-month prison sentence imposed on him last July for money laundering in the New Business case. In the morning the general secretariat of the Supreme Court of Justice (CSJ) released Edict 108 in which the parties are informed that the plenary session, under the presentation of Judge Olmedo Arrocha, rejected a protection of guarantees that were presented by Shirley Castañedas, from Martinelli's team of lawyers. Castañeda complained because the Superior Court for the Settlement of Criminal Cases granted 15 days to all defense lawyers to present the appeal, when - according to her - it should have been an individual period for each defender. In the afternoon the First Superior Court announced the non-admission of another protection from Martinelli presented by his lawyer Carlos Carrillo, against the criminal judge Baloisa Marquínez, for having issued a conviction against the former president, on July 17. That ruling was confirmed on October 24, by the Superior Liquidation Court. The ruling was signed by judges Lilianne Ducruet, Miguel Espino, and Juan Carlos Tatis, and although it was communicated this Thursday, it had been adopted the day before (January 31). With these two there are now 14 appeals presented by the former president about the conviction of New Business. Last July, Judge Marquínez sentenced Martinelli to 128 months in prison and a fine of $19.2 million. That decision was confirmed last October by the Superior Court for Settlement of Criminal Cases. She also ordered the confiscation of 60% of the shares of Editora Panamá América, SA (Epasa), whose beneficiary is Martinelli. In the Criminal Chamber of the Court, there is an appeal by Martinelli, against the conviction. It has not yet been announced whether the appeal is admitted or not. https://www.newsroompanama.com/news/martinelli-gets-a-double-whammy-from-court-rulings Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 3 Author Moderators Share Posted February 3 Quote Three women who decided the former president’s apocalypse Posted 02/02/2024 The judges of the Second Criminal Chamber of the Supreme Court of Justice (CSJ) María Eugenia López, Maribel Cornejo, and Ariadne García were key in the non-admission of an appeal for cassation presented by Ricardo Martinelli. This decision put a stop to the presidential aspirations of the former president and left the firm a 10-year sentence for money laundering for the purchase of Editora Panamá América SA in addition to a fine of $19.2 million. Ariadne Maribel García has more than 32 years as a judicial servant and 28 years as a teacher in the faculty of law and political sciences at different universities in the country. She is a substitute magistrate of the First Civil Chamber of the CSJ until 2032 and a magistrate of the first Superior Court of the First Judicial District of Panama, from February 2022 to date. Judge María Eugenia López is a judicial career official with more than thirty years of experience in the Judicial Branch. During these years, she has attended more than 70 seminars related to criminal matters. She graduated with honors from the Faculty of Law and Political Sciences of the University of Panama, where she also obtained a Master's Degree in Law with a Specialization in Criminal Sciences. She is the presiding judge of the Second Criminal Chamber, coordinator of the Accusatory Criminal System (SPA), and designated as a Judge of the Supreme Court of Justice. Maribel Cornejo is a founding partner of her law firm. For 13 years she was a prosecutor for the Public Ministry. She has various diplomas in areas such as the design and implementation of money laundering risk prevention systems, and strategies for handling corruption crimes. She also has more than a dozen international seminars. Recognitions such as “Outstanding Mother of the Community”, awarded by the Lions Club of San Francisco de La Caleta; and a distinction as Meritorious Daughter in commemoration of the Cry of the Sonaeña Woman, are other decorations received by the judge. https://www.newsroompanama.com/news/three-women-who-decided-the-former-presidents-apocalypse Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 7 Author Moderators Share Posted February 7 Quote Martinelli plays the victim card Posted 05/02/2024 Although Article 180 of the Political Constitution says that anyone who has been convicted of an intentional crime with a custodial sentence of five years or more cannot be elected president of the Republic, employing an enforceable sentence, the State Commission for Justice on Monday, February 5, received Ricardo Martinelli, who was nominated by the Realizing Goals and Alianza parties as a presidential candidate. On Friday, February 2, the Supreme Court of Justice announced that it did not admit the appeal filed by the former president's lawyers, which sought to reverse the 128-month prison sentence and a fine of $19.2 million imposed by the New Business case. The State Commission for Justice has called on the presidential candidates for the May 5 elections to explain their vision of the changes that should be made in the administration of justice. In front of the commission, Martinelli victimized himself. “I feel concerned about justice in Panama. When I was president I made many mistakes thinking that prosecutors and judges responded by law. The biggest mistake was increasing the (prison) sentences and especially the accumulation of sentences. This is a concept that seems simple when you have not been to prison. There have to be strong penalties but not excessive ones,” he stated in front of the Attorney General of the Administration Rigoberto González, coordinator of the group; the Ombudsman, Eduardo Leblanc; the president of the National Bar Association, Maritza Cedeño; and Carlos Lee, from the Citizen Alliance for Justice, among others. The Attorney General, Javier Caraballo, was not present nor was the independent deputy Juan Diego Vásquez. No Justice “There is no justice, justice is useless. They receive orders from the Executive and other people (...),” said Martinelli, flanked by José Raúl Mulino, the vice presidential candidate who must now assume the presidential candidacy; and his spokesperson Luis Eduardo Camacho. He denies justice but forgets the assaults he committed during his mandate reports La Prensa. For example, the first two jurists he appointed to the Court, José Abel Almengor and Alejandro Moncada, ended badly. Almengor resigned amid rumors that he participated in a plan to oust prosecutor Ana Matilde Gómez from office; while Moncada was tried by the National Assembly, accused of unjustified enrichment and falsehood. Furthermore, he never recognized the role of the State Commission for Justice. When they asked him why he did not take the State Pact into account for the appointments, he said: "What happens is that there are people who want to co-govern without participating... The people did not choose me to co-govern...". Information developing https://www.newsroompanama.com/news/martinelli-plays-the-victim-card Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 7 Author Moderators Share Posted February 7 Quote Jailing of Martinelli and 4 others could come Friday Panama Supreme Court Posted 06/02/2024 After knowing the decision of the Supreme Court on its rejection of the appeal filed by the defense of former president Ricardo Martinelli , there have been many questions and opinions have been expressed about the future of his presidential candidacy. According to lawyer Rodrigo Noriega, in follow-up with the process, this Friday, February 9, the deadline for the edict to become final expires, the Criminal Chamber officially informs Judge Baloísa Marquínez about the decision and she orders the Directorate of Judicial Investigation and the National Police to arrest, not only Martinelli, but the other four who were denied the same appeal. Regarding the disqualification of Martinelli's candidacy, Noriega recalled that the Electoral Court had already agreed in two instances to maintain electoral jurisdiction, which delayed the judicial process in the New Business case. “There was complicity on the part of the Electoral Court, I hope that starting Friday when the decision becomes final it will proceed as quickly as possible. They know that this is a constitutional disqualification, it cannot be changed,” he clarified. “The sentence was now final, and the sentence of 10 and 8 months was final. So, when the edict is final on Friday, the Electoral Court will not have any excuse for no disqualification,” Noriega stressed. He considered that the real campaign will begin in the coming weeks when Martinelli is disqualified, because it represents an element of polarization that will no longer exist. He did not rule out that there would be a significant abstention due to the lack of logistics for mobilization, and then he reflected that these will be very interesting elections. “Those who have hard votes, if there is abstention, are the ones who win. Then people say, oh I don't vote, and they are giving the vote to the same people as always,” he indicated. He stated that the country has to inform itself and go out to vote because the insurance is bankrupt, the investment grade is about to be lost and there are serious education and health problems, so they have to vote. https://www.newsroompanama.com/news/jailing-of-martinelli-and-4-others-could-come-friday Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 23 Author Moderators Share Posted February 23 Quote Judge issues order for Martinelli’s arrest Posted 22/02/2024 The Second Liquidator of Criminal Cases judge of the First Judicial Circuit of Panama, Baloisa Marquínez, ordered the arrest of former president Ricardo Martinelli, sentenced to 10 years and 8 months in prison for money laundering in the New Business case reports La Prensa. The decision was communicated by the Judicial Body (OJ) on Thursday, February 22, although it was adopted the day before by Judge Marquínez, through Auto Vario 26, in which she considers that Martinelli should have been notified to the court last January 15, in compliance with a personal precautionary measure that was imposed during the investigation phase. The former president did not appear, which “ further aggravates the risk of flight, especially when the case is only waiting for requests for clarification to be resolved, including two in favor of the former president, which was sent on the 20th. of February 2024 to the Superior Liquidation Court of Panama for the corresponding procedure .” These requests for clarification were already rejected, Thursday, hours before the OJ issued Judge Marquínez's statement. Given the failure to comply with the precautionary notification measure, last January, prosecutor Emeldo Márquez requested the arrest of Martinelli, who is now holed up in the Nicaraguan embassy, where he intends to seek asylum. His lawyer Carlos Carrillo answered prosecutor Márquez's request with a note from the Nicaraguan Ministry of Foreign Affairs, issued on February 7, the same day that his client hid in the embassy. However, the judge considered that this note from the Nicaraguan Foreign Ministry does not meet the requirements demanded in article 877 of the Judicial Code for documents issued by a foreign country, "in such a way that they can be considered as evidence." “The decision [of Judge Marquínez] analyzed and weighed the seriousness of the crime charged, the risk of flight evidenced by the conduct of the convicted person, the need to guarantee the effectiveness of the judicial process, and the failure to comply with the precautionary measure of reporting,” he says. the OJ statement. “It is concluded that the preventive detention against the convicted former president is proportional and necessary to ensure the appearance of the sanctioned person before justice and safeguard the interests of society,” the note added. Martinelli, who is a presidential candidate for the Realizing Goals and Alliance parties, would be disqualified, because the Political Constitution prohibits a person sentenced to more than five years in prison from aspiring to the presidency. Martinelli's sentence was issued last July by Judge Marquínez and ratified by the Superior Liquidation Court in October. On February 2, the Criminal Chamber of the Supreme Court of Justice did not admit an appeal, so the conviction remains final. With Martinelli, four other defendants were convicted, although his is the harshest sentence. In addition to the 128 months in prison, he must pay a fine of $19.2 million. The judge ordered the confiscation of 60% of the shares of Editora Panamá América, SA (Epasa), which has Martinelli as a beneficiary, although it is now known that the assets of that company have already been transferred to another company. Information in development... https://www.newsroompanama.com/news/judge-issues-order-for-martinellis-arrest Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 24 Author Moderators Share Posted February 24 Quote The never-ending Martinelli dance continues Posted 23/02/2024 The quadrille involving the three magistrates of the Electoral Tribunal and the judge in the New Business case drags on with the latest step a letter to the judge asking if Ricardo Martinelli’s conviction is already “final and enforceable to date”, to proceed with the disqualification of the still presidential candidate. This is stated in a note that Rubén González, director of Legal Advice of the TE, sent to Baloisa Marquínez, head of the Second Liquidation Court for Criminal Cases. The Constitution prevents a person from competing for the position of President of the Republic if they have a sentence of five years or more in prison. Martinelli's sentence is 10 years and eight months for laundering public funds that were used to acquire the shares of Editora Panamá América, SA (Epasa) , in December 2010. The TE note was received in Judge Marquínez's office on February 22, at 3:20 pm That same day, but earlier, a group of lawyers (unrelated to the process), headed by Neftalí Jaén, brought to the TE a copy of the conviction of July 17, 2023, in which Marquínez handed down the sentence for money laundering against Martinelli and four other defendants. That sentence was confirmed last October by the Criminal Cases Settlement Court. “ We very respectfully request that you tell us whether the information provided by Mr. Jaén is true, if so, we request that you send us the certification of execution of the sentence cited above. Otherwise, please inform us of the procedural path corresponding to the file so that the sentence in question can become final and become res judicata,” states the TE note. Arrest order On February 22, Marquínez ordered the arrest of Martinelli, given the risk of flight. The arrest was requested (separately) by the prosecutors in the New Business and Odebrecht cases, Emeldo Márquez and Ruth Morcillo, respectively. Márquez fears that Martinelli will escape and not serve his New Business sentence; Morcillo wants to ensure that Martinelli is present at the Odebrecht bribery trial, which will be held in December. New Business is already res judicata after the Criminal Chamber of the Court rejected the requests for “clarification” presented by the lawyers of Martinelli and the other four convicts ( Daniel Ochy, Janeth Vásquez, Iván Arrocha and Valentín Martínez Vásquez ), against a previous decision of that same instance not to admit appeals against the conviction. https://www.newsroompanama.com/news/the-never-ending-martinelli-dance-continues Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted February 25 Author Moderators Share Posted February 25 Quote Martinelli New Business Case Nullity Moves Rejected Judge Baloísa Marquínez Posted 24/02/2024 The Second Judge of Criminal Cases of the First Judicial Circuit of Panama, Baloísa Marquínez, flatly rejected, as inadmissible, six (6) incidents of nullity presented in the New Business case and one in the Odebrecht case, according to a statement from the Judicial Branch. The note adds that, of the six incidents presented in the New Business case, four were on behalf of the former president of the Republic, Ricardo Martinelli, and two on behalf of two other citizens who appeared in the process followed by the crime against the economic order in the modality of money laundering. Marquínez's decision to reject the incidents was based on the content of article 708 of the Judicial Code, which establishes that: "if the promoted incident was manifestly inadmissible, the judge must reject it outright without further processing." Likewise, paragraph 5 of article 201 of the Judicial Code indicates that magistrates and judges have within their duties, responsibilities, and powers " to reject any request or act that is inadmissible or that indicates a manifest delay ." Meanwhile, the annulment incident presented in the Odebrecht case was instituted by the legal representation of a US citizen and sought to declare the nullity of Default Order No. 4 of August 14, 2023. They explained that the court, after analyzing the factual and legal considerations supported, and given the absence of any cause for nullity in the issuance of the Default Order, proceeded to deny the incident of nullity presented by the private defense within the case followed by the alleged commission of a crime against the economic order in the form of money laundering in the so-called Odebrecht case. The resolutions issued by the Second Liquidation Court for Criminal Cases are dated February 9, 19, and 20, 2024. Former President Martinelli, who is seeking asylum in the Nicaraguan embassy, was sentenced to more than 10 years for the crime of money laundering in the New Business case. On the afternoon of Thursday, February 22, Marquínez admitted the request to modify the precautionary measure established by the First Specialized Prosecutor against Organized Crime, Emeldo Márquez Pittí, and ordered the preventive detention of former president, Martinelli for the New Business case. https://www.newsroompanama.com/news/martinelli-new-business-case-nullity-moves-rejected Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted March 3 Author Moderators Share Posted March 3 Quote Yet another Martinelli appeal rejected Martinelli holed up in the Nicaraguan Embassy Posted 02/03/2024 The Superior Court of Criminal Cases rejected a factual appeal presented by the defense of former president Ricardo Martinelli , who objected to the decision of said court to grant a period of 15 days to support an appeal against the sentence of 128 months in prison imposed by Judge Baloisa Marquinez in the New Business case. The appeal, presented by Carlos Carrillo, from Martinelli's team of lawyers, objected to both the deadline and the mechanism by which the judge of the Superior Liquidation Court, Manuel Mata Avendaño, granted a joint deadline of 15 days to sustain the cassation. , instead of a successive term for each defender. Furthermore, Martinelli's defense argued that the USB (digital memory) delivered with the copy of the file was incomplete and that the deadline granted to present the cassation prevented them from adequately supporting the said appeal. However, the court, in a resolution signed by judges José Hoo Justiniani and Eyda Amarilis Juárez, did not admit the appeal for not complying with article 1156 of the Judicial Code, which establishes the requirements for the processing of this type of appeal. Last December, Judge Manuel Mata Avendaño rejected as untimely the writings announcing and supporting the appeals and request for clarification of the sentence presented by the lawyers of former President Martinelli and by the legal representatives of three other citizens linked to this case. Former President Martinelli remains in the Nicaraguan Embassy in Panama since February 7, after arguing that he is politically persecuted. https://www.newsroompanama.com/news/yet-another-martinelli-appeal-rejected Quote Link to comment Share on other sites More sharing options...
Moderators Moderator_03 Posted March 10 Author Moderators Share Posted March 10 Quote Bail is Denied for the Release of Former President Ricardo Martinelli Posted 09/03/2024 The second liquidating judge of criminal cases, Baloísa Marquínez, flatly rejected a request for bail presented in favor of former president Ricardo Martinelli, who has chosen asylum in the Nicaraguan embassy in Panama and who maintains an arrest warrant for a 128-month prison sentence for the crime of money laundering with the company New Business for the acquisition of Editora Panamá América (EPASA). Through edict No. 09 posted at the courthouse last Thursday, the decision made by Judge Marquínez is being made available for publication. In writ No. 33 it is detailed that Judge Marquínez's decision is based on articles 2155 and 2421 of the Judicial Code, which detail that “the court, after the sentence is enforceable, will send an authenticated copy to the Commissioner of Correction for the execution of the sentence, in the part that does not correspond to the same court. A certification, if the sentence has been executed, which the court will require from the Commissioner of Correction, will be added to the file. "On March 5, Judge Marquínez ordered the arrest of Martinelli, Valentín Martínez Vásquez, Daniel Ochy, Janeth Vásquez and Iván Arrocha, against whom she issued a conviction for the crime of money laundering. Martinelli faces a sentence of 128 months in prison and a fine of $19.2 million, while Ochy was sentenced to 96 months, Martínez Vásquez was sentenced to 80 months, Arrocha was sentenced to 70 months, and Janeth Vásquez was sentenced to 60 months. Meanwhile, the acquittals given to another 10 investigated are in the appeal phase by the Specialized Prosecutor's Office against Organized Crime. After the sentence became final, the Electoral Tribunal, after being notified by the court, disqualified Martinelli from participating in the electoral elections on May 5. https://www.newsroompanama.com/news/bail-is-denied-for-the-release-of-former-president-ricardo-martinelli Quote Link to comment Share on other sites More sharing options...
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