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Former Labor Minister facing unjustified enrichment trial


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Ethics questions for Martinelli defense

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Martinelli lawyer presented a disability certificate and filed new appeal on same day

Posted 24/06/2021

Alma Cortés lawyer for former president Ricardo Martinelli facing a retrial for political espionage filed an appeal in favor of her client on the same day that she presented a medical certificate of incapacity and was a no-show at the court on the first day of the trial.

Her action merits a sanction  “for procedural disloyalty,” warned David Cueva s, the lawyer for one of the plaintiffs in the case.

Cortés appealed the sentence of June 18, issued by the guarantee judge María José Urbina, who denied the prescription of the criminal action in the case. Cuevas, who represents Rosendo Rivera, one of the plaintiffs in the process, warned that Cortés filed the appeal precisely on Monday, June 21, the day she was incapacitated.

Cortés presented to the Judicial Office of the accusatory criminal system. at 3:43 pm

The medical certificate that the lawyer presented to miss the trial was for two days: June 21 and 22. It was issued by Doctor Marlon Muñoz, from the Plaza Cecilia Specialized Medical Center, . According to the prosecutor in the case, Ricaurte González, it is a dental clinic.

According to Cuevas, this action "is a lack of procedural loyalty that merits a sanction and an investigation for lack of ethics." In fact, there is already a date to settle this claim: next Monday, June 28, at 8:30 a.m.

"If she was too ill to go to the trial, it is also assumed that she was too ill to sign any document," said Cuevas.

Contradictions
This is not the only contradiction in Martinelli's legal team. As reported by Cuevas, since June 8, Alma Cortés appeared in the process as the only legal representative of Martinelli in this case

However, on June 11, lawyers Carlos Carrillo and Roniel Ortiz presented constitutional guarantee protection before the First Superior Court of Justice against the decision issued by the Court of Guarantees of May 18, 2021, which denied requests of infringement of rights to Martinelli.

While the defense of the ex-president goes to the courts with more resources, the Judicial Organ has asked the Ministry of Health to determine the authenticity of the medical certificates that Martinelli and Cortés presented in order not to attend the trial. The certificate presented by the ex-president was issued on June 1 (for 30 days) by the neurosurgeon Waltter Kravcio Guardia, who appears in several companies with his children.

With the medical certificate, there are also loose ends, it is known that it was issued on June 1, as read in the failed trial, but the medical report issued by Kravcio, which Martinelli's relatives have published on social networks, says that Martinelli was surgically reoperated on June 20 for spinal surgery.

The Trial Court, appointed Martinelli a public defender, who will be used in the event that Cortés does not attend the trial, rescheduled for July 5.

This trial will be held after the Superior Court of Appeals, in November 2020, ordered the annulment of the August 2019 sentence that declared Martinelli “not guilty” in this case. He will only be tried for political espionage
 

https://www.newsroompanama.com/news/ethics-questions-for-martinelli-defense

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Supreme Court rejects appeal of ex-Minister in corruption case

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Posted 24/01/2022

Supreme Court rejects appeal of ex-Minister in corruption case

The Supreme Court did not admit a protection of constitutional guarantees appeal presented on behalf of the former Minister of Labor Alma Cortés, prosecuted for the alleged crime of enrichment and corruption of public servants.

In a ruling on December 23 and under the presentation of magistrate Cecilio Cedalise, the plenary session of the Court did not accept the appeal presented in favor of Cortés, considering that it is intended to use the plenary session as one more judicial instance, to attack a ruling of the Second Superior Court of Justice that revoked a decision of the liquidated Fourth Criminal Court that declared null and void the process followed by the accused.

In the opinion of the magistrates, the case is notorious that the appeal was presented with the purpose of using the route to review the reasoning deployed by the Second Superior Court of Justice to revoke the ruling of the Fourth Criminal Court issued on the 14th of January 2020.

It emphasizes that the appeal filed by Cortés's defense seeks to carry out an interpretative exercise that leads to the review of the decision made by the Second Court.

The Court, at the same time, stressed that in this case no violation of the fundamental guarantees of the defendants was committed.

The Court's decision recalls that the presentation of the appeal proceeds as long as the damage is serious and imminent, that is to say, that no more than three months should have elapsed between the moment in which the contested act was notified and the presentation of the appeal.

The ruling also alleges that the appeal was filed one year after the ruling of the Second Court and that the procedural regulations state that appeals must be filed immediately, once the possible violation of a person's guarantees is known. 

2015 audit
The process began in 2015, based on an audit by the Comptroller General, which asked to investigate Cortés for alleged unjustified enrichment. The former minister is accused of having received two checks from the Foundation for Human and Environmental Development.

The investigation is based on the fact that Bolívar Espino allegedly wrote her checks for $17,000 and $16,000 as a representative of the Foundation for Human and Environmental Development. Likewise, Alvarado Santos, who also acted as a representative of that foundation, deposited two checks for $16,000 that were endorsed by Osiris Herrera and deposited in the accounts of the former minister.

 Cortés's defense alleges that the nullity of the proceedings should have been maintained since the prosecution carried out proceedings after the investigation period had expired

https://www.newsroompanama.com/news/supreme-court-rejects-appeal-of-ex-minister-in-corruption-case

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Former Martinelli minster facing embezzlement trial

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Posted 26/11/2022

Judge First Liquidator of Criminal Cases of the First Judicial Circuit of Panama, Águeda Rentería, opened a criminal case for alleged unjustified enrichment against the former Minister of Labor and Labor Development, Alma Cortés and two other people says a Public Ministry statement, released Friday.

The investigation into the case began after the Comptroller General’s Office, headed by Federico Humbert, delivered copies of an audit report related to Cortés' estate in June 2016.

Cortés, according to the document, could not have justified $2.6 million between July 1, 2009, and May 31, 2015, when she was a minister.

 

https://www.newsroompanama.com/news/former-martinelli-minster-facing-embezzlement-trial

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Former Labor Minister facing unjustified enrichment trial

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Posted 20/06/2023

The First Settlement Court for Criminal Cases admitted 23 pieces of evidence and rejected another 19 against the former Minister of Labor and Labor Development (Mitradel), Alma Cortés, who will be prosecuted along with two other people, on July 17, for alleged of unjustified enrichment.

Among the evidence admitted by the first judge to liquidate criminal cases, Agueda Rentería, to the former minister are the testimonies of Tatiana Chérigo Herrera, Omar Matos Castillo, Miriam Vásquez, Rolando Solís, Oldemar Guerra, Lastenia Domingo, Tamara de Parodi, Michelle Caballero, Janio Lescure, Rubén Darío Moreno, Rosemay Cedeño, José María Torrijos Legazpi and two auditors.

Also on that list are the Vice Minister of the Presidency and former Secretary General of the Comptroller's Office, Carlos García Molino; the ex-controller Federico Humbert and the deputy Luis Ernesto Carles, who for a time was Cortés' vice minister when she was in Mitradel.

All will be summoned to the trial by the defense of Cortés.

As documentary evidence, the court accepted a series of certifications from the Court of Accounts and the Public Prosecutor's Office, related to a process followed in this area against the former minister.

In relation to the 19 tests not admitted to the defense of Cortés, there are reports requested from local banks on her financial activity.

$2.6 million questioned
The investigation into the case began in June 2016, when the Comptroller General, then in charge of Humbert, delivered copies of an audit report related to Cortés' estate. According to that document, Cortés could not have justified $2.6 million acquired between July 1, 2009 and May 31, 2015, when she was a minister.

In December 2022, the Superior Court for Settlement of Criminal Cases revoked a dismissal in favor of Cortés, in a process for alleged embezzlement to the detriment of Mitradel, related to the collection of travel expenses to attend meetings of the International Labor Organization (ILO), in Geneva, between June and November 2011, for $49,000.

On that occasion, the court considered that an assessment had been made that deviated from the parameters established by law when analyzing the process followed by the former minister and five other former officials.

https://www.newsroompanama.com/news/former-labor-minister-facing-unjustified-enrichment-trial

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Anti-corruption prosecutor asks conviction of ex-minister for unjustified enrichment

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Posted 09/08/2023

The discharge anti-corruption prosecutor, Ariel De Gracia, requested to convict the former Minister of Labor and Labor Development (Mitradel), Alma Cortés , and two other people for the crime of unjustified enrichment.

On the afternoon of this Tuesday, August 8, during his closing arguments, prosecutor De Gracia argued that Cortés had an unjustified increase in her assets when she served as minister.

The judicial official stressed that Cortés tried to justify the increase in assets, arguing that these resources were obtained as a result of a series of private activities, but that an audit report from the Comptroller General showed that he had an increase in assets that did not conform to her income as a civil servant.

He also said that he requested the sentence for Rubén Moreno and Osiris Herrera, to whom he indicated that they collaborated by providing their names to justify the increase in assets obtained by Cortés.

Prosecutor De Gracia also requested the protection of the assets of former Minister Cortés.

An audit report prepared by auditors from the Comptroller General revealed that the former minister could not justify the sum of $2.6 million acquired between 2009 and May 31, 2015, when she served as head of Mitradel.

The second liquidator judge of criminal cases, Agueda Rentería, accepted the term of 30 days to issue a sentence.

https://www.newsroompanama.com/news/anti-corruption-prosecutor-asks-conviction-of-ex-minister-for-unjustified-enrichment-1

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