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Convicted judge wants new deal

Posted on August 3, 2016 in Panama

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Post Views: 105

CORRUPTED and disgraced former Judge Alejandro Moncada Luna, who in his time on the bench sentenced scores of people to long prison terms, is not enjoying life behind bars.

He  has via his lawyer made  five requests for a National Assembly  hearing control, to review the conditions of his detention  in  El Renacer prison where is serving five years for unjustified enrichment and falsifying public documents. He got a sweetheart deal and escaped with five years instead of a potential 12.

The information was released by Deputy Jorge Ivan Arrocha, who served as chairman of the Credentials Committee, Regulations, Parliamentary Ethics and Judicial Affairs in the 2015-2016 legislative period.

Arrocha said he  will request a meeting with colleagues Rony Arauz and Crescencia Prado. The three -Arrocha, Araúz and Prado- compliance judges are appointed in the case followed Moncada Luna to set a hearing date.

“I am not the president of the judges of compliance … [But] we must fulfill our role,” he said.

In April, the ex Supreme Court  president  was hospitalized in Santo Tomas,for 10 days after complaining of “chronic hypertension”.

Since March 2015, when a settlement agreement in which he recognized the commission of two crimes, Moncada Luna has tried unsuccessfully to serve the sentence under home detention.

http://www.newsroompanama.com/news/panama/convicted-judge-wants-new-deal

  • 2 months later...
Posted (edited)

The decision this week by two judges of a three judge panel to drop all charges against a baker's dozen of folks being investigated for laundering money for bribes connected to disgraced Supreme Court justice Moncada Luna has left Panamanians disappointed once again in the state of their judicial system.

The flimsy excuse used was that Moncada Luna 'pled out' to enrichment charges in order to receive a relatively light sentence, and in doing so, was 'exonerated' from laundering charges, and so by association, are his cohorts.

The third judge got it right and issued this dissenting argument yesterday. The first two should become unemployed immediately, imo.

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JUDICIAL AFFAIRS

Carrasco issues dissent of decision to drop money laundering charges

Second Superior Criminal Court Judge Luis Mario Carrasco has issued a six-page dissenting opinion on the decision reached last month to drop charges against 14 people closely associated with the administration of former President Ricardo Martinelli for money laundering.

The decision by the other two judges on the court was based on the fact that former Supreme Court Justice Alejandro Moncada Luna was exonerated on the charge of money laundering, and that prevented the Public Ministry from pursuing the cases against the other defendants.

But in his dissent, Carrasco argued that Moncada Luna had not been exonerated. Rather, that criminal case had been dropped as part of a plea agreement that was reached with prosecutors that resulted in a five-year criminal sentence for fraud and unjustified enrichment.

The judge disagreed with his colleagues, Wilfredo Sáenz and María De Lourdes Estrada, saying that the pursuit of a money laundering case, which was based on evidence collected during the investigation into the activities of Moncada Luna, against the other defendants was "perfectly feasible."

The defendants in the case include former vice president Felipe Virzi, Panama Canal Authority board member Nicolás Corcione and Ricardo Calvo, a close friend of Martinelli who faces other corruption charges and has fled the country.

Nicolás Corcione, Felipe Virzi y Ricardo Calvo.

The decision to drop the case has been widely criticized by civic organizations, including the Citizens Alliance for Justice and the Independent Movement.

http://www.prensa.com/in_english/razones-Luis-Carrasco_21_4593500606.html

 

Edited by Keith Woolford
Posted

Martinelli inner circle court decision to be appealed

THE DECISION  of two judges to drop charges against 14 people closely linked  ex-president Martinelli’s  “Zero (inner) circle will be appealed to the Supreme Court.

Prosecutor Rafael Baloyes said Tuesday. October 11 that he will exhaust all possible avenues to challenge the decision to dismiss money laundering charges against 14 defendants.

The decision was issued September. 23 and signed by Second Superior Criminal Court judges Wilfredo Sáenz and María De Lourdes Estrada.

The case was opened after an investigation into criminal activities of former Supreme Court Justice Alejandro Moncada Luna.

Moncada Luna would eventually be sentenced to five years in prison on other charges as part of a plea bargain deal he negotiated.

After that investigation, Baloyes opened the money laundering probe based on evidence that was collected during the Moncada Luna case.

But the judges decided that, since Moncada Luna hadn’t pleaded guilty to money laundering, it invalidated the charges against the individuals in the subsequent investigation.

The prosecutor has announced his first step will be appealing before the Supreme Court, which has the jurisdiction to reverse the decision.

Criminal complaints
Meanwhile, the law firm Vega & Alvarez has filed criminal complaints against judges Sáenz and Estrada. The Attorney General will investigate Estrada while the National Assembly will investigate Sáenz because he is an alternate justice to the Supreme Court.

http://www.newsroompanama.com/news/panama/martinelli-inner-circle-court-decision-appealed

  • 7 months later...
  • 2 weeks later...
  • Moderator_02 changed the title to Alejandro Moncada Luna (Former Supreme Court Justice) and Others - Obstructing Justice, Bribery, etc.
  • 1 month later...
  • Moderators
Posted
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Hearing for “sick” jailed judge adjourned

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Ramiro Jarvis

A    hearing   at which jailed ex-supreme court judge Alejandro Moncada Luna, was to make his latest  attempt to be moved from his cell in El Renacer prison to house arrest has been adjourned  to August 3.

The suspension was requested by  Moncada Luna’s attorney Ramiro Jarvis who said he needed more time to gather the medical evaluations supporting the request for home detention.

The Wednesday, July 12 hearing was held before James Corró, in the offices of the accusatory penal system (SPA) of the First Judicial District, in Plaza Ágora. The hearing was conducted ex officio, after The National Assembly forwarded  the documentation when it withdrew from the case.

Jarvis said he was notified of Wednesday’s hearing just a day earlier, so he did not have up-to-date evidence of his client’s condition.

At the hearing, the clerk of the court informed that the Directorate of the Penitentiary System reported that Moncada Luna would not attend the hearing, “because he felt bad.”

On several occasions, Jarvis has requested a measure of house arrest, before the National Assembly, as it was this body that sentenced Moncada Luna 60 months in prison for unjustified  enrichment and falsified public documents, on March 5, 2015.

On May 6, this year  the National Assembly’s Court of Judges of Compliance  made up of three Members – refused to accept an application for Domiciliary deposit in favor of the ex-judge. occasion, the Deputies Rony Araúz, Crescencia Prado and Jorge Iván Arrocha – as compliance judges – considered that the Assembly could not hear Moncada Luna’s petition, as he had been dismissed from the position of magistrate.

The Constitution states that magistrates are investigated by the deputies Of the Assembly and vice versa.

The defense of Moncada Luna has requested a measure of domiciliary deposit after claiming he suffers from chronic hypertension, physical and mental deterioration and frequent pain in the chest.

Moncada Luna was investigated, convicted and removed from office after an investigation by La Prensa found that, while a judge  he  acquired two luxurious apartments in Coco del Mar, which together Have a value of $ 1.7 million. One of the homes  was bought with  cash. In his affidavit of assets, Moncada Luna reported that his only possessions were a Toyota van and a Rolex brand watch. He did not declare bank accounts, or other sources of income.

 

http://www.newsroompanama.com/news/panama/hearing-sick-jailed-judge-adjourned

  • 4 weeks later...
  • Moderators
Posted
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Jailed ex-judge granted house arrest

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Moncada Luna

A JAILED former Supreme Court judge said to be suffering from hypertension due to a “psychological affliction”  has been granted house arrest.

Compliance judge Jacinto Pérez handed down the decision  on Thursday, August 3, but the ex-judge  Alejandro Moncada Luna will remain in the El Renacer Prison until at least August 9. The date set for the hearing of an appeal by anti-corruption attorney Aurelio Vásquez.

Vásquez said that before the Court of Appeals in Plaza Ágora he will support the reason for the appeal since there are elements that must be valued.

He said that it is not necessary for Moncada Luna to attend the appeal hearing since he has his attorney.

The ex-magistrate is serving a five-year prison sentence for unjustified enrichment and   forgery after being condemned in March 2015 by the National Assembly.

 

http://www.newsroompanama.com/news/panama/jailed-ex-judge-granted-house-arrest

Posted (edited)

The Prosecutor in the case filed an immediate appeal of this ruling, so Sr. Moncada Luna won't be going anywhere and will be staying behind bars until it's resolved.

 

 

Edited by Keith Woolford
  • Moderators
Posted
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Ex-judge to stay behind bars

Maria-Pilar-Fernandez-Alejandro-Moncada_LPRIMA20170809_0032_27-620x264.jpg 
Maria-Pilar-Fernandez- wife of Moncada Luna was at the court to hear the decision

JAILED ex-Supreme Court judge Alejandro Moncada Luna, remains in detention at the El Renacer penitentiary after an appeals court overruled on  Wednesday, Aug 9  a lower court decision that would have granted him house arrest.

His lawyer  Ramiro Jarvis, said the ruling is subject to an immediate review by the Institute of Legal Medicine. He said that the reports on the state of the health of the ex magistrate are in progress.

“What does not exist is a final conclusion of the team of the Institute of Legal Medicine since the staff w ho did the the examinations did not present a conclusive report, “Jarvis said.

The prosecutor Aurelio Vásquez said that the Court recognized what he had pointed out At the hearing on  August  3 , that a legal medical examination must be made before house arrest could be granted.

He also commented that the ex-judge refuses to receive medical attention.

 

http://www.newsroompanama.com/news/panama/ex-judge-stay-behind-bars

  • 6 months later...
  • Moderators
Posted
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Jailed ex-judge seeking move to  house arrest

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Post Views: 133
 
JAILED  former Supreme Court president Alejandro Moncada Luna, will get another court hearing on March 22, as he tries to move from his cell in El Renacer to house arrest.

He was sentenced in March 2015 to five years in prison for the crimes of unjustified enrichment and falsehood, after a deal which allowed him to dodge a longer sentence.

The ex-magistrates defense had requested the substitution of precautionary measure from jail to domiciliary prison, which was granted by a compliance judge; but  it was revoked by the High Court of Appeals, “by virtue of being requested on an urgent a general evaluation, by doctors of the Institute of Forensic  Medicine and Sciences to indicate if the defendant, due to his health condition, could finish to fulfill or not his prison sentence in the penal center “.

He had been under house arrest from Oct. 2014 while his case was being tried but was then moved behind bars.

 

http://www.newsroompanama.com/news/panama/jailed-ex-judge-seeking-move-to-house-arrest

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