The continuing story of Ricardo Martinelli, his family and trials

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Electoral Tribunal  judge claims “justice denied” in earlier Martinelli hearing

Posted 05/05/2022

Electoral Tribunal (TE) judge Alfredo Juncá said on Telemetro Reporta Metro that criticism of the decision to maintain the electoral criminal jurisdiction of former President Ricardo Martinelli -for an alleged validity of the specialty principle- is related to an "economic-political fight between various groups ”.

Juncá  without giving examples assured that there are antecedents that support the questioned decision

“What is happening seems unfortunate to me, because at a time when we have to go out to defend our democracy by starting the electoral process, what we are seeing is that there is an economic-political fight between various groups,” Juncá said on Thursday, May 5.

La Prensa said it was the first interview offered by a member of the TE plenary session, after it was learned that Juncá and Heriberto Araúz,  revoked a decision of an electoral court that, a month earlier, had lifted the jurisdiction of Martinelli, at the request of criminal judge Baloisa Marquínez, to answer for the charges of alleged money laundering in the Odebrecht and New Business cases.

The ruling has been challenged as unconstitutional before the Supreme Court and Juncá and Araúz are sued for their actions.

Attorney General Javier Caraballo, in consultation with the Supreme Court, believed that the decision of the TE violated at least five articles of the Constitution.

Judge Eduardo Valdés did not support the decision and warned in his saving vote that the ruling went into matters outside the TE.

In his interview, Juncá said that he and his colleagues had agreed not to give interviews and to go out and explain the decision to maintain the jurisdiction and recognize the principle of specialty to Martinelli. However, he said that Judge Edmara Jaén , of the Second Administrative Electoral Court, had made a mistake in suspending the jurisdiction, by  February 23, , and therefore - before an appeal from Alma Cortés, Martinelli's lawyer - it was up to the plenary session to revoke that decision.

"Yes, there was an element of denial of justice in the first instance, which was pointed out in the second and is the reason why the sentence is revoked," he said.

“If I receive a file and I am seeing that there is something wrong, how can I ignore it and decide not to comply with the law?” he said without specifying what he found "wrong" in the decision of Jaén.

“The ruling of two magistrates of the Electoral Court, far removed from the law and invasive of a jurisdictional sphere outside their competence, described as “totally inadmissible” by the magistrate who saved his vote, constitutes the breaking point of confidence in one of the few institutions that preserved a minimum of citizen credibility,” Rethinking Panama warned in a statement.

Dodging the bullet
Martinelli is accused in two open processes: the alleged use of public funds to acquire Editora Panamá América, SA (Epasa) -a case called New Business- and the payment of bribes from Odebrecht. The New Business hearing resumes on May 19; that of Odebrecht, on July 18. As the TE refuses to suspend the electoral jurisdiction, Martinelli is not required to appear.

https://www.newsroompanama.com/news/electoral-tribunal-judge-claims-justice-denied-in-earlier-martinelli-hearing

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Martinelli’s escape route threatened

Posted 12/05/2022

The National Directorate of Electoral Organization, of the Electoral Court (TE) , will ask the plenary session of the TE (made up of the three magistrates) to suspend the validity of the criminal and labor electoral jurisdiction that the members of Realizing Metas (RM) have, a party that recently held internal elections.

 The measure reaches, among others former Panama president, Ricardo Martinelli, who serves as president of that political group.

The  Directorate made the decision after arguing that "the validity of the electoral jurisdiction should have ceased once the last proclamation of the event had been executed, as provided in article No. 360 of the Electoral Code ."

It adds that this situation has not occurred due to the suspension of the count and the call for new partial elections of the RM party, due to the multiple irregularities detected on April 24 when it held elections to choose the authorities of the Secretariats for Women and Youth.

In the opinion of the Directorate, "this generates uncertainty and an indefinite and atypical extension of the electoral jurisdiction to those registered, which is not provided for in our legislation."

The body also ordered to report the issue to the electoral administrative prosecutor on duty so that it proceeds in accordance with the provisions of article 480 of the Electoral Code; and to the Electoral General Prosecutor's Office, in order to determine the corresponding “criminal responsibilities”.

In a resolution of March 22, the TE magistrates, Heriberto Araúz, and Alfredo Juncá, decided to maintain Martinelli's criminal electoral jurisdiction, and therefore, for the time being, he cannot be prosecuted for the New Business and Odebrecht cases.

The third judge to liquidate criminal cases, Baloisa Marquínez, at the end of last January, was forced to suspend the preliminary hearing of the New Business case precisely because Martinelli invoked the jurisdiction. The judge asked the TE to withdraw that legal protection, but she met the refusal of the magistrates Araúz and Juncá.

https://www.newsroompanama.com/news/martinellis-escape-route-threatened

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New Business case resumes without Martinelli

Ricardo Martinelli

Posted 18/05/2022

The preliminary hearing of the alleged money laundering ”New Business” case will resume on Thursday without its star defendant former president Ricardo Martinelli- and the brothers David and Daniel Ochy.

The process is against 21 people – including three of them – for the purchase of  Editora Panamá América, SA   (Epasa) allegedly with public funds, a case known as New Business.

Sources from the Judicial Branch reported that after the ruling issued by the Electoral Court (TE) on March 22, which maintained Martinelli's electoral criminal jurisdiction, the third criminal court liquidator, in charge of Baloisa Marquínez, decided to separate the former ruler of the main process until the Supreme Court of Justice resolves two claims of unconstitutionality filed against the TE ruling.

The Ochy brothers, who were not notified for the first hearing date on January 27, the court also decided to separate them from the process and set June 16 as the first date for their preliminary hearing. The alternate date would be July 14.

In addition, a challenge filed by Martinelli against Marquínez is pending, an appeal that is in the hands of the first liquidator judge, Agueda Rentería, who has stated that she will resolve it once the issue of Martinelli's electoral jurisdiction is defined.

The former president's defense also denounced Marquínez for abuse of authority and excess of functions.

https://www.newsroompanama.com/news/new-business-case-resumes-without-martinelli

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Electoral Court removes  Martinelli’s shield

Posted 19/05/2022

The plenary session of the Electoral Court (TE) agreed to the request of the National Directorate of Electoral Organization and declared the suspension of the criminal electoral jurisdiction of former president  Ricardo Martinelli, in his capacity as president of the Realizing Goals (RM) party.

This was recorded on the morning of this Thursday, May 19.

The plenary session of this court is made up of magistrates Alfredo Juncá, Heriberto Araúz and Eduardo Valdés Escoffery. The edict also bears the signature of Myrtha Varela de Durán, general secretary of the TE.

It will be necessary to wait at least 24 hours –until this Friday– for the decision to be executed, the parties being notified.

In the ruling, the magistrates indicate that, just as the TE plenary session ruled in 2016, “if the electoral process has been stopped or suspended and the calendar interrupted, there cannot be any type of electoral jurisdiction, since its nature is intrinsic to an ongoing process”.

On April 24, RM held internal elections to choose the directives of the secretariats of Youth and Women, but the two lists that competed agreed that, due to "irregularities", it was necessary to hold new elections.

The elections were held despite the fact that there were two attempts by the RM leadership to postpone them until after May 19, when the hearing for the "New Business" case resumed which is followed by a total of 46 defendants - among them the former president for alleged money laundering.

https://www.newsroompanama.com/news/electoral-court-removes-martinellis-shield

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Errant lawyers get slap on the wrist

Prosecutors leave court after third adjournment.

Posted 20/05/2022

The preliminary hearing for the "New Business" case, for the alleged purchase of Grupo Editora Panamá América (Epasa) with public funds, was again suspended and postponed to the alternate date between July 4 and 6 due to the absence of media dozen lawyers. The Third Liquidator Court for Criminal Cases, in charge of Baloisa Marquínez, sanctioned lawyers Basilio González, Rodolfo Palma, Joaquín Roger and José María Castillo with $100 for not attending the hearing and not presenting a formal excuse.While the lawyers Gladys Quintero and Alfredo Vallarino presented a disability.

https://www.newsroompanama.com/news/errant-lawyers-get-slap-on-the-wrist

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Electoral Tribunal enables Martinelli to dodge trial date

Posted 05/06/2022

The National Directorate of Electoral Organization (DNOE) of the Electoral Tribunal (TE) approved the holding of an extraordinary national congress of the Realizing Goals (RM) party, at the request of its president, Ricardo Martinelli.

The endorsed calendar is interposed with the hearing that the Third Criminal Court will hold from July 18 to August 5, for the Odebrecht case, a process in which Martinelli and two of his sons are imprisoned and recently sentenced in New York for bribes from thE same company. The date of this emblematic case, with more than 60 defendants, was set seven months ago, on November 1, 2021.

In this way, Martinelli, who is currently protected from the action of justice because he enjoys criminal electoral jurisdiction as a result of the prolongation of an internal electoral process that was held on April 24 would further extend his legal armor reports La Prensa.

The TE published on Friday, June 3, the calendar and regulations for the political event. The date of the congress will be July 24, but the electoral process has already begun with its publication in the Electoral Bulletin 5067. The resolution bears the signature of the person in charge of the DNOE, Ósman Valdés.

Once again, the former president would avoid a court date due to his status as a political leader. The Electoral Court (TE) approved an electoral calendar for his party, Realizing Goals (RM), founded in March 2021, for a new internal process that collides with the dates of one of the most important trials on corruption in the country: the case for the payment of bribes from Odebrecht, in which the former president is one of the defendants.

https://www.newsroompanama.com/news/electoral-tribunal-enables-martinelli-to-dodge-trial-date

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New questions for company facing laundering probe

Posted 07/06/2022

Remittance companies must monitor all transactions carried out by their clients in order to identify unusual movements and take the necessary measures to prevent their operations from being carried out with funds or on funds from activities related to money laundering crimes. of capital or the financing of terrorism reports La Prensa.

This is specified in the agreements issued by the Superintendence of Banks of Panama (SBP), one of the regulatory entities of the activity.

Thus, with all the provisions that exist in this matter, no one would expect a remittance company to handle their funds as if they were the product of an unregulated activity, with which their transactions would remain outside the sieve of the inspection and the report of possible suspicious activities.

Since 2019, Inversiones Rapid Money, SA deposits its funds in the bank account of Importadora Ricamar, SA, charged in the Odebrecht money laundering case.

This triangulation would be carried out after Inversiones Rapid Money, SA had its account closed in Capital Bank, at the end of September 2019.

Since then, company deposits have been made in Ricamar's account at Bac Credomatic, without the latter having a license from the SBP for the remittance business.

Rapid Money, SA –which is registered with the SBP to carry out this business– has had to be under the inspection of the SBP. But it is unknown if the regulator has found irregularities that have been reported, for example, to the Financial Analysis Unit (UAF).

https://www.newsroompanama.com/news/new-questions-for-company-facing-laundering-probe

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Lawsuit  advances against ruling that helps Martinelli dodge court date

Posted 10/06/2022

The plenary session of the Supreme Court has assigned a period of ten business days for interested persons to give their opinion about a claim of unconstitutionality filed against the decision of the Electoral Court (TE) that maintained Ricardo Martinelli's immunity.

The lawsuit was filed by Héctor Herrera and sought to declare unconstitutional the resolution of March 22 of the TE that granted electoral jurisdiction to former President Ricardo Martinelli due to the electoral process of his party Realizing Goals (RM).

 This allowed the former president to absent himself from the process in the New Business case, which should be resumed in July.

  Panama is the only country in the Americas that has electoral criminal jurisdiction.

https://www.newsroompanama.com/news/lawsuit-advances-against-ruling-that-helps-martinelli-dodge-court-date

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Brother of ex-president Martinelli loses court battle

Federico Humbert.

Posted 10/06/2022

Former Comptroller Federico Humbert won a court battle against merchant Mario Martinelli, brother of former President Ricardo Martinelli reports La Prensa.

The Superior Court of Appeals rejected “ as inadmissible ” an appeal filed by Mario Martinelli against a decision by a Guarantees Court that did not approve reopening a case against Humbert.

In a hearing on Tuesday, June 7, magistrates Mauricio Marín, Giovannina Antinori, and Carlos Barragán listened to the parties and ruled that in this case the complaint was not admitted and, therefore, they could not challenge the decision of the judge of guarantees, that he had previously ordered the filing of the said complaint against Humbert.

hIn 2019, Mario Martinelli accused Humbert of allegedly committing the crimes of abuse of authority and infringement of the duties of public servants, an illegal act that he would have committed when he was exercising the comptrollership and, allegedly, ordered to suspend incentives to companies in which Martinelli was a partner.

https://www.newsroompanama.com/news/brother-of-ex-president-martinelli-loses-court-battle

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Ex-First Lady sues for $1 million  - gets $3,000

Posted 28/06/2022

The First Superior Court Justice confirmed a sentence against Corporación La Prensa, SA ( Corprensa ), for a publication about Marta Linares de Martinelli, but reduced the amount claimed by the former first lady, from one million dollars to $3,000, by way of non-pecuniary damage.

Magistrates Miguel Espino (rapporteur), Yira Bernal and Juan Carlos Tatis, also sentenced Corprensa and the journalists Olmedo Rodríguez and José González Pinilla , to pay $750 in concept of costs.

Although the plaintiff claimed compensation of one million dollars, "it is considered that no material damage was proven," says the ruling of magistrates Espino, Bernal and Tatis. Although it mentions that the news supposed a "deterioration" of the reputation of the plaintiff, the Court emphasizes that a breakdown was not provided on the distribution of damages and the amount demanded by each one, so it was not possible to determine what consists of the intended million dollars.

“Not even invoices were provided for the expenses for psychiatric medical care which the plaintiff had incurred,” the ruling mentions.

Nor can it be deduced from the opinions provided that the plaintiff suffered any economic damage as a result of the circulation of the news. "Even in her income tax returns, her income was higher than in previous years," the magistrates said in their ruling.

The civil lawsuit is related to a note in English, published on February 11, 2016 on the website prensa.com, in which the investigation that Rafael Guardia Jaén , director of the National Aid Program (PAN) made that day, was reported about irregularities in the purchase of some Christmas bags that were destined for the first lady's office. At that time, for this case, the Anti-Corruption Prosecutor's Office requested to lift the criminal electoral jurisdiction of the former first lady.

On April 17, 2019, the Sixteenth Civil Circuit Court sentenced Corprensa, but rejected the compensation of one million dollars sought by the plaintiff. Instead, he ordered $25,000 in compensation and $6,000 in court costs. This decision was appealed by both parties, which resulted in the ruling of the First Court on June 24, which upheld the sentence, but reduced the compensation even more, this time to $3,000.

Judges Espino, Bernal and Tatis explained in their ruling why the amount claimed by the former first lady was reduced.

“Taking into account that pecuniary damage was not proven and that it is not admissible that compensation for moral damages become a source of unjust enrichment, as the Court has already stated in two rulings, this court considers that the sentence required by the plaintiff, such as the one imposed by the court of the first instance, exceeds the reality of what the evidence allows us to deduce in this case, ”says the ruling.

The magistrates also maintain that it was later known that the published information lacked truthfulness, but they recognize that the news published on February 11, 2016 does not contain any assessment or judgment about the former first lady.

Corprensa's defense argued at all times that " real malice " of the publication or of the authors of the note could not be proven, a criterion that constitutes the parameter established by the Inter-American Court of Human Rights to determine the civil responsibility of the media for their publications.

Previous action
It is not the only action taken by Marta Linares de Martinelli against Corprensa and its journalists. Earlier, she filed a "family protection" lawsuit, intended to prevent information about the judicial processes of former President Martinelli and the couple's children ( Ricardo Alberto and Luis Enrique Martinelli Linares ), convicted in the United States for conspiring to launder bribes from Odebrecht.

On June 22, 2020, Judge Alba E. Flores Musmanno, head of the Second Sectional Family Court of the First Judicial Circuit, rejected the lawsuit, considering that the right to the image had not been violated, since what was disclosed by La Prensa was of public interest and had no connection with the intimate life of the Martinelli Linares family.

https://www.newsroompanama.com/news/ex-first-lady-sues-for-1-million-gets-3000

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Electoral court blocks Martinelli’s escape route

Ricardo Martinelli

Posted 29/06/2022

An Electoral Court (TE) has lifted the criminal electoral jurisdiction of former president Ricardo Martinelli (2009-2014) for the Odebrecht case says an edict. edict published on the morning of  Wednesday, June 29.

The news comes the day after the DGI ordered an audit of Martinelli and the revelation that a million-dollar lawsuit against La Prensa by the former first lady netted only $3000 and that a challenge that Martinelli presented against the magistrate María Eugenia López had been rejected.

Martinelli had been granted the  electoral privilege due to the internal elections of the Realizing Goals (RM) party that took place April.

Martinelli is the president and legal representative of RM, a party recognized by the TE through Resolution No. 4 of March 24, 2021.

The former president's defense has two business days to file an appeal against the decision of the electoral court.

The preliminary hearing in the Odebrecht case is scheduled to take place between July 18 and August 5. The process tracks the multi-million dollar bribes paid by the Brazilian construction company in Panama and links 62 people, including former presidents Martinelli, and Juan Carlos Varela (2014-2019); as well as former ministers, lobbyists, and businessmen, among others.

Media outlets and civil rights activists have demanded that the Odebrecht hearing be televised.

https://www.newsroompanama.com/news/electoral-court-blocks-martinellis-escape-route

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Why the Electoral Court lifted Martinelli’s jurisdiction

Posted 30/06/2022

TVN has published an explanation of why the Administrative Electoral Court decided to lift the jurisdiction of former president Ricardo Martinelli for the Odebrecht case.

The most important argument the court made in the 16-page ruling that TVN Has fully reviewed, is that the judicial process that is being followed by Martinelli for the Odebrecht bribes has nothing to do with the internal elections of the RM Party.

These elections are the reason why Martinelli had electoral jurisdiction. According to the judge, the Odebrecht case began in 2015, many years before the creation of the former president's new party, so it does not interfere with his internal process.

The second reason for the court to lift Martinelli's jurisdiction is that there are several judicial resolutions, even protected by the Supreme Court, which establish that he is no longer covered by the principle of specialty that would prevent him from being tried for a different case than the punctures (illegal wiretaps) after being extradited from the US.

In fact, the ruling reveals that Martinelli lost this right because almost two months after leaving prison, he traveled to the Dominican Republic and Mexico and returned to the country voluntarily.

The Procedural Code establishes that by leaving the country after being detained and returning voluntarily, an extradited person loses the principle of specialty.

The ruling also ensures -and this is the third reason- that, although the Electoral Court had ruled on Martinelli's jurisdiction and the principle of specialty, justice had every right to request his removal again. Just as it happened.

Political Persecution 

Luis Eduardo Camacho, the spokesman for Martinelli, once again repeated the well-worn  mantra, claiming political persecution and said that the former president will not give up his rights.

https://www.newsroompanama.com/news/why-the-electoral-court-lifted-martinellis-jurisdiction

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The case for televising the Odebrecht trial

Posted 30/06/2022

The restricted interpretation of the Judicial Branch regarding the knowledge and immediate perception that citizens should have in the different criminal hearings of high-profile corruption cases is a factor that increases the lack of credibility of justice.

In principle, all criminal trials should be broadcast on radio, television, and digital media. The reality is that new technologies allow the Judicial Branch to have its own digital portal for the transmission of these cases, or to establish various YouTube channels to provide the population with knowledge of what happens in a criminal trial.

Obviously, there are exceptions when it comes to minors, or victims or witnesses requesting the protection of their privacy, but the general rule should be that more publicity is better for the justice system itself.

The American Convention on Human Rights says in its article 8.5 that: "The criminal process must be public, except in what is necessary to preserve the interests of justice." This principle is both a protection for the accused and a guarantee for citizens to control their judicial system. While more courts of justice in the world opt for the live transmission of their hearings, Panamanian justice goes in the opposite direction.

The Principles
The Judicial Code establishes the principle that the hearing will be public “under penalty of nullity”, except for the exceptions mentioned above. The concept of “publicity” has traditionally meant that a limited number of stakeholders, including the media, could attend hearings.

Thus, article 358 of the Code of Criminal Procedure establishes that one of the principles of the hearings is their public nature. In turn, Article 363 of that same Code, develops the access of the media to the hearings, and although the article is loaded with good intentions, it establishes the possibility that the access of the media be limited or excluded: "If the victim, the accused or any person who must give a statement requests that the media not be authorized to record their voice or image, the Court will enforce their request."

The access of representatives of the media, only makes it easier for citizens to know what the media was capable of synthesizing and complementing with the triumphalist versions of all parties outside the courtroom. Citizens are left with a perception of a boxing encounter, and their access to the truth of the process was limited.

Interestingly, the foundation of Criminal Law —which is what is applied in these hearings,— must take into account what is said by the Penal Code in article 7: “The penalty shall comply with the functions of general prevention, fair compensation, special prevention, social reintegration and protection of the sentenced. The “general prevention” function means that the whole of society knows what the justice system does, that crimes are punished and that judges can be trusted.

Historical precedent  
Historically, major trials, such as the trial of former President Arnulfo Arias Madrid, by the National Assembly in 1951, and the trials for the assassination of President José Antonio Remón Cantera (1955-1957), were broadcast by radio. More recently, the process against Supreme Court Justice Alejandro Moncada Luna (2015) was broadcast on radio and television. Likewise, the formalization of the effective collaboration agreement between Odebrecht and the Panamanian State (2017) was broadcast on radio and television.

It does not make sense that if the hearing of this collaboration agreement was disclosed to the four winds, the trial in which that agreement is used, is limited to a closed-circuit screen available only to the media.

Given that this case is about a company whose trail of corruption involved three governments and has two former presidents as defendants, it is fair that the citizens listen to their testimony live, and see their language in full color. Body language and other paralinguistic signs sometimes reveal much more than what is expressed orally. Furthermore, it is necessary for public opinion to learn from the experts and international judicial cooperation, the sinister details of the corruption that plagued the country. It is necessary to show the citizenry that its justice works, and that it is capable of bringing to court the most powerful actors in Panamanian political life. Rodrigo Noriega, La Prensa

https://www.newsroompanama.com/news/the-case-for-televising-the-odebrecht-trial

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The Martinelli Dilemma of the Electoral Court

Posted 03/07/2022

The Electoral Court (TE) faces a dilemma. The first scenario was its ruling in favor of Ricardo Martinelli, in which it revoked a first instance decision that granted the lifting of the criminal electoral jurisdiction to prosecute him for the New Business case, and, in addition, it delved into matters that were not within its competence, as the recognition of the principle of specialty in favor of the former president.

The second scenario is the same: an electoral court lifted Martinelli's jurisdiction –now for the Odebrecht case–, a ruling that will surely be appealed so that the plenary session of the TE decides whether or not to revoke the sentence. What will the TE do? Insist on granting jurisdiction to this defendant, so that he cannot be judged, or allow criminal justice to do his job?

 It is a difficult decision since any alternative will generate criticism. The plenary session of the TE has the opportunity to correct errors and respect the right of the population to see those accused of receiving millions of dollars in bribes in the dock. Magistrates, respecting democracy does not only consist of organizing elections. Its actions, in this case, would define the course of our democracy. Act accordingly.  – LA PRENSA, Jul.3.

https://www.newsroompanama.com/news/the-martinelli-dilemma-of-the-electoral-court

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Presidency exerted pressure in New Business plot

The prosecutors leave the court.

Posted 05/07/2022

The New Business case over the purchase of Editora Panamá América SA ( Epasa) with alleged public funds resumed on  Monday, July 4, five months after the Special Prosecutor against Organized Crime began the presentation of arguments to call 16 people to trial.

The hearing was  suspended on January 27 when the defense of former president Ricardo Martinelli, one of the accused, presented documents from the Electoral Court stating that he had criminal electoral jurisdiction.

This caused the judge to, Baloisa Marquínez, to separate Martinelli's case from the rest of those investigated until the issue was resolved.

The procedural rupture also reached the brothers David and Daniel Ochy, who were not notified of the hearing in time.

Gladys Quintero and Alfonso Núñez, lawyers for some of the defendants, asked Judge Marquínez about her decision to continue with the preliminary hearing, despite the fact that the Supreme Court has yet to resolve the appeal to a protection of guarantees that could declare the nullity of everything advanced in the case. The judge replied that these incidents will be resolved at the end of the process, so the hearing continues.

The scheme said the special prosecutor against organized crime, Uris Vargas, 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 Part of those funds went to a basket company: New Business.

Vargas said  that during the investigation the testimony of several collaborators was obtained. One of them narrated that during a meeting, a high-ranking official from the Presidency was the one who coordinated the collection of bribes and advances, through the Ministry of Economy and Finance (MEF), money that was then diverted to the New Business society.

The collaborator added that the senior official pressured the businessmen to collaborate with the delivery of funds for the acquisition of Epasa .

He said that these companies included: Transcaribe Trading (TCT), Excavaciones del Istmo, Financial Pacific, Constructora Corcione, Condote Panamá y Asociados, among others.

He said that Gonzalo Gómez Wong, the last beneficiary of Excavaciones del Istmo, gave a contribution of $2 million and that for this he acquired a factoring loan that was canceled through a contract with the State for $27 million to carry out works in Panama West.

The prosecutor also named  David Cohen and Salomón Btesh, businessmen who contribued $3 million. These, he said, appear in companies that received contracts from the Ministry of Public Works (MOP) and the National Institute of Professional Training and Training for Human Development.

A statement was given by Gabriel Btesh, who confessed to having received funds from David Ochy, one of the owners of the TCT company, to manage the purchase of the media conglomerate. He even said that those instructions were given to him in writing.

He also explained that the contributions made by TCT came from money that was given through the contract for the design and construction of the Arraiján-La Chorrera highway. He recalled that an investigation carried out by the Anti-Corruption Prosecutor's Office of the Public Ministry shows that in this project there was a patrimonial injury of $7.9 million.

Another of the companies allegedly linked to the scheme was MDM Latin Corp, linked to Marcos Acrich.

The prosecutor explained that the company, without having a clear business relationship with New Business, made several deposits.

According to prosecutor Vargas, businessmen linked to companies that carried out construction works for the Social Security Fund were also pressured to hand over money.

This,  was reflected in the statements of Eugenio Del Barrio, from the company Fomento de Construcciones y Contratas (FCC).

https://www.newsroompanama.com/news/presidency-exerted-pressure-in-new-business-plot

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Revenue officials check Super 99 stores

Posted 15/07/2022

Officials from the General Directorate of Revenue (DGI) appeared on Friday, July 15, at several branches of the Super 99 supermarket chain, linked to former President Ricardo Martinelli Ber

The inspectors were seen in at least four stores, La Cabima, Albrook, Río Abajo and Punta Pacifica , where the DGI staff showed interest in the equipment that reports transactions to the DGI from the cash registers, and the equipment connected to the address from the tills of a Martinelli group company: Rapid Money , a money remittance house reports La Prensa.

Days ago, the spokesman for Martinelli, Luis Eduardo Camacho, disclosed on social networks an investigation order for several companies of the Martinelli group, an action that he described as "political persecution" of the former president.

It is unknown if the DGI officials entered the establishments complying with this investigation or another, since sources from the fiscal surveillance institution told La Prensa that they cannot provide information on an ongoing process.

Rapid Money is a company linked to Martinelli, whose bank accounts were closed and since then he uses Super 99 accounts to make his deposits, despite the fact that the grocery store is not a remittance house.

https://www.newsroompanama.com/news/revenue-officials-check-super-99-stores

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Transparency in high-profile trials sends a message

Posted 16/07/2022

The Judicial Branch accepted a request from many Panamanians interested in following the details of the most important corruption trial in Panama so far this century, in which three different administrations are involved, although only two are on the bench, including two former presidents. It is satisfactory that this trial is broadcast and its signal can be shared by the media interested in knowing the details of how, in a sustained manner, public works contracts were offered in exchange for bribes in the millions. Not only because it guarantees transparency for all the accused, but also because of the fact that judicial hearings are not held behind the scenes and, especially, because each citizen will have the opportunity to forge their own opinion without the intervention of intermediaries. Just like this one, the same should be done with other high-profile cases, so that we all have access to these processes that are so important for the future of the country, since much more than a conviction is at stake here. Transparency will send the right message to many of our officials, even though some may prefer these processes not to be in the public domain for obvious reasons. Hopefully every time an official is accused of corruption, the trial will be made public, like this time. since much more than a conviction is at stake here. - LA PRENSA, Jul. 16.

https://www.newsroompanama.com/opinion/transparency-in-high-profile-trials-sends-a-message

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Odebrecht trial delayed over no-show defense lawyers

Posted 18/07/2022

The preliminary hearing for bribes that Odebrecht paid in Panama due to be heard on Monday, July 18 has been postponed once again due to the nonappearance of several defense lawyers who got a light tap on the wrist. It will now be held from September 12 to 30.

Several excuses from defense attorneys arrived at the court, which is why Judge, Baloisa Marquínez, suspended the act and rescheduled it.

One of the excuses presented was that of Roniel Ortiz, a lawyer for Úrsula Banz, Aurora Muradas, and Fernando Carreiro Muradas (Aurora's son), three of the 50 defendants for whom the Public Ministry requests a summons to trial for alleged money laundering.

Banz, Muradas, and Carreiro sent notes to the judge in which they communicate that they reject the representation of a public defender since the three had empowered Ortiz. Attorney Ortiz was not present in the courtroom. He did not send a medical excuse.

Alma Cortés and Pedro Meilán , representatives of Importadora Ricamar and Rodrigo Díaz Paredes , respectively, did not appear.

 Cortés sent a certificate of medical incapacity valid until Tuesday, July 19, and Meilán sent proof that he has covid-19.

The judge did not accept the excuse of Alejandro Pérez, María Rivera Vigas's lawyer, since, according to her, it was not justified.

The court noted that Luis Eduardo Camacho, substitute attorney for Ricardo Alberto Martinelli son of the ex-president, had not attended in person. Camacho did not send any excuse in writing.

The judge announced that each of the lawyers who did not attend the preliminary hearing and did not present excuses would be fined $100.

Earlier the anti-corruption prosecutor, Ruth Morcillo, announced that the Public Ministry (MP) would request a summons to trial for 50 people under investigation, including two former presidents: Ricardo Martinelli and Juan Carlos Varela). The two sons of Martinelli (Ricardo Alberto and Luis Enrique Martinelli Linares) are imprisoned in the United States, after confessing to having laundered $28 million in bribes from Odebrecht, following instructions -according to them- from their father.

Neither Varela nor Martinelli was seen in the courtroom. Varela was represented by his lawyer.

In addition to the 50 natural persons, there is a legal one: Importadora Ricamar, which commercially operates the Super 99 chain, owned by the Martinelli family.

https://www.newsroompanama.com/news/odebrecht-trial-delayed-over-no-show-defense-lawyers

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Electoral Tribunal clears the way for ex-president’s bribery trial

Posted 26/07/2022

Former Panama president Ricardo Martinelli will face trial in September for the bribes distributed by Odebrecht in exchange for contracts with the Panamanian government after the magistrates of the Electoral Court (TE) decided to maintain the suspension of the criminal electoral jurisdiction.

On  Monday, July 25, magistrates Alfredo Juncá (rapporteur), Heriberto Araúz, and Eduardo Valdés denied an appeal that Roniel Ortiz, Martinelli's lawyer, filed against a resolution of June 28, 2022, in which the Third Judge Electoral Administrative, Marybeth Álvarez, ordered the suspension of Martinelli's jurisdiction, alleging that there is no judicial pronouncement that makes it impossible for the former president to be prosecuted for reasons other than the one for which he was extradited by the United States in 2008.

The decision of TE the plenary session was communicated in a Tuesday, the suspension of the jurisdiction so that Martinelli is prosecuted for alleged money laundering in the Odebrecht case.

The decision taken by the plenary session of the TE on Monday is very different from the one adopted on March 22  reports La Prensa. That day, the magistrates Juncá and Araúz -with the saving of Valdés's vote- decided to revoke a decision of the Second Administrative Electoral Court, under the responsibility of Edmara Jaén, which had ordered Martinelli's criminal electoral jurisdiction to be lifted, but in relation to the New Business case.

On that occasion, Juncá and Araúz argued that the principle of specialty, contained in the 1904 extradition treaty, agreed between the United States and Panama, was applicable to Martinelli. That ruling was challenged as unconstitutional before the Supreme Court and Juncá and Araúz were sued for excess of functions.

The preliminary hearing for the Odebrecht bribes will be held on September 12.

https://www.newsroompanama.com/news/electoral-tribunal-clears-the-way-for-ex-presidents-bribery-trial

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FBI probe fingers Martinelli companies in alleged tax scam

Posted 04/08/2022

Companies of the Martinelli group are being investigated by the General Directorate of Revenue (DGI), and the FBI – for alleged tax evasion operations, especially, Importadora Ricamar, SA, owner of the Super 99 reports La Prensa.

For weeks, the DGI has been investigating companies of the conglomerate, something that former president Ricardo Martinelli describes as "political persecution.”

Intelligence reports from the United States, as well as the sworn statement of the accountant of Importadora Ricamar, SA (Irisa)  reveal alleged operations for tax evasion by companies of the Martinelli family, including Super 99, a company that is accused of money laundering in the Odebrecht case.

La Prensa gained access to a document in the possession of the Panamanian government – dated May 2022 – in which the Federal Bureau of Investigation (FBI) informs local authorities of a possible crime of “tax evasion”. The letter describes operations through which the family of Martinelli, including his wife and children, would benefit from "irregular" financial arrangements through Irisa.

According to the FBI, the irregular operations consist of “loans” made by the Martinelli family in favor of Irisa, in order to charge interest above what the local market pays. The loans would be reflected in the company's accounting books, despite the fact that it has the capacity to contract loans in the local market with better conditions, that is, with less onerous interest.

The letter also indicates that the Martinelli family, whose members are the main shareholders of the company, denies such loans. According to the FBI, Irisa would pay interest on the alleged loans, taxed under interest income, rather than identifying them as dividend payments.

$30 Million debt 
The alleged debt of the Martinelli family with Irisa would be about $30 million, according to the FBI, which would result in the distribution of millions of dollars a year to the members of this family, he stresses.

According to the FBI document, Irisa and companies linked to it, hire people who work for the Martinelli family, but whose work does not seem to be related to the commercial activities of Importadora Ricamar, SA.

The FBI cites, for example, the salary of The captain of the  Martinelli yacht is paid by Irisa, or the salaries of gardeners and drivers. These payments could result in concealment for Irisa's shareholders.

One month after the FBI letter the DGI began an investigation, according to a note from that institution released by Luis Eduardo Camacho, spokesman for  Martinelli. The document, partially published on social networks, indicated that it should provide the DGI with information on its income, purchases, assets, liabilities, and expenses for the period between 2018 and 2022.

However, the document was not addressed to Martinelli, but to the general manager of Irisa, Alejandro Garúz Adames, who was informed by the DGI of a comprehensive audit of the company, in relation to legal income (from 2019 to 2021). ; remittances (2008-2022); dividends (2008-2022) and other lines of the commercial activity of the company.

Camacho accused Vice President Carrizo, of mounting political persecution against his boss…who seek to intimidate him by auditing him, despite the fact that he is one of the largest taxpayers.”

Martinelli spoke in similar terms: “Today I will denounce the political persecution that I am subjected to by the government. I'm ready, they've tried everything and couldn't. I have everything in order and I have been generating thousands of jobs for more than 40 years.”

https://www.newsroompanama.com/news/fbi-probe-fingers-martinelli-companies-in-alleged-tax-scam

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Martinelli and wife launch lawsuits against La Prensa over tax scam report

Posted 05/08/2022

Former President Ricardo Martinelli announced criminal actions against the newspaper La Prensa, on the same day that the newspaper reported that the General Directorate of Revenue (DGI) is investigating a handful of its companies and that the  FBI alerted Panama on presumed tax evasion operations, especially of Importadora Ricamar, SA

Martinelli denies these facts and has said that  La Prensa has "the sole purpose of attacking me politically."

Former first lady Marta de Martinelli also announced that she would take legal action against the newspaper.

Lawsuits are a sustained practice by Martinelli says La Prensa. A report by the Inter-American Press Association (IAPA) indicates that the former president has filed 16 complaints and lawsuits against La Prensa (of which 14 were provisionally closed), in which he claims compensation of $41 million. The IAPA has said that these legal maneuvers are intended to impose self-censorship on journalists.

A series of reactions in favor of greater tax controls caused the publication in La Prensa of the Martinelli Companies investigation, accused of tax evasion, based on documents to which the newspaper had access, including an alleged sworn and voluntary statement by the manager of accounts of the companies of the Martinelli Group —whose authenticity Martinelli denies— as well as FBI intelligence documents, which indicate alleged tax evasion by the company that owns the Super 99, Importadora Ricamar, SA.

Fingerprinted document
The document, with the alleged fingerprint of the accountant Marcelino Velásquez, who still works in the Martinelli company, indicates that “between 1999 and 2014, a series of irregular events took place, aimed at evasion of taxes...”, while referring to “irregular” situations, which he would have endorsed as the person in charge of the company's accounting.

"I prepared and authorized many of the records being aware [sic] that they were irregular, without obtaining any personal advantage, only being able to keep my position in the company," the affidavit indicates.

As an example of this, the accountant referred to events that occurred in October 1998, in which Empresas Martinelli, SA would have acquired two foreign companies, in the British Virgin Islands, in order to fictitiously increase the costs of operations and thus be able to reduce the payment of taxes on the profits generated.

https://www.newsroompanama.com/news/martinelli-and-wife-launch-lawsuits-against-la-prensa-over-tax-scam-report-1

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Time for former president to prove his honesty

Posted 08/08/2022

Former President Martinelli has taken legal action in order not only to hinder but also to prevent the General Directorate of Revenue (DGI) from carrying out a tax investigation in companies belonging to his family group. Thus, Martinelli strengthens the doubts and suspicions that, as the FBI has warned, even one of his employees, the operations of his companies keep secrets that he desperately wants to cover up with legal resources. Instead of there being an official pronouncement on the alleged good tax management in his companies, he intends to silence, prevent, when he, personally, has done nothing for years but complain about tax evasion. Well, it is his turn to prove that he is honest and diligent in handling his business. If he intends to become president again, he should leave no trace of doubt. The threats to the media and journalists, even to DGI officials, only fan suspicions and strengthen the idea that their businesses served not only what is suspected, but is also amalgamated with accusations of money laundering, with dirty money of Odebrecht. It's time to leave the talk and prove with irrefutable facts that he is the honest operator he claims to be.  LA PRENSA, Aug.8.

https://www.newsroompanama.com/opinion/time-for-former-president-to-prove-his-honesty

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Supreme Court declares TE Martinelli ruling unconstitutional

Posted 11/08/2022

Panama’s Supreme Court has declared  “unconstitutional” the resolution of March 22, 2022, issued by the Electoral Court (TE) that ordered to maintain the electoral criminal jurisdiction of former President Ricardo Martinelli within the process for alleged money laundering related to the purchase of Panama America (Epasa) through the company New Business.

During an ordinary session of the Plenary Session of the Court on Thursday, August 11, and under the presentation of Judge María Eugenia López, the Plenary Session of the Court declared unconstitutional the ruling of the TE that revoked a ruling of the Second Administrative Electoral Court that had decided to lift the electoral penal jurisdiction to Martinelli, after a request presented by the judge third liquidator of criminal cases, Baloisa Marquínez.

The ruling had the favorable vote of six of the nine magistrates that make up the Plenary of the Court, while another three cast a save vote.

The lawsuit was filed by the lawyer Héctor Herrera, on his own behalf, alleging that the TE magistrates had exceeded their functions.

https://www.newsroompanama.com/news/supreme-court-declares-te-martinelli-ruling-unconstitutional

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Call for TE magistrates’ resignations after Supreme Court  ruling

Posted 13/08/2022

The lawyers who denounced the magistrates of the Electoral Tribunal (TE), Heriberto Araúz and Alfredo Juncá, for the alleged commission of crimes against the public administration have called for their resignations following a Supreme Court declaration that a ruling they made was unconstitutional.

On March 22 the TE was ordered to maintain the criminal electoral jurisdiction of former President Ricardo Martinelli, within the process for alleged money laundering in the New Business case and invoked the specialty principle in favor of Martinelli, despite the fact that his case was handled in the criminal sphere.

The complaints against the two TE magistrates remain active in the Public Prosecutor's Office, confirmed a source confirmed to La Prensa.

The lawyers José Alberto Álvarez and Mitchel Doens said that the performance of Araúz and Juncá has been questioned in the face of the 2024 elections.

Doens argues that this precedent leaves much to say about officials who are called to guarantee freedom, honesty, and effectiveness of the vote.

Álvarez, for his part, assured that the Court not only agreed with them, but also made it clear that Araúz and Juncá exceeded their duties and, therefore, "committed a crime ."

Both are preparing briefs to ask the Attorney General, Javier Caraballo, to ask the Court for a hearing so that Juncá and Araúz are removed from their posts.

Caraballo himself issued an opinion to the Court on the Resolution of March 22 of the TE, pointing out that the actions of Juncá and Araúz violated several articles of the Constitution, given that they issued a statement on a subject "totally outside their jurisdiction ."

 Juncá and Araúz changed their criteria on the principle of specialty when they had to attend to Martinelli's jurisdiction in the Odebrecht case.

https://www.newsroompanama.com/news/call-for-te-magistrates-resignations-after-supreme-court-ruling

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Trial of the century -  Dream Team vs weakened prosecution

Former President Ricardo Martinelli and ex-boss of Odebrecht Andre Raballo

Posted 27/08/2022

In two weeks the hearing of the Odebrecht case will be held, a trial postponed last month when almost all of Ricardo Martinelli's dream team and his close circle let the country see what they are made of. On September 12, 80 defendants and their lawyers will face prosecutors. And, due to the way in which some defendants express themselves about the judge in the case –Baloisa Marquínez– it seems that they fear for her fate.

But it will not be an easy thing for Marquínez, since it must be recognized that the Public Ministry (MP) –of its own volition– has allowed itself to be beaten, displacing the prosecutors who shaped the case. Even former attorney Eduardo Ulloa chose an outspoken Martinelli supporter as his personal assistant. And I don't think the current attorney will do much to get the organization he represents to present itself with all the strength that he possesses. And if he loses this, the trial of the century, shouldn't Caraballo resign out of sheer shame? Unless the judge correctly assesses the numerous pieces of evidence against the defendants in the file, I do not see the main defendants in jail.

It is not that there is a lack of evidence and testimony against him. What is needed is a will, desire, enthusiasm, courage, and empowerment. And we miss all of that because local politics and its corruption often kill the passion of prosecutors and judges to do the right thing. The murderous weapons are basically two and, in extreme cases, up to three: fear, money and extortion. Powerful weapons, especially if the first two don't work.

I know that the trial of the century has two battle fronts: a public one, the formal stage; the other is already waged in dark settings, under tables, clandestine meetings or through messengers carrying threats or pleas. This front has been developing for some time, with desperate strategies that include precisely the same weapons and protagonists. But this battlefield differs from that of punctures. Although the MP goes to war with deliberately decimated troops, the battlefield in the Judicial Branch seems unusually wild for the dream team.

Until now, and judging by the desperate reaction of the boy scouts, those who put their hands more than their legs, their dark battles have been lost. Even the help of his high-ranking friends has been of little use, who have achieved little in his favor. But don't underestimate them. One of those defendants has proven to be effective in the use of his weapons.

Who will win the war? I would like my bet on the outcome of this trial to be a millionaire in faith, but what I will put on the table is everything I have left after too many defeats: a microscopic part of what I had. What I do know for sure is that, when the time comes, the government of Laurentino Cortizo will be remembered for the outcome of the trial of the century. This is his prosecutor of him... and his magistrates. - Rolando Rodriguez B … La Prensa

https://www.newsroompanama.com/news/trial-of-the-century-dream-team-vs-weakened-prosecution