The continuing story of Ricardo Martinelli, his family and trials

[Jim Bondoux]

Perhaps. Perhaps not. The Martinelli people claim that the seizure of the private plane was instigated via an anonymous complaint from Panama, and not from the US authorities.

A three-page email in support of that claim is reproduced in the PanamaAmerica news site (affiliated with Martinelli).

https://www.panamaamerica.com.pa/politica/informe-revela-que-incautacion-avion-fue-por-denuncia-en-pagina-web-no-peticion-estados

[Moderator_02]

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Seized jet has navigation problems

Posted 01/03/2021

The private jet of former President Ricardo Martinelli seized in Guatemala on Friday at the request of the United States while transporting the former  first lady to visit her sons in a military prison is still sitting on the runway as it did not meet navigation requirements, the Guatemalan Public Ministry reported.               

While under the order of the Narcoactivity Crimes Prosecutor's Office as part of the seizure procedure, a routine inspection was made, which did not reveal any abnormalities. It was found, among other things, that inside the plane there were no traces of drugs nor was it used - at least on that journey - to transport illicit goods.

As part of the inspection, it was determined that the plane does not meet certain navigation requirements and, therefore, was immobilized in La Aurora and without the possibility of flying again or being transferred to another airport or country. What those requirements are were not specified.

The seizure ook place on Friday, February 26, at La Aurora airport, with the support of the National Civil Police of the General Sub-Directorate for Analysis of Anti-narcotics Information.

The seizure would have been requested by the United States Department of Commerce, for alleged export violations.

The aircraft, with a capacity for 15 passengers and acquired in 2005, is registered to the Bank of Utah Trustee, of Salt Lake City.

It is the same plane that the former president's children intended to board in La Aurora, on July 6, 2020, when they were captured, in response to an extradition request from the United States.

Ricardo Alberto and Luis Enrique Martinelli Linares have since been detained in a military prison in Guatemala, waiting for their extradition to be determined.

 

https://www.newsroompanama.com/business/seized-jet-has-navigation-problems-1

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Son of Martinelli in Guatemala Court Monday

Posted 06/03/2021

Luis Enrique Martinelli Linares, the younger son of former  President   Ricardo Martinelli will return to The Fifth Criminal Sentencing Court of Guatemala on Monday, March 8 to continue the hearing suspended on Friday so that the defense can read the files.

Martinelli appeared Friday, to learn the reasons for the extradition requested by the United States, to face money laundering,  charges but after several interventions, it was rescheduled.

At the hearing, Dennis Cuesy, the defense lawyer, said that the court cannot hear the process, arguing that the judges have already issued their opinion by deciding that his client does not have immunity.

.Martinelli Linares, 38, along with his brother Ricardo Alberto Martinelli Linares, 40, was arrested on July 6, 2020, at La Aurora International Airport in Guatemala, following an extradition request to face money laundering charges linked to Oderbrecht bribes.

 

https://www.newsroompanama.com/news/son-of-martinelli-in-guatemala-court-monday

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Ex-president's son hears reasons for US extradition request

Posted 08/03/2021

Luis Martinelli Linares appeared on Monday, March 8, before a judge of the Fifth Criminal Sentencing Court of Guatemala, for a hearing where he was notified of the reasons for the extradition requested by the United States.

The diligence was scheduled for last Friday the 5th, but was rescheduled after various allegations presented by Dennis Cuesy the legal representative of Martinelli Linares. The lawyer César Calderón, who also defends the detained former president Otto Pérez Molina, joined the defense team

 The hearing began at least an hour and a half after the scheduled time, and almost immediately, the defense presented a request related to an annulment incident, before the judge. A recess was decreed for the pertinent review, but it was rejected.

The Public Ministry [of Guatemala] stated during the hearing that the crimes for which Martinelli Linares is being required are not political and that they meet all the requirements, among which they mentioned an extradition convention.

Calderón filed a partial annulment appeal against the hearings on Friday, March 5, and today [March 8] because according to him, it is illegal for there to be two judges present and one female judge virtually, because the law does not contemplate it.

On February 5, the United States made public the accusation that falls on Luis Enrique Martinelli Linares, in which it indicates that he was charged with the alleged commission of the crime of conspiracy to commit money laundering and two crimes of concealment of information for that purpose. , between 2009 and 2015.

The son of former President Martinelli was detained last July at La Aurora Airport and remains detained together with his brother Ricardo Alberto Martinelli Linares at the Mariscal Zavala military prison.

 

https://www.newsroompanama.com/news/ex-president039s-son-hears-reasons-for-us-extradition-request-1

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Martinelli and gang of 24 face laundering trial

Posted 27/03/2021

Former President Ricardo Martinelli (2009_2014) is on the list of 25 people for whom the  Public Ministry has requested a trial in the  New Business case, the investigation that follows the purchase of Editora Panamá América, SA (Epasa) in 2010, with allegedly public funds.

All are prosecuted for alleged money laundering.

Martinelli was called to investigate this case on July 2, 2020. But when he went to the Office of the First Prosecutor against Organized Crime - he took advantage of Article 25 of the Constitution in order not to testify against himself and argued that he is protected by the principle of specialty established in the extradition treaty between Panama and the United States.

Later, the prosecutor Emeldo Márquez dismissed his position, arguing that the Public Ministry has "an obligation to prosecute crimes."

The remaining 24 in the list have a common denominator: many were contractors of the state during the Martinelli administration and face other court cases that are related to each other reports La Prensa.

 

https://www.newsroompanama.com/news/martinelli-and-gang-of-24-face-laundering-trial-1

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Spanish court rules Martinelli probe continues

Posted 06/04/2021

The National Court of Spain admitted on Tuesday Aril 6     an appeal presented by the International  Foundation (Fibgar) in the corruption process of the Spanish construction company Baltazar Garzón  FCC, for works carried out in Panama  for which former president Ricardo Martinelli is under investigation

The Appeals Chamber declared that the criminal case for the alleged commission of the crimes of corruption and money laundering in Spain should be continued and that  Martinelli remains under investigation.

The decision was unanimous, under the presentation of magistrate José Ricardo de Prada Solaesa.

Fibgar requested to be part of the process being carried out in Spain for the alleged payment of bribes from FCC in Panama. For this case, there are 14 people investigated, including Panama

lawyer Mauricio Cort, considered a frontman.

In Panama, FCC faces several legal proceedings related to the alleged payment of bribes to former officials of the Ricardo Martinelli administration for the construction of infrastructure works, including phase II of the Vía Brasil corridor, the improvement of the Vía Cincuentenario and the construction of the city of Health, among others.

 

https://www.newsroompanama.com/business/spanish-court-rules-martinelli-probe-continues-1

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Martinelli facing money laundering probe in Spain

Posted 07/04/2021

The National Court of Spain ordered the inclusion of former President Ricardo Martinelli in the investigations carried out in Madrid for the crimes of money laundering and corruption in international transactions.

IT was announced Tuesday, that Martinelli will be considered "under investigation" in the criminal case against the Spanish construction company FCC for the payment of bribes in the works contracted during his administration.

The court considered it appropriate to continue the criminal case for the crimes committed at least partially in Spain and to have Martinelli investigated.

In October 2020, Fibgar filed a complaint against Martinelli to be included and investigated in the process being followed by the National Court against the multinational Fomento de Construcciones y Contratas (FCC) and some workers and former directors of its subsidiaries FCC Construcción Centroamérica and Construcciones Hospitalarias, the latter contractor of the much-questioned project of the Hospital City.

The indictment of said that former FCC directors had confessed to having prepared documents that served “ as formal cover for the outflow of funds from the company to Mauricio Cort, as the frontman of former President Ricardo Martinelli, for the payment of commissions demanded by him. to allow FCC to operate in Panama ”.

Unlike Cort, Martinelli had not been investigated or charged in Spain. At that time there were 14 defendants and the Spanish anti-corruption prosecutor's office had determined that “ all of them would have participated, in a consortium with the multinational Odebrecht, generating cost overruns in steel supply contracts worth more than [$96.7 million, in the construction projects of the Metro lines and the City of Health, among others ”.

In Panama, the Public Ministry investigates the alleged commission of the crimes of embezzlement, corruption, and money laundering in five state projects: Health City the construction of the Metro, the reorganization of the Vía Brasil road, the widening of Domingo Díaz avenue and renovation of  Casco Viejo

In only one of those five projects investigated by anti-corruption prosecutors cost overruns of more than $40 million have been detected.

 

https://www.newsroompanama.com/business/martinelli-facing-money-laundering-probe-in-spain

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Martinelli legal team denies probe reports

Posted 08/04/2021

Members of former president Ricardo Martinelli's legal team at a hastily called press conference on Tursdaydenied that he is being investigated in Spain for the FCC case, much less has he been charged with an alleged crime.

According to international media, Martinelli is being investigated for corruption and money laundering of money that was produced, in part, in Spain.

The Baltasar Garzón Foundation for Human Rights and Universal Jurisdiction (FIBGAR) was the one that filed the complaint about the alleged crimes due to an alleged payment of 82.7 million to the officials for major government contracts in Panama.

 

https://www.newsroompanama.com/news/martinelli-legal-team-denies-probe-reports

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Spoils of alleged money laundering remain detained

Posted 24/04/2021

A helicopter belonging to Luis Enrique Martinelli Linares, confiscated as part of the process for alleged money laundering related to the Odebrecht construction company will remain detained says an April 21 edict by Judge Baloisa Marquínez.

On March 31, 2017, the helicopter was seized in Tapachula, Mexico, following a request from the Special Anti-Corruption Prosecutor's Office, which links its acquisition to the payment of bribes from Odebrecht. After being brought to Panama, the helicopter was placed in the custody of the Ministry of Economy and Finance and was guarded by the National Aeronaval Service (Senan).

The Special Anti-Corruption Prosecutor's Office investigates Luis Enrique and Ricardo Alberto Martinelli Linares, sons of former President Ricardo Martinelli, for allegedly receiving money from Odebrecht through Swiss banks, as bribes. The Public Ministry charged them with alleged money laundering.

Guatemala jail
The brothers remain detained in a military jail in Guatemala, after being captured in July 2020, following a petition from a United States court, which requires them for alleged conspiracy to launder money and hide information on money laundering. The prosecution warns that the assets linked to the charges are subject to confiscation if eventually the defendants are convicted.

In the case of Panama, the court ordered the detention of the aircraft until the completion of the Odebrecht case.

On April 12, the prosecution forwarded the conclusions (prosecutorial hearing) of the case to the Judicial Branch for its qualification. The document requests a trial for 50 people and the dismissal of another 29.

However, on Monday, April 19, the file had not yet physically reached the Third Settlement Court, since the Department of Single Entry Distribution, in charge of reviewing the folios that make up the file, found some errors in the order of the pages, so a process of verification of the numbering began.

 

https://www.newsroompanama.com/news/spoils-of-alleged-money-laundering-remain-detained

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Guatemala Court rejects appeal of son of Martinelli

Luis Enrique with lawyer Denis Cuesy

Posted 27/04/2021

Luis Enrique Martinelli Linares, detained in Guatemala nine months ago, moved one step closer to extradition to the  United States when a court rejected on Monday, April 26  an appeal against the judges who must decide his eventual removal.

The challenge was presented by Denis Cuesy Lessing, the lawyer for Martinelli Linares, who argued in his claim that the judges of the Fifth Court of Criminal Sentencing, Drug Trafficking and Crimes against the Environment had issued opinions, without knowing the response of the Central American Parliament (Parlacen), on the alleged prerogatives that his client would have.

Since his arrest, on July 6, at the La Aurora airport in Guatemala City , the defense of Luis Enrique and his brother Ricardo Alberto Martinelli Linares (also detained in that operation) has been based on the fact that both are diplomats and alternate deputies of the Parlacen.

The regional body has recognized that the two sons of former President Ricardo Martinelli have never been sworn in or have served as such, although they were elected in office in the general elections of May 2019.

Cuesy maintains that the opinions advanced by the Fifth Court, without waiting for the formal opinion of Parlacen, violate the right of defense of his client.

However, on April 26, justices Freedyn Waldemar Fernández Ortiz (president), Aura Marina Mancilla Solares and Carlos Patricio Rodríguez Meza declared that there was no room for the challenge raised by Cuesy against the Fifth Court judges.

"Consequently, said judges must continue to hear within the extradition proceedings," the ruling indicates.

Cuesy had verbally announced this appeal on March 5, in a hearing held by the Fifth Court, which is responsible for deciding the eventual delivery of Luis Enrique to the United States, where he is accused of t crimes related to money laundering.

The extradition process of Ricardo Alberto is settled in another instance, the Third Criminal Sentencing Court, Drug Trafficking and Crimes against the Environment. There, too, Cuesy has presented several appeals to question the suitability of the judges.

It is not the first time that the Appeals Chamber has rejected a challenge of  Cuesy, within the case. In January, it denied a similar action and ruled that the action of the Fifth Court does not violate the bilateral extradition treaty with the United States, as the lawyer argued on that occasion.

The two sons of former President Martinelli are requested in extradition to respond to an accusation filed in the Eastern District Court of New York, on three charges: one for allegedly conspiring to launder money, and two more, for hiding information about the laundering of capitals.

Luis Enrique faces two additional charges, for the alleged use of money obtained through money laundering.

On March 8, another hearing was held in the Fifth Court to hear why Luis Enrique is required in extradition. The Public Ministry of Guatemala listed the charges against him and the sanctions he could face, according to the accusation that rests in the Eastern District Court of New York. The judges had not communicated any decision, waiting, precisely, for the result of the challenge that, finally, was announced on April 26.

The two brothers remain in a military prison.With information from El Periódico de Guatemala

 

https://www.newsroompanama.com/news/guatemala-court-rejects-appeal-of-son-of-martinelli

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Imprisoned son of Martinelli seeks hospital transfer

Posted 28/04/2021

Guatemala’s Fifth Court of Criminal Sentencing, Drug Trafficking, and Crimes against the Environment has ordered a forensic doctor to examine Luis Enrique Martinelli Linares, after he requested to be transferred to a hospital, for alleged heart problems.

The medical evaluation will be carried out at the Mariscal Zavala military prison, where Martinelli Linares has been detained since his capture, on July 6, at the La Aurora airport in Guatemala, at a time when he was trying to board a private plane to Panama, with his brother Ricardo Alberto Martinelli Linares.

The information was made known Tuesday, April 27, by Denis Cuesy, the lawyer for the Martinelli Linares brothers after the Court of Appeals rejected a challenge (the second, in almost four months) that Luis Enrique presented against the judges of the Fifth Court, who must decide his extradition to the United States.

For a judge to order the transfer to the hospital, the National Institute of Forensic Sciences (Inacif) must determine that the detainee requires in-hospital care.

The two sons of former President Ricardo Martinelli are requested in extradition to answer for an accusation filed in the Eastern District Court of New York, on three charges: one for allegedly conspiring to launder money, and two more, for hiding information about him. money laundering.

Luis Enrique faces two additional charges, for the alleged use of money obtained through money laundering. Last week a Panama court ruled that a helicopter, seized in Mexico should remain detained.

The former president has a history of using the health card to avoid or stall court appearances.

 

https://www.newsroompanama.com/news/imprisoned-son-of-martinelli-seeks-hospital-transfer

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Martinelli's son stays behind bars

Posted 04/05/2021

The National Institute of Forensic Sciences of Guatemala (Inacif) reported on Monday, May 3 that Luis Enrique Martinelli Linares - son of former President Ricardo Martinelli - was evaluated through a clinical cardiologist and the examination determined that his general health status is stable and does not warrant being admitted to a hospital.

The Fifth Court of Criminal Sentencing, Drug Trafficking and Crimes against the Environment of Guatemala ordered last week that a forensic doctor examine Martinelli Linares, after he asked to be transferred to a hospital for alleged heart problems.

The medical evaluation was carried out at the Mariscal Zavala military prison, where Martinelli Linares has been detained since his capture, on July 6 at Guatemala's La Aurora airport, at a time when he was trying to board a private plane to Panama along with his brother Ricardo Alberto Martinelli Linares, who has also been detained since that date.

On April 27, Denis Cuesy, lawyer for the Martinelli Linares brothers, announced that he would be tested.

It was reported that this medical evaluation was carried out last Thursday 29 and, according to the results, as stated, the detainee does not require hospitalization.

The two sons of former President Ricardo Martinelli (2009-2014) are requested in extradition by the United States government to answer for an accusation filed in the Eastern District Court of New York, on three charges: one for allegedly conspiring to launder money and two more for allegedly hiding information on money laundering.

Luis Enrique Martinelli Linares faces two additional charges for the alleged use of money obtained through money laundering.

Both brothers, whose extradition is aired in two different Guatemalan courts, have objected to the process through various remedies, without positive results so far.

(With information from Ronny Ríos of El Periódico de Guatemala). 

 

https://www.newsroompanama.com/news/martinellis-son-stays-behind-bars

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Facebook sanctions former president Ricardo Martinelli

Posted 09/05/2021

Ricardo Martinelli  has joined  Donald Trump and Nicolás Maduro in the Unholy  Trinity  of  presidents and ex-presidents  sanctioned by Facebook he revealed on Twitter on Sunday without giving more details of the "punishment" by the social network  

He decided to open a new account and directly blamed the "trolls" of the government for blocking his account.

The measure does not remove Martinelli's page from the platform, but "freezes it for 30 days, in which only the previous content of the account can be read", but nothing new can be published. e for a month for having "violated his policy against disinformation about covid-19."

In a video, Maduro promoted the use of Carvativir, an antiviral extracted from thyme that the Venezuelan president has ordered to be given to patients with covid-19 as a complementary treatment, despite the fact that there is no evidence that it is effective and safe against the virus. Maduro had already criticized the founder of Facebook, Mark Zuckerberg, for not allowing him to upload some videos in which he talked about the drug.

“Who is in charge in Venezuela, the owner of Facebook? Who rules the world, the owner of Facebook? Abuser Zuckerberg is a tremendous abuser. The world has to reflect on the abuses of social networks. They are billionaire people who want to impose their truths, their reasons, their abuses on the world, “said Maduro.

That message was similar to the one issued by former US President Donald Trump after Facebook, Twitter andYouTube permanently suspended his accounts on each of their platforms, due to their responsibility in the assault on the Capitol on January 6.

Trump, who was still in power when that permanent suspension took place, affirmed then that Twitter had "gone further and further in prohibiting freedom of expression," while the social network insisted that it could not allow any speech that may incite hatred or attacks like the one on the Capitol.

Currently, Trump's Facebook account remains suspended following the decision of Facebook's supervisory board.

In a statement published on May 5, the panel recommended that the company review the decision within six months and publicly detail its sanctions policy.

Facebook decided that the independent supervisory council made up of 20 members, including lawyers, human rights defenders, and journalists, would be in charge of making the decision whether or not to reestablish the Facebook and Instagram accounts of the former US president.

 

https://www.newsroompanama.com/news/facebook-sanctions-former-president-ricardo-martinelli

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Court cancels bail bond for ex-president's son

Posted 09/05/2021

The Second Court of Justice ordered the cancellation of the release bond of $5 million granted to Luis Enrique Martinelli Linares for alleged money laundering through the Blue Apple company.

The court declared the cancellation of the bond and also ordered the return of the money consigned to Aseguradora Ancón SA

The court also upheld the arrest warrant against Martinelli, issued on September 24, 2018, by the now-defunct Sixth Anti-Corruption Prosecutor's Office.

The  Twelfth Criminal Court, in September 2020, also annulled a bond of $ 2 million granted to Martinelli, but in the process for alleged money laundering through Odebrecht.

On that occasion, Judge Óscar Carrasquilla agreed to the request of the Ancón Insurer –managed through the lawyer Wilson Roberto Espinoza–, after it was established that it was impossible for Luis Enrique Martinelli to return to the country.

Since July 6, 2020, Luis Enrique and his brother Ricardo Alberto Martinelli Linares have been detained in a military prison in Guatemala, following a request for their arrest made by the United States.

The United States requires them in extradition for the alleged commission of conspiracy to launder money and hide information on money laundering.

 

https://www.newsroompanama.com/news/court-cancels-bail-bond-for-ex-presidents-son-2

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Leash shortens for Martinelli  wiretapping retrial

Posted 12/05/2021

The plenary session of the Supreme Court has not admitted a constitutional guarantee protection presented by the defense of former President Ricardo Martinelli against the judgment of the Superior Court of Appeals of November 20, 2020, which reversed the ruling that declared him "not guilty" of illegal wiretapping and ordered a new trial for June  22.

In the ruling, the magistrates concluded that the appeal sought to turn the Court into "one more judicial instance", in order to verify the actions of the Superior Court of Appeals, a situation that it is not compatible with the protection of guarantees.

Judge Maribel Cornejo, rapporteur for the appeal, specified that the Court cannot begin to discuss the value judgments made by the Superior Court of Appeals, and added that in this case there is no violation of constitutional guarantees. The Amparo, presented on December 22 by the lawyer Carlos Carrillo, on behalf of Martinelli, sought to revoke the ruling of magistrates Donaji Arosemena and Yiles Pittí [of the Superior Court of Appeals], on the grounds that they violated the guarantees s of Martinelli when entering to solve background situations of the process.

It also alleged that in the decision, the magistrates included situations that were not raised in the appeal for annulment filed by Ricaurte González, the prosecutor who represents the Public Ministry in the process.

However, this theory was refuted by the full Court when it pointed out that the process had been subject to multiple reviews and that no elements were found to indicate this situation.

Carlos Herrera Moran, the lawyer for a group of victims of illegal interception of communications, affirmed that resources like this one are delaying tactics to avoid facing the new trial.

 

https://www.newsroompanama.com/news/leash-shortens-for-martinelli-wiretapping-retrial

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Martinelli's son files two appeals to stall extradition to US

Posted 14/05/2021

Luis Enrique Martinelli Linares, detained in Guatemala for 10 months, presented two appeals to prevent his eventual extradition to the United States, where he is required - with his brother Ricardo Alberto - for alleged crimes related to money laundering.

The amparos were presented before the Supreme Court of Guatemala, against decisions adopted by the Fifth Court of Criminal Sentencing, Drug Trafficking and Crimes against the Environment, which is responsible for deciding the delivery of Luis Enrique to the United States.

The process followed by Ricardo Alberto is settled in another court: the Third Criminal Sentence, Drug Trafficking and Crimes against the Environment.

Luis Enrique Martinelli's defense claims that the Fifth Court judges have not accepted the evidence presented by their lawyers, said Rony Ríos, of the Guatemalan newspaper El Periódico .

Since their capture, on July 6, at the La Aurora airport in Guatemala City, the defense of the children of former President Ricardo Martinelli has been based on the fact that they are both diplomats and alternate deputies of the Parlacen. The regional body has recognized that the brothers have never been sworn in or have served as such, although they were elected in office in the general elections of May 2019.

The two sons are requested for extradition to answer for an accusation filed in the Eastern District Court of New York, on three charges: one for allegedly conspiring to launder money, and two more, for hiding information about laundering.

Luis Enrique faces two additional charges, for the alleged use of money obtained through money laundering.

 

https://www.newsroompanama.com/news/martinellis-son-files-two-appeals-to-stall-extradition-to-us

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Court rules three strikes against Martinelli

Posted 19/05/2021

The guarantee judge Elquis Martínez denied on Tuesday, May 18 three appeals with which former President Ricardo Martinelli made in the illegal wiretapping retrial to be heard on June 22

In the three appeals, the defense of the ex-governor alleged that rights were infringed.

Alfredo Vallarino, Martinelli's lawyer, argued that the fundamental rights of his client were affected in the first trial that followed due to the wiretaps since the accusation was not presented to him. Likewise, it affirmed that in said process Article 191 of the Constitution was violated, which establishes the crimes for which an acting President can be sentenced.

The judge, however, concluded that the Supreme Court has already rejected the premises inherent in the indictment of Martinelli and the application of Article 191 of the Constitution and that the decisions of that corporation are final and unappealable.

Vallarino also alleged that the charges for crimes against the inviolability of secrecy and the right to privacy imputed to his client have already expired.

However, the judge indicated that Martinelli's defense did not present the documents with the dates with which the alleged prescription could be analyzed.

Prosecutor Ricaurte González and lawyer Carlos Herrera Morán -the latter defender of several of the plaintiffs in the process- also opposed the arguments of Martinelli's defense and with regard to the accusation, they highlighted that the Court has already formally declared the ex-ruler accused.

Herrera Morán said that these resources only seek to delay the second trial, set for June 22.

He explained that these hearings on the infringement of rights have no significance since the alleged issues have already been overcome in the intermediate phase of the process and in the first trial.

 

https://www.newsroompanama.com/news/court-rules-three-strikes-against-martinelli

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Former president struggles to avoid retrial

Ricardo Martinelli

Posted 24/05/2021

Former  President Ricardo Martinelli (2009-2014) will return  to the courtroom on   Wednesday, May 26, for a new hearing in the case of illegal interception of messages as he seeks to avoid a retrial  in which if found guilty he could face a 20-year jail term

The defense of the former president had alleged "infringement of rights", for which he intended to annul the process that is being followed and for which he must go to trial on June 22. But a judge of guarantees rejected these claims, which led to an appeal by the defense, which will now be heard by a Court of Appeals, made up of three judges.

According to    Alfredo Vallarino, from Martinelli’s defense team his rights were affected in the first trial, since, according to his interpretation, the accusation was not presented to him. It also alleges that in the process Article 191 of the Constitution was violated, which establishes the crimes for which an incumbent President can be declared responsible. In addition, they argue that the crimes of inviolability of secrecy and the right to privacy are prescribed.

On May 18, the guarantee judge, Elquis Martínez, denied the request, arguing that the Supreme Court of Justice had already rejected the imputation and the subject of Article 191. In addition, he said that the president's defense did not support the presumed prescription with dates.

In November 2020, the Superior Court of Appeals annulled the sentence that in August 2019 acquitted the former President of charges of espionage and corruption during his government, and ordered a repeat trial.

 

https://www.newsroompanama.com/news/former-president-struggles-to-avoid-retrial

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Guatemala court approves extradition to US of Martinelli’s son

Posted 25/05/2021

The Fifth Court of Criminal Sentencing, Drug Trafficking, and Crimes against the Environment of Guatemala authorized the extradition of Luis Enrique Martinelli Linares, to the United States for the alleged commission of various crimes related to money laundering.

The information was communicated on Tuesday, May 25, by the Public Ministry (MP) of Guatemala.

No date was given for the delivery to the United States.

The Fifth Court also ordered the seizure of the assets that the accused was carrying when he was arrested. When he was captured, he was carrying cell phones, cash and passports.

The MP indicates that Martinelli Linares is wanted on four counts, ranging from conspiracy to launder money, money laundering, and instigation.

Martinelli Linares, 38, was captured on July 6, 2020, at the La Aurora airport in the Guatemalan capital, when he was about to board a private flight to Panama, with his brother Ricardo Alberto, 40.also required by the United States. That plane was taken into custody last March, also at the request of the US authorities.

Ricardo Alberto's extradition is settled in another court, the Third Criminal Sentencing, Drug Trafficking, and Crimes Against the Environment, which has not yet made a ruling on the matter.

Since their capture, the two sons of former President Ricardo Martinelli have remained in the Mariscal Zavala military prison, while presenting various appeals against their detention, which they consider illegal since -according to them- it violates a presumed immunity that they would have as alternate deputies of Parliament. Centroamericano (Parlacen) , based in Guatemala. The Parlacen has recognized that, although elected in May 2019, the Martinelli Linares were never sworn in or took formal possession of their positions.

The indictment against the Martinelli Linares brothers was filed in the Eastern District Court of New York.

Just for the crime of conspiracy to launder money, the penalty would be up to 20 years in prison. For the crime of hiding information, the maximum penalty is also 20 years in prison. If they are finally convicted, the assets linked to the charges for which they are accused could be confiscated.

 

https://www.newsroompanama.com/news/guatemala-court-approves-extradition-to-us-of-martinellis-son

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Martinelli loses another round and appeals

Ricardo Martinelli appeals statute of limitations denial

Posted 28/05/2021

The guarantees judge, Elkis Martínez, denied, on Friday, May 28, 2021, a request for prescription of criminal action in the case of illegal wiretaps, which had been presented by the defense of former president Ricardo Martinelli. Martinelli's defense announced an appeal, so a new hearing was set next June 4.

During the hearing, the judge pointed out that the crimes that are charged have a maximum of four years of punishment, of which six months are missing for a prescription.

The judge spoke in an "academic manner" and stated that "the prescription was not valid," said prosecutor Aurelio Vásquez, at the end of the hearing. Vásquez also affirmed that "the prosecution has always been objective" and is prepared for a trial hearing.

"This is an important judicial victory for the victim and for the lawsuit within this great concern of justice," said Carlos Herrera Delegado, one of the lawyers for the victims of the wiretaps

Herrera Delegado added that, after the appeal, "there will be no obstacle" for former President Martinelli  to "face justice."  On June 22 the day set for the wiretapping trial.

The lawyer Alma Cortés, from Martinelli's legal team, said that on June 4 the defense of the former president will reaffirm its thesis that there is a prescription for criminal action.

"The crime for which Ricardo Martinelli was investigated has already been prescribed," said her colleague Carlos Carrillo.

 

https://www.newsroompanama.com/news/martinelli-loses-another-round-and-appeals

[Moderator_02]

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OPINION: Martinelli  replays the health card

A photograper from a Martinelli-owned newspaper was on hand to record his hospital stay

Posted 02/06/2021

Former president Ricardo Martinelli continues to mock Panamanians. He has never had the slightest qualm and does whatever it takes because he believes he is unpunishable powerful and defended by a legion of lawyers, sheep, and officials who are capable of anything for a few coins.

Therefore, it is shocking to see him on social media saying that he has several affected vertebrae within days of facing trial.

This same character jumped and partied in the middle of the covid-19 pandemic.

Justice has yet another opportunity to locate Martinelli and demand answers to each of his accusations so that no president or former president will ever again pretend to make fun of Panamanians.

That is what we lack. The rule of law to do its job to not depend on the punishment of the United  States  and for this country to establish a before and after against corruption.- MI DIARIO, Jun. 2

 

https://www.newsroompanama.com/opinion/opinion-martinelli-replays-the-health-card

[Moderator_02]

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Son of ex-president Martinelli appeals extradition to US

Posted 03/06/2021

The lawyers of Luis Enrique Martinelli Linares, detained for 11 months in Guatemala, presented three appeals, in an attempt to prevent his extradition to the United States, where he is wanted to face trial in New York for crimes related to money laundering.

The appeals must now be resolved by the First Chamber of the Court of Appeals of Guatemala.

In the past, the Court of Appeals denied a challenge to the defense against the Fifth Court judges. The lawyer Denis Cuesy alleged in that action that the judges had issued opinions, without knowing the response of the Central American Parliament (Parlacen) , on the alleged prerogatives that his client would have. The Court has also rejected Cuesy's arguments regarding alleged violations of the bilateral extradition treaty between the United States and Guatemala.

Since his capture, on July 6, at the La Aurora airport in Guatemala City, the defense of Luis Enrique and his brother Ricardo Alberto Martinelli Linares (also detained in that operation) has been that both are diplomats and alternate deputies of the Parlacen. The regional body has recognized that the two sons of former President Ricardo Martinelli were elected in May 2019, but they have never been sworn in or have served as such.

 

https://www.newsroompanama.com/news/son-of-ex-president-martinelli-appeals-extradition-to-us

[Moderator_02]

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Protected witness reveals Martinelli AKA “Águia”

Posted 03/06/2021

At the beginning of June 2017, La Prensa published, for the first time, a nickname that at that time lacked a face. The nickname appeared on the bribery sheets paid by Odebrecht's Structured Operations Sector. The alias was “Águia”, which in Portuguese means Eagle, but which also has other definitions: leader, boss, ruler and scoundrel.

For years, reports La Prensa there was speculation about the identity of 'Águia', although the fingers of the majority pointed almost always in the same direction.

As a security policy, the Structured Operations Sector, to prevent the true identity of its operators and bribes from being known and disclosed, identified them with nicknames.

The Special Anti-Corruption Prosecutor's Office received a document on September 25, 2020, that contained information provided by a protected witness, identified as FEA-0001-2020, within another investigation carried out by that Prosecutor's Office. In Águia's case, the report uncovered his face: Ricardo Martinelli Berrocal.

This would suggest that Martinelli -alias Águia- was receiving millions for years, sent by the Structured Operations Sector, money that was extracted from public works that his government awarded to Odebrecht.

or example: on October 9, 2014, Odebrecht ordered two payments. In the first column appeared the initials DS, which corresponds to the applicant (the Superintendent Director, position that André Rabello held in Panama). Another column identified the works, and in this one appeared “costeira tape” and “costeira tape 3”. And in the alias column, “Águia” appeared, with payments of $100,000 and $400,000.

A month before, another payment was made to Águia, of $500 000, linked to "Cinta Costera 3".

That is, in just one month and three payments, Águia -or Martinelli- would have received $1 million. In August, September and December 2013, Águia received other payments: $282,000, $250 000 and $500,000, respectively. Total: $1 million 32 thousand. The funds were taken from the project that Odebrecht called the “Corredor Colón”, probably referring to the Madden-Colón highway.

Nicknames for security

When Marcelo Odebrecht created the Structured Operations Sector, he adopted as a security measure that no one knew the names of the bribes or the financial operators. To avoid this, he decided that everyone should receive a nickname with which they would identify

But “Águia” has older mentions. The payments seem to have started in 2009. “Águia” appears in instructions related to Panama and received by the external operator alias “Gigo” (Olivio Rodrigues Junior, who managed the Constructora Internacional del Sur account in Panama, SA, destined to the payment of bribes.

The Special Anti-Corruption Prosecutor's Office collected another eight payments that the Structured Operations Sector made to Águia in 2010, 2011 and 2014, which totaled $3.2 million. It was the company itself -Odebrecht- that delivered the payment orders through which it was possible to identify the beneficiary of illicit money with the pseudonym 'Águia'.

The money in most of the cases went to bank accounts controlled by Martinelli’s sons Ricardo and Luis Enrique Martinelli Linares currently jailed in Guatemala awaiting extradition to the United States to face money laundering charges.

 

https://www.newsroompanama.com/business/protected-witness-reveals-martinelli-aka-aguia

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Court unanimously rejects Martinelli appeal

04/06/2021

In a unanimous decision, the three judges of the Superior Appeals Court rejected an appeal by the Defense team of Ricardo Martinelli in a last-gasp attempt to avoid a retrial of the illegal wiretapping case set for June 22.

The decisions were based on the fact that they reminded the defense of the ex-president that the matter of the imputation in the case was already dealt with in a ruling of the Supreme Court of December 7, 2018.

The Supreme Court ruled that everything done in the intermediate phase of this process, known as the punctures, was valid.

This means that the trial scheduled for June 22 remains.

The Superior Court of Appeals made up of magistrates Miriam Jaén, Gladys Moreno, and Adrián Hernández, decreed a recess until 4:00 pm Friday, June 4, to resolve an appeal presented by the defense of former President Ricardo Martinelli, accused in the case punctures.

The defense requested in its appeal that a ruling by a guarantee judge who did not accept a request for prescription of the criminal action, in this case, be rejected.

During the hearing, which began at 8:30 am, the prosecutor Alexis Medina and the plaintiff lawyers Yovan Jaramillo, Carlos Herrera Morán, David Cuevas, Rosendo Rivera and Carlos Herrera Delegado participated. The defense was in charge of Alma Cortés.

During the hearing, which was held virtually, Cortés argued that the criminal action is already prescribed, because the facts investigated date back to 2012 and 2014.

 

https://www.newsroompanama.com/news/court-unanimously-rejects-martinelli-appeal

[Moderator_02]

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Martinelli avoids chance to clear his name

06/06/2021

The defense of Ricardo Martinelli has tried to end the prosecution process against his client, in the case of the punctures, [wiretaps] making use of the formalities of the law, in this case, the prescription. It is obvious that he is within his rights, but a decision based on that reason will never clear the doubts about the accusations and suspicions that weigh on him in the illegal espionage of dozens and dozens of people, many of them, his enemies and political and commercial rivals, journalists, officials, and even close collaborators. The suspicions were fed by the accused himself, who never ceased to boast of having a file on everyone, especially his critics or adversaries. For someone who claims and vociferates his innocence, a disservice is done if these accusations are not dismissed in a public trial. And although the request for prescription of the case was not granted, it is clear that these maneuvers seek at all costs to delay the start of this second trial. A person who seeks to rule the country (again) should offer us a candidacy free from suspicion. Trust doesn't come with the job - you have to earn it. And you don't win by dodging the only way you can get rid of suspicion. LA PRENSA, Jun. 6.

 

https://www.newsroompanama.com/opinion/martinelli-avoids-chance-to-clear-his-name