Odebrecht Corruption & Hearing

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2 new defendants join ex-presidents in Odebrecht money probe

Ex-presidenta Martinelli and Varela are defendants in money laundering probe

Posted 18/09/2020

The Special Anti-Corruption Prosecutor's Office has ordered the investigation of two new people linked to the   Odebrecht bribery investigation

While orders to appear have already been issued, no names were revealed on Friday morning, September 18.

The investigation involving at least $90 million in bribes began in Panama in 2015 but was interrupted the following year when Odebrecht signed an admission agreement with the United States Department of Justice.

Then the process had several delays due to the international judicial assistance requested by the

Prosecutor's Office and due to the legal stalling moves by the accused. The deadline for the prosecution's investigation to conclude is in October.

The Brazilian construction company obtained multi-billion contracts in the governments of Martín Torrijos (2004-2009), Ricardo Martinelli (2009-2014), and Juan Carlos Varela (2014-2019).

Only Varela and Martinelli are charged in the case.

 

https://www.newsroompanama.com/business/2-new-defendants-join-ex-presidents-in-odebrecht-money-probe

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More defendants in multi-millions bribery scandal as clock running out

Posted 07/10/2020

As the clock ticks down to the final week of the multi-million dollar Odebrecht  bribery case special anti-corruption  prosecutor Ruth Morcillo, has announced  that  an additional group of  defendants is under investigation while  she and her partner Adecio Mojica, complained about the judicial delays to resolve appeals and set hearing dates.

in an interview with  TVN program Mesa de Periodistas . Although she did not mention names, the prosecutor reported that they are individuals linked to the payments made through the so-called Caja Dos de Odebrecht , a division created by the Brazilian construction company to pay bribes, and  hidden financing  of political parties.

The Odebrecht case, considered an emblematic process of corruption, closes on October 14. From that moment on, the prosecution must draw up the tax hearing, a document that will then be sent to the Judicial Branch.

Until a few days ago, there were 88 defendants in this case, but Attorney General Eduardo Ulloa recently said that it  could close with more than 90 defendants. The defendants include two former presidents Ricardo Martinelli (2009-2014) and Juan Carlos Varela (2014-2019).

Mojica said  that there are files that have been delivered more than 10 years ago and have not been resolved. One such case is known as “fiberglass”, which tracks alleged irregularities in the execution of fiberglass removal work in public schools. That investigation began on August 26, 2009, and to date there have been no convictions.

 

https://www.newsroompanama.com/business/more-defendants-in-multi-millions-bribery-scandal-as-clock-running-out-1

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Panama banker questioned for 9 hours in laundering probe

Posted 09/10/2020

Prominent  Panama banker Juan Antonio Niño was questioned by anti-corruption prosecutors for nine hours on Thursday, October 8 as part of the investigation into the bribes paid by the Odebrecht company.

Niño attended the interrogation, seven months after his first summons to the investigative office  which  was rescheduled due to the pandemic, and after availing himself of his right not to testify against himself,

The prosecution is investigating Niño for alleged money laundering.

he banker had been granted a release bond of $800,000, and cannot leave the country without judicial authorization.

Niño is the brother-in-law of the wife of former deputy José Luis  Popi  Varela, brother of former president Juan Carlos Varela (2014-2019) nut originally said he had no ties ro the family. The former president is also accused in the Odebrecht case and cannot leave the country.

 

https://www.newsroompanama.com/business/panama-banker-questioned-for-9-hours-in-laundering-probe

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OPINION: Battling to avoid monumental escape

The Supreme Court

Posted 13/10/2020

The investigations into the Odebrecht case culminate this week, after months of investigations that probably end up incomplete, given its complexity. Prosecutors have done their work in a hostile environment, with frontal media attacks, both from those involved and from politicians who intend to bury the case under a pile of formalities that seek not to get to the bottom, that the denunciations are discarded, as well as the bank pieces of evidence. But, beyond all this, it has become clear that our criminal legislation is undermined, made so that the slightest error on the part of the parties serves to annul complete investigations, when what is possible are less severe solutions, such as corrections. Both the Public Ministry and the Judicial Branch have legislative initiative that could pave the way to make judicial processes less formal and provide greater procedural guarantees to do true justice. The Public Ministry will now have to prepare a tax hearing in this case. He wants dozens of defendants to be prosecuted in an emblematic and very high-profile case. If there is merit to call a trial, the fate of the process will be in the hands of the Judicial Branch, which will have one of its hardest tests.- LA PRENSA. Oct. 13

 

https://www.newsroompanama.com/opinion/opinion-battling-to-avoid-monumental-escape-1

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3 “sick” women  and more dodge bullet in $100 million bribery  probe

Posted 15/10/2020

The investigation phase of the five year long  Odebrecht  $100 million bribery case ended Wednesday, October 15 without the Special Anti-Corruption Prosecutor's Office completing all the investigations allowing multiple suspects to dodge justice as the clock ran out.

For example, reports La Prensa, three women linked to the investigation during the reign of Ricardo Martinelli could not be questioned because they presented certificates of medical incapacity a tactic that Martinelli himself used in  July to avoid appearing. Another person did not appear when called for questioning.

The case also closed without the Supreme Court deciding three guarantees. One was filed by former President Juan Carlos Varela, another by the Ecuadorian citizen Freddy Barco Vera, and the third was filed in November 2018  by Juan Carlos Espinosa's lawyer.

Delaying tactics
There are also 40 appeals filed before the Twelfth Criminal Court, but after their liquidation, they must be resolved by the Third Settlement Court, led by Judge Baloisa Marquínez. This office must also resolve another 20 appeals processed by the Second Superior Court. The Judicial Code indicates that the prosecution will have an additional day for every 50 pages that the file contains to submit its l hearing and the investigation, until a few days ago, amounted to 1,150 volumes.

The team of prosecutors who must work on the indictments are Tania Sterling, Ruth Morcillo, Anilú Batista and Azucena Aizprúa. The last two joined the team last February after the arrival of the new attorney, Eduardo Ulloa. While Zuleyka Moore, who coordinated the case, was moved to a prosecution post in La Chorrera in May.

During the investigation, the prosecutors reached 11 effective collaboration agreements and penalties. At least 127 international assists were received.

The case began in 2015, after former comptroller Alvin Weeden denounced the payment of bribes from the construction company in Panama. However, it was on hiatus for several months and did not take flight until December 2016 when it became known, via the United States, that the construction company had paid bribes in various countries. In Panama alone, it was revealed at the time, it had distributed $59 million. The figure was small. In December 2018, the Public Ministry revealed that the company had paid more than $100 million in bribes.

The case began in 2015, after former comptroller Alvin Weeden denounced the payment of bribes from the construction company in Panama. However, it was on hiatus for several months, and did not take flight until December 2016 when it became known, via the United States, that the construction company had paid bribes in various countries. In Panama alone, it was revealed it had distributed $59 million. The figure was small. In December 2018, the Public Ministry reported that the company had paid more than $100 million in local bribes.

Slap in the face
Law professor , Miguel Antonio Bernal describes the  investigation as a slap in the face for the Panamanian people. “The Public Ministry has been protecting, covering up and benefiting Odebrecht, its bribes for five years. "The bribes are embedded in the structure of the Panamanian state," he said.

Political scientist Richard Morales maintains that it is a chain of complicity that involves traditional political parties, businessmen, banks, law firms, and construction companies. "In other countries they have been condemned," he said.

 

https://www.newsroompanama.com/business/3-sick-women-and-more-dodge-bullet-in-100-million-bribery-probe-1

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Las donaciones envenenadas

En la jurisdicción electoral las donaciones que dio Odebrecht a partidos y candidatos pasaron sin pena ni gloria. Hasta ahora no se conocen procesos o sanciones por el tema.

 

Eliana Morales Gil

19 oct 2020 - 12:00 AM

El escándalo también obliga a poner la mirada sobre la fiscalización de los ingresos y egresos de partidos. Archivo

La justicia electoral fue otra de las grandes perdedoras con el caso Odebrecht: donaciones en las sombras, triangulaciones, y poca fiscalización del financiamiento político.

No solo se omitió y transgredió la ley electoral, sino que quedó al descubierto el esqueleto de un sistema que facilitó la compra de influencias con donaciones envenenadas, fórmula que permite cobrar favores a futuro. Al principio todos negaban haber recibido aportes de la constructora, pero, a partir de los acuerdos entre el Ministerio Público y ex operadores de la empresa, el periodismo y la presión ciudadana, la información salió a la luz. Entonces se supo que Odebrecht financió el mercadeo de la campaña de José Domingo Arias, el candidato presidencial de Cambio Democrático para las elecciones de 2014 ($21 millones); que aportó fondos a la campaña del Partido Panameñista desde 2009 y, por lo menos, hasta 2012, a través de sociedad controladas por Jaime Lasso (al menos $10 millones); que dio otros $150 mil a ese mismo partido a través de una empresa de Carlos Duboy para la contienda de 2009; y que durante las elecciones de 2014 pagó artículos promocionales al panameñismo directamente a una compañía en Hong Kong. En esa época Juan Carlos Varela fue el candidato presidencial de ese colectivo.

¿Qué se violó?

Si bien, desde el punto de vista penal el caso cerró el pasado 14 de octubre con más de 90 imputados (blanqueo de capitales), incluyendo a los expresidentes Ricardo Martinelli (2009-2014), y Juan Carlos Varela (2014-2019), en la Fiscalía Electoral el asunto ha pasado sin pena ni gloria. Hasta ahora no se conocen procesos, o sanciones a partidos políticos o candidatos por ignorar el Código Electoral a la luz de las dádivas de Odebrecht. Para empezar, se habría violado el artículo 203 de la norma (en 2013 era el artículo 190) que prohíbe las donaciones de empresas extranjeras. El tema generó un amplio debate por el hecho de que el sistema societario de Panamá permite obviar esta disposición. Lo afirman los expertos. “Siempre pueden alegar que esa no es una empresa extranjera, porque está constituida en Panamá. Ese es otro mecanismo que se utiliza. Con el hecho de constituir una empresa en Panamá sienten que pueden hacer donaciones, pero en Panamá el sistema de sociedad es sumamente amplio y permite que cualquiera pueda constituir una empresa”, alega Guillermo Márquez Amado, exmagistrado del Tribunal Electoral (TE), quien de paso afirma que por eso es importante que se prohíba a las contratistas del Estado hacer aportes a las campañas. Hasta ahora la ley electoral no contempla una medida de este tipo.

También se pasó por alto el numeral 3 del artículo 1 del Decreto 38 del 23 de diciembre de 2004, que establecía que las campañas estaban obligadas a registrar la totalidad de las contribuciones privadas a través de una cuenta bancaria destinada a ese propósito. En diciembre de 2017 cuando Duboy confesó que Odebrecht había dado dinero al Partido Panameñista a través de una empresa de su familia, la exprocuradora Ana Matilde Gómez, advirtió de la gravedad del hecho. “Lo más grave de esto es que aun cuando usted pueda recibir donaciones, usted no la puede poner en una cuenta personal si usted no es el de la cuenta de la campaña. Ni en 2014, ni ahora. Los que salimos a buscar dinero en el 2014 también teníamos que usar la cuenta de campaña abierta a título de la campaña. ¿Por qué una fundación de su familia?”, manifestó.

Ese mismo decreto (artículo 5) prohibía las donaciones de terceros, a través de intermediarios, pues esos aportes deben hacerse de manera directa. Y ya se sabe que la columna vertebral de la estrategia de Odebrecht para distribuir sobornos y donaciones políticas fue, precisamente,, el complejo sistema societario. De hecho, en este país nacieron varias de las empresas usadas para ese propósito, una de ellas fue la Constructora Internacional del Sur, inscrita en en el Registro Público en 2006 cuando la empresa brasilera se instaló en el istmo, durante el gobierno de Martín Torrijos (2004-2009).

Hoy día esa regulación está contemplada en el Decreto 16 del 3 de julio de 2014.

La fiscalización

El escándalo también obliga a poner la mirada sobre la fiscalización de los ingresos y egresos de partidos y candidatos. Aunque con los cambios al Código Electoral que entraron a regir en las elecciones de 2019 (Ley 29 de mayo de 2017) se le puso tope a las donaciones, y se estableció la obligación de hacer públicos quiénes son los donantes (después de la contienda), el sistema sigue estando cojo. “No hay una estricta observación en los ingresos y egresos de las campañas políticas. Creo que hay que meterle más cabeza al tema (...)”, asegura Márquez Amado. De hecho, una de las recomendaciones que la misión de la Organización de Estados Americanos (OEA) que observó las elecciones de mayo de 2019 hizo al TE fue robustecer la Dirección de Fiscalización de Financiamiento Político. La OEA advirtió que los formularios contables de rendición de cuentas de los partidos y candidatos no se ajustan a las buenas prácticas internacionales, y que ese trámite se hace de una forma rápida, sobre principios contables generales y sin tener en cuenta estándares internacionales de auditoria forense que se aplican a los procesos de fiscalización.

¿Cambiará la historia en la contienda electoral de 2024?

 

Moderator comment: Below is an unedited automated translation of the above news article.

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Poisoned donations

In the electoral jurisdiction, the donations that Odebrecht gave to parties and candidates passed without pain or glory. So far there are no known processes or penalties for the issue.

Eliana Morales Gil
19 Oct 2020 - 12:00 AM

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The scandal also forces us to look at the control of party income and expenses. Archive

Electoral justice was another of the big losers with the Odebrecht case: donations in the shadows, triangulations, and little oversight of political financing.

Not only was the electoral law omitted and violated, but the skeleton of a system that facilitated the purchase of influence with poisoned donations was exposed, a formula that allows to collect favors in the future. At first all denied having received contributions from the construction company, but, based on the agreements between the Public Ministry and former operators of the company, journalism and citizen pressure, the information came to light. Then it was learned that Odebrecht financed the marketing of the campaign of José Domingo Arias, the presidential candidate of Cambio Democrático for the 2014 elections ($ 21 million); that contributed funds to the Panameñista Party campaign since 2009 and, at least, until 2012, through companies controlled by Jaime Lasso (at least $ 10 million); that he gave another $ 150 thousand to that same party through a Carlos Duboy company for the 2009 contest; and that during the 2014 elections he paid promotional items to Panamanianism directly to a company in Hong Kong. At that time, Juan Carlos Varela was the presidential candidate of that group.

What was violated?

Although, from a criminal point of view, the case closed on October 14 with more than 90 defendants (money laundering), including former presidents Ricardo Martinelli (2009-2014), and Juan Carlos Varela (2014-2019), in the Electoral Prosecutor's Office the matter has passed without pain or glory. Until now, there are no known processes or sanctions against political parties or candidates for ignoring the Electoral Code in light of Odebrecht's gifts. To begin with, article 203 of the regulation (in 2013 it was article 190) that prohibits donations from foreign companies would have been violated. The issue generated a wide debate due to the fact that Panama's corporate system allows this provision to be ignored. Experts say so. “They can always claim that this is not a foreign company, because it is incorporated in Panama. That is another mechanism that is used. By setting up a company in Panama they feel they can make donations, but in Panama the partnership system is extremely broad and allows anyone to set up a company ”, argues Guillermo Márquez Amado, former magistrate of the Electoral Tribunal (TE), who de Paso states that that is why it is important that state contractors be prohibited from making contributions to campaigns. Until now the electoral law does not contemplate a measure of this type.

Number 3 of article 1 of Decree 38 of December 23, 2004, which established that campaigns were obliged to register all private contributions through a bank account designated for that purpose, was also ignored. In December 2017, when Duboy confessed that Odebrecht had given money to the Panameñista Party through a family company, the former attorney Ana Matilde Gómez, warned of the seriousness of the incident. “The worst thing about this is that even though you can receive donations, you cannot put it in a personal account if you are not the one with the campaign account. Not in 2014, not now. Those of us who went looking for money in 2014 also had to use the campaign account opened as the campaign title. Why a foundation of her family? ”, She said.

That same decree (article 5) prohibited donations from third parties, through intermediaries, since these contributions must be made directly. And it is already known that the backbone of Odebrecht's strategy to distribute bribes and political donations was precisely the complex corporate system. In fact, in this country several of the companies used for this purpose were born, one of them was the Constructora Internacional del Sur, registered in the Public Registry in 2006 when the Brazilian company settled in the isthmus, during the government of Martín Torrijos (2004-2009).

Today that regulation is contemplated in Decree 16 of July 3, 2014.

The audit

The scandal also forces us to look at the control of the income and expenses of parties and candidates. Although with the changes to the Electoral Code that came into force in the 2019 elections (Law May 29, 2017), a limit was put on donations, and the obligation to make public who the donors are was established (after the contest) , the system is still lame. “There is no strict observation of the income and expenses of political campaigns. I think we have to put more head into the issue (...) ”, assures Márquez Amado. In fact, one of the recommendations that the mission of the Organization of American States (OAS) that observed the May 2019 elections made to the TE was to strengthen the Directorate for the Supervision of Political Financing. The OAS warned that the accounting forms of accountability of the parties and candidates do not conform to international good practices, and that this procedure is done quickly, on general accounting principles and without taking into account international forensic auditing standards. that apply to the audit processes.

Will history change in the 2024 electoral contest?

 

https://www.prensa.com/impresa/panorama/las-donaciones-envenenadas/

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El caso Odebrecht cerró con 102 investigados

De acuerdo con el Procurador, se firmaron 18 acuerdos de colaboración y de pena, con al menos 10 condenas. Se han recuperado $227 millones.

 

Eliana Morales Gil

20 oct 2020 - 12:00 AM

Eduardo Ulloa, procurador general de la Nación. Archivo

 

El procurador general de la Nación, Eduardo Ulloa, compartió algunos datos generales del caso Odebrecht, el emblemático proceso judicial cuya investigación finalizó el pasado 14 de octubre.

Lo hizo en una entrevista en RPC Radio. Allí, Ulloa informó que el proceso cerró con 102 imputados: 100 personas y dos empresas; que el expediente tiene más de mil 120 tomos y que se lograron 18 acuerdos de colaboración y pena, con por lo menos 10 condenas. No dio nombres ni detalles sobre los gobiernos a los que están vinculados los procesados.

La Fiscalía Especial Anticorrupción –que instruyó el expediente– podría entregar la vista fiscal en diciembre próximo al Órgano Judicial, concretamente al Juzgado Tercero Liquidador de Causas Penales, a cargo de la jueza Baloisa Marquínez, quien debe analizar los argumentos de la fiscalía y decidir si llama a juicio o no a los acusados.

“Este es un expediente sumamente complejo, que yo creo que encontró al país y a la institución en un momento difícil para hacerle frente a investigaciones de esta naturaleza. Sin embargo, hubo que afrontarlo con lo que se tenía”, dijo Ulloa.

Para la investigación, la fiscalía pidió 154 asistencias judiciales a distintos países: 84 fueron contestadas y en 70 no se obtuvo respuesta.

De acuerdo con el Procurador, producto de los acuerdos de colaboración el Estado ha recuperado $227 millones, entre bienes, dinero y multas que los implicados tendrán que pagar.

El papel del Judicial

Ulloa, quien tomó el control del Ministerio Público desde el 2 de enero pasado, luego de que Kenia Porcell renunciara a la Procuraduría en noviembre de 2019, también habló de lo que espera del Órgano Judicial. Se podría resumir en una frase: que esté a la altura del caso.

“Entendemos que por la cantidad de personas involucradas, la cantidad de abogados y la litigiosidad que este expediente ha tenido desde un comienzo, y hasta el momento, es un expediente en que la fecha de audiencia [...] es compleja, pero nosotros estamos seguros de que el Órgano Judicial va a estar a la altura de las circunstancias y se va a poder realizar toda la gestión necesaria para que este expediente concluya con la realización de la justicia, que es lo que en estos momentos espera y busca la ciudadanía”, manifestó.

Fuentes del Ministerio Público informaron que la fiscalía no pudo indagar a tres mujeres, un hombre y una empresa jurídica, correspondientes al periodo de investigación de la gestión 2009-2014.

Entre los procesados en esta pesquisa, que persigue el blanqueo de capitales, están los expresidentes Ricardo Martinelli (2009-2014), y Juan Carlos Varela (2014-2019).

Para no declarar en su contra, Martinelli se acogió al artículo 25 de la Constitución, mientras que Varela le hizo frente al proceso, pero insiste en que su caso se relaciona con donaciones políticas y no con corrupción.

De la defensa de Varela

Precisamente ayer, su equipo legal, en el que figura el abogado Erasmo Elías Muñoz, emitió un comunicado a propósito del cierre de la investigación.

Argumentó que las contribuciones de Odebrecht a las campañas de Varela “fueron completamente legales”.

Recordó, además, que su cliente compitió en seis campañas distintas, de 2006 a 2014, en las que se sufragaron gastos en personal de campaña, seguridad, bienes, materiales, logística, publicidad, promoción, entre otros. “Estos gastos incluyeron contribuciones en especie, en materiales de campaña, en proyectos sociales (...). Al Ministerio Público se le entregaron informes que dan cuenta de dichas contribuciones”, detalló.

 

Moderator comment: Below is an unedited automated translation of the above news article.

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The Odebrecht case closed with 102 investigated

According to the Attorney General, 18 collaboration and penalty agreements were signed, with at least 10 convictions. $ 227 million has been recovered.

Eliana Morales Gil
20 Oct 2020 - 12:00 AM

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Eduardo Ulloa, Attorney General of the Nation. Archive

The Attorney General of the Nation, Eduardo Ulloa, shared some general information about the Odebrecht case, the emblematic judicial process whose investigation ended on October 14.

He did it in an interview on RPC Radio. There, Ulloa reported that the process closed with 102 defendants: 100 people and two companies; that the file has more than 1,120 volumes and that 18 collaboration and punishment agreements were reached, with at least 10 convictions. He did not give names or details about the governments to which the defendants are linked.

The Special Anti-Corruption Prosecutor's Office –which instructed the file– could deliver the tax hearing next December to the Judicial Organ, specifically to the Third Criminal Court, in charge of Judge Baloisa Marquínez, who must analyze the arguments of the prosecution and decide whether Call the accused to trial or not.

“This is an extremely complex file, which I believe found the country and the institution at a difficult time to deal with investigations of this nature. However, we had to face it with what we had, ”said Ulloa.

For the investigation, the prosecution requested 154 judicial assistance to different countries: 84 were answered and in 70 no response was obtained.

According to the Prosecutor, as a result of the collaboration agreements, the State has recovered $ 227 million, including goods, money and fines that those involved will have to pay.

The role of the Judicial

Ulloa, who took control of the Public Ministry since last January 2, after Kenia Porcell resigned from the Attorney General's Office in November 2019, also spoke about what he expects from the Judicial Branch. It could be summed up in one sentence: let it be up to the task.

“We understand that due to the number of people involved, the number of lawyers and the litigation that this file has had from the beginning, and until now, it is a file in which the hearing date [...] is complex, but we We are sure that the Judicial Branch will rise to the occasion and will be able to carry out all the necessary management so that this file concludes with the realization of justice, which is what the citizenship expects and seeks at the moment ”, He declared.

Public Ministry sources reported that the prosecution could not investigate three women, a man and a legal company, corresponding to the investigation period of the 2009-2014 management.

Among those processed in this investigation, which pursues money laundering, are former presidents Ricardo Martinelli (2009-2014), and Juan Carlos Varela (2014-2019).

In order not to testify against him, Martinelli took advantage of article 25 of the Constitution, while Varela stood up to the process, but insists that his case is related to political donations and not corruption.

Of the defense of Varela

Just yesterday, his legal team, which includes the lawyer Erasmo Elías Muñoz, issued a statement regarding the closure of the investigation.

He argued that Odebrecht's contributions to Varela's campaigns "were completely legal."

He also recalled that his client competed in six different campaigns, from 2006 to 2014, in which expenses were paid for campaign personnel, security, goods, materials, logistics, advertising, promotion, among others. “These expenses included contributions in kind, in campaign materials, in social projects (...). The Public Ministry was given reports that give an account of said contributions, ”he explained.

 

https://www.prensa.com/impresa/panorama/el-caso-odebrecht-cerro-con-102-investigados/

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Explaining “Justice” for Panama  Big Shots

Posted 24/10/2020

Under the heading “Soicy Saturday”  in Rolando Rodriguez revealed on Saturday. October 24, the confessions of the Odebrecht official who approved multi-million dollars of bribes paid to high rollers of Panama who could face conviction in the United States and under Panama “justice” walk free on home soil.

Rodriguez writes:

Confessions of the Odebrecht business leader for Latin America, Luiz Antonio Mameri, known in 2017:

“In 2009, my subordinate André Campo, DS [Superintendent Director] of Panama, informed me that he would make a contribution of $400,000 with unaccounted for resources [Department of Structured Operations or Box 2] for the campaign of the then-presidential candidate Ricardo Martinelli. I authorized the payments ”.

“Later, during the government of Ricardo Martinelli, I was informed by André Campos [Rabello], DS of Panama, that he had been wanted by the sons of the then president, offering facilities, together with the Government of the country, and they agreed on a remuneration for the action in favor of the interests of the company. They would support the conquest of new projects, streamlining bureaucratic procedures and releasing invoice payments. Based on this, André Campos made payments of approximately $35 million, authorized by me, but it was not specified in which projects the sons of President Martinelli actually acted ”. The evidence, Mameri added, is ‘the records of payments made.’

“In the first semester of 2010, I was contacted by my subordinate, André Campos, DS of Panama, informing that he had agreed with the Minister of the Presidency, Demetrio Papadimitriu, that the company would make undue payments to him through his father. I authorized the payments, which total approximately $4 million. "

“In mid-2010, I was informed by my subordinate, André Rabello, that he had participated in meetings with the then-president Ricardo Martinelli, João Santana and Mónica Moura and, on the occasion, they agreed that, depending on the performance of the company In the country, the company would be responsible for part of the cost of the electoral campaign of Ricardo Martinelli's candidate for the country's Presidency, worth about $10 million. I authorized the payments ”.

Mameri was the one who approved bribes. Similar facts have been confessed by Odebrecht operators, such as Luiz Eduardo Soares, Fernando Migliaccio and Rodrigo Tacla Durán.

In Panama, the investigation ended last week. At the same time, another investigation is underway in the United States. Odebrecht has already pleaded guilty to paying bribes. In this process, two sons of former President Martinelli are investigated, who, refugees in that country, seem to have forgotten that the Department of Justice disclosed in 2016 that: “Odebrecht agreed to pay $6 million to two close relatives of a senior Panamanian official in relation to government infrastructure projects, under the understanding that, in return, the official would guarantee the contract for the work to Odebrecht ”.

They tell me that the case in Panama will be manipulated to favor big shots, so I ask if there are convictions in the United States, how will Panama justify that there are no convictions in the largest corruption case in the history of this country? writes Rodriguez

 

https://www.newsroompanama.com/media-watch/explaining-justice-for-panama-big-shots

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Case against 102 Odebrecht defenfants before courts in December

ex-president Ricardo Martinelli and his team of lawyers

Posted 25/10/2020

The  long-awaited prosecutorial hearing of the Odebrecht case will appear in the courts  in December said  Panama Attorney General Eduardo Ulloa, on TVN on Sunday

Some 102 individuals  have been investigated but legal maneuvers  have enabled some high profile figures to dodge the  bullet and others like former President Ricardo Martinelli have an army of   prominent lawyers  to stave off  prosecutors and judge

Ulloa said that they are prepared for justice to be done.

"We have asked the prosecutors that within the volume of the to ensure that the prosecution is as soon as possible. And considering the days to come, we have calculated that, at the latest, for the month of December that fiscal hearing should be going to court, "said Ulloa.

He reiterated that it is an emblematic case that consists of 1,120 volumes, 102 accused, and about 150 international assistance; Most of the responses were received and the rest are in the process of being completed.

Ulloa affirmed that more than the strength of the prosecutorial view, what should be highlighted is the strength that the investigations which is what will determine the success or not of the files in the courts.

"We believe that within the circumstances that were investigated, we will be presenting a strong case before the courts which has very well-accredited objective elements, which allows a series of people who are accused to be shown criminal responsibility before the courts", Ulloa said on the 'Radar' program on TVN.

He acknowledged that the road will not be easy, but they are prepared to make the entire fight in the most effective way, at the judicial level, so that "within the file there is justice."

Ulloa also expressed his feelings about the people who could not be prosecuted in this case for having certain privileges: “We must recognize that in this fight against corruption there are a series of factors that often condition the actions of the Public Ministry. There are a series of jurisdictions, privileges and prerogatives that have prevented some people, who should be included in this file, but they are not, "said Ulloa.

The investigation of the Special Anti-Corruption Prosecutor's Office in the Odebrecht case is due to the bribes that the Brazilian company gave in exchange for the allocation of public infrastructure works.

 

https://www.newsroompanama.com/news/case-against-102-odebrecht-defenfants-before-courts-in-december

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Former mayor threatens legal action against lobbyist

Isobel Blandon

Posted 25/10/2020

Former Panama mayor and presidential candidate José Isabel Blandón the current president of the Panameñista Party announced Sunday that he will take legal action against Jaime Lasso, following his statements in the 'Knockout' column in La Prensa on Sunday.

In the interview, Lasso, who is part of the investigations carried out by the Public Ministry for bribes offered by Odebrecht, said that Blandón was one of the beneficiaries of the contributions handed out by the Brazilian company.

“There is no mention of José Blandon Figueroa in the investigations into the Odebrecht case. There are no deposits in accounts linked to me or checks in my name or anything like that, ”Blandón wrote on his social networks.

He said  that he will proceed legally both in civil and criminal matters "against Dr. Jaime Lasso for these false, insulting and slanderous statements."

In the Knockout,  reports La Prensa, Lasso says that everything he received from Odebrecht was used for campaigns, mayors, and others. By the way, he is consulted: In other words, Blandón? and responds: “Yes. That is why I am surprised that he says that the party did not benefit when he was one of those that benefited the most ”.

 

https://www.newsroompanama.com/news/former-mayor-threatens-legal-action-against-lobbyist

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Odebrecht lags in payment of $220 million fine

Eduardo Ulloa

Posted 05/01/2021

AN INITIAL analysis concluded that the Odebrecht company has breached the penalty agreement that  was imposed on it said Attorney General Eduardo  Ulloa on Tuesday January 5

According to Ulloa the company "has not paid what was due" for the years 2019 and 2020 and he announced that the Anticorruption Prosecutor's Office will be requesting a hearing to demand compliance with the agreement before the courts.

At the end of December, the  Foundation for the Development of Citizen Freedom (the Panamanian chapter of Transparency International) asked to establish a “citizen oversight” regarding the agreement reached three years ago between the Attorney General's Office and the Odebrecht company, since - in in its  opinion - "it has not been the object of sustained accountability by the Public Ministry."

The Foundation's executive director, Olga de Obaldia, sent a 10-page note to the attorney Ulloa, requesting a response to a 17-question questionnaire on the scope and current status of the agreement reached with  André Rabello, former Odebrecht boss in Panama, validated on November 9, 2017, and the fine of $220 million agreed with the construction company, to be paid within a period of 12 years.

In a management report, Ulloa also said that, despite the fact that they had promised that the fiscal hearings of the Odebrecht and New Business case were issued last December, the number of infections of the new coronavirus within those offices (the Anticorruption Prosecutor's Office and the Office of the Prosecutor against Organized Crime) “reduced” its capacity-

 

https://www.newsroompanama.com/business/odebrecht-lags-in-payment-of-220-million-fine-1

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Defaulting  Odebrecht will pay millions more

Posted 08/01/2021

The failure to pay the fines that Odebrecht had agreed to pay in 2019 and 2020,  imposed for using the country's financial system to launder money and distribute bribes, were revealed in a virtual press conference by the Anti-Corruption Prosecutor's Office on Friday        January 8.will cost the Brazilian constnruction company millions more.

The anti-corruption prosecutor Anilú Batista explained that in 2019, the construction company only paid $ 1.1 million, but had to pay $18.3 million, while in 2020 it did not pay anything.

She announced that they will apply the provision of the agreement ida(from November 2017) that says that an additional 5% will be charged for the amounts not paid annually.

The compliance section of the Public Ministry will be responsible for requesting a control hearing to analyze the matter. According to the prosecutor, they will do so once the judicial terms that are on pause by Covid-19 are restored.

The investigation ended last October with 101 defendants divided as follows: 61 structuring agents, 22 front men, and 18 final beneficiaries. Of those 18 final beneficiaries, 14 were civil servants, as explained by prosecutor Tania Sterling.

In total, the Brazilian construction company issued 251 "payment orders for illicit money."

Among the accused in the process are former presidents blic Ricardo Martinelli (2009-2014), Juan Carlos Varela (2014-2019), as well as several former ministers, other officials who held key positions, and individuals.

So far, the government of Panama has recovered $48,051,571 as a result of the investigation into the payment of bribes from Odebrecht to officials and individuals. The money seized in accounts totals $21.3 million and in assets $15.3 million

 

https://www.newsroompanama.com/business/defaulting-odebrecht-will-pay-millions-more

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Missing laundering defendant denied change of bail

Posted 20/02/2021

Danna Harrick, charged with money laundering in the Odebrecht case, who has not been seen in  Panama since August 2018 has lost an appeal to reduce her $500,00 bail bond. This, after the Second Court of Justice, confirmed in all its parts the decision of July 24, 2020 of the Twelfth Court, which did not accept a reconsideration of the amount of the bond.

The relationship to the case of Harrick, director of the National Council for Sustainable Development (Conades) during the Ricardo Martinelli administration (2009-2014) , arises when Andrés Mozes Libedinsky, another of the accused - and who reached a collaboration agreement with the Ministry Public -, he narrated that he traveled with Harrick to Andorra, where they formed Ralford Limited, a company that would have received funds from Aeon Group, one of the companies that Odebrecht used to distribute bribes.

According to the investigation, Aeon committed $3 million to the account of Ralford Limited, whose real beneficiary, according to what Mozes Libedinsky said, was Harrick.

Basilio Enrique González, Harrick's lawyer, said  that a reconsideration of the amount was requested based on the fact that his client was seized of her properties, including bank accounts, despite the fact that, all her assets are legal and he never received funds from Odebrecht.

 

https://www.newsroompanama.com/news/missing-laundering-defendant-denied-change-of-bail-1

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OPINION: The Odebrecht Carousel

Posted 16/03/2021

Odebrecht has not paid Panama for two years what was agreed in the collaboration agreement in which it promised to pay $220 million for having bribed officials who do not admit having received bribes. The company alleges that it does not pay because Panama also owes it money for the projects it has built, as if such an excuse were a condition to cancel what it owes the country for its corruption policy. What Panama owes you for the works has nothing to do with the collaboration agreement and, therefore, your argument lacks weight. Both the Public Ministry - under the management of Eduardo Ulloa - and the Ministry of Economy and Finance have had to exert more pressure on the company, but what we perceive is a bit important with this debt. Odebrecht owes Panama more than $36 million, money that is needed to face the serious fiscal crisis that the country is going through. On the other hand, let's hope that what Panama owes Odebrecht will not be used for new bribery ventures, which is how it all started. -LA PRENSA,Mar. 16

 

https://www.newsroompanama.com/opinion/opinion-the-odebrecht-carousel-1

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2,194  volume Odebrecht file heads to court 

Posted 12/04/2021

On Monday, April 12, the Public Ministry announced that it had sent the 2,194 volume prosecutorial investigation into the Odebrecht case to the Judicial Branch hearing It also asks to prosecute a legal person and the dismissal of  29 subjects.

The statement does not specify the names of the accused; Nor is it revealed who the 29 are for whom a dismissal is requested.

The Special Anti-Corruption Prosecutor's Office forwarded the file, to the Third Court for Liquidation of Criminal Cases of the First Judicial Circuit of Panama.

Regarding the three former servers, the Public Ministry indicated in the statement that "in addition to the crime against the economic order, they are being asked to appeal for the crime against the public administration in the form of corruption of public servants."

The statement that in the course of the investigation, 8 effective collaboration agreements and 11 sentencing agreements were concluded with a conviction.

“Within the investigation it was established that Odebrecht's unaccounted-for cash, with its complex structure, used national and foreign banks, transferring illicit money to public servants and family members for an amount greater than one hundred million dollars that directly impacted on the concession and payments for works being carried out by the conglomerate in our country ”, the statement said.

The Public Ministry also reports that some $49.5 million has been recovered in money seized in favor of the State, of which $37.8 million correspond to the advances made by the Odebrecht company in respect of the $220 million for which it was sanctioned by agreement. Likewise, there are about $36.6 million between seized assets and money, corresponding to other defendants.

 

https://www.newsroompanama.com/business/2194-volume-odebrecht-file-heads-to-court-1

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OPINION - The need to know

Posted 13/04/2021

Finally, the Odebrecht case has a fiscal view. Developing this investigation was not an easy task, because on the way it  suffered all kinds of abuses; investigated and judges put all kinds of obstacles with the intention that the investigations died in their cradle or did not reach the bottom. It has been a long journey that, however, has not reached the end, since, as mentioned, some facilitated the obstruction of the investigations. This is the biggest corruption scandal of the last decades, thus becoming a historical event. Entire governments have been investigated, leaving a third off the list, but at least it is progress. The Judicial Branch now has the outcome in its hands. The great surprise for the country will be that the judges deliver true justice. This will undoubtedly be your biggest challenge, your acid test. For more than five years, the Odebrecht case has been a prominent headline in all the media throughout the country and, therefore, the Public Ministry should consider the idea of submitting a report to the Nation on its findings, seized assets and persons involved, as well as what was pending and why. The country needs to know, not only to inform itself, but to closely monitor this still unfinished process LA PRENSA. Apl.13

 

https://www.newsroompanama.com/opinion/opinion-the-need-to-know

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Two ex-presidents and former ministers face trial

Tania Sterling

Posted 26/05/2021

Anti-corruption prosecutor, Tania Sterling, confirmed on   Wednesday, May 26, that two former presidents are among the 50 people called to trial in the Odebrecht case.

 The prosecutor did not give names, but the two ex-presidents who were investigated and charged for the alleged commission of the crime of money laundering, in the middle of this process are: Ricardo Martinelli (2009-2014) and Juan Carlos Varela (2014-2019).

Several ex-ministers have also been called

The 21 people for whom a dismissal was requested in the Odebrecht case, are people who were dignitaries of some law firms that did “a completely lawful task ", Because of that s she explained,"it is not their responsibility to criminalize the career of law. "

"Incorporating corporations is a completely legal issue in Panama in light of the corporation law," she added.

Sterling also announced that the fiscal hearing of the case is already in the Third Liquidator Court. That document, she added, has 810 volumes , 22 annexes, and a million pages.

The anti-corruption prosecutor also reported that a trial was requested for 14 people who served as public servants, in addition to people who worked to move the money.

The 50 people, includie14 women, 36 men, and a company.

 

https://www.newsroompanama.com/news/two-ex-presidents-and-former-ministers-face-trial

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Martinelli owned company heading for corruption trial

Posted 26/05/2021

The Special Anti-Corruption Prosecutor's Office has requested a trial for the alleged commission of the crime of money laundering by Importadora Ricamar, SA, a company controlled  by former President Ricardo Martinelli and which operates the Super 99 supermarkets and is the legal entity charged in the case of the Odebrecht   bribery scandal

On April 12, the Public Ministry (MP) reported that it requested the prosecution of 50 persons in the case.

The alleged relationship with the case of Importadora Ricamar SA -whose current president and legal representative is Alejandro Garuz Adames, according to the Public Registry- would have been known in October 2018, reports La Prensa as a result of the fact that the then Twelfth Criminal Court (today the Third Court Liquidator of Criminal Causes), in charge of Judge Óscar Carrasquilla, denied an appeal for annulment to Martinelli, alleging that he “did not observe” that the Public Ministry investigated him since the power to investigate it was held by the Supreme Court of Justice, as on that date he was a deputy of the Central American Parliament (Parlacen).

At that time, the prosecution was carrying out a series of investigation procedures regarding Importadora Ricamar, SA.

 

https://www.newsroompanama.com/news/martinelli-owned-company-heading-for-corruption-trial

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High official of Panama government got $10 million in Odebrecht bribes

Sons of Ricardo Martinelli awaiting extradition to face Julia Nestor

Posted 27/05/2021

A person described as "a high official of the Panamanian government" between 2009 and 2014 - a period that corresponds to the presidential mandate of  - received almost $10 million in alleged bribes from  Odebrecht, using a complex scheme for money laundering. money through the American financial system.

The name of the high official is not mentioned, but his identity is known to the New York prosecutors

Payments were made between November 2010 and August 2011, using accounts opened in Swiss banks in the name of companies registered in the British Virgin Islands (BVI).

The entire operation was described as part of the indictment brought in the Eastern District Court of New York, against two former executives of Anglo Austrian AAB Bank AG (formerly known as Meinl Bank), who face four charges for allegedly conspiring with Odebrecht to pay bribes in half the world, in exchange for state contracts to carry out public works.

The indictment against Peter Weinzierl, the former chief executive of the Austrian private bank, and Alexander Waldstein, was filed last year but has since remained sealed. It was finally revealed on Tuesday in Brooklyn, New York when 55-year-old Weinzierl who was arrested in the UK  appeared. Waldstein, 73, is a fugitive.

The accusation was presented by the assistant prosecutor Julia Nestor, who also acts in the process followed against,  Ricardo Martinelli'ssons required by the United States on charges related to alleged money laundering. Both are detained in Guatemala, awaiting extradition to the United States. In the accusation filed against the children of former President Martinelli l, Nestor refers to them as "intermediaries" who would have accepted and laundered bribery payments from Odebrecht, for the benefit of "a high-ranking Panamanian government official," between 2009 and 2014, who would be a close relative to both.

The Judge Raymond Dearie is assigned to the two cases: the brothers Martinelli Linares and the ex-bankers of the Meinl Bank.

 

https://www.newsroompanama.com/news/high-official-of-panama-government-got-10-million-in-odebrecht-bribes

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Balboa Theater  becomes to home to live courtroom drama

Posted 31/05/2021

Furniture removers  and staff from the Judicial Branch were at the Balboa Theater on Monday, May 31  setting the stage  for some live courtroom  drama after an agreement was reached with the Ministry of Culture (Micultura) for the use of the theater to hold hearings with a large number of defendants and lawyers

Sources of the Judicial Branch said that the entity does not have adequate facilities to carry out processes with a large number of people and that for this an understanding was reached with Micultura.

The situation provoked a protest by the Association of Teachers of Panama, who claim that they had a prior agreement with Micultura to use the Balboa Theater until December 2021, but they were informed that they will no longer be able to use the facilities.

The Judicial Branch has not specified what processes would take place in the theater, but Lava Jato - which has a hearing scheduled for June 1, could be the curtain-raiser. 

New Business, Blue Apple, and Odebrecht which have large numbers of defendants plus their lawyers and media are expected to top the bill in the months ahead.

 

https://www.newsroompanama.com/news/balboa-theater-becomes-to-home-to-live-courtroom-drama

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Lava Jato case suspended for third time

The case files delvered in vain

Posted 01/06/2021

The preliminary hearing of the Lava Jato case scheduled for Tuesday, June 1, was suspended for the third time, due to a disability presented by a defense lawyer. At least 42 people are charged, but the prosecutor will request the dismissal of eight of them. The hearing will take place in March next year.                

The Lava Jato operation originated after an investigation that began in 2014 in Brazil, which revealed an international network of bribes paid by the Brazilian company Odebrecht to Latin American governments in exchange for public contracts."This is an investigation that began in 2016 as a result of news events in which it was linked to the Lava Jato or Triple X operation in Brazil, linked to a law office in Panama that provided financial legal structures for the concealment of the money from  illicit activities," "explained  the lead prosecutor"

The prosecutor affirmed that "the Public Ministry had all the evidentiary elements to support its fiscal view, to ha punishable elements that prove the fact and the connection."

Among the defendants are Jürgen Mossack and Ramón Fonseca Mora, from the defunct law firm Mossack Fonseca, which is linked to the creation of offshore companies and the alleged money laundering, product of the payment of bribes.

"Deep down there is no justification, there is nothing, I can swear to you, that if I am struck by lightning if there is something against us ...", Ramón Fonseca Mora, the founding lawyer of the Mossack Fonseca, told the media. after hearing the suspension of the preliminary hearing.

Earlier, he  argued that the accusations against the law firm he represents are "false" and that the process followed in the Lava Jato case "is a litmus test for Panamanian justice." Fonseca indicated that what they want to prove in this trial is that "selling Panamanian corporations is not a crime, it is done every day, and it is done every day throughout the world because the world walks with corporations." According to Fonseca, the firm sold 25,000 corporations, and "the money they say we washed is the thousand dollars they paid us for each company.”

The preliminary hearing was scheduled to take place at the Balboa Theater which had been converted overnight into a courtroom  to accommodate trials with a large number of defendants

At around 7:00 am, the files, consisting of a total of 275 volumes, were downloaded in vain.

 

https://www.newsroompanama.com/news/lava-jato-case-suspended-for-third-time

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Tocumen axes Odebrecht airport contract

Posted 28/09/2021

Tocumen International Airport, SA has terminated the contract with CNO, SA - as the Brazilian Odebrecht is now named - for non-compliance in the construction of the new passenger terminal.

The cancellation of the contract entails the disqualification of the company (which has confessed to paying bribes in a dozen countries, including Panama) from participating in public works tenders and contracting with the Panamanian State.

The decision was announced on Tuesday, September 28, by the general manager of Tocumen, Raffoul Arab, who explained in a statement that the official notification to ASSA Compañía de Seguros, SA about the breach of the clauses agreed with the contractor has already been proceeded. "To guarantee the completion of the work through the execution of the performance bond and protect the best interests of the State."

ASSA has the performance bond for the work, for $229 million.

The last addendum to the agreement between the company and the State established that the work should be completed by September 30, 2021, but after a new inspection it was known that "as of September 27, 640 pending elements were still registered." Originally, in February 2020, 10,547 “pending” were detected, which the company had the obligation to correct.

Odebrecht had asked that the deadline to complete these pending works be extended until December 31.

Tocumen stated that, despite the cancellation, it will guarantee the operation and start-up of the new terminal, measuring 116,000 square meters, whose construction began in 2012 and was partially released in January 2019, when Panama hosted the World Day of Youth (WYD).

The construction of the new terminal has not only taken a long time; its price has also increased from $679 million to $ 917 million. Along the way, eight addenda were agreed.

 

https://www.newsroompanama.com/business/tocumen-axes-odebrecht-airport-contract

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Filling the spaces left by Odebrecht

Posted 29/09/2021

There is no doubt that empty spaces tend to fill up. After the Odebrecht scandal, its place seems to have been taken by local companies that were previously small, but are now construction giants, a change in status that could well have been reached using shortcuts, as happened in the Blue Apple case, another major scandal in which local and foreign companies admitted to having paid bribes to officials of Ricardo Martinelli's government (2009-2014). One of those companies is now the star in the fiefdom of the deputy president of the PRD. Yesterday, in a ceremony in which the President of the Republic and several ministers of State participated, the Bocatoreño deputy Benicio Robinson accompanied in his province his new best friend, the owner of the construction company Bagatrac, to receive two new contracts, totaling more than $100 million. With these new works, Bagatrac now accumulates –only in Bocas del Toro and Chiriquí– a portfolio of public works that totals more than $270 million. Why is a deputy - in this case Robinson - personally involved in delivering contracts to a company that has a reputation for paying bribes for public works? Are these, perhaps, the spaces left by Odebrecht that local companies now fill? – LA PRENSA, Sep. 29.

 

https://www.newsroompanama.com/opinion/filling-the-spaces-left-by-odebrecht

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July 2022 hearing for 62 in the Odebrecht case

Posted 08/11/2021

The Third Criminal Liquidation Court set from July 18 to August 5, r 2022, the preliminary hearing against 62 people accused of the crimes of money laundering, embezzlement, and corruption through the payment of bribes from the Brazilian company Odebrecht.

The 2,748 volumes of the investigation carried out by the Special Anti-Corruption Prosecutor's Office were sent to that judicial office on June 1, 2021, after the Single Entry Registry of the Judicial Branch (Rue) reviewed the file and no errors were found. in the folder of the file.

At its hearing, the Prosecutor's Office requested the summons to a trial of 50 natural persons, one legal person, and the dismissal of another 29.

During the investigation phase, the Prosecutor's Office reached 8 effective collaboration agreements and sentence agreements with a conviction.

During the investigation, the Prosecutor's Office was able to prove that the Odebrecht company established an intricate structure of public limited companies and moved more than $100 million in bribes through national and foreign banks to pay for the infrastructure works concessions

 

https://www.newsroompanama.com/news/july-2022-hearing-for-62-in-the-odebrecht-case

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OPINION: The rotting judicial   branch

Posted 12/11/2021

The Odebrecht case has been reactivated, at least with regard to an investigation that is incomplete. The Special Anti-Corruption Prosecutor's Office has obtained another six months to investigate what was at the time the design, construction, maintenance and financing of the coastal strip, including the section that was made in the administration of President Martín Torrijos (2004-2009) and the same one that his successor ironically called the "coimera [bribery] tape." Even when it is good news, pessimism is inevitable, especially after the pathetic events of this week, because if the judges expect to see on video the moment when the bribe was paid or when the defendants put or took the money from the bribe in the bank, it is most likely that from now on the case will be lost, since the Public Ministry will hardly be able to provide those images or audios. However, you have to make the effort, lest it be up to honest judges to do the work that their puppet colleagues cannot do,  find guilty  even those with a confession That of Odebrecht is the most important corruption case in the history of the country, but also never before has the Judicial Branch been so rotten as it is now. – LA PRENSA, Nov. 12.

 

https://www.newsroompanama.com/opinion/opinion-the-rotting-judicial-branch