The Comptroller’s Office established that agreements were signed and signed between CELEC-EP and the companies of Mariano Zambrano “against express legal provisions.”
A recent report from the General Comptroller determines indications of criminal responsibility in the pre-contractual, contractual, execution and liquidation of contracts between Empresa Estratégica Corporación Eléctrica del Ecuador (CELEC-EP) and Business Units with the companies Marzam and Marítima de Comercio (Mardcomsa), of the prefect of Manabí, Mariano Zambrano.
The special examination covers the period between January 1, 2012 and August 31, 2017. The entity examined is CELEC-EP for an amount of $ 34,075,701. The Comptroller’s report establishes that contracts were signed with the companies Marítima de Comercio Cía. Ltda. (Mardcomsa) and Marzam Cía. Ltda., Without observing that the majority partner is the Prefect of Manabí, which caused them to be awarded and subscribed against express legal provisions.
In that sense, paragraph 2 of Article 62 of the Organic Law of the National System of Public Procurement stipulates that contracts may not enter into contracts with contracting entities elected by popular vote, including prefects and mayors … As a second point, the report concludes that “payments not contemplated in the contract were made for $ 335,695.84 because the fulfillment of the contractual clauses was not verified”.
Cases involving the Prefect On August 31, 2017, before the Provincial Prosecutor’s Office of Manabí, Leonardo Viteri, former lawyer, and lawyers Marcelo Farfán and Francisco Bravo filed a complaint against the prefect Mariano Zambrano for the alleged crime of perjury.
Faced with this, Zambrano argued that these allegations constituted a smear campaign against him. The complaint presented intends to initiate the tax investigation and prosecution of the Prefect for owning 32.66% stake in Marzam Cía. Ltda., And supposedly hidden in his statement to the National Electoral Council breaking the provisions of Article 93 of the Code of Democracy, in which candidates under oath declare not to be subject to any legal prohibition.
According to the lawyer and former Comptroller, Francisco Bravo (complainant), Zambrano committed the crime of false testimony before the National Electoral Council when registering his candidacy for reelection in 2014.
Likewise, on April 9, 2018, Viteri, Farfán and Bravo presented at the Prosecutor’s Office of Manabí a complaint against the Prefect for alleged crime of influence peddling. On the other hand, the Office of the Prosecutor of Manabí initiated a preliminary investigation against Zambrano for the alleged crime of illicit enrichment.
This, after the formal knowledge of the conclusive report issued on March 29 last by the previous Council of Citizen Participation and Social Control (CPCCS). For its part, on June 21, the current Council of Citizen Participation and Social Control of Transition (CPCCS-T) presented a criminal complaint against the Prefect and his son, who is an assembly member and has his name by the General Prosecutor’s Office the alleged crimes of organized crime, illicit enrichment, influence peddling, perjury and money laundering.
According to the complainants, these illicit activities would have caused damage to the State for $ 70 million. Among other things by contracts of its private companies of those involved with CELEC-EP) with the municipal government of Jujan and the General Directorate of Civil Aviation.
The irregularities would have been registered in a special way since the second term of the Prefect (2011). As evidences are the successive transfers for $ 15 million that were made without the Internal Revenue Service and the Superintendence of Companies have issued an alert. (I)