Carlos Pólit, former Ecuadorian comptroller, asked the United States to detail the Ecuadorian law that he would have violated with the alleged money laundering.
The ex-controller, Carlos Pólit, in a file image during an appearance in the National Assembly.
83 days after the trial against him for money laundering is installed, in the United States, former comptroller Carlos Pólit does not renounce his strategy of dismissing the case before trial.
On December 9, 2022, the former official filed three motions with a Florida Court to have the charges against him dismissed. At the beginning of 2023, the United States, through its prosecutors, asked the courts to ignore these requests.
However, on February 10, 2023, Pólit presented replies to the US arguments and again insisted on the annulment of the case.
On March 25, 2022, a Federal Grand Jury in the Southern District of Florida indicted Pólit for conspiracy to launder money. Three counts of money laundering and two counts of participating in transactions of assets derived from criminal activities.
These charges, according to the indictment, stem from Pólit’s solicitation and receipt of more than $11 million in bribes. The crime would have occurred while he was Comptroller General of Ecuador.
Problems in the prosecution
In the second motion to try to get out of the trial, Pólit pointed to the six cases for which he is accused.
In the indictment, the United States recounted that there was a crime against Ecuador, which involved a bribe of a public official. As well as the misappropriation, theft and embezzlement of public funds for the benefit of the official, that is, of Pólit.
However, in their motion, Pólit and his lawyers argued that the prosecution did not identify the elements that make up the bribery. Neither the misappropriation, theft and embezzlement of funds.
In addition, it alleges that no reference was made to the articles of Ecuadorian criminal law that prohibit such conduct.
This, according to the former comptroller and his defenders, put Pólit at a disadvantage. For this reason, Pólit requested the dismissal of the case. Or be authorized by the Court to review the Grand Jury transcripts and testimony, in a private hearing.
Reply and Counter Reply
Given these arguments, the United States responded that the indictment sufficiently establishes the essential elements of the crimes charged.
In addition, the American lawyers pointed out that the defendant’s arguments are contradicted by the law and the rulings issued in similar cases. For this reason, the Court was asked to deny the defendant’s motion to dismiss, as well as his request for a private hearing.
In his February 10 reply, Pólit said the prosecution must identify the specific foreign law that constitutes the “specific illegal activity.” So the money laundering charges are upheld.
“The government cannot convict a defendant of money laundering without proving, beyond a reasonable doubt, that the financial transaction in question involves proceeds from specific illicit activities,” according to Black Srebnick, Pólit’s US attorney.
In summary, Polit requests that it be determined whether the United States provided evidence of Ecuadorian law “involving bribery,” which allegedly constitutes the “specified illegal activity.”
As well as to demonstrate if that law establishes a crime against Ecuador. And if it was in force at the time of the alleged criminal acts committed by Pólit.
The prescription
In the first pre-trial motion, filed by Pólit and his lawyers, the former comptroller asked for the dismissal of five of the six money laundering charges he is accused of.
Pólit alleged an alleged violation of the statute of limitations. This rule establishes the maximum time that the parties in a legal dispute have to initiate proceedings. In this case, a maximum of five years is established .
Pólit’s defense alleges that five of the six charges were set up before that term and requests their dismissal.
The United States counterattacked with an opposition motion. The prosecutors in charge stated that the prescription in this case was suspended by the District Court. Since it is a process that involves foreign evidence.
To demonstrate the legality of the suspension of the prescription, the Government recalled the issuance of several requests to foreign authorities:
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On April 27, 2020, the United States submitted a request to Panama for bank records, referring to one of the intermediary companies named in the indictment.
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On October 9, 2020, the accusers asked Curaçao for bank records regarding funds that Intermediary Company 2 received in 2016 and that were subsequently sent to an account used by John Pólit, son of the former controller.
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Finally, on November 30, 2020, the United States submitted an official request to Ecuador regarding the official records and bank records belonging to companies of co-conspirator 3, who is an as yet unidentified person.
Faced with this response, on February 10, 2023, Pólit again insisted on the request to dismiss the five charges.
The former Ecuadorian official described as “useless” the US argument for the suspension of the limitations.
