Rafael Correa commanded in a criminal organization, according to elements of conviction highlighted by Judge Daniella Camacho
Information obtained from the archives Verde, Verde Final, Victoria Andrade I, II, among others, invoices with copies of the masses that appear in the file, versions of suppliers, information of public institutions, among others, were the sources of the elements which made Judge Daniella Camacho decide that she should call 11 former public officials and ten businessmen for trial of bribery.
The Prosecutor’s Office maintains that during the period 2012-2016 a criminal organization consisting of public officials (ministers, secretaries of state and assembly members) who facilitated the acceptance of offers, promises or presents by private businessmen in favor of the Alianza País political movement was structured ( AP).
Camacho in more than seven hours in which he read his resolution named 179 elements that led him to decide that the case and its evidence should be reviewed by a Court of Judgment, which will decide whether they are forceful for a conviction or are insufficient and declared a dismissal.
The judge in the case of each of the 21 defendants highlighted certain elements of conviction, but clarified that during her reading she already named others that related them.
Meanwhile, Iván León, by lottery, was appointed this Saturday as a judge judge in the case bribes 2012 – 2016. Leon will lead the trial hearings. Together with him, judges Marco Rodríguez and Iván Saquicela will form the Court of Judgment.
Rafael Correa, former president of the Republic
Correa, who would have been identified in the bribery scheme as SP (Mr President), RC, RCD and A1. According to the Prosecutor’s Office, he would have been in the superior hierarchical command of the criminal structure. He would have known about the offers and the delivery of favors and would have arranged for a person of his trust to handle them, exercising supervision and approval of the receipt of the securities from private companies and distribution.
80.- Office of the Banco del Pacifico of the Compliance Unit with information on the current account of Rafael Correa. Certified copies of the original backup of a deposit of May 16, 2014 for the amount of $ 6,000 in the current account of Rafael Correa.
81.- Extension of the version of Francoise Villalba, in which he indicates that his immediate boss was Rafael Correa in the Presidency of the Republic, that he requested a loan of $ 6,000 that was delivered and was paid in full in 12 installments of $ 500. That he received direct instructions from the former president on some issues that he requested and indicated that he did not know if Pamela Martínez and he or the representative of the Solidarity Fund were authorized by the Superintendency of Banks or the Superintendence of Popular and Solidarity Economy to make loans .
Jorge Glas, former Vice President of the Republic
He was a public official between 2012 and 2016, occupying the positions of Minister Coordinator of Strategic Sectors in 2012 by appointment of the President of the Republic, Rafael Correa, and since 2013 he was elected as Vice President of the Republic. This former public official, according to the Prosecutor’s Office, would be identified within the criminal structure with the codes JG, SVP (Mr. Vice President), L1 (Leader 1).
As minister of strategic sectors, he directed the policies and actions among several public institutions such as Petroecuador, Celec, Senagua, whose entities maintained contractual relations with private companies such as Odebrecht, SK, Sanrib, Azulec, Metco, Sinohydro. Companies that delivered money in cash or through the so-called crossing of invoices, bribes, previously agreed by Jorge Glas. This scheme kept him in his management as vice president.
82.- Contract verification for the execution of the disassembly, civil works, construction and preconditioning project for three diesel storage tanks: 30,000 barrels, 70,000 barrels and 10,000 barrels, for an amount of $ 596 403 signed in March 2014.
83.- Official document in which the computerized technical expert report is attached, which includes Alexis Mera emails, from 2017, for Jorge Glas. In the text it would read: if they have time, review this chain of messages that has been selected from the hundreds of documents that work within the Carlos Pareja Cordero process. He has also found a message in which Pareja says, referring to Coca Codo’s contract with Sinohydro, that Glas is responsible for the strategic sectors and that he has been very demanding with the company.
Alexis Mera, former Legal Secretary of the Presidency
It is identified within the structure with AM. During the years 2007-2017 he was Legal Secretary of the Presidency of the Republic. He was a person of extreme confidence of former President Rafael Correa. I advised him in the legal part the actions of the organization in order to protect their interests. It consists of a beneficiary of $ 365,000 received in cash envelopes through one of its advisors under the name of green legal services.
84.- Technical computer report on the expertise of PC5, PC4 and PC9, computers assigned to Laura Terán in the Constitutional Court and the Presidency of the Republic. About Alexis Mera it appears in the files AM and Final Green: September 23, 2013, Alexis Mera, paid green legal services: $ 85,000; December 2, 2013, Alexis Mera, second green legal services subscription: $ 80,000; January 7, 2014, Alexis Mera, third green legal services subscription: $ 100,000.
85.- Materialization of PC9 of the Presidency of the Republic that was used and in charge of Laura Terán was found a word document: Victoria III receipt. The document says I received from Dr. Pamela Martínez the amount of $ 80,000 for the second payment of green legal services dated December 2, 2013.
86.- Office of the CNE in which it is indicated that Alexis Mera does not appear as treasurer and / or responsible for the economic management of the AP movement and that it does not register contributions either.
87.- Office of the Presidency of the Republic which contains labor information, assigned telephones, personnel actions and institutional mail of Alexis Mera.
88.- Office of the President of the Republic in which it is certified that no professional services contract exists for a consortium of lawyers in Brazil signed in the years 2016-2017. In addition, documents of the travel request made by Mera for an agenda to be fulfilled in Brazil from January 25 to 27, 2017, together with Pedro Espinosa.
89.- Expert report where the files Green, Final Green, Victoria Andrade II, among others are materialized. In the Final Green file in which three credits of green legal services are registered for $ 265,000 and a delivery of money for CHV case, arranged by A2, for $ 100,000 that would have been agreed between 2011 and 2015. This is related to an office of the ULA in which amounts given to Alexis Mera are determined for the amount of $ 365,000.
90.- Version and extension of Pedro Espinosa, who indicated that he had removed envelopes from Pamela Martínez at the disposal of his boss, Alexis Mera, who were immediately delivered in person or left on the tray of his desk. That occurred on two or more occasions and that never opened an envelope, that through security filters passed suitcases or large bags, not documents, and even entered through another back door on occasion.
María de los Ángeles Duarte, former Transportation Minister
Identified within the structure as MD or L2 (leader 2). During 2012 to 2014 she was Minister of Transportation and Public Works (Mtop). In his capacity as leaders, he is the one who managed and accepted the delivery of bribes from Hidalgo & Hidalgo, Fopeca, General Construction Technique, Consermin, Equitesa, which are contractually linked to the Mtop. Companies that delivered significant sums of money in exchange for contracts with the State, such as the contract for the maintenance and improvement of Highway E40 and E594, of July 3, 2013, for an amount of $ 11.7 million.
91.- Office of the CNE that states that María Duarte does not appear as treasurer and / or responsible for the economic management of the AP movement and that it does not register contributions either.
92.- Version of Teodoro Calle. In the main, he presents six photographs and says that Minister María Duarte and Minister Walter Solís were the people who demanded or blackmailed to carry out the inauguration parties of the works that were being carried out. This, for example, with the works of Tababela, Esmeraldas, Pedernales and was for the inauguration of the rehabilitation of Río Verde and the inauguration was in Río Verde.
93.- Extension of the version of Alberto Hidalgo Zavala. In the main thing he said that he never offered anything to any of these people, so they imagined that we should deliver those amounts. Realizing a true persecution so that this contribution is concretized. I was one of the victims of this modus operandi that, if I don’t doubt it, is an illegal act.
94.- Expert report in which the files Green, Final Green, Victoria Andrade II, among others are materialized. In the Final Green file in which deliveries of money for $ 320,000 are registered through Yamil Massuh, related to the news of the ULA in which amounts managed managed by L2 for the value of $ 2.3 million are identified.
95.- Extension of the version of Pamela Martínez. He stated that Jorge Glas delivered securities to María Duarte, who received the envelopes with money Pedro Verduga, representative of Equitesa, and delivers them to María Duarte through his assistant Yamil Massuh, whom she sent to withdraw.
Walter Solís, former National Secretary of Water
Identified within the structure with WS (Walter Solis), L3 (Leader 3). During 2012 and 2015 he was National Secretary of Water, then Minister of Mtop in 2015. In his capacity as minister, he managed and accepted the delivery of bribes from companies such as Equitesa and Hidalgo & Hidalgo , which were contractually linked with Senagua and the Mtop Companies that delivered significant sums of money in exchange for contracts with the State, such as the complementary contract number 1 for the construction of the Transfer and Chongón Canal Project.
96.- Senagua Office where the awards of the Senagua contracts and Walter Solis labor certification are found.
97.- Version of Javier Nieto Morejón. He spoke of the contract signed between Mtop and the company Verdú SA He said that this contract originated in the administration of Walter Solís, who on June 22, 2011 assumed this portfolio in replacement of María Duarte. Walter Solís, instead of holding the public tender to award the Chongón-Santa Elena project, what he did, by trade, was to ask President Correa to declare the private initiative presented by the Verdú company of public interest. He also points out that María Duarte held the last international public tender for the maintenance of the Guayaquil-Santa Elena highway, on July 18, 2010, with a budget of $ 30.7 million, that maintenance was carried out from 2011 to 2015, and the company that won that contract was the same company Verdú SA
Vinicio Alvarado, former Minister of Production
Identified within the structure as VAE (Vinicio Alvarado Espinel) and VA (Vinicio Alvarado). During the periods 2012-2016 he held the public position of secretary of the Public Administration, Minister of Production and Minister of Tourism. He was the one who knew all the scaffolding related to advertising and communication issues. He disposed a person of his confidence to manage the search for suppliers, payment methods, distribution of amounts, hiring of companies mainly linked to the advertising area.
He was also the one who authorized by means of the invoice crossing method payments to suppliers through several companies such as Azulec, Caterazul, Fopeca, Equitesa, Metco, SK, among others, being the majority shareholder of the company Creacional SA, also beneficiary of crossing invoices for the payment of various services by employers.
98.- Version of Christian Viteri. He said that at the end of the campaign Vinicio Alvarado sent him a large number of brochures and asked to take charge of the distribution house by house. The cheapest proposal was from Correos del Ecuador of $ 45,000. He ordered the payment to Correos del Ecuador and that someone from the National calls him and informs him that the resources had to be withdrawn in the Kennedy North citadel. He sent a trusted person who tells him that the money was in cash and has to send the offer that accompanies him. That deposit was made on April 22, 2014.
99.- Police party that contains the analysis of the invoices issued by the supply companies Quevedocorp, Sandilsa, Crisvilop, Creational that are related to Christian Viteri, Vinicio Alvarado, Viviana Bonilla and their spouse Gustavo Mora. The invoice numbers were recorded in the files generated by Laura Terán.
100.- Third extension of the version of Christian Viteri, who in the main indicates that the main guidelines of Viviana Bonilla’s campaign, related to communicational issues, were issued by Vinicio Alvarado, who was always accompanied by María Augusta Enriquez.
101.- Version of Eduardo Roncoroni, who indicates that his Creational company offers all the services related to marketing and advertising. That in December 2013, it provided services to the companies Metco and Fopeca. In January 2014 he also worked and that the hiring took place verbally. The activities with these companies consist of the year 2014 and were a job for the candidate Viviana Bonilla for the political campaign. His partner was Vinicio Alvarado.
Pamela Martínez, former President of the Presidency
Identified within the structure as C3 (Coordinator 3). She was an advisor to the Presidency of the Republic between 2012 and 2015 and judge of the Constitutional Court from 2015 onwards. Rafael Correa’s trusted person who carried out all the orders and guidelines issued by the former president and former vice president Jorge Glas. He received money from the businessmen, handed over the money to the members of the structure, coordinated the crossing of invoices, directed, arranged and kept records of income and expenses and monitored money deliveries, held meetings with businessmen for payments and attend the order or follow-up of the contracts. In addition to the fulfillment of this objective, the company NexoGlobal would have used.
102.- Version of Laura Terán. She pointed out that her immediate boss was Pamela Martínez, who gave her provisions electronically and verbally.
103.- Office of the AP movement, which certifies that Pamela Martínez and Laura Terán have not been collectors or treasurers of the AP movement.
104.- Office of the Banco del Pacífico in which images of the deposit made in the JN account are attached, evidencing deposits made by Pamela Martínez.
105.- Version and extension of Pedro Espinosa’s version. He indicates that he has removed envelopes from Pamela Martínez at the disposal of his boss Alexis Mera, the same that were delivered immediately in person or left on the tray of his desk.
Laura Terán, former President of the Presidency
Identified in the structure as LT. He was assistant and adviser in the Presidency of the Republic from 2012 to 2015 and then assistant in the office of the Constitutional Court of Pamela Martínez. In this capacity, by Martínez’s disposition, he created several archives in excel format where codes, names, contact data, agreed values, values received and delivered, total income and expenses, payments to suppliers and invoice crossing, public officials named leaders and coordinators and the names of the people who delivered the bribes.
Periodic follow-up list with a code system for each and the coordination of Pamela Martínez through emails and text messages. Additionally, he delivered money from the bribes.
106.- Extension of the version of Christian Paredes. He talked about the rental payments of the Concorde building that he made with money provided by Laura Terán. That in March 2013 Laura Terán asks her to go to her desk and pass her documents such as the Victoria III card in Excel. In their emails there were NexoGlobal bills that they provided to them to deliver everything in strict order once a month. In 2014 they find archives with the name Final Green report on consolidated income and expenses, which record economic values of different people, the same that are sent by Laura Terán.
107.- Office of the SRI with the expanded executive report of twelve natural persons including Laura Terán.
Christian Viteri, former legislator
Identified within the structure as CV (Christian Viteri). He was an assemblyman from 2013 to 2016, was campaign coordinator for Viviana Bonilla and in this capacity managed economic resources between Jorge Glas and Vinicio Alvarado. He obtained resources from bribes in cash and through the crossing of invoices for which he used companies of which he was a shareholder: Estudio Jurídico Viteri, Quevedocorp, Sandilsa and Crisvilop, together with Viviana Bonilla’s husband. These companies were suppliers of Equitesa and Sanrib, who in turn were contractors with the State.
108.- Office of the SRI in which are attached executive reports of several of the natural and legal persons related to Christian Viteri who register it as a shareholder of Legal Studies Viteri and Crisvilop SA, companies linked to the crossing of invoices registered in the Green Final archives . Office of materialization of the Green, Final Green archives, among others. Deliveries of money worth $ 852,000 of which $ 220,000 were made in the name of Viviana Bonilla are recorded in the Final Green file.
109.- Computer technical report that includes references by Christian Viteri and Viviana Bonilla as those who would have received part of the benefits provided by authorization from Jorge Glas or L1. In the Final Green archive: Viviana Bonilla and Christian Viteri, on April 13, 2013, second support for Viviana Bonilla’s campaign, authorized by L1, $ 100,000. Viviana Bonilla and Christiana Viteri, April 21, 2013, third support for the Viviana Bonilla campaign, authorized by L1, $ 60,000; Viviana Bonilla and Christiana Viteri, December 25, 2013, fourth support for the Viviana Bonilla campaign, authorized by L1, $ 60,000; Christian Viteri, January 31, 2014, cash payment invoice for $ 232,579, 84 Sanrib …
110.- Police party with the analysis of the invoices issued by the provider companies Legal Studies Viteri, Quevedocorp, Sandilsa, Crisvilop and Creational that are related to Christian Viteri, Vinicio Alvarado and Viviana Bonilla. Everything was recorded in the archives generated by Laura Terán.
111.- Brief submitted by the Quevedocorp accountant in which it sends a notarized copy of the invoices that coincide with the company Equitesa SA
Identified within the structure as VB (Viviana Bonilla). From March 22, 2012 to November 11, 2013 she was Governor of Guayas, in March 2014 to January 2016 she served as National Secretary of Politics, at the end of February 2014 she was a candidate for mayor of Guayaquil.
In this capacity, it was a beneficiary of resources from bribes of several companies: Equitesa, Metco, Hidalgo & Hidalgo, Fopeca, Sanrib, Sinohydro, Consermin, through the so-called invoice crossing for services provided by suppliers related to advertising, food and transportation; and cash through their campaign coordinators Christian Viteri and Gustavo Bucaram.
112.- Office of the President of the Republic, in which a certified copy of the executive decree of March 2014 is sent, through which Viviana Bonilla is appointed as National Secretary for Policy Management and who remains in office until 28 January 2016.
113.- Office of the CNE in which files related to several mayors of some cantons are attached, among them that of Guayaquil related to the AP movement, which are sent from the electoral delegations of PIchincha, Guayas and Azuay and in which Viviana consists Bonilla, May 9, 2014, $ 108, and July 9, 2014, $ 245, 22
114.- Office in which the Green, Final Green, Victoria Andrade II archives are materialized, among others, In the Final Green archive in which deliveries of money for the amount of $ 590,000, already referred in relation to Christian Viteri
115.- Version of Diana Domínguez, who indicates that Diagraph invoiced for the work done with Consermin and Equitesa, all the work of the campaign of the candidate of that moment Viviana Bonilla was billed. That the delivery of this material was made at a central party of Viviana Bonilla that was in the Kennedy.
Ex-advisor and trusted person of the Minister of the Mtop, María Duarte, from 2010 to 2015. In this capacity, she collaborated indirectly and secondarily in the withdrawal and delivery of money that had Maria Duarte as a beneficiary. He was in charge of receiving the quotas of money of the organization that integrated María Duarte.
116.- Office of the AP Movement, in which is the detail of the income in which they describe the financial statements, voluntary financial contributions and donations received. Certification of the CNE that includes the list of contributions and contributors of 2013 and the contributions made by Yamil Massuh: January 7, 2013, $ 2,500; February 8, 2013, $ 2,500 … November 11, 2013, $ 5,000, giving a total deposited in 2013 of $ 26,500.
Yamil Massuh during 2013 has made contributions to AP for $ 26,505, while its income declared in the SRI in the same period is $ 26,712.
117.- Computer technical expert report which shows the materialization and information of PC9 of the computer of the Presidency of the Republic of Laura Terán. A file was found containing the text: I received from Dr. PM the amount of $ 160,000 for the Country Convention to be held in Guayaquil, November 11, 2013. Lawyer Yamil Massuh signs. The following records are also found. Final Green Archive, November 2013, María Duarte – Yamil Massuh, Country Convention Tuesday, November 11, 2013, authorized by VAE, $ 160,000. (I)