In February of this year he was temporarily released from the embezzlement case when he was declared innocent. But the Prosecutor’s Office appealed that ruling and will have to face off against judges again.
The doctor has two processes left. In Guayaquil, Durán and Samborondón in the province of Guayas are divided the three criminal cases facing the former Minister of Economic and Social Inclusion, José Iván E. M., prosecuted for the crimes of money laundering and illicit enrichment; and declared innocent in the case of embezzlement.
Eight years ago, José Iván E. M. began his career at the Ecuadorian Institute of Social Security (IESS). He started in 2012 as director of Duran’s IESS. Two years later he was a resident doctor at the Teodoro Maldonado Carbo Social Security hospital, located in the south of Guayaquil. In 2015 he became Provincial Director of Guayas of the institution. For 2016, he was promoted to national deputy director and retired in 2017 to serve as minister, according to reports from the Comptroller’s affidavits.
The former Social Security official managed for 2017 an equity of $ 188,390.16, which was increased to $ 209,151.58, in 2018, according to documents from the Comptroller’s Office.
Offense of embezzlement
During his tenure as Deputy Director of IESS, the Comptroller carried out six audits of service provision contracts. Based on the report of the Comptroller’s Office and the fiscal investigation, Jose Iván E. was tried and remanded in custody and 12 more persons for alleged embezzlement, because IESS was allegedly caused $ 436,776,917 in damages for contracted services with private clinics.
During the fiscal instruction, 13 people were processed. In the evaluation and preparatory phase of the trial, the Prosecutor’s Office showed a damage to the IESS of $ 123,000 and accused seven defendants, among them José Iván E., and one as an accomplice in the crime of embezzlement. The rest were acquitted.
On February 15 of this year, the eight accused appeared at the trial, developed in the Criminal Guarantees Court of the Albán Borja judicial complex. In the trial, the Office of the Prosecutor explained that from the examination performed to the accreditation, hiring, referral and payments to the private health service providers, during the period from July 1, 2012 to August 31, 2015, the Comptroller established that Esculapio SA (Alcívar Clinic), it collected values above the Ministry of Health’s tariff, causing a damage to the public treasury of $ 123,000.00.
And in this crime the eight defendants have participation. César García, defense of José Iván EM, refuted the theory of the Office of the Prosecutor by stating that his client spent seven days in the position of national deputy director, but the responsibility of approving the expense and payment was from the provincial deputy directors, to whom the Prosecutor previous gave them an abstentive opinion.
The Office of the Prosecutor did not refute Garcia’s assertions and in the end the judges of the court declared the eight defendants innocent. Last week the appeal to this sentence was filed and José Iván E. will go back to the bench accused by this case.
In the judicial complex in Durán, on April 1, the trial court against José Iván E. was initiated, charged with the alleged crime of laundering assets due to financial transactions in his accounts, those of his wife and three others imputed According to the Financial and Economic Analysis Unit (UAFE), between 2010 and 2017, income from transactions of $ 716,000 was found, but in the same period it only declared income for $ 412,000.
The trial will resume on Wednesday with the presence of more witnesses.
In this case, which is processed in the Judicial Unit of Samborondón, despite having completed the fiscal instruction and scheduling the evaluation hearing and trial preparatory has not been able to install it due to problems with the processing José Iván EM The cause originates for a report from the Comptroller’s Office, in which it concludes that it did not justify the acquisition of assets and the values of its accounts. (I)