Martinelli sons lose laundering appeal

The Second Superior Court confirmed a ruling of the Twelfth Criminal Court -and denied an appeal for annulment presented by the defense of the brothers Luis Enrique and Ricardo Martinelli Linares , as part of the process brought against them. the alleged commission of the crime of money laundering related to the bribes of Odebrecht.

Martinelli’s defense requested that the process be declared void on the grounds that the prosecution had used, without permission from the Swiss authorities, information on companies and accounts registered in that country.

However, both the court and the Second Court rejected this allegation and decided not to accept the appeal for annulment.

The then Twelfth Criminal Court – in charge of Judge Óscar Carrasquilla – had rejected in October 2018 a first appeal that sought to annul the investigation, on the grounds that the Special Anti-Corruption Prosecutor’s Office – in charge of the investigations – had violated due process.

In the case, the Superior Anti-Corruption Prosecutor’s Office charged 102 people and is in the final phase of preparing the tax hearing to send it to the Third Court for Settlement of  Criminal Cases  which must assess the evidence collected in 1,120 volumes that, among other inquiries, contain information on 12 judicial assistances.

On that occasion, the defense of the Martinelli Linares brothers argued that the decision of the prosecution violated the right to defense of their clients.

The Brothers Luis Enrique and Ricardo Alberto Martinelli Linares have been detained in a Guatemalan military prison since July 6, 2020, following an extradition request from the United States.

In a New York court, Luis Enrique and Ricardo Alberto are charged with three counts: one, for allegedly conspiring to launder money, and two more, for hiding information about money laundering. Luis Enrique also faces two charges for the alleged use of money obtained through money laundering.

In Panama, as part of the investigation, the Special Anti-Corruption Prosecutor’s Office requested 13 judicial assistance from Brazil, Switzerland, Andorra, Uruguay and Spain. These assistances contain information on the bribes paid by Odebrecht.

At the same time, the Supreme Court in 2016 managed legal assistance requested by the Swiss authorities on money deposits in Panama, allegedly connected with money laundering activities.

The exchange of information between the judicial authorities of both countries revealed a network of companies and funds deposits linked to Odebrecht, which allowed a plurality of people to join.

The investigations focused on companies from which sums of money were transferred from the payment of bribes from Odebrecht.

Currently, the prosecution is in the final phase of preparing the tax hearing, in which it has charged 102 people for the alleged commission of crimes against the public administration and money laundering.