Attempt to advance sentencing of Martinelli's sons foiled
An attempt by the sons of former president Ricardo Martinelli to advance their sentencing hearing after pleading guilty to money laundering has been blocked by the prosecution because they are still reviewing “relevant information” from Panama and Guatemala.
Ricardo Alberto and Luis Enrique Martinelli Linares are in a New York Federal prison.
In a note sent on Monday, April 11, to Judge Raymond J. Dearie of the Eastern District Court of New York, the New York State Attorney’s Office and the Fraud and Money Laundering Assets Recovery criminal divisions of the Department of American Justice, said they oppose the request presented by the lawyers of the Martinelli Linares, last Friday.
The note, headed by prosecutor Breon Peace, points out that the manifesto of the Panamanian government is still under analysis so that it is recognized as a “victim of crime” in the restitution of the $28 million in Odebrecht bribes that were laundered by Luis Enrique and Ricardo Alberto, through the US financial system.
The petition was formally communicated on December 10, 2021, to the United States Department of Justice by the Office of the Attorney General, in its capacity as the central authority of the Republic of Panama for the United Nations Convention against Corruption and fulfilling its obligation constitutional right to defend the interests of the Panamanian State.
Luis Enrique’s allegation regarding his presumed membership in the Central American Parliament (Parlacen) is also being studied. The two brothers were elected alternate deputies in May 2019, but they never took office.
The US government is gathering information on the circumstances of the year and a half that the Martinelli Linares remained detained at the Mariscal Zavala military base in Guatemala, awaiting extradition.
Delaying tactics
Over that time the two detainees filed several appeals, in different courts, to avoid being handed over. Now, their lawyers claim that the 18 months they were in Mariscal Zavala be recognized as time served in the sentence that Judge Dearie will dictate.
The defense attorneys intended to advance the sentencing of their clients for the week beginning Monday, April 25 until May 6.
Therefore, the reading of the sentence remains on the originally established dates: Ricardo Alberto’s on May 13 and Luis Enrique’s, on May 20.
Luis Enrique, 39, and Ricardo Alberto, 42, pleaded guilty on December 2 and 14, 2021, respectively, to the charge of conspiracy to launder $28 million in bribes from Odebrecht, for the benefit of a “ high official of the government of Panama”, between the years 2010 to 2014, whose name has not been released by the New York prosecutor’s office. However, it is known that that high official is also a close relative of the Martinelli Linares.
In Panama, former President Martinelli and his two sons are charged with bribes paid by Odebrecht. The preliminary hearing will be from July 18 to August 5, but the former president will not appear -for the time being-, since he enjoys criminal electoral jurisdiction.