Plea deal lets embezzler off $55 million hook

The penalty agreement between the Anti-Corruption Prosecutor and the former head of the National Assistance Program (PAN), Rafael Guardia Jaén. exempts him from 15 criminal investigations.

According to the agreement, the anti-corruption prosecutors agree not to accuse Guardia  Jaén of crimes against the public administration and other criminal offences, totaling multi-millions of dollars that were filed in those cases or accuse him In  cases that may arise because of his  role as director of the PAN between 2012 and 2014, reports La Prensa.

The agreement is not firm, because the prosecution is appealing  the decision of the fifteenth criminal judge, Leslie Loaiza, to return several assets and accounts to Guardia Jaén,

On Monday, Dec. 18, through his lawyer, Víctor Orobio, a document in which he makes available to the prosecution the goods and money that the judge was released.

Orobio said his client took the step because of criticism of Loaiza’s decision.

the Public Prosecutor’s Office said that, despite the statement of Guardia Jaén, it will continue with the appeal of the property returned by the judge.

At least $4.4 million dollars from the (PAN) that Guardia  Jaén transferred to banks abroad have not yet been recovered by the Public Ministry.

This is confirmed in the penalty agreement signed between Guardia Jaén and the Anti-Corruption Prosecutor, says La Prensa.

Guardia Jaén promised to return about $ 4.4 million that was remitted to banks abroad according to the document, the prosecution requested international assistance for the location and apprehension of these monies, which, mainly, were remitted to banks in the Bahamas.

“It is understood that monies that were transferred abroad […] will be subject to confiscation

by the State, once this penalty agreement is executed, “the document states.

The possible damage to the State’s equity -calculated by the Office of the Comptroller General is at least $54.7 million. in 8 of the 15 cases in which the Public Prosecutor’s Office (MP) commits not to accuse the former head of the PAN .

The penalty agreement establishes that “the anticorruption discharge prosecutor’s offices

agree not to accuse Rafael Guardia Jaén of the charges against the public administration and other criminal types that were formulated “in 15 criminal proceedings.

With this agreement, Guardia Jaén would be sentenced to a prison sentence of five years and is forced to return about $30 million in assets and bank accounts apprehended by the Public Ministry.

The agreement between the prosecutor’s office and Guardia Jaén was submitted to an approval hearing on  Dec.13 before Judge,  Loaiza.

In that hearing, when dictating the accessory punishment, Loaiza decided to return to Guardia Jaén six  bank accounts

totaling about $ 100,000, three vehicles, including a Porsche Cayenne; two apartments, plus a mansion in Costa Del Este, valued at $940,000.