Olmos Project Case: Prosecuting Attorney's Office Seeks Nearly $200 Million in Civil Damages Against Yehud Simon, Alejandro Toledo, PPK and Ollanda Humala | principle

When sought as a civil actor in the criminal proceedings against Simon Munaro and others, the plea was made for the alleged offenses of aggravated conspiracy to the detriment of the State, passive bribery, improper negotiation, money laundering and criminal organization. .

This request was accepted by the Tenth National Preparatory Court, which, headed by Judge Soledad Barruto, declared the constitutionality of the Office of the Attorney General as a civil actor for the defense of the state.

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According to the Justice Department document, the amount sought by the Attorney General's Office is US$181,843,150.29; and to be paid by the defendants if they are found liable. He applied on the basis of nine cases of irregularity detected by the Public Ministry.

“The ad hoc Public Prosecutor's Office has established the sum of US$ 181,843,150.29 (One Hundred Eighty-One Million, Eight Hundred and Forty-Three Thousand, One Hundred Fifty and 29/100 United States Dollars) as the sum of the application for civil damages, to be jointly and severally paid among the respondents on each fact and the amounts assessed for each fact” The request states that.

Works for campaign contributions

According to the financial hypothesis, the accused organization in the state apparatus (Lambayeque and the regional government of the central government) would have been involved in corrupt activities by obtaining concessions and public works in favor of the Brazilian business group Odebrecht said region; In this context, the investigation focuses on crimes committed within the framework of the Olmos transfer offer.

Acceptance of the economic proposal presented by Constructora Norberto Odebrecht SA by alleged illegal acts and decisions; It was therefore unanimously agreed to cast good votes in favor of the scheme.

The Concession Agreement was signed on July 22, 2004 by the Regional Government of Lambayeque as the “Provider”. Concessionaria Trasves Olmos S.A. “El Concessionario” represented by Jorge Henrique Simós Barada and Juan Andrés Marzano Soto, Private Investment Promotion Company (Proinversion) represented by Renejo Helbert Carne appeared as intervener.

From the facts discovered by the prosecutor, the Lambayeque regional government granted the Trasvase Olmos concession initial extensions without support, paid high construction costs and did not impose fines, violated contract provisions and applicable regulations, and created. US$ 17,903,068.86 economic damages (US$ 9,000,000.00 fines not imposed on the concessionaire due to unnecessary extension of initial or construction period due to the first and second group events; US$ 209,068.86 fee within the framework of illegal transaction of Olmos Tinajones Special Project resources, although not supported by the concession agreement, US to pay the project cost Although $3,010,000 is attributable to the concessionaire, the concessionaire during the delay created by the first and second group events).

According to the prosecution, Simon Munaro's alleged irregularities will be linked to the provision of illegal assets by Odebrecht to the then-candidate's political campaign for re-election in the regional government of Lambeique, who is now under investigation. Yehud Simon Munaro; It merits the conclusion of an investigation into alleged money laundering.

In particular, two areas are investigated; Payment of US$300,000 from Box 2 of Odebrecht's Structured Operations Department; And another US$92,500, which the former governor would have used to buy a property.

Likewise, Yehud Simon declared contributions to the campaign of his political party, the Peruvian Humanist Movement, before the Office of National Electoral Processes, with the aim of giving legitimacy to gifts given by Jorge Simos Barada to the re-election campaign of Yehud Simon Munaro.

“In this sense, Yehud Simon Munaro, Pablo Enrique Salazar Torres, Segundo Commercialo Vasquez Gomez and Ana Margot Ars Reyes were aware of the illegal origin of US dollars. 300,000.00, decided to turn the illegal assets seized from Constructora Norberto Odebrecht SA (Odebrecht) into electoral campaign contributions of the Peruvian Humanitarian Movement in 2006, the origin to avoid its confiscation and confiscation”, the resolution indicated.

Others involved

Also in the caseThis includes Humberto Acuna Peralta, the former Regional President of Lambay. According to the statement of the former mayor of Olmos, Willy Cerrado Boos, the prize would have been awarded by Raimundo Trindade when the “concession agreement for the construction, operation and maintenance of the transmission works of the Olmos project” was executed. Serra (Odebrecht official) questioned Humberto Acuña Peralta, Regional President of Lambayeque; So the latter changed its initial position of protecting the interests of the Lambayeque regional government and adopted a more accommodating position in the area of ​​the concessionaire's economic interests, which is why the investigation of the alleged illegal act of passive bribery continues. own

About Alejandro Toledo ManriqueSupreme Decree No. dated August 21, 2003 together with the Minister of Economy and Finance Jaime Quijandria Salmon and the Minister of Agriculture Francisco Gonzalez García. 118-2003-EF issued. All of these purposely exclude or exempt the Olmos Transfer Project from the Pre-Investment Phase (SNIP) (previously: construction, operation and maintenance of the Trasantino Tunnel and the first phase of the Limon Dam).

Along these lines, the public ministry considers the release of the Olmos project from SNIP, the national public investment organization, as an illegal action by Toledo Manrique, which will be repeated as it is replicated in Tranches II and similar projects. III of the Peru-Brazil Interoceanic Road Corridor Plan, Section IV of the Peru-Brazil Interoceanic Road Corridor Plan, Sections 2, 3 and 4 of the Northern Peru-IIRSA Northern Maritime Road Corridor Plan and Sections 2, 3 and 4 of the Southern Peruvian Maritime Road Corridor Plan, which allegedly committed crimes against public administration. Presents investigations.

Additionally, Pedro Pablo Kuczynski Godard As Minister of Economy and Finance, Ministerial Resolution No. dated November 7, 2001. By 328-2001.EF/10, he established the financial conditions to be considered in the detailed project competition for the concession of the irrigation project. Hydropower Olmos, with state co-financing of 40 million US dollars, dated November 7, 2001, without taking into account the requirements established in Article 7 of the Credit Law, as stated in the content of the Assistant Memorandum prepared by the General Directorate of Public Credit.

The alleged contact with Westfield Capital Limited at the time was represented by Gerardo Sepulveda Quezada, who was included in this criminal activity because the company signed a financial advisory agreement for the aforementioned project.

Y, In the Ollanda Humala case, Through an official letter N°207-2012.GR.LAMB/PR-ORPP, the then head of the Regional Government of Lambayeque Humberto Acuna Peralta asked Ollanda Humala Tasso, who was being investigated as President of the Republic of Peru. , to provide additional resources up to the amount of S/. 18,000,000 (eighteen million soles) to fund the economic and financial damages of the Trasvas Olmos Concessionaire due to the delay in the implementation of the Trasvas Olmos project related to the first and second group events.

This funding was published on Sunday, May 20, 2012 in the Official Gazette, El Peruano, through Supreme Decree No. Issued by the Central Government vide 073-2012-EF, signed by Humala Tasso and approved by the Minister of Economy. and Finance Luis Miguel Castilla Rubio and Agriculture Minister Luis Ginocchio Balcacer.

Former President Humala Tasso's actions may have been in response to a US$300,000 contribution she received from Odebrecht during the presidential campaign, approved by Jorge Henrique Simos Barata.

After examining the case, Judge Soledad Barruto rejected the opposition of the defendants in the case, including Simon Munaro, and declared that the Office of the Temporary Prosecutor complies with the procedural requirements necessary for its formal incorporation – as a party. Punishment; Therefore, his request should be considered, the objections raised should be overruled and, therefore, the powers established in the procedural rule should be recognized.

“Considering that mentioned in point 2 of this resolution I consider it carried; And although there is only one objection in this regard, it is necessary to point out that on the part of the defense of the accused Yehud Simon Munaro, the documentary evidence proving the applicant's right was used and is on record without it. Since it is necessary for its formal integration, the evidentiary function is carried out on the alleged damage – as we have said – which corresponds to a different procedural level, in which, if applicable, it will be observed.

Soledad Barrueto, Preparatory Anti-Corruption Trial Judge.