He former president Alejandro Toledo He faces his first sentence this afternoon for crimes of corruption and money laundering. He Prosecutor José Domingo Pérez, of the Special Team of the Lava Jato caserequests that a sentence of 20 years and six months of effective prison be imposed. Meanwhile, the ad hoc attorney Silvana Carrión requires the payment of civil compensation of 1,375 million soles and 463 million dollars, jointly and severally.
If the judges of the Second Collegiate Criminal Court, Zaida Pérez, Inés Rojas and Richarth Quispe, consider the two charges attributed to him to be proven, as the prosecutor assures, they will impose the sentence requested by the prosecution. On the other hand, it will be less if only one crime is proven: José Domingo Pérez requested a nine-year sentence for the crime of aggravated collusion and eleven years and six months for the crime of money laundering.
The Ecoteva case and other investigations
Alejandro Toledo He still has a pending trial for Ecoteva case in relation to the off shore companies that her mother-in-law, Eva Fernenbug and Avraham Dan On, opened in Costa Rica and the repatriation of part of the money to Peru to pay the mortgages on her house in Camacho and Punta Sal, in addition to the purchase of the Omega Tower offices.
The Office of International Cooperation and Extradition of the Attorney General’s Office reported on Sunday, October 20, that the Government of the United States of America agreed to the request for extension of extradition of Alejandro Toledo Manriqueto be tried in the Ecoteva case for alleged crime of money laundering.
In the Ecoteva case, the prosecution has requested a sentence of 16 years and eight months in prison for Toledo. The prosecution has also filed criminal charges against the former president for section 4 of the Interoceanic Highway, with a request for 35 years in prison.
While the cases of the Northern Interoceanic Highway, the Olmos irrigation projects and alleged illicit contributions to the Peru Posible electoral campaign remain under investigation.
The crimes: aggravated collusion and money laundering
In the trial whose outcome we will see this afternoon, starting at 2:00 pm, Toledo only responds for having agreed with the former superintendent of Odebrecht, Jorge Simoes Barata so that the Brazilian construction company is awarded the contract for the construction of the highway. interoceanic, section 2 and 3.
The illicit pact involved the payment of 35 million dollars, through the accounts of the deceased businessman of Israeli origin, Josef Maiman. However, Odebrecht paid only about $21 million. The movement in bank transfers of that money, until the funds enter the offshore accountsEcoteva Consulting Group In Costa Rica, this is what generates accusations of money laundering.
The evidence of the prosecution
To support the charges, the prosecution has presented the statement in effective collaboration of Jorge Barata, Josef Maiman, José Graña Miró Quesada and Hernando Graña. In addition, the testimonies of former Odebrecht executives from the structured operations sector, known as box two, who were in charge of making the illicit payments.
Likewise, server logs My Web DayandDrousys of the amounts transferred to Maiman’s accounts and the lifting of the banking secrecy that proves the movement of the money.
Toledo defends itself against this accumulation of evidence by denying the agreement with Jorge Barata while maintaining that Joseph Maiman He had his businesses with Odebrecht in Peru and other countries and that they were using him to cover up the truth. He emphasizes that he had no participation in the movement of the money from the time it was delivered by Odebrecht until it arrived in Costa Rica.
The responsibility of Proinversión
The ruling will also resolve the legal situation of the former members of the Committee for Proinvestment in Infrastructure and Public Services Projects,Alberto Pasco-Font Quevedo and Sergio Bravo Orellanaand the deceased Patrick Barclay Méndez, whom the prosecution accuses of being Toledo’s accomplices.
In the case of Barclay Méndez, having died, he will not have any personal responsibility, but if the judges establish the responsibility of the Proinversion Committee, the assets he left as an inheritance will be seized and confiscated for the payment of civil reparation.
Alberto Pasco-Font and Sergio Bravo assure that they were unaware of any illicit pact between former President Toledo and the Brazilian construction company and that they fulfilled their functions within the current legal regulations without favoring any of the bidders or participants in the bid.
The head of security at the Government Palace
The sentence will also reach the former security advisor of the Government Palace, during the administration of Alejandro Toledo, Avraham Dan On. The prosecution accuses him of being Toledo’s accomplice in the illicit pact with Barata and in the international movement of money.
Dan On, who participated in the trial via videoconference from Israel, also declared himself not to be involved in the Toledo, Odebrecht and Maiman agreements. If he is found guilty and a prison sentence is imposed, the authorities must promote and process his extradition from Israel.
Construction entrepreneurs
The ruling handed down this afternoon will also be relevant for Fernando Martín Gonzalo Camet Piccone of JJC Contratistas Generales and José Fernando Castillo Dibós of ICCGSA. Camet Piccone is in Spain, pending extradition proceedings.
Castillo Dibós did participate in the trial, but an effective collaboration agreement is pending approval, in which he hopes to be exonerated of any criminal responsibility for the case of the Interoceánica Sur, section 2 and 3.
Of civil reparation
The ad hoc prosecutor of the Lava Jato case, Silvana Carrión, requests that Toledo and the other defendants, if found guilty, pay civil compensation of S/ 1,375 million and US$ 463 million, jointly and severally.
The payment of civil reparation would also reach the consortia “Interoceánica Sur – Tramo 2 SA”, “Interoceánica Sur – Tramo 3 SA” and the consortium companies: Graña y Montero, JJC Contratistas Generales and ICCGSA.
Reading a preview of the sentence
At this time the judges’ verdict is ready, after a year of continuous hearings that began on October 16, 2023. Starting at 2:00 in the afternoon, the judges will read a summary of the parties main aspects of the verdict that resolves the responsibility or innocence of Alejandro Toledo and the other accused, the penalty that will be imposed and the civil reparation.
The prosecution or any of the parties who are not satisfied with the verdict may appeal, so that the decision is reviewed by a National Criminal Appeals Chamber. Toledo will continue to be detained in the Barbadillo prison, where he is serving preventive detention, even if he is acquitted, something that is considered unlikely, but technically it is one of the possibilities.
Defendants who participated in the trial while at large, even if found guilty, will remain free until the verdict is confirmed. The entire sentence will be read at a public hearing over the course of next week.
