Saint Dominic. The lawyers of the former Minister of Finance, Donald Guerrero Ortizstated that the payment of RD$21 billion made in 2020 to the Reserve Bank (Banreservas) was a legal, audited inter-institutional operation with no outflow of funds from the Dominican State.
The defense maintained that the disbursement corresponded to a legal obligation within the framework of the Financing Program for Contractors and Suppliers, in force since 2003, through which Banreservas advanced resources to guarantee the continuity of public works.
Eduardo Núñez, Guerrero’s lawyer, explained that the payment was made from the Ministry of Finance to Banreservas and that the only recipient was the state banking entity. “There were no direct payments to suppliers or management of funds by the former minister, as the Public Ministry erroneously claims to maintain,” he indicated.
According to the defense, the operation was authorized by the Monetary Board and executed in accordance with laws no. 99-01 and 567-05, which – they claim – confirms its institutional and legal character. They also specified that Donald Guerrero did not create or administer the program, whose financial execution corresponded exclusively to Banreservas under the supervision of the regulatory bodies of the financial system.
The lawyers emphasized that the payment did not generate losses for the State, but was officially registered as a reduction of public liabilities by liquidating accumulated financial commitments. “The State itself recorded this transaction as a debt reduction. That is not fraud; it is transparent public accounting,” said Núñez.
They indicated that the operation is documented in official records such as ERIR 2020, the Integrated Financial Management System (SIGEF) and public accounting, where it is described as a settlement of interstate commitments. In the opinion of the defense, the fact that the transaction is recorded in official reports disproves any accusation of fraud or diversion of funds.
In relation to the accusation of money laundering, the defense stated that it is legally unfeasible, because the resources were public and were transferred between state entities. “Without illicit money and without a precedent crime, laundering simply cannot exist,” Núñez emphasized.
The lawyers insisted that, after more than five years of investigation, there is no evidence that links Donald Guerrero with illicit enrichment, diversion of public resources or personal benefit. They announced that the technical arguments and official documentation will be presented before the court that is hearing the process against the three former ministers, with the aim of dismantling the Public Ministry’s accusation.
The defense concluded by pointing out that not making the payment would have implied failing to comply with the legal obligations of the Dominican State, while making it constituted—according to their position—the fulfillment of an institutional duty.
