The Second Collegiate Court of the National District declared yesterday not guilty of the Lottery fraud National to its former administrator Luis Maisichell Dicent and the cameraman Edison Miguel Perdomo, and it did sentence eight other defendants in the case, which the Public Ministry baptized as Operation 13.
Of those sentenced, those who received the greatest criminal sanction were the former president of the National Federation of Lottery Banks, William Lizandro Rosario Díaz, who was sentenced to seven years in prison, and Eladio Batista Valerio, six years in prison, to be served by both in the Najayo Hombre center. Both were found criminally responsible for money laundering, bribery and criminal association.
Judges Claribel Nivar Arias, president of the court, Katherine Rubio and Yissel Soto, partially accepted the agreements that four of six defendants reached with the Public Ministry. These are the presenter Valentina Rosario Cruz, Felipe Santiago Toribio, Carlos Manuel Beriguete and Jonathan Brea for whom the Public Ministry (MP) had requested “One year and eight months in prison” calculated as a sentence already served, and “the remaining three years and four months suspended”.
Accepted agreements
However, according to the ruling, these defendants were found to have participated in the plot, for which they were found guilty of the crimes of money laundering, criminal association and prevarication and sentenced to five years in prison, three to be served in jail and two suspended under conditions.
The agreements that were fully accepted were those of the blind Miguel Mejía and Rafael Mesa, who were sentenced to five years suspended under conditions. All those who made agreements admitted their participation in the fraud and returned part of the money they received as bribes.
Incrimination
By motivating the judgment In which the former official is discharged of all criminal responsibility, the judges affirmed that “the evidence has been highly insufficient” against him. They argued that “if the MP had” the intention that, with the incriminating statements of the co-defendant Valentina (the presenter) destroy the presumption of innocence” of Maisichell Dicent “then, says the court, why did he not look for evidence based on these statements offered.
Convicted must compensate the State with 3 million pesos for damage to the image of the National Lottery. They must also pay RD$25,830,000 in favor of lottery banks.
He argued that it was shown that Rosario Díaz contacted the other convicts promising them, using the friendship he had with Dicent, to remain in their posts and pay money so that they would lend themselves to fraud.
And, regarding Rosario Díaz’s friendship with the former administrator, the court said that “the fact of the existence of that relationship of friendship they have not been able to extract, beyond that link, if there was a slip, if there was a meeting of this citizen (Maisichell Dicent) with the named William today, or with some of the defendants. We don’t have a call, we don’t have a mapping, we don’t have an approach, we don’t have anything. Only the incriminating statements of a defendant (Valentina) have been brought to court.”
Dicent was pointed out by the presenter of the draws, who stated that he told her in the Lottery elevator that someone was going to approach him to tell him about a “special” draw.
Reaction of the Public Ministry
The head of the Office of the Special Prosecutor for the Prosecution of Administrative Corruption, Wilson Camacho, stated this Monday that it is not possible that the main defendant in the case of fraud against the National Lottery for more than 500 million pesos, Luis Dicent, has been discharged, Therefore, he will appeal the decision after the full reading of the case is known on April 3 next. “The court itself acknowledges that evidence was presented, but assumes that such evidence has been insufficient,” said Camacho as he left the Second Collegiate Tribune. Ruling will be read in its entirety on April 3.
