Lawyer Ángel Lockward stated today that although the Office of the Comptroller General of the Republic is trying to correct a procedural error in the document called the Audit Report of the Anti-Fraud Unit, the report with which the Office of the Special Prosecutor for the Prosecution of Administrative Corruption tries to 209 natural and legal persons for expropriation of land and that Donald Guerrero heads the list, remains null because it violates due process.
The jurist explained that said report has a nullity of origin, because the draft should have been discussed by the incumbents, under penalty of nullity, as part of due process and the right to defense.
“This Monday, surprisingly, an alleged referral letter dated October 20, 2021 has circulated in some digital media” which, obviously, could only exist if everything said by the comptroller is backdated or false, in writing previously to the judges. Even on the date they were wrong with their haste, because it is September 23, 2021 ”, he refers.
You may be interested in reading: They give details about Donald Guerrero network
“Although the problem of the non-existence, invalidity or nullity of the aforementioned document, in accordance with article 14 of Law 107-13, is not solved with the alleged official letter that circulates, its existence, if verified, will constitute an even greater scandal than those reported to date,” Lockward said.
He insists that the Pepca used the document on December 10, 2021 and in February 2022 to obtain judicial resolutions, and did not deposit any piece signed by the comptroller, nor the Report with his signature, nor the referral letter.
“Furthermore, in the defense brief of the Comptroller and in the intervention lawsuit that notified PEPCA on July 19 and August 5, 2022, it says, verbatim, that Mr. Radhamés Leonidas Peña Díaz never sent it to him.
The lawyer adds that said document “does not solve the nullity of the report, since it should have been notified to the incumbents, in accordance with article 40 of Regulation No. 491-07 of Law 10-07, something that was not done under penalty of nullity. by constitutional mandate of due process and the right to defense protected by articles 69.1 and 138.2 of the Constitution.”
The Specialized Prosecutor for Administrative Corruption (Pepca) is investigating an alleged embezzlement fraud against the Dominican State valued at more than 19,000 million pesos with expropriation of public utility land during the administration of President Danilo Medina.
The information is contained in a request made by Pepca to the coordinating judge of the Investigation Courts of the National District, Kenya Romero Severino, to order the Superintendencies of Banks and Securities, the General Directorate of Internal Taxes (DGII) and to the Institute of Development and Cooperative Credit (Idecoop), to provide a series of information required by Pepca for the investigation of a total of 209 natural and legal persons (companies).
According to the document, “the modus operandi was that, under the instructions of the Minister of Finance, at that time, Donald Guerrero Ortiz, fraudulent maneuvers were carried out with the aim of subtracting from the public treasury the amount of RD$19,653,871,513.80, for of transactional agreements.
