He Public Ministry The presentation of the accusation against Rafael Martínez Batistathe lawyer Héctor Aníbal Santillán Faulkner and the other members of the scam network that captured more than RD $ 4,239 million and US $ 11.6 million through the fraudulent scheme called Winner Investordismantled by the Gaviota operation.
The persecuting body, represented by fiscal attorneys Jonathan Pérez Fulcar, Miguel Crucey Rodríguez, Yudelka Josefina Holguín Liz, Alexis Piña Echavarría and Emmanuel Ramírez Sánchez, assigned to the General Directorate of Persecution of the Persecution of the Public Ministrydetailed before the seventh Court of Instruction of the National District Las Las evidence that support the record of 668 pages.
Tests and request for judgment
He Public Ministry offered a total of 376 evidence Testimonials, 19 Financial and Computer Experts Forensus, 254 evidence documentaries and 29 evidence materials.
He also requested the confiscation in favor of the victims of 29 properties acquired with the funds obtained through the scheme of fraud, and requested the opening to trial against the 25 natural persons and 16 legal persons accused in the process.
Pyramidal scheme between 2020 and 2024
According to the accusation presented, during the 2020-2024 years, the criminal structure operated a pyramidal scheme that captured and mobilized funds way fraudulentoffering monthly yields of between 10 % and 30 % under the false allegation of legitimate stock market investments.
During that period, they managed to capture funds of more than 330 victims in different Provinces of the country, many of which They mortgaged properties or they committed their personal savings. The investigation evidenced that payments to First investors were financed with the contributions of New participantsrevealing a characteristic pattern of Ponzi type fraud.
COLLECTION OF funds and use of fictitious companies
The investigations revealed that ringleaders, Rafael Martínez Batista and his spouse, Eridania García Veloz de Martínez, along with the other defendants, captured the victims through the company Winner Investor IW SRL and a framework of fictional societies and cooperatives.
Under the false allegation of having authorization to carry out financial intermediation activities and participate in the stock market, they offered monthly yields of between 10 % and 30 %, ensuring that they came from stock operations.
The General Directorate of Persecution of the Public Ministry found that there were no legitimate investments in international markets, but that it was a Ponzi schemein which payments to First investors were financed with the contributions of New participants.
Promotion of fraud and use of social networks
He Public Ministry He explained that the network used social networks like Instagram, Facebook, WhatsApp and Telegram to promote false opportunities of investment. They also falsified financial statements and constituted facade companies, managing to attract hundreds of people throughout the national territory.
The defendants recruited investors and convinced them that they were making a legitimate investment, creating companies to capture public values without having the corresponding permits or records before the Superintendency of Banks or the Superintendence of the Securities Market.
Concealment and escape of accused
For hide traces and hinder researchthe accused assigned the actions of the companies once the scheme was collapsed and disappeared from their usual homes, moving from Higüey to Dajabón or Azua; Some even left the country.
These criminal actions have left a Great human dramawith people who lost all their savings and others who mortgages their properties to place all their heritage in Winner Investor.
The defendants
Of the first defendants, they currently keep Preventive prison Rafael Martínez BatistaRafael Martínez Colón, William Félix Esquez D´Oleo, Carlos Manuel Jiménez Mauricio and Yunior Ariel Espinosa Martínez, after being sent by Judge Fatima Veloz to the Correction and rehabilitation center (CCR-XXVII) Najayo men in June 2024.
While Eridania García Veloz de Martínez and Joanna del Cristo Amparo de Jiménez, sent then to Najayo Women, currently comply house arrest.
On the lawyer and indicated as the legal strategist of the structure, Héctor Aníbal Santillán Faulkner, and Lucía Martínez Colón, weighs a economic guarantee, periodic presentation and Departure impediment of the country.
Accused and accused societies
On February 28 of this year, the Public Ministry presented accusation against a total of 25 natural persons and 16 legal personsamong which are:
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Natural persons:
Edgar Antonio García Binet, Jesús Manuel de la Cruz Pache, Reynaldo Castillo Garrido, Ana Francisca Martínez Batista, O’Neill Alberto Nivar Romero, Smarlin Alberto Nivar Romero, Roberto Evangelist Junior Martínez Batista, Manuel Arturo de la Cruz Paché and Claribel Martínez Vicente.
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Commercial companies:
Ixi Intermecom SRL, Group Investments SRL, Yirewall Srl, Savings, credits and multiple educational entrepreneurs cooperative (COOPES), Winner Investor IW SRL, ANTONIO CARPIO FLOORS AND CONSTRUCCIONES SRL, VGARY CONSULTING SRL, Inversiones Cataleya Srl, Gratia Full SRL, Ghanima Corporation Srl, Raufit Investments SRL, Jalizca Family Inmobiliaria SRL, Doña Francisca Martínez Foundation, Fasurielva Srl Group, Real Estate Luz del Ángel Srl and The Winner Academy & Training Center.
Next audience
Completed the intervention of Public Ministryhe Judge Deiby Antonio Timoteo Pegueroof the seventh Court of Instruction of the National District, gave space for the intervention of the complainants and, subsequently, recess the hearing for next Monday, August 25, at 9:00 in the morning, in order to start the Defense allegations by the lawyers of the accused.
