The Attorney General and Chief of the Public Ministry (PM), Mrs. María Consuelo Porras Argueta, held a press conference this Monday to provide details about the progress in the “Fraud and Corruption B410” case. This operation led to the arrest of four individuals following the execution of 18 raids in the departments of Guatemala, Alta Verapaz, and Sacatepéquez.

The Attorney General was accompanied by Mr. Erick Estuardo Shaeffer Cabrera, Acting Secretary General; Mr. Miguel Estuardo Ávila, Anti-Corruption Secretary; Mr. Dimas Jiménez y Jiménez, Metropolitan Regional Prosecutor; and Mr. Mario Francisco Pérez Zapeta, Head of the Economic Crimes Prosecutor’s Office.

In her opening statement, Mrs. Porras Argueta emphasized, “At the Public Ministry every complaint we receive is thoroughly investigated, regardless of who is involved.”

“Our mission is to ensure justice is served without distinction. Fighting corruption and other crimes affecting Guatemalans is fundamental to building a fair and equitable society. That is why we remain steadfast in ensuring the strict enforcement of the country’s laws with objectivity, impartiality, and adherence to the principle of legality,” she said.

Mrs. Porras Argueta added, “When someone acts within the law and has nothing to hide, there is no reason to be alarmed or afraid. To those attempting to sow doubt or mistrust, we reaffirm that our work is carried out with integrity, and our sole motivation is justice for the Guatemalan people.”

She reiterated that the MP is delivering results, as demonstrated in this case, and firmly stated, “We will continue investigating, strong and resolute, without exception, to ensure that every criminal act is investigated and punished to the fullest extent of the law.”

PM Investigates Within Established Deadlines, Not Under Pressure

The Metropolitan Regional Prosecutor, Mr. Dimas Jiménez y Jiménez, spoke about the “Fraud and Corruption B410” case, highlighting that Article 89 of the Tax Code requires all tax-related complaints to be submitted in writing to a competent judge. He explained that specialized judicial bodies, such as the Court of First Instance, the Sentencing Tribunal, and the Appeals Court, handle tax and customs-related crimes.

Regarding this case, he explained that the Economic Crimes Prosecutor’s Office, since assuming control of the investigation, has conducted more than 40 proceedings following a complaint filed by the Superintendency of Tax Administration (SAT) on August 14 of this year. Various investigative resources have been gathered, helping to build an objective case.

“The information we have collected has enabled us to operationalize just one phase of this extensive investigation today. It involves countless hours of work and highly technical, specialized efforts,” he emphasized.

As a result, the PM executed 18 raids: 13 in the capital, two in Cobán, Alta Verapaz, one in Antigua Guatemala, Sacatepéquez, one in Mixco, and one in San Juan Sacatepéquez, both in the Guatemala department.

Jiménez y Jiménez concluded by reaffirming the PM’s commitment to investigating every criminal complaint. He stressed that investigations are conducted within the established deadlines and are not influenced by media or social pressures, ensuring that judges receive solid evidence to prosecute those responsible for criminal acts. This approach avoids the risk of technical errors that could lead to cases being dismissed for lack of merit.

Four Arrested and Over 400 Companies Under Investigation

The lead prosecutor for the case, Mr. Mario Francisco Pérez Zapeta, reported that the actions carried out today resulted in the arrest of four individuals:

• David Francisco Barrera Maldonado, attorney, for money laundering or other assets.
• Carlos René Ayala Morales, legal representative of PCS Constructores, S.A., for tax fraud.
• Eder Medardo López Morales, Head of Purchasing and Procurement at the General Hospital San Juan de Dios, for fraud.
• Evelyn Jeannette Cruz Arriaga, unrelated to this case but with an outstanding arrest warrant for extortion.

He also noted that additional arrest warrants remain outstanding, including:

• Luis Ernesto López Díaz, Deputy Director of Maintenance at the General Hospital San Juan de Dios, for fraud.
• Danilo Valenzuela González, Administrative-Financial Manager of the same hospital, for fraud.
• Gerardo David Hernández García, Executive Director of the hospital, for fraud.
• Julio Edgardo Ajanel de León, Engineering Advisor at the hospital, for fraud.
• Walter Arnoldo Castillo Cordón, Budget Manager at the hospital, for fraud.
• Jorge Antonio Flores Escobar, Executive Director of the hospital, for fraud.
• Antonio José Fernández Rodríguez, Legal Representative of Grupo Propela, S.A., for special cases of fraud, fronting, and money laundering or other assets.

Additional warrants were issued for:

• Mario Estuardo Santos Hernández, Legal Representative of Servicios de Ingeniería, S.A., for tax fraud and special cases of tax fraud.
• Carlos Rubén Baldomero Tot Chen, Legal Representative of Constructora y Transportes JP, S.A., for special cases of tax fraud.
• Alba Luz Duque Girón, owner of Empresa Mercantil XW, for tax fraud and special cases of tax fraud.
• Jorge Gaudencio Loarca Chávez, Legal Representative of V&T, S.A., for special cases of tax fraud.

Pérez Zapeta highlighted that 410 companies have been reported, but only 45 are currently under investigation. He did not rule out the possibility of these numbers changing as the MP and audits by the General Comptroller’s Office continue.

Guatemala, December 16, 2024