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Corruption Map in Guatemala

Harrassment against judges and prosecutors


The case of Erika Aifan and the burden of the corrupt system
Cases under control of judge Erika Aifán

Key designations by U.S. authorities:


1. Engel List (Section 353 List of Corrupt and Undemocratic Actors in
As a result of the progress made in the
investigation into acts of corruption linked
Caso Construcción – Guatemala, El Salvador and Honduras)
to Alejandro Sinibaldi and his associates, Corrupción 2. Torres List (Section 7019 List of Corrupt Officials in Guatemala,
new lines of investigation emerged that led El Salvador and Honduras).
Corruption case presented in 2017 on
to other high-impact court cases. millionaire bribes paid by Guatemalan
3. OFAC Designations
construction companies to the then Minister 4. Global Magnitsky Designations
This great judicial investigation is known of Infrastructure, Alejandro Sinibaldi. 5. Awaiting extradition to the U.S. on drug chargers
as “La Multicausa" 6. CConvicted in the U.S. on drug chargers
C-01073-2016-
00359
“Multicausa”
Fase II Caso MCN / Caso Caso “Red de
“Financiamiento FCN” “Odebrecht” Corrupción y Poder”

Caso Fuga Gustavo Caso Comisiones


Alejos Paralelas 2020
La Multicausa: the Anti-corruption tornado
Sentenced Awaiting trial
Key designations by U.S. authorities: • Juan Luis Tejada Argueta. • Otto Vinicio Samayoa Soria.

1. Engel List (Section 353 List of Corrupt and Undemocratic Caso Construcción – • José Luis Agüero Urruela.
• Raúl Eduardo Alvarado Cuevas.


José Guillermo Samayoa Soria.
Jaime Ramón Aparicio Mejía.
Actors in Guatemala, El Salvador and Honduras)
2. Torres List (Section 7019 List of Corrupt Officials in
Corrupción • Pedro Luis Rocco Arrivillaga.
• Allen Robert Krebs Wickfors.


Elder Rumualdo Vásquez Quevedo.
José Jeremías Pérez De La Cruz.
• Carlos Francisco Goyzueta Valladares.
Guatemala, El Salvador and Honduras). Corruption case presented in 2017 on • Jesús Augusto García Ibáñez.
• Roger Marco Antonio Navas Coronado.
3. OFAC Designations millionaire bribes paid by Guatemalan • Rafael Angel Díaz Samos. • Julio Roberto de la Peña González.
4. Global Magnitsky Designations construction companies to the then Minister, • Rafael Angel Díaz Fión (also involved in • Walter de Jesús López Acevedo.
“Asalto al Ministerio de Salud”. • Denis Elí Marroquin Castillo.
5. Awaiting extradition to the U.S. on drug chargers Alejandro Sinibaldi.
• Álvaro Mayorga Girón (also involved in • José Roberto García Rodríguez.
6. CConvicted in the U.S. on drug / money laundering “Libramiento de Chimaltenango”) • Julio Ligorría Carballido
• Juan Francisco Sandoval Girón (Former
representative of CACIF at IGSS).

Fase II Caso MCN / Caso Caso “Red de


“Financiamiento FCN” “Odebrecht” Corrupción y Poder”
More national and international builders were Before being convicted, businessmen Alvaro On December 21, 2016, the DOJ accused The investigations into the assets acquired with Caso Evasión
bribes by Sinibaldi made it possible to identify that
prosecuted for paying bribes to Sinibaldi.
• OAS Construction (Brazil)
Mayorga and José Luis Aguero testified that in
2015, Sinibaldi asked them to pay part of the
Brazilian construction company Norberto
Odebrecht of paying bribes to officials from 12 the Guatemalan apartment tower, Casa Margarita, Gustavo Alejos
• Solel Boneh International (Israel) bribes to the organization Movimiento Cívico countries, including Guatemala. served as an instrument to pay non-monetary bribes
While he was detained for the “Red de
• SIGMA Constructores /HW Contractors Nacional (MCN), so that his leader Rodrigo to high officials of the Government of Guatemala.
• William Balz Gallardo (Owner of Casa Corrupción y Poder" case, the
• Corporación Premier Arenas could lead a smear campaign against Thanks to contributions of the DOJ, the Lava prosecution discovered that Alejos
Manuel Baldizón, nemesis of Sinibaldi. Jato Task Force of the Brazilian prosecutor's Margarita)
• Beatriz Jansa Bianchi de Alejos (owner of private hospitals) had feigned
• Víctor Enrique Corado Valdez office and testimonies from Odebrecht illness to be transferred to a hospital
• José Maynor Palacios Guerra In judicial raids on MCN, the prosecution executives, it was identified that three relevant
• instead of prison.
• María José Pepió (Former Executive Director discovered that said organization had also been political figures had received bribes from the Juan de Dios Rodríguez (President of IGSS)
of Construction Chamber) used by a group of businessmen to contribute construction company. • Otto Pérez Molina (President 2012-2015)
• William Méndez (Lawyer of A. Colom) legitimate, but unregistered, money to the • Alejandro Sinibaldi

Caso Comisiones
campaign of Jimmy Morales. • Arturo Batres (General Private Secretary of Gustavo Espina Salguero (Former Vicepresident
Other businessmen were prosecuted for Vicepresident Roxana Baldetti and owner of of Guatemala 1991-1993 and father of Manuel Paralelas 2020
contributing legitimate money, without registration, • Jimmy Morales (President of Guatemala, “Farmacias Batres”) Espina, former Guatemala ambassador to the
to Sinibaldi's campaigns. President of Guatemala 2016-2020). • Manuel Baldizón (opposition leader) –later U.S.) In the search of the hospital where
• Víctor Valention Giordani Estevez • Andrés Botrán (Acted as intermediary) detained and convicted for money laundering Alejos had been transferred, it was
• José René González Campo • Rodrigo Arenas E. (CEO of MCN) case in the United States. • Gustavo Alejos Cámbara (former Private discovered that Alejos used it as a
Secretary of Alvaro Colom’s Government) private office, and that while he was
Information on the case reveals that other • Salvador Paiz del Carmen Information on the case reveals that a second there -while supposedly under arrest- he
Guatemalan companies also transferred money to • José Miguel Torrebiarte Novella phase of the case was under investigation, • Acisclo Valladares Urruela (Executive of TIGO, met with deputies, judges, magistrates
Sinibaldi's companies and were under • José Fraterno Vila regarding other benefitiaries of said bribes: former Ministry of Economics under Jimmy and candidates for judges, in order to
investigation. • José Guillermo Castillo Villacorta • 82 former Guatemalan congressmen Morales) – detained and awaiting trial in the manipulate the election of courts of
• Perenco (Anglo-french oil company) • Felipe Antonio Bosch • 8 Guatemalan companies used to channel the United States for money laundering charges. 2019 and 2020 in Guatemala.
• Ingenio Madre Tierra (Ramón Campollo) bribes.
• Tikiindustrias (Rudy Weissenberg)
La Multicausa: the Anti-corruption tornado (II)
Key designations by U.S. authorities:
1. Engel List (Section 353 List of Corrupt and Undemocratic Actors in Guatemala, El Salvador and Honduras)
Caso Construcción – 2.
3.
Torres List (Section 7019 List of Corrupt Officials in Guatemala, El Salvador and Honduras).
OFAC Designations

Corrupción
4. Global Magnitsky Designations
5. Awaiting extradition to the U.S. on drug chargers
6. CConvicted in the U.S. on drug / money laundering

Fase II Caso Caso “Red de


“Odebrecht” Corrupción y Poder”

Fase III Jorge Baldizon Caso Evasión


“Las Tamaletas” “Testigo A” Gustavo Alejos
Caso Comisiones
In 2020, while the investigation into the payment of bribes to Minister In 2018, the prosecution began extinguishing the properties acquired by Manuel Baldizón
Paralelas 2020
Sinibaldi (2012-2015) was expanding, the Prosecutor's Office received with bribes. While the process was underway, Baldizón's son, Jorge Baldizón, approached After getting busted, Alejos began collaborating with the prosecutors office. Alejos
information on bribes also paid to the Minister of Communications of the prosecution with the interest of collaborating, in an effort to stop the extinction of the accepted that he had negotiated with several members of the 2019 Comisión de
the Government of Jimmy Morales (2016-2020). properties. Postulación to have his candidates elected.
• Murphy Olimpo Paiz. Former Dean of USAC
In raids on a residence in Antigua Guatemala, suitcases with 122 million Jorge Baldizón, known as "Witness A", revealed that in August 2019, he negotiated, • Estuardo Gálvez. 2021 Candidate to the Constitucional Court.
quetzales in cash (15 million US$) were discovered. The residence and together with the then General Secretary of the VAMOS Party, Giorgio Bruni (and later • Luis Fernando Ruiz. Former President of Guatemalan Lawyer’s Bar and 2021
the suitcases were linked to Minister Benito. Private Secretary of the Presidency), a contribution of $2.6 million for the electoral Candidate to the Constitutional Court.
campaign of Alejandro Giammattei.
Likewise, the residence in which the cash was found was also linked to As well, in July 2021, the prosecution requested that the immunity of the following
Giorgio Bruni, Private Secretary of the Government of Alejandro According to his testimony, the money would come from bribes paid by the builder magistrates be withdrawn, who would also have been part of the effort to alter the
Giammattei (2020). Alejandro Matheu of COINCO to the then Minister of Communications of the election of courts of 2019-2020.
Government of Jimmy Morales, José Luis Benito. • Silvia Patricia Valdés Quezada, President of Corte Suprema de Justicia
• Josué Felipe Baquiax Baquiax,
In exchange for the campaign contribution, Baldizón wanted Giammattei to leave Benito • Manuel Reginaldo Duarte Barrera
in the position of Minister, or failing that, appoint Javier Maldonado Quiñónez. • Vitalina Orellana y Orellana
• Nery Oswaldo Medina Méndez
After the election, Jorge Baldizón and Javier Maldonado traveled with President-elect • Sergio Amadeo Pineda Castañeda
Giammattei to the Dominican Republic (photo of the meeting). • José Antonio Pineda Barales
• Silvia Verónica García Molina.
In July 2021, days before the dismissal of Juan Francisco Sandoval as head of the FECI, • Ranulfo Rafael Rojas. Elected in 2020 for Tribunal Supremo Electoral
dismissal linked to the existence of the statement of "Witness A", the Government • Nester Mauricio Vasquez. Elected in 2021 for Constitutional Court.
changed the Minister of Communications and appointed Maldonado. • Mauricio Moto Morataya, Candidate for 2021 Constitucional Court

• 10 Appeals and Lower Level Judges, who met with Alejos and became “his
Other cases under control of judge Erika Aifán
Caso Caso “Comisiones
“Caja de Pandora” Paralelas 2014”
Case presented in 2017 in relation to acts of Corruption case presented in 2017 in
corruption in the Municipality of relation to the way in which a group of
Guatemala, during the administration of lawyers (Roberto López “el Rey del
Álvaro Arzú, and the business that the Tenis” and Gustavo Herrera) together
Municipality had with Byron Lima, a with Alejandro Sinibaldi and Roxana
Guatemalan prisoner, convicted of the Baldetti rigged the election of courts in
murder of Monsignor Gerardi in 1998. 2014.

Caso Caso “Asalto al Caso


“Los Huistas” Ministerio de Salud” “Fenix”
Corruption case filed in 2018 in which Los Corruption case presented in 2019 in Corruption case presented in 2019 related to
Huistas -a drug trafficking network- bribed relation to payment of bribes to access a money laundering network that defrauded
judges and trafficked influences to avoid contracts in the Guatemalan Ministry of the Guatemalan Social Security Institute in
being prosecuted for drug trafficking and Health. One of the defendants, Daniel 2003. Since then, the network has dedicated
money laundering felonies. Rojas Mena, was a close collaborator of itself to hiding the money, in addition to
One of the defendants is the brother of Sofía President Giammattei in his electoral bribing prosecutors and judges to ensure
Hernandez, Vice President of the campaign. impunity. The ring leader, Gustavo Herrera,
Guatemalan Congress with support of the lives in Nicaragua under the protection of
government, and member of UCN, the party Daniel Ortega, and has been a financier for
linked to Mario Estrada (convicted in the riging court elections in Guatemala.
U.S. of drug related charges)
The situation of judge Ericka Aifán
• Due to her position as Judge of Higher Risk Cases D, and particularly, due to the dynamics generated because of the multiple
lines of investigation that were generated after the "Construction-Corruption" case of Alejandro Sinibaldi, Judge Ericka
Aifán had prosecuted or had judiciary control over court criminal cases that involve (or may involve) the following actors:

• President Pérez Molina, Vice President Baldetti and senior officials of the Government of the Patriot Party 2012-2015 for cases of
bribery and money laundering
• President Jimmy Morales (2016-2020) for illicit electoral financing, not reported; his Minister of Communications, José Luis Benito
for bribery and money laundering.
• President Alejandro Giammattei (2020-2024) and his former Private Secretary Giorgio Bruni, for illicit electoral financing, allegedly
coming from bribes to former Minister Benito.

• Relevant actors on the corruption map that transcend from administration to administration (Gustavo Alejos, Acisclo Valladares,
Espina Family).

• 5 of the largest businessmen in Guatemala for illicit, unregistered electoral financing of Jimmy Morales' campaign in 2015.
• Dozens of construction businessmen for bribes paid to former ministers Alejandro Sinibaldi and José Luis Benito, as well as illicit
financing of the 2011, 2015 and 2019 campaigns.

• 1 current magistrate of the Supreme Electoral Tribunal and 1 current magistrate of the Constitutional Court.
• 10 of 13 magistrates of the Supreme Court of Justice (2014 - present) for their attempt to rig the 2019 court election.
• Operators and financiers of efforts to rig the elections of high judicial courts in Guatemala 2014 and 2019.

• Members of the Los Huistas drug cartel, whose members would be linked to the UCN party and with relevant positions within the
current Congress of the Republic. Also allied with President Giammattei's party.
The situation of judge Ericka Aifán
• Derived from the previous situation, there is a shared interest among the political elite, the judicial elite and senior judicial
magistrates, traditional business groups, emerging businessmen linked to corruption and drug trafficking groups to remove
Judge Aifán from her court.

• Likewise, given that two investigations that are known in the Aifán court could link President Giammattei or close officials,
there is also an interest from the government to remove Aifán.

• Likewise, given that the Public Ministry has agreed to present several legal actions against Aifan, and that these actions
must be heard by the Supreme Court of Justice or Courts of Appeals (many of whose judges are under investigation in cases
that are heard in the court of Aifán) there are no guarantees that the judge can even expect impartiality and objectivity from
the judicial actors who would hear the complaints against her.

• Since the only way for Alejandro Sinibaldi to get out of prison is for the entire case known as “Multicausa" to be
dismantled, there is an evident campaign by actors promoting impunity, particularly the Foundation against Terrorism
(Ricardo Méndez Ruiz, Raúl Falla and Moisés Galindo) to "disarm the multi-cause", in an apparent effort to help Sinibaldi.

• In the process, all the political, business or judicial actors that have been affected by these investigations would also benefit
if the multicausal gets dismantled or reassigned to a more “lenient” judge.

• Likewise, if the caso “Comisiones Paralelas 2020” is also dismantled, that would clear the path so that Congress can elect
the magistrates of the Supreme Court of Justice and Appeals Chambers for the next 5 years. Surely several of the candidates
who met with Gustavo Alejos and who became "his candidates" would be elected.

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