Panama’s Twelfth Criminal Court issued a stay of proceedings Tuesday, in favor of businessman Jean Figali, indicted for money laundering from drug trafficking and forgery of public documents.
Figali had been detained for 10 months after his conditional release last May, was given as a precautionary measure “country jail.” The investigation was launched byJoseph Ayú Prado, now the country’s attorney general.
In the ruling, dated Monday November 21, judge Marlene Morais ruled that the Organized Crime Prosecutor failed to prove drug trafficking by the businessman..
Judge Morais, said reports that gave rise to the inquiry in December 2009, prepared by the Financial Analysis Unit (UAF), attached to the Presidency of the Republic, were not confirmed by the prosecution or by the experts of the Institute of Legal Medicine and Forensic Sciences (Imelcf) or by the experts of the Money Laundering Division of the Directorate of Judicial Investigation (DIJ) of the National Police (PN).
The reports indicated awareness of the suspicious movement of millions of dollars by Figali companies.
The ruling indicates that analysts by Imelcf the DIJ and the UAF contained in the reports had "inconsistencies, wrong assertions and lack of documentation" that could link Figali to money laundering activities related to trafficking of drugs.
The prosecution used the reports of the UAF as a basis for requesting a conviction in, given that there was sufficient evidence for it.
In the same ruling, the Judge Morais acquitted Figali of the charge of falsifying or altering his official passport to leave the country to try and circumvent the process.
Figali was arrested on July 6, 2010 at a police checkpoint in Guabal, Chiriqui, and only carried a personal identity card. But a day later fpolice found in San Carlos a passport allegedly belonging to the defendant, a document that was partially burned.
The judge held that although it was determined that the passport had one of the seals and false signatures the prosecution , "has not been able to attribute these changes to Figali."
The ruling acquitted Virzi Mario Herrera, one of the managers of Figali companies who was also accused of money laundering.
"God has been with me and my family through these difficult times and I always trusted that the truth would prevail over lies and falsehoods," said Figali in a note to La Prensa His lawyer Carlos Carrillo asked for the lifting of the injunction of country jail on his client .
It was reported that prosecutor Marcelino Aguilar was out of the country so no decision has been made about an appeal.
Michael Hearns an Anti Money Laundering specialist with over 24 years of AML experience can also be found at www.launderingmoney.com and on twitter at : http://twitter.com/#!/LaunderingMoney
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