Donald Guerrero says that in his case the Constitution is violated & More Latest News Here


The former Minister of Finance, Donald Guerrero, defended the legality of the payment of the expropriations in his administration, which are the subject of investigation by the Specialized Administrative Prosecution Attorney (Pepca), considering that they were made fraudulently.

Through a statement issued by his legal defense, Guerrero affirms that “all the payments were made in strict accordance with the regulations required for them by both the Ministry of Finance and the Comptroller General of the Republic, which validated, authorized and dispatched each order of payment to the Treasury”.

“All the land was expropriated, either by decree and/or by mandate of Law 202-04, on Protected Areas. All the heirs were paid, with due record, and had been determined –individualized– with the fulfillment of the corresponding legal processes: determination of heirs or by sentence of a competent court”, indicates the statement issued yesterday.

On the situation of unpaid heirs, they state that this is due to a situation of exercising a right.

“That is to say, they did not agree with the amount set per square meter and, for this purpose, they chose or still have the option to exercise the corresponding legal action: a demand for fair value. This must be known by the competent court that will decide on it, forcing the State to pay the price judicially set in favor of those, “he said.

Guerrero maintains that the report issued by the Anti-Fraud Unit of the Comptroller’s Office on which the investigation is based, “does not obey the truth of the facts, in addition to the fact that it could not serve as a basis to dictate an investigation measure, since it constitutes a flagrant violation of the right to defense, the right to be heard, the right of access to evidence, the guarantees of contradiction, equality, and transparency.”

In this regard, they point out that paragraph II of Law 107-13 establishes that “all acts and actions will be subject to the principles of transparency, equality, contradiction and reliability or consistency.” However, they note that said principle of transparency is being violated by preventing those affected from knowing the content of the report, while granting access to the media.

In addition, that equality would not be guaranteed, since the prosecuting body has possessed the document -proof of the investigation and the process- for almost a year, but that the defense is unaware of it “despite having repeatedly requested access to the fiscal folder (principle of equality between prosecution and defense)”.

Right to be heard

Likewise, they detail that the guarantee of the contradiction has not been fulfilled, since the investigated party would not be protecting the right to be heard, by virtue of article 69.2 of the Constitution of the Dominican Republic.

“There can be no objective and independent justice listening only to one of the parties: the exclusion of those called by law to participate is nothing more than an injustice and a violation of due process,” they emphasize. Finally, they report that since the beginning of the interrogations on February 5, 2021, Donald Guerrero has provided all the necessary explanations of his management before the Ministry of Finance, since he has appeared to more than a dozen summonses and provided more than 136 pieces of evidence.

On August 29, the coordinating judge of the National District Instruction Courts authorized Pepca to obtain the financial report regarding the open investigation against the former Minister of Finance.

Judge Kenya Romero ordered the Superintendencies of Banks, Securities, Insurance, the General Directorate of Internal Taxes (DGII) and the Institute for the Development of Cooperative Credit (Idecoop), to provide the director of Pepca, Wilson Camacho, with the reports and reports of financial products, as well as all tax information.


Pepca’s investigation

criminal types.

The Pepca investigates Guerrero for the “preliminary criminal types” of criminal association, forgery, fraud against the State, bribery, coalition of officials and money laundering. Guerrero appears as the main person linked to the case of alleged embezzlement against the State, which exceeds RD$17,000 million in land expropriation operations in protected areas.

Donald Guerrero says that in his case the Constitution is violated
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