Former Montoya Attorney: Odebrecht would believe that Rafael Vela used company information to testify against him.

criminal law specialist Ivan Montoyawith reference to the suspension of the legal cooperation agreement with Peru in respect of the Odebrecht case, established Brazilian State Ministry in response to a company request. With this in mind, the former anti-corruption attorney also specified that Odebrecht accuses the Peruvian prosecutor’s office of do not comply with established in the current cooperation agreement.

“It is known – and I believe that members of the Public Ministry have only recently become officially aware of the charges attributed to them by the company – that they (the prosecutor’s office) are accused of using evidence provided by the company itself. in the context of international judicial cooperation in the domestic sphere in order to initiate investigations and some other legal proceedings against the company itself. This is an agreement that is contained in a paragraph of the current cooperation agreement itself. with the Odebrecht company, which would be violated,” he said in News Extension from PTR.

He also clarified that Odebrecht believes Lava Jato team prosecutor Rafael Vela used information provided by the company itself to testify as a witness against him.

“As far as we know from Dr. Vel’s own version, it is that he is involved in some kind of arbitration in which some kind of conflict of interest between the Peruvian state and the Odebrecht company is revealed, and in which the Peruvian state certainly offered him as a witness or intervened as a witness. The problem is that he poured as a witness. I would understand that the company believes that your interference as a witness was to provide information related to the evidence provided by the company itself and in this case use it against the interests of the company. But I must understand that prosecutor Vela now needs to better explain what his role was. Perhaps he intervened as a mere lawyer; that is, explaining a bit the normative context that exists in Peru. And there are no obstacles for this,” he said.

On Judge Cesar San Martin: “If the appeal is found to be justified, there is no reason to talk about money laundering”

On the other hand, lawyer Ivan Montoya commented on the request of special counsel in the Love Jato case: Sylvanas Carriónthat Chief Justice Cesar San Martín refrain from hearing the appeal in the Gasoducto Sur case involving the former president Ollanta Humala and his wife, Nadine Heredia.

“At stake is almost all cases related to the participation in campaigns of various political parties or movements of the period 2011-2016, from right-wing parties to left-wing movements. if the cassation appeal is found to be justified, there are no grounds to talk about the crime of money launderingwhat they mean with this cassation,” he said.

“As for the containment of Judge San Martin, I believe that he did indeed have reasons for restraint., as he had done before, and as he himself requested, and as the court itself at that time accepted it, on quite reasonable grounds of appearance and impartiality. His name appears in the notebook, which does not necessarily mean that he was involved in these processes, and there is a conversation between the Humala-Heredia spouses, in which his name is also mentioned,” he added.

According to some lawyers, the appeal filed Humala Tasso It is based on the fact that the 2019 Campaign Offenses Act will not apply to the 2004 Money Laundering Act. However, for Montoya, this would not be a reliable basis.

“No reason to say it doesn’t apply. The fact that illegal financing of political parties is now a crime does not mean that it was always money laundering in the past. Moreover, they could be combined as crimes. The fact happened before the financing of political parties became a crime, it happens when the crime of money laundering is in force. The problem is, why doesn’t this qualify as money laundering? And there the cassation is trying to bring some arguments that seem weak to me,” he concluded.