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CNLCC representatives Eurin Cuevas, front, behind from left, Miguel Ferreras, David Montes de Oca, Andrés García, Enrique de León,
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Press Release

Santo Domingo.- The National Committee to Combat Climate Change (CNLCC) on Wednesday filed suit against the agreement between Justice minister Jean Alain Rodríguez and Odebrecht.

Upon filing the lawsuit before National District coordinating judge Alejandro Vargas, the entity called it "a coup against the Dominican justice system, if this agreement isn't declared void."

It said the agreement was submitted last Friday to be approved by Vargas, despite that the organization had filed a complaint of prevarication at the National District Office of the Prosecutor the previous day against the Justice Ministry and a request to challenge the agreement, as well as a charge of bribery against Odebrecht, its general manager Marcelo Hofke and local commercial representative Ángel Rondón,.

The CNLCC said it notified Vargas on the two complaints today and a challenge to the agreement, which "the Office of the Prosecutor deliberately ignored when depositing this agreement before this judge."

"In the document handed to Judge Vargas, the group clarifies that it cannot be ignored in this process because it is a case of corruption involving State officials, so it has the quality to claim and be a party under Article 85 of the Dominican Criminal Procedural Code."

It also asked Vargas to designate the judge who'll preside over case of the complaints and the objection filed by the civil society organization and be called to defend its position that the agreement signed by the Prosecutor and Odebrecht is illegal. "Both the former judge of the Supreme Court of Justice, Julio Aníbal Suárez and the Institutionalism and Justice Foundation (FINJUS) have publicly reiterated that this agreement is illegal because bribery is a matter of public order that seriously damages the public interest as As provided by the Code of Criminal Procedure."

" bribery is also punishable by three to 10 years in prison for articles 2 and 5 of Law 448-06 on Bribes in Trade and Investment, which prevents any negotiation based on the principle of opportunity contemplated in article 34 of the Code of Criminal Procedure," the Committee notes.

He also points out that article 40 of the Criminal Procedure Code restricts the conditional suspension of proceedings "in cases in which a punishable offense punishable by less than four years in prison or a non-custodial sentence is contemplated."

"By declaring this agreement confidential, the prosecutor is violating article 19 of the Organic Law of the Public Prosecutor's Office, 133-11, which establishes the principle of probity that protects transparency in the actions of public prosecutors, especially if it's a matter as delicate as the bribe of 92 million dollars and overvaluation of works of billions of pesos taken from the pockets of the humble workers of the nation."

"The Prosecutor is obligated to inform the owner of the money of the details of this agreement," the CNLCC said.

"Attorney General Jean Alain Rodriguez is neither competent nor has the authority to have concluded the agreement with Odebrecht, which exonerates this company and its principal representatives in the country from criminal proceedings, nor to request the Public Procurement Agency to lift the ban and allow Odebrecht to contract State works and finish those in process."

"The request by the Prosecutor to rehabilitate Odebrecht is violates Public Procurement Law 340-06, especially Articles 11, 14, 36, 65 and 66, expressly establishing the lifelong disqualification of companies that Have contracted with the State in a fraudulent way, in addition to leaving without legal effect any contracts obtained with bribes and other illegal actions as has been confessed by the company itself," the Committee said.

It said the Justice Ministry wants to prevent prosecution of Odebrecht executives and the company, "arriving at an illegal agreement that the Criminal Procedure Code prohibits him and also Law 448-06 on Bribery in Trade and Investment."

It said that with the conclusion of this agreement, Rodríguez has committed prevarication as described in Articles 126 and 128 of the Criminal Code.

CNLCC spokesman speaks with DT

CNLCC spokesman Enrique de Leon, in a phone conversation Wed. with Dominican Today, vowed to continue their fight to obtain convictions in the US$92.0 million in bribes admitted by Odebrecht, and the ballooned cost of the Punta Catalina power plant.

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COMMENTS
7 comment(s)
Written by: ciber, 15 Feb 2017 1:51 PM
From: United States
I take it that Percepcion does not agree with the above article you can see that he says so !
Written by: Ricardolito, 16 Feb 2017 8:40 AM
From: Dominican Republic, Zona Colonial
These protesting people need to think this out much more . This Brazilian company has done quite superb work in the DR ,unequaled by any previous company and they did their work efficiently. There is much evidence that there were many additions to their initial contracts but this quite normal in all civil engineering work ...More drains , more exits from the road etc. To see all the machinery they had was a very impressive sight . Yes they broke the law by evidently paying bribes but they are now paying the government double the amount of the bribes . I would not throw away this agreement just to go on a near impossible chase to find the people who profited ..I would try to keep this company working in the DR but under tight controls...their work is too good to lose them
Written by: Tuznik, 16 Feb 2017 12:22 PM
From: United States
Well at least they get paid well for good work .
Written by: chillinout, 16 Feb 2017 12:28 PM
From: Dominican Republic
Someone did their homework listing all of the points of law stated.

Peru already has one former president in jail awaiting trial and a second just had an arrest warrant issued for him.

Brazil. USA, and Switzerland have agreed to a minimum US$3.5 billion from Odebrecht for bribery and financial crimes. Kind of makes the DOM's settlement look like pocket change considering DOM was one of the largest victims of the bribery scheme - Venezuela, the Dominican Republic, and Panama were the big money corrupted.
Written by: chillinout, 16 Feb 2017 12:52 PM
From: Dominican Republic
Even if Odebrecht did good work it doesn't mean it was good value. When bribes rig the system other companies are locked out of doing the work and no competition. Crooks are not ethical, moral and honest people.

If Odebrecht was so good then why did they have to pay off people to get the job? Perhaps their reputation in the 12 countries is they paid the highest bribes. Not providing the best work at a fair price.

Written by: Tuznik, 16 Feb 2017 2:52 PM
From: United States
Chillinout .. It isn't just this company . The truth is .. To do any thing in the DR ... Bribes are required first . It how things get done in the DR . So I can't hold this company as the only guilty one . Every body must pay off somebody first . Then you get the job if enough bribes have been paid . I saw the Elliot's pay off a general so he would roust all the vendors off of the beach and hand it all over to the elliots and a restaurant owner and a marine park close by . Not to mention a big casino . Run by others . It was amazing how well bribery worked . It cleared the way for a lot of development . Most of which cost investors millions . But all the participants. Made out very nicely . With out bribes being paid . It wouldn't have happened . According to the Elliot's . This was how business is done .
Then they took the investors cash and split . With a few wealthy generals and politicians left behind to
Watch their backs . It cost 30 thou to get the beach project through
Written by: Tuznik, 16 Feb 2017 3:20 PM
From: United States
It took 30 thou in bribe money to get all of the beach at Cofressi . I know . I watched a letter get passed . And when all the representatives walked away from one general . I was told . 30 thou will buy a lot for every body . Its what it takes to do business in the DR . You simply buy your way through political obstructions and people in the way . Just ask any of the vendors that were forced out of the way . Bribery is just part of business in the DR . Bribery will also buy anybody's way out of possible prosecution for fraud as well . But this time ..., the truth is , the bribes were too big . Nobody could ignore them . And questions were being asked . Why didn't china get this bid at 1/3 the cost ?
They didnt pay out enough in bribes ! This may sound like new news . But it isn't . In fact it is old news that bribery couldn't shut down . So what seems to be the problem ? Not enough protection money was paid out . So now its treated with astonishment ? Really ? Why ?
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