The defendants admitted their participation in the imputed facts and accepted the abbreviated procedure, indicated the Prosecutor’s Office.
At the abbreviated procedure hearing, a Tungurahua Criminal Guarantees judge convicted six people as direct perpetrators of illegal money collection in actual concurrence of infractions with the crime of organized crime, the State Attorney General’s Office reported this Thursday 16.
On the afternoon of July 7, in different sectors of the city of Ambate there was a lot of police movement and agents of the Prosecutor’s Office due to the raids that were carried out before the investigation for the crime of illegally raising money in an alleged company.
The defendants admitted their participation in the alleged events, the Prosecutor’s Office indicated. Upon which the judge imposed the following sentences: Vinicio Israel Ch. M., 32 months in prison; Katy Jasmine Ch. R., 30 months; Mercy Mariela VM, 31 months; Marcelo Abelardo UN (Police corporal), 36 months; Graciela Jacqueline VM, 32 months, and Walter Alejandro CM, 24 months.
At the hearing, held last Thursday, the prosecutor Jorge Basrantes individualized the evidence for each of the sentenced persons according to their activities in the alleged company and also that based on bank reports and the Internal Revenue Service (SRI) the defendants increased their economic and patrimonial resources in less than a year and carried out bank transactions that exceeded $ 35,000, without being able to be legally justified.
The prosecutor presented elements of conviction that proved the non-existence of the alleged company, including the Asobanca certification, which showed that there is no provision regarding the possession or circulation of cryptocurrencies; the certification from the Superintendency of Banks that establishes that the entity was not authorized to raise money; the certificate from the Stock Exchange that indicates that the legal entity of the firm was not registered in the brokerage house nor does it appear in its operating records; the individual report of the Financial and Economic Analysis Unit (UAFE), among others.
The defendants were part of an organization that offered contributors a 3% daily profit for the money, transactions that were promoted on different social networks claiming that with this business “you can get out of poverty overnight”, recalled the Prosecutor’s Office.
When the raids were made, they found around $ 200,000 and the origin could not be justified, as well as money counting machines, a truck, a motorcycle, mobile terminals, documentation of potential investors, computers, promotional posters of the acquisition, among other evidence.
Another 21 people continue to face the evaluation and trial preparation stage for this case, said the Prosecutor’s Office.
The data
The Prosecutor’s Office clarified that the illegal capture of money is classified as a crime in article 323 and organized crime in 364 of the Comprehensive Organic Criminal Code (COIP), and although it determines a sentence of five to seven years, in this case the defendants are They accepted the abbreviated procedure, typified in article 636, numeral 3, of the same legal body, for which a reduction of less than a third of the minimum penalty provided for in the criminal type was applied. (I)
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