A Precedent Setting Court Battle Begins - long posts

rendul

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Feb 24, 2002
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Well, the following is a breath of fresh air for the D.R. The newest instalment of the Canoe case drama is now available at the link below:

Dominguez Brito se querella contra s?ndico de Cabarete por supuesta corrupci?n | Cabarete noticias


Here is the Google translation for #1:

"Dominguez Brito trustee sues for alleged corruption Cabarete

May 22, 2013 | Filed under: News | Posted by: caba8255

Press Conference May 21, 2013 in relation to the complaint filed by the DPCA to Canoa
Press Conference May 21, 2013 in relation to the complaint filed by the DPCA to Canoa



The Association for the Development of Cabarete (ADECA) asked the courts of Puerto Plata agility proceed with knowledge of the complaint filed by the Attorney General of the Republic ? Mr. Francisco Dominguez Brito, against the Director Municipal Cabarete, Gabriel Antonio Mora Ramirez (Canoe) and former City Manager Morfe Eddy Ramon de la Cruz, for allegedly embezzling more than 185 million dollars of public funds during the years 2004-2010.

Also claimed to enforce the law No. 176-07 of the National District and the municipalities, the July 17, 2007 whose Article 44 provides that a municipal official must be suspended when "background file a lawsuit in which he is accused a crime or offense punishable with imprisonment ". The preliminary hearing to determine whether sufficient evidence exists to file a lawsuit Canoa background and Morfe is set for tomorrow, May 21 in the trial court.

"The community of Cabarete requires the support of justice and the city of Sosua, which oversees the District Board of Cabarete to clean your council as soon as possible and promote the correct use of their resources," says a statement from ADECA in which also "asks the support and solidarity of other business and social institutions of the province of Puerto Plata in the effort made to clean up municipal management."

Dominguez Brito's complaint before the Judge of Puerto Plata is based on an audit of that period by the Chamber of Account, and additional research conducted by the National Administrative Prosecution of Corruption (DPCA), the surveys conducted by the National Institute of Forensic Sciences (INACIF) and a complaint documented by ADECA in October 2012, accused Canoe Morfe for the embezzlement of more than RD $ 102 million in the period between 2004 and 2012.

The case launched by the Attorney General of the Republic, the Chamber of Account and ADECA, uncover criminal plot known as far at the municipal level.

Mora (better known as Canoe) is the current Director of Municipal Cabarete and has served since 2010. He has been involved in violations of environmental law in a shooting attack on a taxi driver and has been indicted for violation of the law on free access to public information. Morfe served as City Manager from 2008 to 2010. Canoe position was also in 2004 to 2005 at the latest.In losa?os the record also cited as involved or benefit from the illicit activities described in the lawsuit Canoa's brothers Ernesto, Humberto and Light Deisy Ramirez Mora.

ADECA's position was presented to the media at a press conference attended by Dr. David La Hoz, attorney for the entity and Michel Gay Crosier, hotelier of Cabarete, the current president of ADECA. He also participates as a lawyer of the association together with La Hoz, attorney Candida Gil.

On September 19, 2012 a court in Puerto Plata Morfe Canoe imposed coercive measures on charges of falsification of public document. He ordered a bail of one million pesos, barred from leaving the country and appear in court on the 15th of each month.

Dominguez Brito pending filed February 8, 2013 asks the Coroner for Puerto Plata set the preliminary hearing, issue an order for the trial and endorse coercive measures currently weighing against the accused.

Gay ADECA President Crosier asked and accelerate the process to stop the "scandalous waste of resources that fulfill a decade, and asked the leaders of the LDP, the PRD and the PRSC, especially Carlos Morales Troncoso, remove the protective mantle pol?ticaque exists in the province of Puerto Plata in favor of Canoa "

He said that this time the community of Cabarete "confident that the city of Sos?a suspended Canoa Municipal District Director, as citizens and entrepreneurs from Cabarete not deserve to be represented and led by these people."



Bulky complaints history

Dominguez Brito's complaint is the third canoe facing corruption. In October last year was submitted by ADECA, and last August by the DPCA, based on an audit report of the Chamber of Accounts under which the Board of the Municipal District of Cabarete transacted for $ 119.4 million through different accounts without there are "documents supporting the aforementioned satisfactorily disbursements". This amount is equal to 70% of the $ 170.3 million budget implementation for 2004 to 2010.

ADECA's complaint adds to the history of conflict that has been involved Canoa addition DPCA initiative this year, and was brought to trial (December 2008) to destroy a protected area, which is subject by Fake Book minutes of the District Board (July 2011), has a charge of shooting a driver and your car (April 2012) and is the first official who is being prosecuted for refusing to give public information (July 2012).

Canoeing was again submitted this year by ADECA because he refused to hand over information on the management of the District Board of Cabarete, but all proceedings against "slow walk" in Puerto Plata, said La Hoz.

The actions of entrepreneurs in Canoa and Cabarete against the District Board began in 2008 with allegations that forced to revoke the privatization of the municipal treasury, considered an unusual, and a contract for garbage collection. Both contracts were made in violation of state procurement law.

One of his responses was to take proceedings against the Gay Crosier for alleged violation of environmental regulations, for which falsified the minutes of the District Board. This action was dismissed in all instances and she now faces a lawsuit and a complaint for falsification who stars in the DCPA.



Conspiracy

Dr. La Hoz reported ADECA Morfe Canoe accused of embezzlement, collusion abstention and Violation of Law 176-07 on municipalities, Articles 146 and 148 of the Constitution of the Republic and the Dominican Penal Code sections relating adesfalco (Art. 171), trespass (Art. 166), extortion (Article 174), and other criminal association.

He said a review of documentation held by the Association made by an accountant found that only in an alleged application of asphalt in Cabarete no contracts or brackets supporting in the years 2008 and 2009 were dashed RD $ 54 million dollars, and some RD $ 10 million in checks made payable to Guarionex Sanchez and changed by the city treasurer and a brother of Canoa. Checks were also issued for more than RD $ 2.5 million to three brothers of Canoa, and other RD $ 15 million issued invoices and forged signatures.

He explained that the action taken is based on Article 21 of Law 176-07 on municipalities which states that in case of violation of this law "any person or entity" may apply to the competent jurisdictions honeycombs "set in motion the public action, in becoming as a civil plaintiff and under the terms of the Criminal Procedure Code and apply appropriate sanctions. "

The Sickle further stated that this law "legitimizes mun?cipes procedural regarding monitoring and control council spending as the work carried out" so that Article 245 states instituting "Social Audit Committees Works or community committees as a mechanism for the community itself, in order to monitor the projects and works by the council "so that they" are carried out as planned and budgeted for. "



The complaint of CAPD in August

The cited research done by the House on budget execution and prompted the complaint of DCPA last August, covering the period 2004 - 2010, which acted Morfe and Mora (Canoa), under whose mandate was implemented, 54% of resources incurred in the period since only in 2009 and 2010 spent $ 91.1 million.

The report notes that the "budget execution statements present fairly in all material respects the receipts and disbursements made" in the period, and notes that it violated the provisions of the laws of municipal organization of municipalities, budget, procurement , civil service, the Tax Code and other provisions.

This audit shows that were assigned works valued at $ 81.6 million with no contracts, mainly in 2009 ($ 40 million) and 2010 ($ 26 million) under the command of Canoa, and found paying $ 57.2 million to contractors without supporting media, primarily Northern Asphalt Corporation, the construction Kuky Industrial Silverio, S?nchez, Julio Melquiades Valdez, Lorenzo Sarita, Rolando Bonilla Smith and Transport Dominguez.

In District received revenues of $ 30.6 million "which was found to exceed revenue receipts deposits and vice versa." A deposit fliers "are not appended the corresponding revenue receipts." Also, paid of $ 224 thousand construction progress whose beneficiaries differ from those contained in the invoices attached as justification; were issued receipts by $ 39.1 million for construction licenses without attach related documents, and paid $ 2.2 million in fuels checks behalf of officers and employees or individuals."