2023-07-12 16:58:00
The Special Team of Prosecutors against Corruption in Power, led by the superior prosecutor Marita Barreto, identified that Goray “illicitly” withdrew more than S/2.7 million from BBVA. This money corresponds to the interest generated with money that came “from the State coffers” and that was transferred to the trusts for the execution of five projects supported by the MiVivienda Fund (FMV), granted to Marka Group [ver recuadro].
The withdrawals were made until December 2, that is, until five days before Castillo Terrones carried out a coup on national television.
(Photo: The Trade)
According to the ruling ordering the preliminary arrest of Goray and the journalist Mauricio Fernandini, to which El Comercio agreed, the businesswoman managed to carry out the withdrawals “with the participation” of Ítalo Arbulú Ortega, general manager of Marka Group, and Luz Delfina Mayhua Elguera, head of the FMV Real Estate Project Structuring Department.
Mayhua Elguera – according to the statement of effective collaborator No. 09-2023 – was one of the characters that the businesswoman placed in the background.
“Goray decided, at that moment [octubre de 2021] if people stay in the position or be fired, or if people who were in the second line can be promoted to the front line to support Marka Group, among them was a person named Luz Mayhua who had previously worked with Sada Goray and she trusted him,” he said.
“Then Sada Goray intended and ordered that this official be promoted in office so that they can support them,” he added.
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The businesswoman has been serving a preliminary arrest warrant since last Friday. She is being investigated for the alleged crimes of criminal organization, aggravated influence peddling and bribery.
(Photo: GEC Archive)
Mayhua’s emails
At the end of May 2022, Gonzalo Sanjinez Mena, an executive of the Marka Group, informed Mayhua Elguera, via email, that from that month they would change the trust accounts to the BBVA bank “because they offer us a remuneration”.
“Reviewing the contract, it is identified that these remuneration flows are not compromised. In this sense, we could dispose of them with an instruction to the trustee, specifying the dates of the transaction and that only what corresponds to the interest generated be transferred, ”he stressed in the email.
Also read: Sada Goray: Who is the key character that you placed as a supervisor in MiVivienda?
In response, the public official pointed out that in the FMV “we only authorize disbursements for work progress and issues related to the project itself.”
“Since the flows that were disbursed for the development of the project are not compromised, it would not be in our functions to approve these releases, I recommend coordinating with the trustee what is requested to see if the release is feasible,” he added.
Arbulú Ortega sent the position of the head of the Department of Real Estate Project Structuring of the FMV to Marco Puppo Cabrera, from Corfid, a company that is dedicated to supervising trust funds, with the aim of knowing his opinion.
Puppo Cabrera indicated to the general manager of Marka Group that they will be able to dispose of the interest as long as the FMV notifies them by email.
On June 10, 2022, Mayhua Elguera replied to Puppo Cabrera the following: “According to what is stated in the trust contract, the interests are not part of the trust property.”
(Photo: The Trade)
With this, the public official gave, in practice, the green light for Goray, through his holding company, to access interest generated with state money.
From July 12, 2022 to December 2 of that year, the different Goray companies made 22 interest withdrawals for five projects that they had in the MiVivienda Fund for S/2’791,669.
For the Public Ministry, this act “would have caused a serious patrimonial fraud to the State.”
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At the beginning of last June, this newspaper reported on the role that Mayhua Elguera played as supervisor of Trusts in the sessions of the FMV Risk Committee.
According to a technical report from the anti-corruption prosecutor’s office, the official was decisive in selecting Define Servicios SAC as the “supervising company for the projects” where the Marka Group companies were irregularly favored.
Mayhua Elguera worked from June 2014 to June 2021 as head of the Real Estate Area of the Define Servicios SAC firm.
Mayhua Elguera said that she was not in charge of approving the trusts in favor of the Marka Group projects. She added that this task falls to the FMV board. (Photo: Facebook)
The legal defense of the State warned that Mayhua violated article 12 of the Code of Ethics and Conduct of the MiVivienda Fund, “since she did not refrain from participating in processes where her former employer benefited by having maintained a previous relationship of subordination in a period less than 12 months”.
They also refer that the actions of the architect collided with article 13 of the same code, as there is a conflict of interest, so that “all acts related to her selection as supervisor of Trusts” are “null” and makes “everything paid” as his salary until May 26, 2022 “is considered economic damage to the State.” This amounts to S/252,388.41.
Also read: Sada Goray and Mauricio Fernandini: the reasons for the preliminary arrest warrant
This newspaper tried to communicate with Mayhua Elguera, in order to consult him about the emails he exchanged with representatives of the Goray company. However, he did not respond to our calls.
However, through a notarized letter sent to El Comercio a few weeks ago, Mayhua Elguera said that she was not in charge of approving the trusts in favor of the Marka Group projects. She added that this task falls to the FMV board.
He also indicated that he fulfilled his duties “without directly or indirectly affecting the interests of my employer [el Fondo MiVivienda]”.
He denied that it had generated “some type of favour” to the company Define Servicios SAC.
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