The First Chamber of the Court of Appeals increased the sentence against José Luis Benito, former Minister of Communications, for the case of the Q122 million that were located in suitcases in a residence in Antigua Guatemala, judicial sources reported this Tuesday, April 16.
In principle, the High Risk Court D handed down a six-year sentence against Benito for the crime of conspiracy to commit the crime of laundering money or other assets, but since the former official adhered to the procedure for accepting charges, the sentence was reduced to two years, so the Public Ministry (MP) appealed the ruling.
According to the Prosecutor’s Office, by accepting the procedure for accepting charges, the court reduced the sentence to 2 years of commutable prison and imposed a fine of Q1 million 600 thousand; Furthermore, it details that, at the request of the Attorney General’s Office (PGN), he was ordered to pay decent reparation consisting of Q220 thousand.
However, this Wednesday the MP reported that “after the appeal presented by the Special Prosecutor’s Office Against Impunity before the High Risk Court group “D”, for the resolution in which the sentence was handed down on February 9, 2024, The First Chamber of the Court of Appeals of the Criminal Branch of High-Risk Processes and Asset Forfeiture decided to modify it and resolved as follows.”
“That Jose Luis Benito Ruiz is responsible for the degree of consummation of the crime of laundering money or other assets, committed to the detriment of the Public Administration of the State of Guatemala, and as a consequence of said criminal offense he is sentenced to six months. years of prison, which must be increased by a third, by virtue of having held the position of public official, that is, eight years of incommutable prison, with payment of the prison suffered,” the resolution says.
It adds that “a fine is imposed on the accused José Luis Benito Ruiz, with the sum seized reduced by one third. As for the other paragraphs, they remain in force and as for the second resolution that came in grade, it remains without any effect due to the considerations invoked.”
The MP adds that, “the partial appeal filed by the Public Ministry through the FECI against the ruling dated February 9, 2024, and the rectification dated February 15 of the year is unanimously accepted.” 2024 issued reciprocally by the judge of the High Risk Court, Group “D”, consequently, modifies the first resolution. Therefore, it declares José Luis Benito Ruiz, as the perpetrator responsible for the degree of consummation of the crime of laundering money or other assets.”
The Prosecutor’s Office details that as a consequence of said crime “he is sentenced to six years in prison, which must be increased by a third by virtue of having worked as a public official, so the sentence remains eight years in prison.” unchangeable. In addition, a fine is imposed on the amount seized, reduced by a third, being Q40 million.
Background
According to the background taken into account by the Court to change the crime, it is analyzed that: Benito was the owner of the seized money, that is, he had power over it, when it was determined that suitcase 10 had a label that was identified with the name of the former official, José Luis IB873829, which corresponds to the Iberia airline.
As investigated by MP, the airline explained that the label belongs to ticket IB 6342, registered in the name of José Luis Benito, who had a trip scheduled for November 12, 2018 heading to Madrid.
In addition, another ticket identified as IB6341 scheduled for November 19 of the same year to return to Guatemala. It was reported that he had purchased 7 tickets through a travel agency, which were paid in cash by Benito’s mother, identified as Astrid Pontzasa de Cruz.
Therefore, Sala warns that Benito did have a direct relationship with all the money, since there is a lease contract, as indicated by the MP, of the residence where the cash was located, which was made to Inmobiliaria Las Rocas, SA, property of José Ernesto Batres González, whom they identify as a direct friend of the former minister.
In said residence they located a router, registered in the name of Luis Augusto García Betancourt, who is a worker for Juan Gabriel Benito Cruz, brother of the former minister.
His relationship with two presidents
José Luis Benito was one of Jimmy Morales’ trusted men when he was president; he began his time in the Government as an advisor to the president.
Some time later he was appointed by Morales as Administrative Vice Minister of Communications, and then assumed ownership of the Ministry of Communications.
During his administration, the Chimaltenango bypass was built, which was described by Morales himself as a “mega project”, he projected that it cost more than Q500 million and that it is currently falling apart.
Benito’s good relationship with the then president in office made him position himself as one of the most important ministers, but his good political ties would have transcended the state administration of FCN Nación.
When Alejandro Giammattei was elected president and the transition process began, it was speculated that Benito would be the only minister to continue his position, but that rumor was dispelled just weeks before the Government took office.
The fact that Benito did not assume a government position did not prevent the rumors of affinity for Giammattei from giving up, on the contrary, a raid registered on October 14, 2020 in Antigua Guatemala further fueled speculation and he has even been accused of having financed part of his politic campaign.
The Special Prosecutor’s Office Against Impunity (Feci), still directed by Juan Francisco Sandoval, located 22 suitcases in a luxurious property that the then prosecutor presumed contained money from apparent bribes.
In total, the former Feci located Q122 million, shortly after the investigators revealed that the property was being rented by the former minister, and even one of the suitcases had his name, reported the former authorities of the Public Ministry (MP).
Suspicion was sufficient for the issuance of an arrest warrant for alleged money laundering. Benito fled until January 21, when he turned himself in to justice, after Sandoval and other prosecutors left the MP.
What happened with the money?
After the raid carried out in Antigua Guatemala that left the location of Q122 million, the money faced a process of forfeiture of ownership, which ended up leaving the millionaire sum to the public administration.
No person or entity appeared before the specialized court to claim the money, so it was delivered to the State and finally Q121.6 million were distributed among different institutions, according to data from the National Secretariat of Assets in Forfeiture (Senabed). .
- Judicial Agency: Q30,407,577.03
- Public Ministry: Q32,434,748.84
- Ministry of the Interior: Q30,002,142.57
- Ministry of Defense: Q8,108,687.21
- Attorney General’s Office: Q 2,432,606.16
- Senabed: Q18,244,546.22
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