The Public Ministry (MP) presented a challenge against Judge Mario Hichos Bracamonte, of the Second Pluripersonal Court of First Criminal Instance, and requested that he be separated from the process related to the investigation for the alleged subtraction of Q20 million from the National Mortgage Credit (CHN).
This action was presented nine days after Hichos released the alleged leader of the criminal structure accused of embezzling from the state bank, Pedro Alejandro Duque Soto.
In the document, the MP requests that the challenge be admitted and subsequently heard by a jurisdictional chamber.
According to the memorial, the request was made based on the grounds provided for in article 123, literal d, of the Judicial Branch Law. The MP maintains that the measure seeks to guarantee due process and impartiality that must prevail in judicial proceedings.
As part of the process, Hichos must decide whether or not to accept the challenge. Subsequently, the file will be sent to the corresponding chamber, which will decide whether or not the judge continues to handle the case, which remains confidential.
Hearings under questioning by the MP
According to the MP, Duque’s defense sought to hold a preliminary hearing, in which it would be discussed whether the bank should take action against the 57 people linked to the investigated credits.
According to the approach of the investigating entity, this argument does not fit into the procedural situation of Pedro Duque, the main person identified in the investigation for the alleged theft of funds from the CHN.
Furthermore, the MP considers that there is a risk that, as long as Hichos continues to know the file, hearings will be held that could lead to more procedural benefits for Duque or other defendants.
Resolution in favor of Duque
On June 10, Judge Mario Hichos granted substitute measures to Pedro Alejandro Duque Soto, named by the MP in an investigation related to the alleged theft of Q20 million from the state bank.
Among the measures imposed are house arrest, telematic monitoring, prohibition of leaving the country without judicial authorization and the payment of a financial bond equivalent to 1% of the amount allegedly defrauded.
During this procedure, the MP, the Attorney General’s Office and the National Mortgage Credit opposed the modification of the coercive measure and requested that Duque remain in preventive detention. After hearing the resolution, the MP announced that he would appeal the court decision.
Research for Q20 million
Pedro Duque remains linked to criminal proceedings for the crimes of continued personal fraud, laundering of money or other assets and illicit association.
According to the investigation by the Prosecutor’s Office against Organized Crime, a structure would have used irregular financial mechanisms to obtain resources from the National Mortgage Credit.
The investigation maintains that between January and March 2024, loans of up to Q400,000 were approved to people who, according to the Public Ministry, did not meet the economic requirements to access those amounts.
The case also reached the then president of Congress, Nery Ramos, after the MP investigated an armored truck valued at US$85 thousand that he supposedly used.
The Organized Crime Prosecutor’s Office maintains that the company Crown & Lion, linked to Duque, would have acquired high-end vehicles without adequate financial support.
A report by Vox Populi indicated that the armored truck used by Ramos would belong to Pedro Duque. However, the deputy rejected any irregular link with the case and stated that he was the subject of a smear campaign.
Those accused in the CHN case who are in prison
- Ana Gabriela Morales Ávilaby continuous self-fraud, laundering of money or other assets, illicit association and use of falsified documents.
- Maria Fernanda Segura She is investigated for alleged personal fraud, money laundering and illicit association.
- William Rocael López Triguerosis linked to proceedings for the crimes of continued personal fraud, money laundering, illicit association and use of falsified documents.
Defendants under house arrest
- Luis Fernando Felaez Guerra and Gustavo Adolfo Varela Martínez, for abuse of authority.
- Pedro Luis Guamuche García faces criminal proceedings for continued fraud, abuse of authority and illicit association. María Fernanda Segura was linked to proceedings for the same crimes.
- Alex Omar Solís Salguero was linked to proceedings for embezzlement for continuous theft, continuous personal fraud and illicit association.
- Silvia Sánchez Ochoa was linked to proceedings for illicit association and continued fraud.
- Erick Fernando Arévalo is investigated for illicit association, abuse of authority and continued fraud.
- Sofía del Carmen Lam is investigated for abuse of authority and obtained a lack of merit for the crimes of illicit association and personal fraud.
a fugitive
In addition, there is an outstanding arrest warrant against Sven Resenhoeft Greenberg, former general manager of the CHN, who remains a fugitive.