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Primus Case: Supreme Court accepts appeal for protection from former general manager and annuls arrest order

The Supreme Court accepted the appeal for protection filed by the former general manager of Primus Capital, Francisco Coeymans, detained since April 12 in the city of Pucalpa, Peru. This after he did not appear at the formalization hearing before the 4th Guarantee Court of Santiago in which the Public Ministry would inform him that he was being investigated for the alleged crimes of fraud, misappropriation, unfaithful administration, falsehood and money laundering. , committed between January 2019 and June 2023. In addition, espionage and illicit access to computer systems.

The former executive presented a medical certificate issued by a Peruvian doctor in which he was ordered to rest and isolate for seven days due to being infected with Covid. However, Judge Mariana Leyton of the 4th Guarantee Court of Santiago reduced the credibility of said document and issued an international arrest warrant against her.

The ruling by the country’s highest court revokes the April 22 ruling of the Santiago Court of Appeals, which had dismissed the former executive’s claim. On that occasion, the ruling of the Fifth Chamber of the appeal court – made up of Minister Elsa Barrientos, Minister Alejandro Aguilar and lawyer Catalina Infante – ruled out acting arbitrarily in the decision that ordered the arrest of the accused who is currently in Peru. .

However, this time, the Supreme Court concluded that “since it was established in the hearing held on April 3 that the accused Coeymans was in Peru, that is, his absence was proven, it was appropriate to request the application of the extradition procedure.” passive, especially requesting the Public Prosecutor’s Office to formalize the investigation in absentia, and at that hearing there must be debate on the concurrence of the requirements of article 140 of the Criminal Procedure Code, to declare its origin as well as precautionary measures, which did not happen, The guarantee judge was limited to issuing an arrest warrant in accordance with article 127, paragraph 1 of the same legal body, in a case that was not appropriate, since the legal system establishes a different procedure.

Those familiar with the case told this media that “the Supreme Court ruling does not alter the preventive detention ordered in Peru with respect to Francisco Coeymans, since it is the Peruvian Courts that decreed his prior detention pending the extradition request. This extradition will be requested tomorrow at the formalization hearing in the absence set for Francisco Coeymans.”

“Given that the appealed court decreed the arrest of the protected person, based on his failure to appear at the hearing to formalize the investigation, in accordance with article 127, paragraph 1, of the Criminal Procedure Code, despite having verified that he was absent, that is , outside the country, without considering that the rules established in articles 431 et seq. of the aforementioned code were applicable, which refer precisely to the situation in which the protected person found himself, the action of the guarantee judge in an illegal procedure becomes “, stated the sentence.

The ruling counted the votes in favor of against the requirement of the substitute minister Juan Manuel Muñoz and the member lawyer Juan Carlos Ferrada. While the ministers Manuel Antonio Valderrama, Jean Pierre Matus and the member lawyer Eduardo Nelson Gandulfo were in favor of accepting Coeymans’ request.

The ruling is Francisco Coeymans’ first victory since the legal dispute began. After not appearing at the formalization hearing, his legal team headed by lawyer Juan Domingo Acosta, resigned from continuing with legal sponsorship, and today his defense is led by lawyers Manuel Guerra and Mario Vargas.

On the other hand, this Friday the formalization hearing is scheduled for the four defendants in the case: the lawyer Antonio Guzman; he former commercial factoring managerIgnacio Amenábar, and the kitchen technician Marcelo Rivadeneira, who appeared at the procedure for the alleged crimes of fraud, unfair administration, malicious use of a false private commercial instrument and “money laundering” committed between January 2019 and June 2023.

This case began in March 2023, when Primus Capital carried out a random check cashing, in line with your annual audit plan. On that occasion, the company’s internal auditor detected the existence of 123 allegedly false checks, valued at $5.6 billion, so the board of directors decided to suspend Coeymans and Amenábar.

On April 17, They both said goodbye and the company requested an external and independent review of the documents by a documentology expert. It then hired the services of the international auditor KPMG to prepare a forensic audit report; an analysis of the facts identified by the company’s board of directors in its current portfolio of factoring placementsand other financial services, both its clients, operations and responsibilities.

According to the criminal complaint, with “KPMG’s preliminary forensic report, it has been possible to discover a fraud scheme led by former executive director Francisco José Coeymans and the former commercial director Ignacio Amenábarwith the intervention of other authors and accomplices, to the detriment of the company.”

To date, the alleged fraud is investigated by the prosecutor of the Eastern Metropolitan Prosecutor’s Office, Felipe Sepúlveda. This, after the company filed a complaint for the crimes of fraud, misappropriation, unfaithful administration, falsehood and money laundering. “Currently the company, through its shareholders, has had to deposit funds for a little more than US$ 120 million to face the negative effects of the fraud scheme of which it has been a victim,” the lawsuit stated.

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