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Deputy Assistant Attorney General, Jorge Fernando Perdomo said that in the investigation related to the Dian refunds Cartel, another 150 people will be prosecuted. They would have participated in the fraud, in cities such as: Bogotá, Medellín, Barranquilla, Santa Marta, Pereira, Cúcuta, Cartagena, Ibagué and Manizales.
The above mentioned authority explained that the development of this investigation has gone from two initially involved people to the discovery of large frauds to the State. Currently, 27 criminal investigations are being carried out due to facts in which former officials of that entity appropriated VAT money by creating front companies such as R & B Consultores, Fundalcert, Fundecol, Metales Medellin, Comercializadora Almetal, Javijan, Maometales, Samuel Metales, Comercializadora WFR, Metales Leo and Excedentes LCM.
Their modus operandi was to deal with scrap metal in which a provider company had to generate VAT for the goods sold to another one who, for its part, had to use an international trading company in order to carry out fictitious exports. Regulations indicate that, as a tax incentive, there must be a tax collect devolution on sales at the time of selling abroad.
The trading company had to issue a certificate for the provider company called CP, so that, the last one, would claim the VAT back at DIAN, by using false documents. “We could identify this modus operandi to carry out fraud”, said Perdomo.
DIAN, in the first phase, carried out VAT refunds for an amount of 112 thousand million pesos. This money was distributed by Blanca Jazmín Becerra, head of the Organization already sentenced to 26 years in prison, between the legal representatives, the statutory auditor and accountants of that entity.
Including first and second stage of the investigation, there is a total of 42 prosecuted people for the crimes of money laundering, use of false documents, procedural fraud, embezzlement by appropriation, and aggravated fraud.
On April 8, it will be carried out a hearing in order to attribute charges and request a preventive detention measure against 6 people who are involved in the second stage of investigation. It has been established that other 30 thousand million pesos must be added to the embezzlement.
The Prosecutor´s Office is carrying out seven seizure of assets proceedings against the members of the criminal organization and he will request cautionary measures with regard to goods with a value of 34 thousand million pesos approximately.
Such decisions imply the seizure of assets of Blanca Jasmine Becerra, a former DIAN employee, also from his family, in the amount of 15 thousand million pesos; and those from José Aldemar Moncada, leader of fraud in Medellín, in the amount of 24 thousand million pesos.
on Monday, in the same case, the 32 Criminal Court of the Circuit of Bogotá reversed the order of release granted by a judge with supervisory functions to three of the involved people, among them, two DIAN employees and therefore, he ordered their arrest. “We require the action of judges so that, the fight against crime will be more efficient every day,” said Perdomo.
Among the results, it is important to highlight the sentences passed on 10 people and three convictions pending arraignment.
Rafael Merchán from the Secretariat of the Presidency, stressed that during this operation it was developed a coordinated work which allowed to obtain these results. Actions like this, involved the participation of tax and customs officers, Dijin, DIAN and the Secretariat.