The representative of the Movimiento Victoria Ciudadana (MVC), Mariana Nogales Molinelli, scored a victory in the Court of First Instance of San Juan after Judge Iraida Rodríguez Castro ruled “No Place”, the complaints against the attorney for an. alleged tax evasion and fraud proposed by the Public Ministry.
However, the judge found the case of articles 212 and 269 of the Penal Code with respect to the 2020 financial reports, where the evidence shows that it is possible to have a smaller amount of income than reported and also for Nogales Molinelli’s undisclosed participation. the family president and treasurer of the university.
On the other hand, the judge dismissed all the complaints from the prosecutors of the Panel of the Principal Independent Prosecutor (PFEI) against the representative’s mother, Rita Molinelli Freytes and the family corporation Ocean Front Villas Corp, in Palmas del Mar. in Humacao.
José Andreu Fuentes, the Patron of Molinelli Nogales, asked the court to honor the right of the ambassador to private bail and not through the Office of the Pretrial Office (OSAJ). Likewise, the attorney’s attorney also asked the judge to issue a bond with Nogales Molinelli, as an official, who does not represent a risk of evasion of the trial.
In a hearing that seemed more like a full court hearing than a Rule 6 criminal hearing, PFEI failed to present robust evidence that would show beyond a reasonable doubt that the representative maintained a tax evasion and fraud account with the parent family using the corporation. like a cover
According to the theory of the PFEI, the representative, in coordination and collusion with Molinelli Freytes, could not include in his tax returns and in the financial report to the Office of Government Ethics (OEG) the two properties of Palmas del Mar from which he benefited. financially for a short period of time.
According to PFEI testimony, Jossian Serrano had indicated that the representative allegedly failed to report a total of $299,930.91 from the treasury, while Molinelli Freytes failed to report $939,797.32. Similarly, Ocean Front Villas Corp had to report $1,429,676.
“$1,419,377 was left unpaid to the government with contributions and penalties applied,” Serrano said in his testimony.
“What I can see is an example where all income has not been reported for five years… It appears consecutively (and no income was reported) for three defendants,” he said.
However, the defense was able to demonstrate that the two properties had a usufruct agreement between Nogales Molinelli and Molinelli Freytes and that the Ocean Front Beach Villas company was owned solely by the mother’s representative. However, the lawyers did not prove that there was no evidence to acquit the official of violating two articles of the Penal Code.
in economic terms
In front of the DH investigator who testified for the PFEI sat on the bench, the defense lawyers tried unsuccessfully to stop the press, under the pretext that the personal information of taxpayers protected by the Taxation Code was published. TAXES.
Rodríguez Judge Castro did not raise opposition.
However, the evidence presented by the prosecutors for several accounts of the financial affairs representing the Movimiento Victoria Ciudadana (MVC).
The two Nogales Molinelli properties that are in dispute, Villa Crescent Cove #59 and Villa Beach #144, are both properties within an exclusive complex located in Humacao, Palmas del Mar.
According to prosecutors, Villa Crescent Cove was acquired at a price of $410,000 on April 10, 2003, when the representative was still a university student, due to a mortgage loan matching with the Banco Popular de Puerto Rico for $250,000 from the representative’s mother and $160,000 from the then-study’s own savings.
While Beach Villa was purchased for $274,000 on June 30, 2004 through another mortgage loan with the same financial institution.
Both properties are based on long-standing evidence, however, the nature of Ocean Front Village’s home business.
Also, during the heated examination of one of the defense witnesses, the PFEI prosecutors produced a check for $70,000 that was issued by Molinelli Freytes through his company to buy a property from one of the children’s representatives. The defense expert, Ángel Marzán Santiago, former president of the Public Committee of the Puerto Rico CPA College, admitted in court that he was brought to DH, but he was not.
One of the first to act at the discretion of the judge was the electoral coordinator Citizen Victory Movement (MVC)Manuel Natal Albelo, who claimed that both the community and the representative of Nogales were “vindicated”.
“Today, both Mariana Nogales representative, and the theme Citizen Victory Movementvindicated by those who are tired of the corrupt bipartisanship and those who use the government for profit,” said Twitter.