The defendants would have moved away from their public functions and obligations to participate collectively in decisions that significantly increased the original contract in their budget and ended up benefiting the concessionaire of which Odebrecht was a part.
Prosecutors from the Special Task Group for the Odebrecht case charged a group of former employees and a contractor of the National Infrastructure Agency (ANI), and an auditor for their alleged participation in irregular acts detected in four additions made to concession contract 001 of the January 14, 2010, whose purpose was the construction of section II of the Ruta del Sol.
Those investigated are:
- Camilo Mendoza Rozo, former Vice President of Contract Management and former Vice President of Planning, Risks and Environment.
- María Clara Garrido Garrido, former Administrative and Financial Vice President.
- Beatriz Eugenia Morales Vélez, former Vice President of Structuring.
- Yasmina del Carmen Corrales Paternina, former supervisor of the concession contract.
- José Andrés Torres Rodríguez, engineer in the Highway Projects area.
- Daniel Francisco Tenjo Suárez, former manager of Highway Projects.
- David Leonardo Montaño García, GGC2 expert.
- Alexandra Lozano Vergara, former Contract Management Manager.
- Francisco Javier Forero Lozano, former financial advisor (contractor).
- César Augusto Peñaloza Pabón, former project manager.
- Miguel Ángel Bettin Jaraba, former controller of the contract.
The Prosecutor’s Office charged these people, according to their role and possible participation in the facts investigated, for contract crimes without complying with legal requirements and undue interest in entering into contracts. The defendants did not accept the charges.
The evidence shows that they acted collectively and endorsed the studies of suitability, support, assessment and presentation of validation records of the additions No. 3 of July 15, 2013, which contracted the designs for the Ocaña – section. Gamarra; N°6 of March 14, 2014, which incorporated the Ocaña – Gamarra work and changed the form of payment; No. 7 of May 14, 2014, which also modified the form of payment in two parts; and No. 9 of December 4, 2015, which varied five aspects related to the disbursement of money.
For the Prosecutor’s Office, with these actions the former employees, contractor and former controller would have ignored the purpose of the original concession contract and allowed the inclusion of a new road that had no relationship or physical connection with the ‘Ruta del Sol II’ project. In this way, it seems, essential principles such as planning, transparency, objective selection, responsibility and economy were violated.
Additionally, 3,177 million pesos were allocated in favor of the contractor concessionaire, of which the Brazilian multinational Odebrecht was a part, for the studies and designs of the Ocaña – Gamarra work.
These monies were insured with future validity without the authorization of the Higher Council for Fiscal Policy (CONFIS) and the National Council for Economic and Social Policy (CONPES). Likewise, it is proven that damages were caused to the State, in the understanding that the original budget was increased and advances were made to provide cash flow to the concessionaire.
