The date for the appeal hearing will be set in the coming hours. With this decision, the case moves to a phase where the Prosecutor's Office must substantiate whether the increase in assets of nearly half a million dollars has a legitimate explanation or not.
Guarantees Judge Chris Silva decreed this Thursday the legalization of the apprehension, the formulation of charges, and the provisional detention of former Commissioner Javier Fanuco, investigated for the alleged crime of unjustified enrichment.
The decision was made minutes after hearing the arguments of the Anti-Corruption Prosecutor's Office and the defense. The judge concluded that there were risks of evidence destruction, flight danger, and economic risk, thus validating the detention request filed by the Public Ministry.
An asset imbalance
According to the Prosecutor's Office, the case originates from an audit report by the Comptroller General's Office, which reviewed the period from July 2014 to November 2017, when Fanuco served as Director of Operations of the National Police Transit.
The audit determined that the former commissioner was able to justify $1,092,000 with known sources, but had an additional increase of $496,000 whose origin he failed to substantiate.
This imbalance motivated the opening of the criminal process.
During the hearing, the Prosecutor's Office detailed multiple bank accounts, fixed-term deposits, mortgages, life insurance, vehicle insurance, and properties under Fanuco's name. It also pointed to the abrupt closure of some bank accounts, a move that, according to the Public Ministry, deserves to be investigated in the context of the asset increase.
The defense demands time and procedures
The former commissioner's defense did not oppose the charges but argued that they have maintained constant follow-up of the investigation and have presented documentation as it was requested. They argued that the unaccounted amount is due to bureaucratic procedures by banking entities, which have not delivered certain necessary documents on time to substantiate the origin of the funds.
They also indicated that the Comptroller's Office closed the audit without notifying them, which, they claimed, prevented them from providing all the information before the file reached the Public Ministry.
The defense insisted that they have a way to justify the questioned $496,000 and expect to obtain the missing documentation.
Reactions and next step
Fanuco remained in the hearing without speaking, listening to the judge's decisions.
In addition to the provisional detention, Silva ordered his removal from his position at the Agro-Marketing Institute (IMA), where he currently worked.
The defense announced that they will appeal the precautionary measure imposed.
