Prosecution: 'Reinsurance was used to give an appearance of legality'; they ask to condemn Niño and dismiss Michelle Lasso

Prosecutor Ruth Morcillo concluded her presentation in the Odebrecht trial with a direct thesis: the use of insurance and reinsurance structures was key to concealing illicit money, for which she requested a guilty verdict against Juan Antonio Niño Pulgar and the dismissal of Michelle Lasso. 'It is reasonably foreseeable that he was within a retrocession reinsurance operation used solely to give an appearance of legality to the funds that were to enter,' stated the prosecutor. Morcillo explained that these operations were part of Odebrecht's clandestine financial machinery. 'The structured operations division… box 2… black box, as the Swiss authorities called it,' she specified. According to the prosecutor, the money was channeled through structures that simulated activities in the insurance market. 'The mechanism he used, which was reinsurance, was one of the typologies used to obtain resources for Odebrecht's box 2,' she affirmed. In this context, she pointed out that Juan Antonio Niño Pulgar had a central role in the scheme. 'Not only did he have the status of legal representative, but he was also the majority shareholder,' she indicated. She added that the accused maintained direct control of the accounts used in the operations. 'He had control of the accounts… he had the possibility to make and not only the possibility but he did make the transfers,' she expressed. The prosecutor also highlighted the signing of key documents within the scheme. 'He signed the documentation and the fictitious contract,' she maintained. Regarding the nature of the contracts, she was categorical. 'All the contracts used were fictitious,' she affirmed, based on the testimony of collaborators and witnesses. Morcillo emphasized that the banking and documentary evidence reinforces this conclusion. 'This is reinforced by the information gathered from Panamanian banks that show he had control of the accounts,' she pointed out. Additionally, she highlighted the support of international cooperation in the investigation. 'It was obtained… through the assistance of the Republic of Uruguay,' she indicated regarding the obtaining of evidence. She also mentioned testimonies that directly link the financial structures to Odebrecht. 'The company that managed those accounts was Odebrecht,' she cited during her presentation. Regarding the accused's knowledge, the prosecutor insisted that he cannot claim ignorance. 'He cannot distance himself… he is a banker… his activity is reinsurance… he has dominion over the accounts,' she argued. She added that his own statement places him within the scheme. 'The interrogatory statement… also places him in that knowledge,' she affirmed. As for the destination of the money, she explained that it was directed to societies linked to the illegal scheme. 'He made transfers to societies… that belonged to Odebrecht's box 2,' she indicated. Regarding the origin of the funds, she reiterated their illicit nature. 'They came from illicit activities such as international bribery… and activities related to embezzlement,' she maintained. And she made clear the purpose of the financial operations. 'With the object of disguising the source or illicit origin of the same,' she affirmed. During her closing argument, she also questioned the defense's evidence. 'The evidence… is not sufficient to distance him from this knowledge,' she pointed out. She even cast doubt on a presented expert opinion. 'At no time was any type of expert opinion carried out for this contradictory to be fulfilled,' she indicated. Consequently, she reiterated her request to the tribunal. 'The Public Ministry must request a guilty verdict sentence… in the capacity of author,' she manifested, citing article 254 of the Penal Code. Regarding Michelle Lasso, the prosecutor presented elements that documentally link her to societies of the scheme. 'She links Mrs. Michelle Lasso with the signing of documentation on behalf of the Poseidon society,' she explained. She also mentioned contracts detected in the investigation. 'There were custody contracts… for an amount of 400 thousand dollars,' she indicated. However, despite those elements, the prosecutor concluded that sufficient criminal responsibility was not proven. Therefore, she requested her dismissal. Regarding Jaime Lasso, the prosecutor indicated that his analysis is developed together with the traceability of the operations. 'The analysis proceeds… in a single string… in attention to the traceability,' she expressed. Finally, Morcillo reiterated that the financial scheme was not legitimate, but a simulation. 'It was an operation… used solely to give an appearance of legality to the funds,' she concluded. With this, the Public Ministry closed its closing argument, presenting its thesis: reinsurance was not a business, it was a disguise.