Further cracks in the Odebrecht case. A federal court has rejected a handful of key evidence against Emilio Lozoya, the former Pemex director around whom the entire Mexican branch of the Brazilian construction company’s mega-bribery scheme revolves. This is the banking information collected by prosecutors that shows Odebrecht’s payments of more than $10 million through a network of shell companies based in Switzerland to Lozoya and his relatives. The decision can still be appealed to the prosecutor’s office, but the former director of Pemex, who has been in prison for almost two years, is starting to see the path a little clearer after a different judge in late August heard the second trial against him for the agronitrogenados has discontinued case.
This week’s ruling confirms an initial court ruling in March that already deemed the tests illegal because they did not have prior court approval. This hearing marked the start of the trial after more than two years of delays in the investigation while the defense tried to reach an agreement with the Attorney General’s Office (FGR). Even then, the judge pointed out that prior court approval was required to access the bank data presented as evidence. The public prosecutor’s office put the international mutual legal assistance mechanism on the table, which gave it access to Swiss information. But it was not accepted then or now.
In particular, the judge did not admit the FGR’s evidence against Lozoya in connection with the Swiss Confederation’s banking information. Among other things, there is evidence of the million-dollar transfers that Odebrecht made through various offshore companies to the companies Latin America Asia Capital Holding and Zecapan SA controlled by Lozoya and his relatives.
After his high-profile arrest in Spain, the case remained stuck between extensions and delays for more than a year and a half, while Lozoya attended the trial in freedom thanks to a controversial agreement with prosecutors that made him a protected cooperating witness. The pact was increasingly shadowed by impunity and was dissolved two years ago after some controversial photos during a quiet dinner with friends at a luxury restaurant. The prosecution went on the attack and the former director of Pemex has been in prison ever since
Lozoya was charged with money laundering, criminal organization and bribery. His initial strategy was to provide hard evidence to incriminate the top members of the last PRI government, including former President Enrique Peña Nieto, whom he accused along with his right-hand man, former Finance Minister Luis Videgaray, of believing him to be the masterminds of corrupt conspiracy. The strength of the allegations has weakened over time due to a lack of conclusive evidence. Lozoya has thus become a major trophy in a case with strong political implications. This is a symbolic trial in Mexico’s fight against corruption and impunity.
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