Defense policy in the United States will be able to review the evidence against him

Defense policy in the United States will be able to review the evidence against him

An expert on corruption in the United States, Belen Enriquez, tells PRIMICIAS that Carlos Polit’s guilty plea is not final. The trial of the former observer could be scheduled for the end of 2022.

On May 27, 2022, the former Comptroller Carlos Polit has pleaded not guilty Six counts of money laundering.

Politt is facing legal action in the United States for laundering money he received in exchange for bribes in Ecuador.

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Belen Enriquezan Ecuadorean living in the United States since 2004, works as a prison counsel and legal assistant at Law firm Paul D. Petrol.

Enriquez FCPA Specialist He worked on several corruption cases originating in Ecuador.

In an interview with PRIMICIAS, Enriquez analyzes what will happen in the Politt case after the former Ecuadorean comptroller’s patent was declared.

Practically, what does Carlos Politt’s declaration of not guilty mean?

This means that the evidence was not handed over to the accused in the first place. You cannot plead guilty to something you did not see.

Why was the May 27 session?

To inform the court that Mr. Bullitt was permanently represented by the three attorneys who initially accompanied him to the bail hearing and when the first hearing was held after his arrest.

And third, then The court orders the surrender of evidence to the defence.

I mean, this plea of ​​innocence isn’t definitive?

He simply pleads not guilty, but that could change.

It does not mean that he will plead guilty to all charges, because according to the weight of the evidence, He can decide whether he wants to appear in court or settle To plead guilty to some charges.

How is the process of handing over evidence to Polit? How long can it take?

According to the rules of the region, Before the Prosecutor’s Office about 14 daysof reciting the charges, which was on May 27, to hand over evidence.

Sometimes tests are not delivered all at once. Depending on the size of the directory, there may be several orders and they are usually in digital form.

Is this done by direct delivery between the prosecution and the defendant’s lawyer, or through the court?

No, the court is a neutral entity and has nothing to do with the evidence. The Public Prosecutor’s Office delivers the materials directly to the attorneys.

That is, these documents were not made public at this stage?

No, it is not public.

potential deal

Since the attorney general’s office is handing over evidence to the defendants, can they discuss the agreement?

maybe We’re already talking about it an agreement. But these are private conversations, they are conversations between lawyers and prosecutors, and the court does not interfere.

What can be negotiated in a potential agreement?

Well first you have to negotiate the fees because by agreement there have to be certain benefits.

then, The Public Prosecutor’s Office offers some advantages to the accused in exchange for not going to trialas well as preserving judicial resources, because the trial is very complex.

If so, you may be able to plead guilty to some charges and you may not have to give up certain properties or you may not have to pay a fine.

Doesn’t agreement necessarily mean that Bullitt is cooperating?

no, There are agreements with and without cooperation. Obviously, in relation to a sentence, a co-operation agreement is more useful because it means lower judgment guidelines.

Therefore, if there is cooperation, the attorney general or the government can make a motion before sentencing, informing them that the person has cooperated and, at the same time, giving them a reward that translates into fewer months in prison.

How much discount rate is there for cooperation?

This is subjective, and the government usually makes a recommendation. Sometimes the standard reduction is 33% of what was calculated in the judgment channels.

But that will be seen laterbecause defense attorneys often fight for more.

Will a potential agreement be known 14 days after evidence is presented?

Not necessarily, sometimes agreements take several months because you also have to see the side consequences, it could be jail time or fines.

There is no set deadline?

There is no set deadline, but I think it will be in three or four months. The judge in the case is very flexible.

Therefore, if the parties inform the court that they are in settlement talks, they are usually allowed to negotiate for a reasonable period of time.

Before the end of the year it will be known whether Mr. Bullitt wants to appear in court or reach an agreement. As long as the evidence allows you to decide.

Belen Enriquez.

possible trial

How long can the trial take?

The trial depends on several factors, such as the number of witnesses the prosecution, or the defense, will attend. It’s too early to say while not everything has been reviewed.

Do these types of trials take place before a jury?

Yes, it is a 12-person jury and alternates, in case the main jury needs to be replaced.

The role of the jury is to analyze all the evidence presented and Deciding whether a person is guilty of the charges against himgiven the evidence.

And with this announcement from the jury, the judge makes the final decision?

The decision whether a person is guilty or not is up to the jury, but the final verdict is up to the judge.

Punishment is dictated based on sentencing guidelines and recommendations made by the Office of Probation, a subordination part of the US judicial system.

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