Haitian Senatorial Commission recommends corruption and embezzlement charges against two former prime ministers, a string of ministers and managers of private firms

Posted by Le Nouvelliste on Saturday, November 11, 2017 Under: Corruptions
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The Special Senate Committee of Inquiry (CSSE) chaired by Senator Evalière Beauplan, in charge of deepening the report of the Committee on Ethics and Anti-corruption led by Senator Youri Latortue, recommended that public action be put in motion against : the former Minister of the CTTC, Jacques GABRIEL for forfeiture, misappropriation and misappropriation or dissipation of public funds, facts provided for and punishable by Articles 127 and 128, 135 and 340 of the Criminal Code and in accordance with Articles 5.5, 5.8, 5.9, 5.10, 5.12 of the law of 12 March 2014 on the prevention and repression of corruption; the former Directors General of BMPAD: Michael LECORPS and Eustache ST-LOT for forfeiture, misappropriation and misappropriation or dissipation of public funds, facts provided for and punishable by Articles 127 and 128, 135 and 340 of the Criminal Code and in accordance with Articles 5.5, 5.8, 5.9, 5.10, 5.12 of the law of 12 March 2014 on the prevention and repression of corruption; the former Prime Minister and Minister of Planning and External Cooperation Jean Max BELLERIVE, for forfeiture, misappropriation, misappropriation of public funds, facts provided for and punishable by Articles 127, 128, 135 and 340 of the Criminal Code, and in accordance Articles 5.5.5.8.5.9.5.10.5.12 of the Law of 12 March 2014 on preventing and combating corruption; against the members of the bidding committee, who are: Hervé DAY, Michel CONTENT and Lionel GRAND PIERRE, for forfeiture, misdemeanor of public servants, corruption and misappropriation, facts provided for and punishable under Articles 127, 128, 136, 137 and 135 of the Penal Code as well as the provisions of Articles 5.5, 5.8, 5.9, 5.10, 5.12 of the Law of 12 March 2014 on preventing and combating corruption; Hebert DOCTOR, former Minister of Agriculture for theft of title under Articles 217 and 218 of the Haitian Penal Code; Laurent Salvador LAMOTHE, former Prime Minister and Minister of Planning and External Cooperation, for forfeiture, extortion, misappropriation of public funds and evasion of public funds, facts provided for and punishable under Articles 127, 128, 135, 340 and 130 of the criminal code, and in accordance with articles 5.5, 5.8, 5.9, 5.10, 5.12 of the Law of 12 March 2014 on the prevention and repression of corruption; Josefa GAUTHIER, for misconduct, embezzlement, misappropriation of public funds, facts provided for and punishable by articles 127, 128, 135 and 340 of the Penal Code, and in accordance with articles 5.5, 5.8, 5.9, 5.10, 5.12 of the law of 12 March 2014 on preventing and combating corruption; Jacques ROUSSEAU, for misconduct, misappropriation, embezzlement or dissipation of public funds, facts provided for and punishable by articles 127, 128, 135 and 340 of the penal code, and in accordance with articles 5.5, 5.8, 5.9, 5.10, 5.12 of the law of March 12, 2014 relating to prevention and repression of corruption; Marie Carmelle JEAN MARIE, former Minister of Finance for misappropriation or dissipation of public funds pursuant to Article 340 of the Criminal Code and in accordance with the provisions of Articles 5.5, 5.8, 5.9, 5.10, 5.12 of the Law of 12 March 2014 on prevention and repression of corruption, Wilson LALEAU, former Minister of Finance, for embezzlement or dissipation of public funds in accordance with Article 340 of the Criminal Code and in accordance with the provisions of Articles 5.5, 5.8, 5.9, 5.10, 5.12 of the law of 12 March 2014 on prevention and repression of corruption; Florence Guillaume DUPERVAL, former Minister of Public Health for misconduct, extortion, misappropriation of public funds, evasion of public funds, facts provided for and punishable by Articles 127, 128, 135, 340 and 130 of the Criminal Code, and in accordance with Articles 5.5, 5.8, 5.9, 5.10, 5.12 of the Law of 12 March 2014 on preventing and combating corruption; Stéphanie Balmir VILLEDROUIN, former Minister of Public Tourism for felonies, extortion, misappropriation of public funds, evasion of public funds, facts provided for and punishable by articles 127, 128, 135, 340 and 130 of the Criminal Code, and in accordance with articles 5.5, 5.8, 5.9, 5.10, 5.12 of the law of 12 March 2014 on prevention and repression of corruption; Yves Germain JOSEPH, former Minister of Planning for forfeiture, extortion, misappropriation or dissipation of public funds, evasion of public funds, facts provided for and punishable by articles 127, 128, 135, 340 and 130 of the Penal Code and in accordance with the provisions of Articles 5.5 , 5.8, 5.9, 5.10, 5.12 of the law of 12 March 2014 on the prevention and repression of corruption and 
Max Rudolph SAINT-ALBIN, for embezzlement or dissipation of public money in accordance with Article 340 of the Criminal Code and in accordance with the provisions of Articles 5.5, 5.8, 5.9, 5.10, 5.12 of the Law of 12 March 2014 on the prevention and repression of Corruption.


The commission also recommends putting public action in motion
against the managers of the following firms: J & J Construction & Co; ROFI S.A; IBT S.A, HADOM Constructora S.A. for fraud in accordance with the provisions of Article 337 of the Criminal Code, without prejudice to civil liability.

With regard to the firms mentioned below: ENSTRAP; MAXITECH S.A; LPG SOLAR LLC; ESOLAR HAITI SUNTECH SOLAR HAITI S.A .; ENERSA, BUROCAD; COMPHENER, GREEN SOLAR SPECIALIST, according to the information gathered by the commission during its field investigation, they benefited from contracts awarded by agreement for exorbitant amounts from an envelope of thirteen million US dollars segmented into parts. 

This has allowed the authorizing officers to violate public procurement regulations and thus be able to award contracts to companies chosen on the basis of patronage and nepotism. It should be noted that these operations were carried out outside the emergency period.

The Committee therefore recommends that the judicial authorities deepen the investigation with a view to establishing the responsibility of the managers of these firms.


The investigation, the report says, has clearly demonstrated in great detail that: the procurement rules have not been respected. In short, the law on public procurement has been systematically violated. Many selected firms were not eligible at the time of signing their contracts; the technical, legal and financial criteria were not respected in all cases; the interests of the state in the majority of cases have not been protected; the efficiency and timeliness of public spending are subject to serious doubts.
 
The application of standards relating to the law of finance has always been ruled out; the CNMP Certificate of No Objection in the majority of the contracts concluded with firms is not obtained;

The approval of the CSC / CA is sometimes mentioned in some contracts while in others it does not exist; some contracts do not have a signature date. A contract has even been signed with a deceased person.

Often eligibility documents do not comply; turnaround times are not always respected. Sometimes they are incomplete; late penalties are not levied; the 2% levies on behalf of the DGI are not indicated or are sometimes made without any document certifying their payments or their actual restitution to the DGI; Material positive differences are found in the cost of one (1) KM of road between two contractors operating in the same sector of activity for the same period and whose specificities are similar.


Some projects are executed with phase 2 mention in a second contract while the initial contract did not provide any additional work. Some contracts have riders exceeding the 30% threshold set by law. Some contracts mention road rehabilitation without specifying the number of kilometers to be rehabilitated; the number of kilometers of certain roads is less than that defined in the contract; evidence of overbilling is found in many projects; misuse of endorsements to initial contracts to disburse additional funds to cover fraud during procurement.

In addition, a large part of the projects financed by PETRO CARIBE was considered as overcharged.
This bad practice has been set up with the aim of favoring payments of taxes, commissions and other unavowable benefits.

 It is a powerful indicator of corruption that has tainted the use of the PetroCaribe fund. Having no legal power or statutory provisions to access the accounts of the personalities responsible for these packages at both local and international banks, the commission earnestly hopes that justice will seize this aspect of the case by mobilizing all means that made available to it, including the mutual legal assistance of international partners in order to better understand the ins and outs of this file and to determine the responsibility of those who have committed crimes committed from the execution of the projects related to the PetroCaribe Fund.

The Committee believes that it is also appropriate to recommend to the Assembly of Senators to consider a resolution that was made by the Provisional Government of PRIVERT / JEAN-CHARLES, as part of the PetroCaribe fund.

With regard to the advances not levied for the benefit of the DGI, which account for an amount of more than two billion gourdes, which is a huge shortfall for the tax authorities, the commission recommends that the Haitian state through the DGI immediately claims this amount, without prejudice to criminal proceedings against the responsible persons, in accordance with the law.


Based on the foregoing considerations, the ESSC believes it can declare that the PetroCaribe Fund has been subject to misappropriation, embezzlement and misappropriation by those indexed in this report.

The specific cases that have caught the attention of the Commissioners and for which the Committee is particularly attracting attention revolve around the following topics:

1- The mandatory deductions of the 2% down payment to the DGI, in almost all cases, have not been made

2- All Dominican firms and some Haitian firms were not eligible at the time of signing the contracts.

3- The road of Cerca Cavajal: The number of km of the road is lower than that defined in the contract. It actually measures 10.5 km while the Ministry of Planning and External Cooperation paid for 17 km.

4- The place Hugo Chavez: the contract has undergone two riders totaling 30% of the project. A second contract called Phase II was signed with the same firm by Yves Germain JOSEPH, Minister of Planning at that time, without any additional work being planned in the initial contract.

5- Rehabilitation / construction works of the Lafiteau milling road (7 km), which amounted to US $ 391.175, made by HL Construction were overcharged. The cost of the km is therefore US 1,484, while the cost of one kilometer from another firm operating in the same sector of activity for the same period and whose specificities of work are similar is estimated at US $ 995; hence a difference of US $ 489 per km.

6- The amendments to the contracts relating to the construction of the road connecting the Acul Bay to Barrière Battant crossroads have exceeded the threshold provided for by law. They arrived up to 82% of the initial cost of the project. They are signed by Jacques ROUSSEAU, Minister of TPTC.

7- The Fontamara market: The amount disbursed for the construction of this market is much higher than the progress of the works.

8- The firm J & J Construction which signed contracts with masters of works was dissolved even before the signature of these contracts.

9- The signing of a contract between the MSPP and a deceased person.

10- Direct intervention of some finance ministers to the BMPAD fund including Wilson LALEAU, to make disbursements without any resolution in the Council of Ministers.

11- Directors General of BMPAD: Eustache St-Lot and Michael LECORP proceeded to disbursements from the PetroCaribe fund without any prior resolution.

12- Ministries, such as those of Tourism, Population Public Health have not been able to produce supporting documents for disbursements of sizeable sums under the management of Mrs. Stephanie B. VILLEDROUIN and Mrs. Florence G. DUPERVAL, according to this report officially filed and not yet signed.

Present and absent from the in-depth report ...

The former Minister of the Economy and Finance, Daniel Dorsainvil, pinned in Youri Latortue's report for embezzlement of public funds is not in the report of the CSSE. Harold Elie and Nonie Mathieu, former CSC / CA presidents accused of serious misconduct in the performance of their duties for approval of illegal contracts, are also not in this report.

 Conversely, the former Minister of Tourism, Stephanie Balmir Villedrouin, Max Rudolph St-Albin appear in the comprehensive investigation report.

The former Minister of Economy and Finance, Wilson Laleau, is currently the chief of staff of President Jovenel Moise and the former Minister of Planning Yves Germain Joseph is the Secretary General of the Presidency.

The commission has worked on thirteen resolutions that concern it for the period from September 2008 to September 2016.

The report will be presented and discussed in session on Tuesday, November 14, 2017. The newspaper has not yet collected comments from the personalities and firms pinned.

In : Corruptions 



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