September 26, 2018
My answer to the lawyer Néstor Humberto Martínez
By GONZALO GUILLÉN
Néstor Humberto Martínez Neira, the lawyer of the Aval Group that currently occupies the Attorney General's Office of Colombia temporarily, is not the first crafty bureaucrat trying to intimidate me and confuse me.
This Tuesday, September 25, I published in www.lanuevaprensa.com.co and in www.hispanopost.com an investigation about assets and funds in Spain that he hides from the Colombian tax authorities (see here or here).
Forced by international public opinion, Martínez Neira sent me a letter with letterhead from the Attorney General's Office to refer to strictly personal matters of him. I do not know what crime that is, but it is an abuse of authority, at least.
Point by Point, I answer here that letter, full of fallacies, lies and slander:
1. "I regret that the communications director of this entity had not reported yesterday about his request [mine] that I would have attended immediately." The Attorney General refers to a message I sent him with five questions so that, if he had one, he would answer them, but he did not. These are five:
I. What is your relationship with the firm Amanda Advisors S.A, registered in Panama and then registered in Spain?
II. Have you or your family nucleus used services from the Panamanian law firm Rosas & Rosas?
III.In the affidavit of assets and income that you had to present when you assumed the Office of the Attorney General of the Nation included goods and companies abroad of which you are the owner, partner or real beneficiary?
IV.The assets owned by Amanda Advisors S.A. in Spain have they been reported to the Colombian tax authorities?
V. Where did the monies used by Amanda Advisors S.A. come from? with which it was acquired the fourth floor, left door, of the building located at number 17 of Ortega y Gasset street, in Madrid, Spain, and from where those used to cover the expenses inherent to the property and the use of that property?
2. "The Attorney General does not have hidden assets. No one who wants to hide an investment chooses Spain; there you can not hide the ownership of a property. According to the Law, in all cases the corresponding real beneficiary must be identified, who for this case is '... MR. NÉSTOR HUMBERTO MARTÍNEZ NEIRA', a Colombian national, with a passport of his nationality number PO048859, as stated in the documentation of the year 2014 that is in the possession of the competent authorities ".
My answer: Lie, Mr. Martinez. The one who hides property is you, not the Attorney General. Do not use the position of Attorney General of the Nation to settle a personal matter. This is a crime. His apartment in Madrid of Ortega y Gasset, 4th floor left door, is owned by the Panamanian paper firm Amanda Advisor S.A., as it has been tested over and over again in my research, with the official documentation of the case I exhibit and own.
3. "It is also false that the undersigned has foreign companies with bearer shares. In passing, the author of the article should know that they are prohibited in Panama under the law 47 of 2013. "
My answer: Lie and try to confuse, Mr. private attorney of the Aval Group Martínez Neira. In all the official records of Panama, including the deed registered in the Tenth Notary of the Circuit of Panama, it appears that its front company Amanda Advisors S.A. It has 10 thousand bearer shares of one dollar each. It is documented in my research and officially registered in Panama and Spain. If in 2013 Panama was banned from having companies with bearer shares, let us remember that yours was created in October 2007. It does not confuse me.
4. "It is also false that the undersigned has funds in Spain."
My answer: Lie, Mr. Martínez lawyer with innumerable private interests -derived from his professional practice- in cases he takes in the Attorney General's Office. His Panamanian undercover company Amanda Advisors SA, has bank accounts in Spain from which he covers the expenses inherent to the property and the use of his apartment on Ortega y Gasset street, which he hides from the Colombian tax authorities.
5. "In relation to our patrimony, forged by the professional practice of many years, the undersigned and its nuclear family comply fully with the tax provisions of Colombia."
My answer: I do not know, nor do I want to know, where your resources come from. What I do know is that your apartment, registered in Madrid in the name of Amanda Advisors SA, is not reported in Colombia and Amanda Advisors SA, either. If I lie, show the declaration of assets and income that you had to present when you were "superminister" of Juan Manuel Santos and the one you should have presented - unless you have violated the law - when you assumed the Attorney General's Office. As far as the first one is concerned, I can say without fear of being wrong that you did not present it. Show them.
6. "I do not know nor have I been a client of the firm Rosas & Rosas".
My answer: to another dog with that bone, Mr. lawyer. That signature of yours created and registered in the Panama tax haven Rosas & Rosas. How can you have nothing to do with that Panamanian firm - specializing, otherwise, as it is universally known, in laundering Odebrecht's black money, - if that was the one who created your paper company Amanda Advisors SA, of your property?
7. "As Attorney General I will not give in to the effort to reveal the corruption that eats the country. No form of conspiracy will stop me: neither the "chuzadas" (illegal wiretapping), nor the intimidatory calls, nor the publications sponsored in Colombia or abroad, nor the personal follow-ups - as it happened recently in Spain- ".
My answer: although it is not the subject of my investigation, I take the opportunity to point out that your commitment to corruption is, in my view, mediocre, selective, scandalous and sensationalist. For example, there is not a single person in prison of the Aval Group in the case of the outrageous corruption of Odebrecht, in which you are mentioned, incidentally, but you imprison and judicialize, generally without evidence, everyone who reminds you. The last case is that of my beloved and admired colleague María Jimena Duzán, with whom I am totally supportive of what she has said about you. Your liar and slanderous suggestion that I have you "illegal wiretapping", called you to intimidate or that my publication is sponsored, is the fruit of your twisted mind, like a shyster lawyer ("tinterillo"). The thief judges by his condition. I challenge you to prosecute me. You are not the first crafty bureaucrat who try to intimidate me. Go ahead and file criminal charges against me.
7. "In compliance with the Constitution and the Law, I request you to fully disseminate this response on your portal.".
My answer: It is disseminated here. What, as you will see, Mr. Martinez, does not mean that I share its terms or that you deny or that I correct a single word of my investigation.
8. "NÉSTOR HUMBERTO ARTÍNEZ NEIRA, Attorney General".
My answer: it is, unfortunately for Colombia, the only certain thing in your letter. I want to deplore that you do not understand that it is not the Attorney General's Office, but the public employee who holds the authority of that entity for four years, of which he already has two. And in this case, which deals with personal and private matters, it is an abuse that uses the position and resources of the entity to make this type of response.
I will continue publishing my investigation series on corruption and the empire of terror that eats the Attorney General's Office from its own head. And I'll take care of the apartments in Paris and New York. It's my job.