The defendant must answer to charges of drug trafficking and money laundering along with the company W. Cuevas Auto Import
Santo Domingo.- At the request of the Public Prosecutor’s Office, a court issued an order to open a trial against councilman Walky Cuevas Charles and the business entity W. Cuevas Autoimport, after determining that the accusation presented against them for drug trafficking and money laundering is supported by legal, useful, relevant, and sufficient evidence to justify its consideration in a trial.
The decision of the Court of Instruction of San Pedro de Macorís recognizes the sufficiency of the indictment presented by the Specialized Prosecutor’s Office for Money Laundering and Terrorist Financing and maintains the precautionary measures imposed on the defendants’ assets.
The indictment was filed by Court Prosecutor Ramona Nova Cabrera, interim head of the Specialized Prosecutor’s Office for Money Laundering and Terrorist Financing, jointly with Prosecutor José Manuel Calzado and Court of Appeals Prosecutor General Pedro Medina Quezada. Prosecutor Luis Alberto García Hernández provided support to the Public Ministry team during the litigation of the preliminary hearing.
During the hearing, the Public Prosecutor’s team demonstrated the relevance of the indictment and requested that the testimonial, documentary, expert, procedural, material, financial, and digital evidence gathered during the investigation be admitted.
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The Public Prosecutor’s Office also requested that the accused be sent to trial and that the precautionary measures imposed on their assets be maintained, as ordered by Judge Andrea E. Corcino Cueto, of the Instruction Court of the Judicial District of San Pedro de Macorís.
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Court prosecutor Ramona Nova Cabrera valued the decision as a confirmation of the solidity of the work carried out by the Public Ministry team.
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“This decision recognizes that the indictment presented by the Public Prosecutor’s Office has sufficient evidence to be debated before the trial court. The process will allow for demonstrating, through evidence obtained in accordance with the law, the criminal responsibility attributed to the accused and to seek the corresponding sanctions and financial consequences,” stated Nova Cabrera.
The case
Last year, the Anti-Money Laundering Prosecutor’s Office and the San Pedro de Macorís Prosecutor’s Office filed a formal indictment against Cuevas Charles and the other members of the criminal network dedicated to drug trafficking and money laundering, led by the already convicted Yunior Santos Restrepo.
Along with Cuevas Charles, Pamela Astacio, Óscar Santana, Anibal Fiorentino Rondón, Moisés Francisco Astacio, and the legal entity W. Cuevas Auto Import were also charged.
Through various banking products, the main defendant placed, integrated, and layered, for the benefit of the criminal organization, the amount of two hundred sixty-four million eight hundred seventy-six thousand five hundred ninety-nine pesos and sixty cents (RD$264,876,599.60) and the sum of one million sixty-three thousand six hundred thirty-two dollars and fifty-nine cents (USD 1,063,632.59). The other members of the network acquired assets, converted the money into allegedly lawful assets, and participated in and organized drug trafficking activities.
On September 21, 2023, the ringleader of the network, Yunior Santos Restrepo, was arrested during a series of simultaneous raids carried out by the Public Prosecutor’s Office. In that operation, 93 packages of cocaine with a total weight of 96.72 kilograms, firearms, ammunition, cash, several luxury vehicles, documents, watches, jewelry, and electronic devices were seized, the analysis of which allowed for the establishment of direct links to members of his criminal organization.
Santos Restrepo was sentenced to 12 years in prison. As for his romantic partner, Yohan Altagracia Reyes Ruiz, she was sentenced to 5 years in prison and the forfeiture of all illicit assets was ordered, which included large sums of cash, high-end vehicles, firearms, jewelry, and expensive watches.
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Opening of trial against councilman and company
Upon weighing the accusation and the objections raised by the defense, Magistrate Corcino Cueto determined that the facts attributed to the accused were described and individualized in a clear and detailed manner, with an indication of their respective degrees of participation and the factual and legal grounds that support the charge.
The judge established that the evidence provided by the Public Prosecutor’s Office, examined individually, jointly, and harmoniously, was obtained in compliance with the applicable procedural provisions and is related to the factual account presented in the indictment.
The court also rejected the requests for the exclusion of various pieces of evidence made by the defense, considering that they meet the requirements of legality, relevance, and utility required for their incorporation and discussion during the trial.
The jurisdiction of the Examining Magistrate concluded that the accusation has sufficient grounds and that there is probable cause justifying sending the defendants to oral trial.
Admitted legal qualification
Cuevas Charles will be tried for the alleged violation of various provisions of laws 50-88 on Drugs and Controlled Substances and 155-17 against Money Laundering and Terrorist Financing, and 72-02 on Money Laundering Derived from Illicit Trafficking of Drugs and Controlled Substances and other Serious Offenses.
For its part, the company W. Cuevas Autoimport was sent to trial for the alleged violation of articles 2, numeral 26; 3, numerals 1 and 3; 8 and 9, numerals 1 and 2, of Law 155-17.
The resolution also accredited the evidentiary elements that will be presented and debated during the trial, including testimonial statements, expert reports, financial documents, search warrants, vehicle records, electronic devices, seized objects, and other actions carried out during the investigation.
Personal and property measures maintained
The court renewed the coercive measures imposed on Walky Cuevas Charles, consisting of a travel ban and periodic reporting, as well as the precautionary measures of sequestration, seizure, opposition to transfer or delivery, and freezing of funds weighing on the defendants’ assets.
