When will the National Financial Prosecutor’s Office be established to take charge of serious offenders from Petro-Caribe, the CIRH, the FNE and the ONA?
American Secretary of State Antony Blinken has already identified a file to be taken over by the National Financial Prosecutor’s Office in charge of serious offenders (To be set up by PM Conille, according to the provisions of the Agreement of April 3) when he announced sanctions accompanied by a ban on entry to the USA against former Prime Minister Laurent Salvador Lamothe for having diverted for private purposes at least 60 million dollars of “Petrocaribe” funds, in a press release made public, on Friday June 2, 2023.
The Prime Minister of the Transitional Government, Mr. Garry Conille, according to article 38 of the Agreement of April 3, has the mission of strengthening the capacity of public institutions to fight corruption, to support organizations in society engaged in this fight, to establish transparency in its actions and to respect the right of access to information.
Article 39 of the said agreement indicates that the government of PM Conille must:
Set up a Parquet Financier National specialist, in charge of serious delinquency. economic and financial, dealing with attacks on public finances, probity, and the proper functioning of financial markets Initiate a general audit of the Public Administration including autonomous bodies and institutions, diplomatic representations and all revenue-generating public institutions In this context, various cases of serious economic and financial delinquency should be handled by the National Financial Prosecutor’s Office including that of Petro-Caribe, the CIRH, the FNE and the ONA.
Many of these major financial offenders and their accomplices are already known.
For example, the various reports from the Superior Court of Auditors and Administrative Disputes have identified a certain number of serious offenders who have wasted and embezzled more than 4 billion dollars of public money.
Some of the offenders who stole Haiti’s reconstruction money following the earthquake of January 12, 2010, are perfectly identifiable. The National Financial Prosecutor’s Office will have to look for other accomplices and perpetrators
As for the delinquents linked to the billions of FNE and ONA, it will possibly take very little time to find them to the extent that the political will is affirmed and real.
American Secretary of State Antony Blinken, for his part, identified a file that could possibly be taken up by the Parquet Financier National when he announced sanctions including a ban on entry to the USA against former Prime Minister Laurent Salvador Lamothe for having diverted at least $60 million of Petrocaribe funds for private purposes,” in a statement made public , Friday June 2, 2023.
“Today, I announce the designation of Laurent Salvador Lamothe, former Haitian Prime Minister and Minister of Planning and External Cooperation, for his involvement in a major corruption affair. This measure makes Lamothe generally ineligible for entry into the United States. Specifically, Mr. Lamothe misappropriated at least $60 million from the Haitian government’s PetroCaribe infrastructure investment and social protection fund for private purposes,” according to the State Department press release.
“Through this act of corruption and his direct involvement in the management of the fund, he exploited his role as a public official and contributed to the current instability in Haiti,” Mr. Blinken’s press release indicated.
However, generally speaking, the establishment of a Parquet financier national specialized, particularly in charge of serious economic and financial crime, involves several crucial stages:
1. **Feasibility studies and justification:**
– Assess the need and relevance of such a specialized prosecutor’s office, by analyzing the current gaps in the fight against economic and financial delinquency, in particular attacks on public finances and corruption.
– Justify the need for a dedicated structure that can concentrate its resources and expertise on these specific areas.
2. **Legal and regulatory framework:**
– Define and develop the legal and regulatory framework necessary for the creation and operation of the specialized financial prosecutor’s office. This includes specific laws, jurisdictions and powers granted to prosecutors and investigators.
– Ensure close cooperation with existing judicial authorities, such as specialized courts and financial regulatory agencies.
3. **Organizational structure:**
– Establish a robust organizational structure with specialized divisions in the fight against economic and financial crime, including specialized prosecutors, financial investigators, data analysts, etc.
– Define the roles and responsibilities of each entity within the prosecution to ensure effective coordination and rigorous case management.
4. **Recruitment and training:**
– Recruit qualified personnel with proven expertise in the field of economic and financial crime, including professionals experienced in law, finance, auditing, and investigation.
– Provide continuing training to maintain and improve staff skills in the face of constant developments in financial delinquency methods.
5. **Technology and infrastructure:**
– Develop or acquire advanced technological tools for the analysis of financial data, fraud detection, and effective management of complex files.
– Ensure the security and confidentiality of sensitive information while facilitating collaboration with other national and international organizations.
6. **International cooperation:**
– Establish partnerships and cooperative agreements with other financial prosecutors and international bodies to exchange information, coordinate cross-border investigations and combat financial crime globally.
7. **Communication and awareness:**
– Raise awareness among the public and market participants about the efforts of the specialized financial prosecutor’s office, the risks associated with economic and financial delinquency, and the measures taken to strengthen transparency and probity in the financial markets.
In summary, the establishment of a National Financial Prosecutor’s Office specialized in the fight against serious economic and financial delinquency requires careful planning, close interinstitutional and international cooperation, as well as a strong commitment to ensure integrity and good functioning of financial markets and public finances.
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