Summary of "Comunicación de veredicto contra ex comandante en jefe del Ejército"

Detailed Reading of the Verdict: Juan Miguel Fuente Alba Poblete Case

The video presents a comprehensive reading of the verdict in the criminal trial against Juan Miguel Fuente Alba Poblete, former Commander-in-Chief of the Chilean Army, and his spouse Anita Pinochet Ribc. They faced accusations of embezzlement of public funds and active money laundering related to the misuse of the Army’s classified reserved funds during Fuente Alba’s tenure from 2010 to 2014.

Key Points of the Verdict and Case

1. Charges and Legal Framework

Fuente Alba was accused of diverting approximately 2.98 billion Chilean pesos from the Army’s reserved budget, which is legally allocated for national security and secret operations, to personal and unauthorized uses.
Both defendants were charged with money laundering for allegedly concealing the illicit origin of these funds through complex financial maneuvers, including cash deposits, investments, luxury purchases, and real estate transactions.
The court emphasized the necessity of proving the crime beyond reasonable doubt and clarified that the money laundering charge requires establishing:
- The illicit origin of assets,
- Specific laundering acts, and
- Knowledge and intent of the accused.

2. Nature and Administration of Reserved Funds

The Army’s reserved funds are secret and regulated by specific laws, with annual confidential accounting submitted to the Comptroller General.
The Commander-in-Chief had discretionary authority over the distribution and use of these funds, which were delivered in cash without formal accounting records.
Testimonies from Army finance officials confirmed the Commander-in-Chief’s control over the funds and their use for various expenses, including personal and household maintenance costs.

3. Evidence and Testimonies

Witnesses from the Army’s finance and intelligence departments described the handling and distribution of reserved funds, corroborating Fuente Alba’s discretionary use.
The accused received monthly cash sums for personal use and household expenses, as confirmed by finance officers and aides.
Some evidence regarding funds allegedly allocated to the Army Ladies’ Foundation and other specific cash withdrawals was dismissed due to insufficient proof.

4. Financial and Expert Analysis

The prosecution relied heavily on expert financial analyses and police investigations to demonstrate suspicious cash deposits, unexplained asset growth, and laundering maneuvers.
However, the court found significant deficiencies and inconsistencies in these expert reports:
- The financial expert’s analysis lacked consideration of prior legitimate assets, liabilities, and rental incomes, leading to an overestimation of unjustified wealth increase.
- The expert’s methodology was questioned for partiality, reliance on incomplete data, and introducing new incriminating theories not included in the formal accusation, violating due process.
- The police financial analysis contained errors in classifying deposits as cash and failed to conclusively link transactions to illicit funds.
The court noted that the accused couple had considerable assets prior to Fuente Alba’s command, which were not adequately investigated by the prosecution.

5. Legal and Evidentiary Conclusions

The court reaffirmed that money laundering requires solid, consistent circumstantial evidence linking illicit funds to laundering acts.
Due to fragmented, incomplete, and sometimes contradictory evidence, the court could not establish the necessary causal link between the alleged embezzlement and money laundering beyond reasonable doubt.
The prior military court indictment was deemed inadmissible as foundational evidence due to procedural differences and lack of finality.
The defense’s right to due process and presumption of innocence was emphasized, particularly in light of the prosecution’s shifting and partial accusations.

6. Verdict

The court unanimously acquitted Juan Miguel Fuente Alba Poblete and Anita María Pinochet Ribc of the charges of active money laundering.
The ruling recognized that while some aspects of the underlying embezzlement crime were proven, the prosecution failed to prove the money laundering charges to the required standard.
Precautionary measures against the accused were lifted.
The final judgment and case costs will be addressed in the formal sentence to be issued later.

Presenters and Contributors

Magistrate Paulina Sariego ECEM – Presiding judge drafting the ruling
Prosecutors and representatives from the Public Prosecutor’s Office and State Defense Council
Witnesses including Army finance officials:
- Jorge Cortés Díaz
- Sergio Vázquez Undurraga
- Rodolfo Hidalgo Fariña
Police experts:
- Commissioner Claudio Escovedo Mena
- Expert Cristian Álvarez Cabión
Defense attorneys
The accused:
- Juan Miguel Fuente Alba Poblete
- Anita María Pinochet Ribc

This summary captures the court’s reasoning, evidentiary analysis, and final decision in a high-profile case involving alleged misuse of military funds and subsequent money laundering accusations.