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EEUU Acusación Red Álex Saab
EEUU Acusación Red Álex Saab
Oct 7, 2021
VS.
ALVAR O PULID O V AR GA S,
a/k/a tiG erm an Enrique Rubio Salas,''
a/k/a dscuchi,''
JOSE GREGORIO W ELM A-M OM ,
EM M AN UEL ENRIQUE RUBIO GONZALEZ,
CARI,OSROLANDO LIZCANO M ANRIQUE,aud
A NA GU ILLERM O LU IS,
D efendants.
INDICTG NT
Code,Sections78dd-1,etseq.(the(TCPA''),wasenactedbyCongressforthepurposeof,among
other things,m aking it unlawfulfor certain classes of persons and entities to act corruptly in
ComitéLocaldeAbastecimientoyProduccitm ICCLAP''IwasaVenezuelanstate-
ow ned and state-controlled food and m edicine distribution program forthe people ofV enezuela.
ComercializadoradeBienesY ServiciosDe1EstadoTachira(CCOBISERTA'')was
a company thatwas ow ned and controlled by the Venezuelan State ofTachira and that,am ong
Kçagency,'' and fçinstrum entality'' of a foreign govenunent, and COBISERTA 'S ofticers and
employeesw ere llforeign officials,''as those tel'm s are used in the FCPA ,Title 15,United States
Code, Section 78dd-3(t)(2)(A). COBISERTA'S officers and employees were also Ktpublic
officials''asthatterm isused underV enezuelan law .
CoporaciônVenezolanadeComercioExteriorIGICOR#OVEX''Iwasastate-owned
and stte-controlled entity in V enezuela that m anaged all import and export activities of
Venezueli. CORPO'
VEX was a ç'department,''(iagency,''and EEinstrumentality''of a foreigp
governm ent,and CORPOVEX 'Sofficers and em ployees were <iforeign officials,''asthose term s
M inisteriodelPoderPopulardeEconomfayFinanzas(GtM inistryofVinance'')was
the governm entm inistry in V enezuela thatoversaw the financesofV enezuela. The M inistry of
Finance was a 'Kdepartm ent,''Stagency,''and EEinstlnam entality''of a foreign governm ent,and the
theFCPA,Title15,UnitedStatesCode,Section78dd-3(t)(2)(A).M inistryofFinance'soffcers
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the people of V enezuela. FON DEN was a Ssdepartm ent,''EEagency,''and (çinstrum entality''of a
foreign govelmm ent,and FOND EN 'S officers and em ployees w ere Ctforeign officials,''as those
BancodeDesarrolloEconémicoySocialdeVenezuela(I%A'NDES''Iwasthestate-
ow ned and state-controlled governm ent entity in V enezuela that was designed to prom ote
w ere (çforeign ofticials,''asthoseterm sare used in the FCPA ,Title 15,United StatesCode,Section
78dd-3(9(2)(A).BANDES'SofficersandemployeeswerealsoEt
publicofficials''asthatterm is
used underV enezuelan law .
8. COBISERTA and CORPOVEX contracted w ith com panies under the CLAP
program to purchase and im portfood into Venezuela and w ere also responsibleforoverseeing the
execution ofthosecontracts.CORPOVEX also contracted w ith com paniesto purchase and import
A sasiFood.
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From in or around 2012 through in or around 2017,VIELM A-M OIRA w as the Governorofthe
Venezuelan State of Tachira. As Governor,V IELM A-M OIRA oversaw COBISERTA and its
FCPA,Title15,UnitedStatesCode,Section78dd-3(9(2)(A),andattpublicofficial''asthatterm
isused underV enezuelan law .
a/k/a Edcuchi-''
com panies that obtained contracts from COBISERTA and CORPOVEX to provide food and
m edicine.
to V enezuela,including Group Grand Lim ited and A sasiFood.
thatterm isusedintheFCPA,Title15,UnitedStatesCode,Section78dd-3(a).
Venezuelan Governm entOfficial1 wasa citizen ofV enezuela. From in oraround
Septem ber 2020, Venezuelan Governm ent Official 1 was a high-ranking official for the
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2020,V enezuelan Governm ent Official 1 was a high-ranking officialofBAN DES. Venezuelan
States Code, Sections 78dd-3(9(2)(A),and a dlpublic official''as that term is used under
Venezuelan law .
around at least July 2016, Venezuelan Governm ent Official 2 w as a public official in the
of Finance. Beginning in or around February 2017,V enezuelan Governm ent Official2 was a
high-ranking officialofBAN DES. Beginning in oraround June 2018,V enezuelan Governm ent
Official)wasahigh-rankingofficialofCORPOVEX.VenezuelanGovernmentOfficial2wasa
1 .
(Toreign official''asthatterm isdefined in the FCPA ,Title 15,United States Code,Section 78dd-
3(9(2)(A),anda&çpublicofficial''asthatterm isusedunderVenezuelanlaw.
CO UNT 1
Conspiracy to C om m itM oney Laundering
(18U.S.C.j1956(h))
Paragraphs l through 17 of the GeneralA llegations Section are re-alleged and
did knowingly and voluntarily com bine,conspire,confederateand agreew ith each other,and other
personsknown and unknown to the Grand Jury,to com m itan offense againstthe United States,
thatis:
a. to know ingly transport,transm it,and transfer a m onetary instrum ent and funds
from a place in the U nited Statesto and through aplace outside the United States,and to a place
in theU nited Statesfrom and through a place outside the United States,w ith theintentto prom ote
1956(a)(2)(A);
b. to knowingly transporq transmit,and transfer,and attemptto transpolt transm it,
and transfer, a m onetary instrum ent and funds involving the proceeds of specified unlaw ful
activity,from aplace in theUnited Statesto and through aplace outside the United States,and to .
unlaw fulactivity and know ing thatsuch transportation,transm ission,and transferand attem ptto
violationofTitlel8,UnitedStatesCode,Section 1956(a)(2)(B)(i);and
Itisfurtherallegedthatthespecifiedunlawfulactivityis:(a)afelonyviolationoftheFCPA
'underTitle 15,UnitedStatesCode,Section 78dd-3;and (b)anoffenseagainstaforeignnation,
specifically V enezuela,involving bribery ofa public offcial,and the m isappropriation,theA,and
em bezzlem entofpublic fundsby and forthe benefitofa public offcial,asprovided by Title 18,
UnitedStatesCode,Section 1956(c)(7)(B)(iv).
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unlawfully erlrich them selvesby engaging in aschem eto bribe Venezuelan officialsto obtain and
to launder bribes, proceeds, and other funds related to the corrupt schem e into and through
. '-
(
accounts in the United States in orderto prom ote the illegalbribery schem e and to concealthe
The manner and means by which ALVARO PULIDO VARGAS, a/k/a idGerm an
Enrique Rubio Salas,''a/k/a Rc uchi,''JO SE GR EG OR IO W ELM A-M OR A,EM M A M JEL
conspiracy included,am ong otherthings,the follow ing conductin the Southern DistrictofFlorida
and elsewhere:
AI,VAR O PIJLI'
D O V AR GA S, a/k/a Germ an Enrique R ubio Salas, a/k/a dtc uchi,''
governm entto m anufacm re and exportboxes offood from M exico and boxes ofm edicine from
7
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to receive m oney pursuantto the contractsaw arded by the Venezuelan governm ent,to m ake bribe
paym entsto theV enezuelan governm entofficials,including those officialsin charge ofawarding
the contracts, and ultim ately to distribute the proceeds of the corruptly obtained contracts to
At-vwuo I'ti too vwutu s, a/k/a German Enrique Rubio salas, a/k/a ''cuchi,',
EM M ANUEL ENRIQUE RUBIO GONZALEZ, CART,OS ROLANDO LIZCANO
M ANRIQUE, ANA GUILLERM O LUIS, as well as Co-conspirator 1 and other co-
conspirators, created a w eb of dozens of personal and corporate bank accounts in m ultiple
w hile concealing the origin and useofthe m oniesobtained through the corruptschem e.
W ELM A-M O R A oversaw the contracting process related to the importation of food into
Co-conspiratorl and Co-conspirator2 and discussedW ELM A-M O R A'Srole in the importation
8
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W ELM A-M O RA to obtain and retain contractsto im portand sellfood to the State ofTachira.
Venezuelan Governm entOfficial1and 2 foraw arding the food contractsto com paniescontrolled
by AI,VA R O PIJLID O VAR G A S,a/k/a G erm an EnriqueR ubio Salas,a/k/a dsc uchi''and Co-
Conspirator 1.
15. On or about O ctober 14,2016,Group Grand Lim ited- a com pany owned and
9
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approxim ately 10 million boxesoffood tmderthe CLAP program at$34/b0x fora totalcontract
schem e.
18. In oraround mid to 1ate-2016,JOSE GREG ORIO W ELM A-M ORA m etwith
co-consptrators1 and 2 and discussed how VIELM A-M ORA would receivethebribemoney
.<
owed to him forhispartin awarding the food contractsto companiescontrolled by,and forthe
determ ined that Co-conspirator 2 w ould serve as an interm ediaty to receive the bribe m oney on
10
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i
19 ANA GU ILLER M O LUIS,who worked for ATI
,V AR O PULID O VA RG A S,
of-dozens of compaàies and associated bank accounts in various countries for Ptltzloo
VA R GA S,Co-conspirator 1,and other co-conspiratorsto receive and m ovethe m oney received
from Venezuela aspaym entforthe cornlptly obtained food and m edicine contracts. A long these
to'receive,pay,and transfer funds as a bribe interm edialy forW ELM A -M O R A,and to collect
Co-conspirator 2's share of the coa upt proceeds. Likewise, GU ILLERM O helped create
com panies and open associated bank accounts to allow other co-conspirators to receive their
for the benefit of com panies controlled by A LVAR O PULID O V AR G AS, a/lk/a G erm an
G REG O RIO W ELM A-M O R A and Co-conspirator2 caused w ire transfers of approxim ately
1.
1
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of Florida owned and controlled by Co-conspirator2. A m ong these wire transfers,on or abèut
February 11, 2017, Co-conspirator 2, while in the United States, caused a w ire transfer of
approxim ately $1,600,000 from a bank accounthe controlled in Panama to a bank accounthe
controlled in the Southern DistrictofFlorida in orderto prom otetheillegalbribery schem e and to
22. On or about February 14, 2017, Group Grand Lim ited,a com pany owned and
Rcuchi'' and Co-conspirator 1 obtained a second contract to im port and distribute w ithin
V enezuela approxim ately 10 m illion boxes offood through theCLAP program forapproxim ately
$369,900,000.'
23. ln addition to the food contracts,in or around early 2017, AI,VA R O PU LID O
obtain contracts to expol'tm edicine to,and distribute it w ithin,V enezuela through the CLAP
24. On or about M arch 31, 2017, G roup Grand Lim ited, a com pany ow ned and
Conspirator 1 obtained a second contract from CORPOV EX, this one for approxim ately
12
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In or around July 2017,m em bers of the conspiracy received w ire transfers from
FOI
NDEN totalingapproximately $33,750,295toan accountinAntiguaheld inthenameofGroup
Grand Lim ited, a company ow ned and controlled by AT,VA RO PU LID O V AR G AS, a/k/a
obtained food and m edicine contractsobtained from the Venezuelan governm ent.
From in oraround January 2018,through in oraround M arch 2018,m em bersofthe
conspiracy received wire transfers from BANDES totaling approxim ately $105,001,292 to an
accountin United A rab Em iratesheld in the nam eofA sasiFood,acom pany ow ned and controlled
Conspirator 1,aspaym enton the corruptly obtained food and m edicine contracts obtained from
accountin United Arab Em katesheld in thenam e ofA sasiFood,acom papy ownpd and controlled
by AI,VAR O PULIDO VAR GA S,a/lk/a G erm an E nrique Rubio Salas,a/lk/a Kcuchi''and Co-
Conspirator 1,as paym enton the corruptly obtained food and m edicine contracts obtained from
from other com panies undertheir control,wire transferred,and caused to be w ire transferred,at
least$10,000,000 in proceeds and othermonies directly to bank accounts in the United States
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proceeds and to promote the bribery scheme. At least$5,500,000 ofthose funds were wired
directly into the Southern DistrictofFlorida.
During the course of the conspiracy, Group Grand Lim ited and AsasiFoods,
com panies owned and controlled by ALVA RO PU LID O VAR GA S,a/k/a G erm an Enrique
to pay for costs associated w ith fulflling the COBISERTA and CORPOVEX contracts.These
w ire transfersw ere m ade in orderto concealand disguise the nature,location,source,ow nership,
32. During the course of the conspiracy, Group Grand Lim ited and AsasiFoods,
com panies ow ned and controlled by M UVAR O PU LIDO VA RG A S,a/k/a G erm an Enrique
.
14
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located in M exico,through correspondentbank accounts in the United States,to pay for costs
33. During the course ofthe conspiracy,Venezuela'sability to pay foreign com panies
w as lim ited due to a shortage of U .S.dollars. Therefore,in furtherance of the schem e, Co-
could obtain additionalU .S.dollars or euros to m ake the paym ents owed to foreign com panies,
including to Group Grand Lim ited and AsasiFoods under the corruptly obtained food and
m edicine contracts.
authorized thé transfer of funds at the direction of and for the benefit of JO SE GR EG ORIO
W ELM A-M O R A from a bank account in the Southern D istrict of Florida to individuals and
authorized a credit card transaction using Co-conspirator 2's credit card in order to pay
A1linviolationofTitle18,UnitedStatesCode,Section1956(h).
15
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CO UNT S 2-5
Laundering ofM onetary Instrum ents
(18U.S.C.j1956(a)(2)(A))
Paragraphs 1 through 17 of the General A llegations Section and paragraphs 1
through 35 ofCount 1arere-alleged and incorporated by reference asthough fully setfol'th herein.
2. On or aboutthe dates set forth in each Count below ,in the Southern Districtof
know ingly transported, transm itted, and transferred, and aided and abetted, and caused the
transport, transm ission, and transf4r of, and attem pted to transport, transm it, and transfer, a
m onetary instrum entand funds from a place in the United States to and tlzrough a place outside
.
the United Statesand to a place in the U nited States from and through a place outside the United
States,withtheintenttopromotethecarryingonofspecifiedunlawfulactivity,thatis,(a)afelony
violation oftheFCPA underTitle 15,United States Code,Section 7881d-3 and (b)an offense
against a '
foreign nation,specifically Venezuela, involving bribery of a public offcial, and the
m isappropriation,theft and embezzlem entof public funds by and forthe benefitofa public
official,pursuanttoTitle18,UnitedStatesCode,Section1956(c)(7)@ )(iv).
16
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InviolationofTitle18,UnitedStatesCode,Sections1956(a)(2)(A)and2.
FOR FEITURE
(18U.S.C.j982(a)(1))
The allegations ofthis Indictm entarehereby re-alleged and by thisreference fully
property in which any of the defendants, AT,VAR O PU LID O VAR G AS, a/k/a RG erm an
alleged in this Indictm ent,the defendants shallforfeitto the U nited States any property,realor
17
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18,UnitedStatesCode,Section982(a)(1).
Thepropertysubjecttoforfeitureasaresultoftheallegedoffensesincludes,butis
notlim ited to,asum ofapproximately $1,607,626,307.19 in U.S.currency,which representsthe
amountoffunbsinvolvedintheviolationsofTitle18,United StatesCode,Section 1956alleged
inthislndictment,andwhichmaybesoughtasaforfeituremoneyjudgment.
4. Ifanyofthepropertydescribedaboveasbeingsubjecttoforfeiture,asaresultofb
any actorom ission ofthe defendants:
hasbeenplacedbeyondthejurisdictionoftheCoul'
t;
d. hasbeen substantially dim inished in value;or
difficulty;
Title2l,UnitedStatesCode,Section853j9.
18
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AllpursuanttoTitle18,UnitedStatesCode,Section982(a)(1),andtheproceduressetfol'
th
in Title 21,U nited States Code,Section 853,as incorporated by Title 18,United States Code,
Section 982(b)(1).
A TRU E BILL
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ESAzTTORNEY SEPH S.BEEM STERBOER
ACTm G CHIEF,FR AUD SECTION
cltlM m At,DIVISION
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K urtK .'L n elm er A lexanderJ.K ram er
A ssistantUnited StatesA ttorney TrialAttorney
19