Program

Economic crimes as predicate offenses for money laundering.

2. Modifications Law 20.818. Disproportionality norm seizure

and seizure of assets for equivalent value.

3. Modifications introduced by law 21.121

4. Test of the crime of money laundering.

5. Jurisprudence analysis.

Structure

Economic base crimes

1. SMUGGLING. In Article 168 in relation to Article 178,

No. 1, both from the decree with the force of law No. 30, of the Ministry of
Treasury, from 2005, which approves the consolidated, coordinated text,
systematized of decree with the force of law No. 213, of the Ministry of
Treasury, from 1953, regarding Customs Ordinance;

2. INTELLECTUAL PROPERTY. In the second paragraph of article 81 of

Law No. 17,336.

3. MALICIOUS FRAUD IN OPERATIONS WITH THE BANK OR OF

CURRENCY OPERATIONS

4. INTERNATIONAL / MANUFACTURE AND CIRCULATION OF BILLS.

In articles 59 and 64 of law No. 18,840, constitutional organic
from the Central Bank of Chile.
 5. TAX FRAUD. In the third paragraph of number 4
of article 97 of the Tax Code; ILLEGAL ASSOCIATIONS. In
paragraph 10 of Title VI, of Book Two of the Penal Code;

6. FRAUD, MISAPPROPRIATION, GRANT FRAUD AND

DISLOYAL ADMINISTRATION In articles 468 and 470, No. 1, 8 and 11
both in relation to the final paragraph of article 467 of the Penal Code

Those who introduce into the territory will incur the crime of smuggling.
national, or extract from it, goods whose import or export,
respectively, are prohibited.

Likewise, anyone who introduces contraband commits the crime of smuggling.

foreign goods from a special tax regime territory to
another of greater burdens, or to the rest of the country, in one of the forms
indicated in the preceding sections.

The crime of smuggling is also committed by anyone who, when introducing into the territory
from the Republic, or by extracting from it, goods of lawful commerce, defraud
the public treasury through the evasion of tax payments that
they may correspond to him or through the non-submission of the same to the
Customs.

Also incurs in the crime of smuggling he who extracts goods from the
country for places not authorized or without presenting them to Customs. (Ref.
Tax

The National Customs Service may choose not to file a complaint or initiate
complaint regarding anyone who has participated in smuggling,
but I will offer to pay an amount not exceeding once the customs value of
the goods involved. If I were to accept that offer some of the
authorities referred to in the first paragraph, the interested party must pay
the corresponding sum in public coffers and, with the receipt of that
deposit, it will be agreed to waive the exercise of criminal action, which
it will have the effect of its extinction.

Problems:

There is no complaint or report from Customs.

2. Existence of administrative procedure. 'criminal action purchase'

What is the material object of the washing.

The customs authority's ability to enter into the agreements referred to in the paragraph
previously will not proceed in case of smuggling of goods affecting
special or additional taxation and will cease once the Ministry
The public formalizes the investigation in accordance with Paragraph 5 of Title I,
from the Second Book of the Criminal Procedural Code. All of which is understood without
prejudice of the origin of the reparatory agreements referred to in the
Article 241 of the same Code.

Commits a crime against intellectual property and shall be punished with a penalty
minimum degree of minor confinement and a fine of 50 to 800 units
monthly taxes, whoever has to market, market or
I rented copies of works, interpretations, or directly to the public.
phonograms, regardless of their medium, reproduced in violation of
the provisions of this law.

Whoever manufactures, imports, brings into the country, has or

acquire for your commercial distribution the copies referred to in the paragraph
previously, it will be punished with the penalties of minor imprisonment in its degree
from medium to maximum and a fine of 100 to 1,000 monthly tax units.

Article 59.- The person who commits malicious falsification in the

documents that accompany your actions with the Bank or in the
international exchange operations governed by this law will be
sentenced by the courts of justice to a lesser prison term in
to medium to maximum degree.

Article 64.- Whoever manufactures or circulates objects whose shape is

to make legal tender bills easy to accept in
place of the truth, will be punished with the minor prison sentence in
its degrees from medium to maximum.

The one who defrauds by using a fictitious name, claiming power,

influence the credit assumptions, appearing goods, credit, commission,
imaginary company or negotiation, or by using any other deception
similar, with the value of the defrauded item being greater than 400 UTM.
Problems:

- Victims

- How to identify this base crime

- Distinguishing maneuvers of fraud from the crime of money laundering

Article 160.- Whoever obtains credits from credit institutions,

public or private, supplying or providing false data or
maliciously incomplete regarding their identity, activities or states
of situation or assets, causing harm to the institution, will suffer
the penalty of minor imprisonment in its medium to maximum degrees.

Problems:

- They paid the victim.

- Existence of civil lawsuits.

- What is the material object of the washing.

He who, simulating a tax operation or through any other means

fraudulent maneuver, obtaining tax refunds that are not due to him
will be sanctioned with the penalty of minor imprisonment in its degree
maximum to a major prison in its medium degree and with a fine of one hundred percent
one hundred to four hundred percent of the defrauded.

Problems:

- There is no complaint from the SII

- Existence of administrative procedure.

- What is the material object of washing.

Law No. 18,045, on the securities market: Among other offenses, it punishes
who maliciously provides false background information to the
Superintendency of Securities and Insurance; delivered false certifications
about operations carried out by stockbrokers and securities agents;
perform transactions to artificially modify prices; use
insider information for personal gain; and spread false information or
biased in the stock market, in order to gain advantages for
yes or for third parties. This regulation also penalizes accountants and
auditors who validate financial statements that contain information
false.

1° Those who, to the detriment of another, appropriate or divert money or belongings

or any other movable thing that they have received in deposit, commission
or administration, or by any other title that creates an obligation to deliver it or
return it.

Regarding the deposit proof in the case referred to in article 2.217

of the Civil Code, the provisions of that article will be observed.

8° Those who fraudulently obtain from the Treasury, from the

municipalities, from the Social Security Funds and from the institutions
centralized or decentralized by the State, improper benefits,
such as salaries, bonuses, subsidies, pensions,
retirements, allowances, refunds or undue charges.

11. To the one responsible for the safeguarding or management of the heritage
from another person, or from some part of this, by virtue of the law, of a
order of the authority or of an act or contract, to cause harm, may it be
abusing powers to act on her behalf or
forcing her, either by executing or omitting any other action in such a way
manifestly contrary to the interest of the owner of the affected assets.

If the fact were to affect the assets of a person in relation to the

whether the subject is a guardian, tutor, or curator, or of an incapable person
that the subject has in charge in some other capacity, it will be imposed, according to
sea el caso, el máximum o el grado máximo de las penas señaladas en el
Article 467.

In the event that the entrusted assets belong to a company

open or special anonymous, the administrator who conducts any of the
behaviors described in the first paragraph of this numeral, inflicting
harm to social heritage will be penalized with the specified penalties
in Article 467 increased by one degree. In addition, the penalty will be imposed
of temporary special disqualification in its minimum degree for
serve as manager, director, liquidator or administrator
any title of a society or entity subject to audit of a
Superintendent or Commission for the Financial Market.

In the cases provided for in this article, a penalty will also be imposed,
fine of half the amount of the fraud.

ART. 489.

They are exempt from criminal liability and subject only to civil liability.
for the thefts, frauds or damages that are mutually caused:

1. Blood relatives in the entire direct line.

2. Relatives by blood up to and including the second degree of

the collateral line.

3. Relatives by marriage in the entire direct line.

4. Repealed.

5. The spouses.

6. Civil cohabitants.

The exception of this article does not apply to outsiders who

they participate in the crime, nor between spouses when it concerns the
crimes of damage mentioned in the previous paragraph.

In addition, this exemption will not apply when the victim is a

persona mayor de sesenta años.

What types could occur?

PROPORTIONALITY NORM

Context
History of the law

Initial proposal:

In any case, the applicable penalty for the crime of money laundering is this
article, shall not exceed the maximum established in the respective law
for the base or preceding offense

Objections:

Deputy Bustos "could give rise to a confusion problem"

conceptual, as it could lead to significant fraud cases
that, nevertheless, the penalty to be applied would be limited by the
established for the base offense

Indication (Burgos / Bustos Monckeberg):

In any case, the penalty applicable for the crime of this article will be imprisonment.
lesser in its middle degree to maximum and a fine of 200 to 1000 UTM, furthermore
of the accessories that correspond, when the base or preceding crime of
Money laundering is sanctioned by law with a penalty for a simple crime.
Intervention of the Public Prosecutor's Office:

It supports the incorporation of a proportionality standard as it makes feasible

the application of the rule and safeguards the autonomy of the crime of money laundering
money.

Executive indication:

In any case, the penalty of deprivation of liberty applicable in cases of

letters a) and b) shall not exceed the greater penalty assigned by law to the author
of the crime or simple offense from which the goods subject to the crime arise
contemplated in this article, without prejudice to fines and penalties
accessories that correspond in accordance with the law.

Unanimous approval

Orpis discussion in the Chamber:

I want to refer to a delicate problem that Article 27 presents,

which states: “Will be punished with major prison in its minimum degree to
medium and a fine of two hundred to one thousand monthly tax units:
Then it establishes the catalog of behaviors sanctioned for money laundering.
What is the problem that arises?

Money laundering always has a underlying crime: drug trafficking or the

terrorist conduct. And the standard of law N° 19.913 states: 'If the one who
participated as an author or accomplice of the act that originated such goods incurs,
Moreover, in the criminal figure contemplated in this article,” -that is, money laundering.
of money- "will also be punished according to this." That is, according to
According to current legislation, the person must serve the sentence assigned to the crime.
basis and, moreover, the crime of money laundering. From there comes my
concern and difference with the suggested text, regarding which
I will make a proposal after explaining the problem.

Here the criteria radically changes with the final provision that is
proposes, stating: "In any case, the applicable custodial sentence
in the cases of letters a) and b)” - that is, the already mentioned catalog - “not
may exceed the greater penalty that the law assigns to the author of the crime or
simple offense from which the goods subject to the offense contemplated in
this article.

In other words, the maximum penalty for the crime of money laundering is
determined by the penalty of the base offense. That is where my concern lies. In
the practice, with regard to the offenses under the Drug Law, recorded in the
catalog, a reduction in the penalty for money laundering occurs. The
the same happens with terrorist offenses, which are extremely serious.

Orpis discussion in the Chamber:

And this happens, Mr. President, in a series of other crimes that

consider the mentioned article 27, referring to the Penal Code and which are
extremely delicate behaviors.

Indeed, the penalty for the crime of money laundering is reduced when the crime
base is, for example, simple kidnapping (article 141); sexual abuse of
over 14 years old (article 366); the facilitation of prostitution (article
367); simple migrant trafficking (article 411 bis), trafficking that puts at risk
danger to the health or physical integrity of the migrant and the trafficking that puts at risk
risk the life of the migrant; fraud (article 468), and scams
qualified (article 470).

Mr. President, there are two solutions to address this matter,

considering that the catalog is much larger. Regarding the others
standards that are proposed to be incorporated, it seems reasonable to me that there is

proportionality, because it involves financial crimes. But,

in relation to the Drug Law, the Anti-Terrorism Law, and the list of crimes
What I just mentioned regarding the Penal Code does not seem appropriate to me.
that the penalty for the crime of money laundering should be reduced.

A first solution would be to directly vote against the final clause of

proposed article 27.

And the second, to unanimously incorporate an indication into the debate that
I have drafted. It says the following: "Except for the crimes that have...
assigned a penalty for crime under Law No. 20,000, on illicit trafficking
of narcotics or in law 18.314, on terrorist conduct,” plus the
catalog of the Penal Code that I mentioned.

Proportionality rule

In any case, the penalty of deprivation of liberty applicable in cases of

letters a) and b) shall not exceed the maximum penalty assigned by law to the author
of the crime or simple offense from which the goods subject to the offense originate
contemplated in this article, without prejudice to fines and penalties
accessories that correspond in accordance with the law.

1. Was the penalty for money laundering reduced?

2. Is this a more favorable regulation?

3. Can intrusive measures be requested in money laundering cases where the

Does the base crime not have a penalty?

4. Should this rule be considered by the judge at the time of

to resolve requests for personal precautionary measures?

In any case, the penalty of deprivation of liberty applicable in cases of the

Letters a) and b) shall not exceed the greater penalty assigned by law to the author.
from the crime or simple offense from which the goods that are the subject of the crime originate
considered in this article, without prejudice to fines and penalties
accessories that correspond in accordance with the law.

1. Is the greater penalty to be considered in the abstract or in the concrete?

2. What happens if the money laundering comes from two predicate offenses with
different penalties?
3. Opera the standard in the tiles cases of inexcusable negligence?
If so, how does it operate?

4. What is the maximum penalty in cases where the base crime is a

illegal association?

Destination of confiscated goods / seizure and confiscation of goods

for equivalent value

Article 36. The seized goods or the product of the confiscated goods in
investigations for money laundering may be allocated, in the
terms established by articles 40 and 46 of law 20,000, in all or
it begins the pursuit of said crime.

The seized goods or the products of those confiscated in investigations

for money laundering may be allocated, under the terms that
establish articles 40 and 46 of law 20,000, in whole or in part to the
prosecution of said illicit act.

What goods can be allocated?

What happens if the investigation is for money laundering and the underlying crime?

Can the assets be allocated? in an association study

illegal to wash?

How is it interpreted that the regulation states in the terms of certain

articles of the drug law?

Do you think a special regulation is needed, and who should be in charge of it?

What does it refer to?

How do you determine which part?

What is meant by persecution?

How can it be implemented a destination for the pursuit
this standard?

What does it refer to with said illicit?

Seizure and confiscation of assets of equivalent value

Durante la investigación de los delitos contemplados en los artículos 27 y

28 of this law, in those cases where as a result of acts or
the defendant's omissions could not lead to the seizure or any
precautionary measure on the assets that are objects or products of the
the court with jurisdiction in criminal matters that corresponds may
to decree, at the request of the prosecutor and by means of a reasoned resolution, the
seizure or any of the real precautionary measures established in the
law, regarding other property that belongs to the accused with a value
equivalent to that related to crimes, with the exception of those
Article 445 of the CPC declares what is unattachable.

Likewise, upon a request from a foreign competent authority,

carried out by virtue of a request for international legal assistance
for any of the crimes mentioned in the previous paragraph, a decree may be issued,
in the same terms expressed in the preceding paragraph, the confiscation or
real precautionary measures on assets equivalent to those
relacionados con el delito investigado.

In the event that a conviction is issued, and not having

seized or secured goods related to the crime but only those
of an equivalent value, the court with jurisdiction in criminal matters that
the corresponding authority may, in the same ruling, order the seizure of those
seized or cautioned goods in accordance with the provisions established in the
first item.

Secret of the investigation

Article 31.- The investigation of the crimes referred to in the articles
27 and 28 of this law shall always be secret for third parties unrelated to it.
procedure and also for third parties affected by an investigation
preliminary of the prosecutor. Regarding the defendant and the other participants,
The investigation will be secret when so ordered by the prosecutor, for a period of time.
a maximum of six months, renewable with the authorization of the guaranteeing judge,
for a single time and for the same term.

Only once the investigation for the offenses of articles 27 is formalized

And 28 of this law, the accused may request the judge of guarantees to limit
the secret regarding the pieces or performances covered by it.

These investigations will not be subject to the provisions of article 186.

of the Criminal Procedure Code, to the extent that its secrecy has been decreed
in the terms outlined in the previous paragraph.

Anyone who delivers or disseminates information of any nature about

the background of the investigation will incur in the penalty of minor imprisonment in
its medium to maximum grades. This prohibition and sanction will extend to the
employees who have participated in the investigation and to everyone else
that, in any case, informs, disseminates or discloses information relating to
an investigation and, indeed, the fact that it is being carried out.

Real precautionary measures

Article 32.- In the investigation of the crimes covered in the

articles 27 and 28 of this law, the Public Ministry may request
guarantee judge who orders any real precautionary measure that is
necessary to avoid the use, benefit, advantage or destination of
any kind of goods, values, or money derived from crimes
matter of the process. For these purposes and without prejudice to others
powers granted by law, the judge may decree, among others, the
prohibition of celebrating certain acts and contracts and their registration in
all kinds of records; retain in banks or financial entities
deposits of any nature; prevent transactions of
stocks, bonds or debentures; and, in general, anything that leads to avoiding the
conversion of illicit profit into activities that conceal or disguise it
criminal origin.

Proof of the crime of money laundering

What should be proven?

1. Typical behaviors (governing verb): Hide or disguise; acquire,
to possess, to have or to use.

2. Material object: Goods that are the object of the crime.

3. Illicit origin of goods: Evidence of the underlying crime. Art. 27 para. 4: No

a prior conviction is required and the typical and unlawful act
(not guilty), it can be established in the same trial for money laundering.
money.

4. Subjective type: The prior knowledge of the agent must be tested

the illicit origin of assets; intent to profit; negligence
inexcusable.

Some difficulties

• Typical laundering behaviors can be lawful in themselves.

deposit money in a bank, buy an asset, import, export, etc.

• It must be proven that the agent knew that the goods subject to the crime
stemmed directly or indirectly from the commission of a base crime.
How can an internal or subjective element of the agent be tested?

• The underlying crime may not necessarily be one but several.

a longer or shorter period of time.

• The direct evidence is not sufficient, and the proof of intent only
appears plausible through circumstantial evidence.

Non-appealability of Prior Convicting Sentence

Article 27 section 6: The circumstance that the origin of the referred goods
it is a typical and unlawful act of those indicated in letter a) of the subsection
first it will require a prior conviction sentence, and it may be established in
the same process that is substantiated to judge the crime typified in this
article.

Ruling 2° JG Santiago 12/10/07 (Microwashing):

FOURTH: (...) It is necessary to take into consideration that this

the sentencing authority considers that for the purposes of establishing the existence of the
money laundering crime, it is not necessary that, in this particular case
F.V. has previously been convicted of the crime of illicit trafficking of
narcotics or micro-trafficking, as the background provided by the
The Public Prosecutor's Office makes a conviction regarding the fact that it effectively
the money with which the vehicles were purchased, subsequently
registered in the name of the sentenced came from the illicit activity of
F.V.

The Indirect or Indicative Evidence: Concept

More than a means of evidence, it has been pointed out that it is a process of
evidentiary inference from indications, a form of reasoning
judicial where, based on the foundational fact or evidence, proven through
direct evidence, it is inferred or deduced another fact, limiting the judge by the
principles of logic, the maxims of experience and knowledge
scientifically established (Art. 297).

If, for example, the victim of a homicide had life insurance.

committed in favor of the suspect, along with other indications, could
serves to acknowledge your participation. In the case of money laundering, a sign of it
it constitutes unjustified wealth increase.

Admission of the Indirect or Circumstantial Test

1. Freedom of evidence: Article 295 of the Criminal Procedure Code allows for the proof of any

made with any test, as long as it is incorporated in

compliance with the law (for example, illegal evidence is excluded and the
impertinent test).

2. The circumstantial evidence as a method of inference: In this regard,

All the activity of the court goes through an evaluation, weighting.
and analysis of the test, both direct and indirect, so that
it would be pointless to discuss whether the CPP admits it or not, since it is
substantial to the evidential system regulates.

3. Senate CLJ and R Commission: "... To deduce from known facts others
facts are included within the freedom to assess the
test (...) For that reason, the Code does not use the word 'presumptions',
since, within the freedom to assess the evidence, they
found logically understood.

Elements and Guarantees

Elements:

Base fact or indication, proven with direct evidence;

Logical and causal nexus: Reasoning;

Fact that is considered proven by virtue of the evidence.

Procedural Guarantees:
The extensive jurisprudence arising from the Spanish Supreme Court has indicated that the

indirect evidence is not more insecure than direct evidence, on the contrary,
it has an additional guarantee that consists of a more thorough review of the
reasoning of the Court of Instance regarding the accreditation of
fact - consequence based on the base fact (Ruling No. 33/2005).

Circumstantial evidence

Judgment 2° JG Santiago 4/5/09 (The Uncle):

SIXTH: (...) Indeed, the mentioned evidentiary elements are

constitutive indicators, which, given the norms of meaning
common and the experience that one has about the way in which generally
things happen, and according to the rules of sound criticism, it is possible to consider
the facts subject to the accusation have been accredited and accepted
for the accused...

RELEVANT INDICATORS

1. Connection with any criminal activity (Base crime)

2. Asset Increase

3. Non-existence of a lawful activity that allows justification of the

capital increase

Ruling TOP Ovalle 23/10/07 (Yaupel):

SEVENTH: (...) Therefore, it was undoubtedly expected in this trial not

find direct evidence of the accused's intent as part of the criminal type.
In this way, the conviction has been generated from a series of activities and
objective conduct displayed by the accused.

FIFTEENTH: (...) In this way, the conviction has been generated of a

a series of activities and objective behaviors displayed by the accused, that
will be detailed below and are the basis of clues that finally
allow arriving at the conviction beyond any reasonable doubt,
as provided by article 340 of the Criminal Procedure Code.
Ruling 2° TOP Santiago 08/18/08 (Pillar of the North):

SIXTEENTH: (...) In the same sense is the mentioned one

Professor Héctor Hernández Basualto, who indicates in this regard that it is governed by
so, also for proof of fraud, particularly in its aspect of
knowledge of the criminal origin of the assets on which it falls
behavior, and this without any need to appeal to the norm contained in
the paragraph 3 of article 3 of the Vienna Convention against the illicit trafficking of
narcotic drugs and psychotropic substances, which, as is known, is the matrix
international typifications of the crime of money laundering (...)
Adding that the main difficulty faced by the proof of intent
regarding the crime of money laundering lies in its characteristics
objectives of typical behavior, specifically in its character
relatively neutral, apparently lawful. As has been said, intent is
collect from the objective circumstances of the fact, which does not matter further.
difficulties when the behavior itself, due to its more or less appearance
vehemently illegal, suggests intent.

Jurisprudential evolution

Finally, as already mentioned, the allegation that the

rental contracts provided by the accused Sepúlveda, to Bank xxx,
would be simulated and configurative of the money laundering activity, all
since the purpose of the presentation was to obtain a mutual agreement -
what was achieved - what could eventually constitute an infringement of
the banking law, but not a trick intended to conceal money from
of the traffic.

That same reasoning can be analogously applied to the purchase of

the properties that were acquired in the stated period; to the
bank money transactions for international remittances via SWIFT
that were received in Chile in the name of Patricio Gálmez or the company
Kristel Foods; to those that were made through the cards
bank accounts of German origin belonging to the accused Patricio Gálmez
had an additional one that it managed in the national territory, debiting its
expenses directly in a checking account of a German bank whose
the holder was his brother Arturo Gálmez

In this line of thought, the court established with the evidence of

Position that Mrs. Marcela Grez provided her checking account for the purpose of
Franka deposited money that according to her statements came from three
sources, the first, private consulting due to her profession as an accountant
Auditor, the second, of the participation in a school that was
riding with Horacio Escobedo, a person that Ms. Marcela located
and who also shared the same faith, and finally the creation of a
transport business between her and two of her brothers.

It is proven that Marcela did not thoughtlessly provide her account, but rather
according to what Franka and Marcela have stated on several occasions, that she
He asked her about the origin of the money, and he was always given explanations.
similar.

Prior to the year 2002 and subsequent to it, the accused Sandra
Aránguiz invested and deposited the money obtained from the sale of
narcotics, in real estate and in savings accounts primarily,
to hide monetary resources that came from a spurious source;
illicit trafficking of narcotics, an activity that was formally unveiled on the 27th
May 2008.

So, will it be enough to say; that the union of a drug trafficking carried out by
a third party linked to a partner who owns a company that has a
disorganized accounting is enough to already be on the way and course to
a Money Laundering?; the answer is double; first: such a situation yes
could represent a suspicion or a primary background that would be
in the presence of Money Laundering or a tax offense, and
it is not enough to link the money from trafficking with the disorder
accountant, it is necessary to clearly and precisely indicate the assets and
suspicious games, those that are not.

That the court will accept the defense's request for the acquittal of the accused
Arancibia Salech is charged with the crime of Money Laundering,
described and sanctioned in article 27 letter a) of law 19.913, whenever
that the burden of proof, brought to trial, in relation to the conduct
described in that type of offense, are not met by the actions of
this accused, which is part of the conduct of trafficking,
constituting the purchase of movable and immovable property as a way of
exhaustion of the crime, by using it for their own benefit and that of their family,
produced such criminal activity, some of which were even
used as instruments of the crime, so that, to sanction the
referring to the accused as the author of such an offense would mean affecting the principle
of not twice in the same.

The most determining signs must consist of:

a) First of all, in the unusual increase of wealth or management

of amounts of money that due to their large amount, dynamics of the
transmissions and dealing with cash reveal operations
you miss ordinary business practices.

b) Secondly, in the absence of lawful businesses that

justify the increase in assets or monetary transmissions.

c) Thirdly, in the ascertainment of some link or connection with

activities related to drug trafficking or with individuals or groups
related to the same.

In other words, the intent of the active subjects can be proven through
from the interpretation of the behaviors and actions that will show to
length of the investigation, without the need for a manifestation
expresses the individual's mood in relation to wanting to "clean" the money
own or others, interpretation that will naturally be made under the shelter of the
logic and maxims of experience.

That is why he used his partner to make that money taxable and
will officially be considered as arising from a lawful activity, hiding
or thus disguising the existence of funds obtained illegally to
make them look legitimate, and for these purposes the accused transformed to
Fabiola Quintana in an informal mandate to hire
her name in order not to have him appear in public life.

CS / Resource 8605/2009 - Resolution: 33655 / ninth of September

two thousand ten.

THIRD: That the remaining allegations made by the appellant in cassation

the form makes in its writ, exceed the prescriptions of that type of
means of appeal, as the defense attorney elaborated on the fact that
the principle of execution of the crime would have been one different from the one indicated
in the case and that, as a consequence of this, all would have been sanctioned
accused of violating a law that did not exist at that time.

These arguments have no correlation with the cause of nullity that

was invoked, and it corresponded to the absence of a requirement of the judgment the
that, as already mentioned, is saved.

As noted from what has been expressed, it was demonstrated that the offense of
money laundering or asset laundering took place starting from the year 2004, while
What about the traffic? It is not the reason for this investigation - it would have been.
committed? at least since that same year? First it was drug trafficking
and then, the laundering of the money received from that illegal activity, from
thus the protest of the appellant exceeds the grounds of
the formal invalidation that was put forward goes against the facts
irrefutably established in the instance respective.
The noted defects lead to the rejection of the filed appeal.

CUARTO: Que por el recurso deducido en defensa de Luis Eduardo

Romero Gálvez, the first cause of article 546 of the Code was invoked.
Criminal Procedure, alleging violation of articles 17 No. 1 and 11 No. 9,
both of the Penal Code.

Regarding the first rule mentioned, the defense claims that the
the intervention of your represented party in the events could not be classified
of authorship, but only of concealment, since he knew Pedro Lovera
Ayca and her partner due to having repaired a truck and that
then they started joint commercial activities, which resulted in
of his trade as a welder and, later, as an administrator of a piece of land that
rented to store the trucks of Transulov. When Lovera fell.
arrested for drug trafficking, continued to be in contact with him and his partner, but
for businesses started previously and for which he assisted Judith
Oyaneder in the purchase of some trucks. He also claims that only
there is a phone call in which it is mentioned in the sense that
he had the account details where the money had to be deposited for the
acquisition of the trucks, but that account was not theirs.

CS / role 28.099-14 /

Tenth: That prior to the analysis of the invoked grounds for cassation is
It is convenient to remember the facts that the court of the instance declared.
as tested.
Manuel Fuentes Cancino has been serving a 10-year sentence since 2001.
years and 1 day of major imprisonment in its medium degree as a ruling of the crime
of illicit drug trafficking.

b. After the bankruptcy of the Jaime Camhi Ramírez car company -

Camare Autos - on May 18, 1998, it was established
Camhi Automotive Society Ltd. with a capital of $9,000,000, being
his partners Samuel Ben Chain, David Moises, and Jaime Samuel, all,
Camhi Espinoza.

c. Manuel Fuentes Cancino joined the Camhi Automotive company

Ltd, illicitly obtained capitals that came from their
activities in drug trafficking, with the aim of financing the activities
commercials of the same, money that was delivered in cash, to
interior of boxes and in quantities ranging from five to twenty
millions, capital that was justified through simulated sales and
fictitious loan contracts.

d. A large part of the profits, generated as a result of the sale of

vehicles, it was withdrawn in cash and checks by Mónica
Gómez and Jessica Fuentes, with the latter removing a vehicle brand
Subaru, Impreza model, that never paid.

Mónica Gómez Vega performs housework. Registers in her name.

a property located on Medinacelli Street, Las Condes commune;
commercial premises on Carmen street, Santiago commune; a
apartment on San Nicolás street, San Miguel commune and a
lot in the Lake Rapel area, the latter having been sold in the year.

In addition to the properties, deposits are recognized in their name.

dollars in the Bank of Chile and loans to Jaime Camhi Ramírez for
$29,000,000.

f. Jessica Fuentes Gómez acquired two vehicles in 1998, one brand

BMW and another Chevrolet, model Cavalier; the year 2002 a department
in the Ñuñoa commune, in addition to depositing the sum of $20,000,000
in his checking account, deposit that is reiterated the following year for the
sum of $10,000,000.

Also, in the year 2004, it rents a commercial premises in the municipality of

Ñuñoa.
 Fuentes Gómez, during the period from 1998 to 2004, records activity
work as a secretary at Automotriz Camhi Ltd.

It was financed with funds provided by Manuel Fuentes Cancino.

installation of a restaurant, which once the company is closed
automotive began to receive the total amount of money sent by
that person.

h. Eduardo Announcement Love me Diaz, Juana Soledad Gómez Vega and Milka
Romina Amame Gómez could not prove income to acquire
los inmuebles que poseen, como tampoco los dineros con los cuales
they acquired vehicles, nor the hiring of unsecured loans.

These facts were estimated to constitute the crime of money laundering.

provided for and sanctioned in article 27 letters a) and

b) of Law No. 19,913, as a consequence of agents, knowingly

that certain goods, values, and money were obtained from the
perpetration of acts constituting one of the crimes
contemplated in Law No. 19,366, participated or collaborated in its use,
concealment, possession or holding.

CS / role 28.099-14 / Considering XI (concealment or disguise)

Thus, the sentenced Jessica Fuentes Gómez having transported the money
in cash, obtained from drug trafficking and that was injected into the company
Camhi Ltda. automotive; participate in simulated loan contracts,
through which they wanted to justify money transfers; and,
acquire assets with said capital, funds that were otherwise contributed
by Manuel Fuentes Cancino, has participated directly in the commission
of the offense for which she was sanctioned.

Regarding the appellant Mónica Gómez Vega, it has been

proven that he had direct participation in the commission of the crime by the
which was sanctioned, as it was part of the management of the society that
It is used as a vehicle for investment of money obtained from drug trafficking.
with the aim of laundering those funds, but also benefited
directly from that action, a circumstance that is precisely one of the
hypothesis that describes the previously mentioned criminal type.

Allegation regarding the fact that the criminal type of article 12 of law 19366 does not
it includes culpable figure
RUC 1300384594-4 (WASTE CASE)

During the years 2011 and 2012, he/she carried out, with the money obtained directly or
indirectly from the awarded bidding process, investments of
purchase and sale of foreign currency for a total of $193,690,020. The
investments do not match the income declared by Gerardo
Escalona. Indeed, according to the information provided by the Service
from Internal Revenue, the accused declared income totaling
$14.075 in the year 2011 and $0 in the year 2012, and its only purpose was to hide or
conceal, through the use of a currency, the illicit origin of
certain amounts of money.

In this way, the evidence collected during the investigation

allow us to conclude that the funds from corruption crimes
publicly described, were subject to various maneuvers carried out by the
imputed with the purpose of hiding or disguising its true origin, and of
this way giving them a certain appearance of legality or justification
commercial that would allow them to ultimately take advantage of these profits without
fear of controls or inspections of any nature.

The accused served as a frontman for Marcelo Torres, appearing

formally as a partner in a company in which I had none
function, nor real commercial activity and whose purpose was to serve as
instrument for the awarding of public tenders that were
executed and whose profits or surpluses were through the same
company that received payments from the Municipality, re-entered to the
individual assets of both defendants

RUC No. 1200084351-0, RIT No. 4799-2012. Case CNA

SIXTH: That consequently, the appreciation of the Ministry is shared.

Public, in order to classify the acts as the crime of Money Laundering
from article 27 letter a) of law 19.913, repeated offenses of bribery,
influence peddling and revelation of secrets, provided for and punished in
Articles 248 bis, 240 bis and 246 first paragraph of the Penal Code, crime
tax provided for in article 97 number 4 first paragraph of
Tax Code, bribery crime of Article 250 of the Penal Code in
relationship to article 248 bis of the same Code, also in relation to
Article 1 of Law 20.393 that sanctions the Criminal Liability of
Legal Entities.

RUC: 1410025253-9 RIT: 8347 - 2014

Facts: "From the year 2009 until 2016, the accused Jaime Orpis
Bouchon, en su calidad de Senador de la República, cometió los delitos
repeated tax frauds of Article 239 of the Penal Code, in
together with Carolina Isabel Gazitúa Larenas, Lorena Lara Saldías, Javier
["Jara Cáceres","Mario Candia Zlatar","Bárbara Molina Ellies","Blenda Huss"]
Maillard and Raúl Lobos Torres. These frauds occur in the
context of the hiring of Gazitúa, Lara, Jara, Candia, Molina,
Huss and Wolves, those that were decided and determined by the senator.
Orpis as a pretext to provide support for his parliamentary function. Due to
these hires, payments were made that were supported by the
Tax in Chile in exchange for the provision of personal services
nonexistent or overvalued, generating the corresponding harm
state. In this context, the accused Blenda Huss Maillard, María
Viviana Quiroz Ruiz and Marianela Ovalle Henríquez executed a set of
maneuvers that concealed and disguised the illicit origin of the funds
coming from the repeated commission of the crime of tax fraud. In
effect, the money received by the contracted defendants was delivered, total
or partially, to the accused Orpis, sometimes directly, but, in
other opportunities, the refund was made indirectly, to
effects of hiding and concealing their illicit origin, through a set of
triangulation maneuvers implemented by Huss Maillard, Quiroz Ruiz
and Ovalle Henríquez. The illicit origin of this money, that is, that it
came from the damage caused to the State by Senator Orpis in
together with the co-defendants in the tax fraud, was hidden and
disguised through consistent maneuvers, in a first stage, in
deliver, transfer or deposit all or part of the payment received for the
contracted defendants, and which was supported by the Treasury of Chile, to the
Blenda Huus, María Viviana Quiroz, and Marianela Ovalle are charged. In this
last case, once received by Ovalle, part of the funds coming from
from tax fraud were transferred, in turn, to the co-defendants Huus
and Quiroz, in this way, when resorting to deposits or transfers, is
used the formal financial system, to which money was deposited
originating from public corruption.

RUC 1400637392-6, RIT 6.873-2014 (PENTA Case)

During the aforementioned period, Iván Álvarez Díaz agreed to receive from
from Hugo Bravo and Marcos Castro, directly or through Jorge Valdivia,
various amounts of money, in exchange for carrying out acts in violation of
the duties inherent to his position as a auditor of the SII...
FOURTH: That with the background and the verbal accusation, and considering the
reasoned previously, in the opinion of this judge, the facts
related constitute the crimes of Passive Bribery provided for in the
article 248 bis of the Penal Code, in a repeated manner, to the degree of
consummated development, the crime of Money Laundering, classified in the
article 27 letter a) of Law No. 19,913, in a state of completed development,
and tax offense described and punished in article 97 No. 4 paragraph
third of the branch code, in the character of reiterated, at the degree of
consummate development and in each and every one of the criminal figures it
the accused is involved as an author according to the provisions.
in article 15 number 1 of the Penal Code.

Fact No. 3: "That the accused, Ángelo Israel Stevens Aguilera, along with the
other defendants, knowing that certain money and assets
came directly or indirectly from the repeated commission over time of the
crime of fraudulent acquisition of credits, carried out through or within the framework
of the criminal program of a criminal organization that both led, and
was formed through the company Fuentealba Propiedades and
Asociados Ltda., RUT No. 76.206.222-4, concealed or disguised its origin
illicit through various actions, as well as acquired, possessed,
they had and used assets of the same origin, with the intent of profit. That the
base or preceding crimes of money laundering are contained in the figure
described and penalized in article 160 of the decree with the force of law No. 3,
from 1997, of the Ministry of Finance, General Banking Law, called
fraudulent obtaining of credits. This offense, as already described
in detail, was committed by the defendants since at least
beginnings of April 2012 and up to the date of their
detentions, occurred on July 10, 2013, as part of or in the context of
criminal program of an association dedicated precisely to the commission
of this crime, formed and structured around a company that
formally declared to be engaged in property brokerage.