Lawyers Eduardo Carmigniani and Carlos Almeida have been declared accomplices in bribery by a panel at Ecuador's National Court of Justice over illicit payments connected to the Sinohydro hydroelectric project.
The ruling was delivered on Friday, August 28, as a first-instance verdict in the ongoing prosecution into $76.1 million in bribes paid during the awarding and financing of the Coca Codo Sinclair hydroelectric dam.
Judges Manuel Cabrera, Daniella Camacho, and Julio Inga previously ruled that former Vice President Lenín Moreno and businessman Conto Patiño were direct authors of the bribery offense. The tribunal also established criminal liability for several other individuals connected to Patiño's family and commercial network.
The National Court of Justice, located in the capital of Quito, serves as Ecuador's highest tribunal for ordinary criminal matters. Under Ecuadorian penal law, bribery charges, known as cohecho, carry penalties for both public officials and private intermediaries involved in illegal payments for government contracts.
Negotiations and financial transfers
Regarding José Eduardo Carmigniani Valencia, the tribunal concluded that his involvement in the bribery scheme constituted complicity. The Attorney General's Office linked the lawyer to Conto Patiño's family and business group, stating that he participated in negotiations with Chinese firm Sinohydro.
During the court proceedings, Ítalo Centanaro, the former general manager of Coca Codo Sinclair, testified that Carmigniani took part in negotiations involving the Chinese contractor. Prosecutors stated that Carmigniani received financial resources stemming from the scheme following his involvement.
Financial tracing presented during the trial identified transfers exceeding $3 million directed to Angeles Finance, an entity linked to Carmigniani. Additionally, a firm controlled by the lawyer received $250,000 from María Auxiliadora Patiño, the daughter of Conto Patiño, alongside further bank transfers originating from accounts tied to the Patiño family.
Evidence introduced during the case showed that Carmigniani held corporate power of attorney related to these transactions starting in May and July 2010. Records showed payments began in 2011, initially arriving from María Auxiliadora Patiño and later through Recorsa, a company represented by Conto Patiño.
Prosecutors argued that Carmigniani derived direct economic benefits from funds supplied by Sinohydro and used his position within the network to channel those money flows. Based on those evidentiary elements, the judicial panel convicted him as an accomplice to bribery.
Advisor role and offshore funds
Carlos Almeida was also convicted as an accomplice to the bribery offense. Almeida previously served as an advisor to Lenín Moreno during Moreno's tenure as Vice President of Ecuador. Moreno served as vice president from 2007 to 2013 before later serving as president from 2017 to 2021.
The Attorney General's Office stated that Almeida consciously cooperated in executing the crime and formed part of the corporate infrastructure used to move funds linked to the Sinohydro bribes. Records presented in court established that Almeida received approximately $1.4 million through direct bank transfers and personal checks.
An additional $1.8 million was funneled through Carfal Corporation, an offshore entity registered in Panama. The tribunal also scrutinized Almeida's involvement in a transaction concerning the sale of an apartment in the Las Cumbres building, integrating the deal into the financial tracking of the illicit money.
Prosecutors maintained that Almeida collaborated closely with Conto Patiño's group to execute financial transfers designed to disperse bribe money and complicate attempts by authorities to trace its origin.
Sentencing and upcoming penalties
The tribunal has yet to finish reading the full written judgment and determine the specific prison terms and penalties for each convicted party. Judges will set the final sentences after concluding the formal assessment of each defendant's degree of participation.
