The Mayor of Guayaquil, Aquiles Alvarez, has been found guilty as a direct author of illegal hydrocarbon marketing and sentenced to six years and eight months in prison by an Ecuadorian criminal court.
Judge Jorge Sánchez read the resolution on Saturday on behalf of the Penal Guarantees Tribunal handling the high-profile Triple A case. The court determined that Alvarez used his role as legal representative, president, and majority shareholder of Copedesa, Corpalubri, and Ternape to intervene in the investigated fuel operations.
Documentary evidence provided by the Prosecutor Office, alongside testimony from officials at the Superintendencia de Compañías and the Servicio de Rentas Internas tax authority, proved Alvarez maintained complete control over the companies. Witness testimony also showed that Alvarez and his brothers reviewed profitability reports, knew of the operations, and directed the illegal fuel swapping scheme.
Guayaquil is Ecuador's largest city and major economic port, while the Servicio de Rentas Internas serves as the nation's primary revenue authority. The Superintendencia de Compañías is the federal body responsible for supervising commercial corporate structures across Ecuador.
Sánchez said money from the illegal transactions entered Alvarez Henriques's personal bank accounts, demonstrating his direct economic benefit. The judge stated during the reading that Alvarez was not a simple administrator, but actively organized the crime, controlled access, and directed the corporate apparatus so fuels were sold in unauthorized commercial segments.
Prosecuting parties in the case stated that the unlawful fuel marketing scheme caused more than $61 million in financial damage to the Ecuadorian state.
Direct Authors Convicted in Fuel Diversion Scheme
The tribunal also convicted Raúl Arnoldo Zambrano as a direct author of illegal hydrocarbon marketing. Judges ruled that Zambrano held direct control over funds and used his service station to obscure the drainage of fuel into illicit markets through fraudulent invoicing.
Juan Dionisio Araujo was declared a direct author after the court found that evidence established his participation in selling large quantities of fuel to commercial enterprises.
Edgar Moisés Flores was found guilty as a direct author for diverting fuel from the La Chilca service station. The tribunal noted that Flores engaged in repeated sales that exceeded legal customer quotas, breaking the state regulatory framework.
Edgar Edmundo Campoverde was also convicted as a direct author. Financial expert testimony demonstrated that Campoverde issued checks totaling around $10 million to Copedesa for fuel marketing and subsequent diversion, acting as a tactical operator executing the payments.
Accomplices and Role of Company Accountants
The court identified several corporate accountants as accomplices who facilitated the illegal operations. Lady Cedeño, accountant for Ternape, was convicted as an accomplice after judges determined her work was necessary to grant legal appearance to the transactions, noting the scheme could not have run the same way without her participation.
Jessenia Vélez, accountant for Corpalubri and Indudiésel, was declared an accomplice for using her technical control over cross-invoicing between different business segments to falsify accounting records in support of Alvarez's scheme.
Carolina del Rocío Troya, accountant for Fuelcorp and the San Francisco service station, was convicted as an accomplice for creating invoices that gave legal appearance to gasoline sales made without recording mandatory buyer vehicle license plates, omitting required traceability records.
José Avellán was also convicted by the tribunal as an accomplice for his involvement in the illicit fuel network.
Acquittals, Statutory Aggravators, and Fines
The tribunal ratified the innocence of six other individuals after ruling that prosecutors failed to prove their involvement in the alleged criminal plan. Fausto Vaca Gonzaga was acquitted after judges found his service station operated lawfully with no fraudulent invoicing, while Rosa Marbella Ortiz González was acquitted when judges concluded no crime occurred despite a financial report noting a gallon discrepancy in fuel records.
Gloria Salazar was declared innocent because her actions were limited to standard accounting and administrative functions. The court also cleared Juan Carlos Arias Tapia, María Elissa Criollo, and Olga Ortega, ruling that prosecutors did not establish that they knew of the criminal operation.
In establishing sentences, the tribunal applied statutory aggravating factors due to the involvement of two or more people, which under Ecuadorian law increases the maximum penalty by one third. Citing extreme damage to the state, judges ordered all direct authors to serve six years and eight months in prison.
Accomplices Lady Cedeño, Jessenia Vélez, Carolina Troya, and José Avellán were each sentenced to two years, two months, and 20 days in prison. In addition, each direct author was ordered to pay a fine equal to 12 unified basic salaries, while accomplices must pay four unified basic salaries each.
