Prosecutor closes Fosvoc fraud case, senator criticizes investigation's direction

The Prosecutor's Office for Economic and Complex Crimes has archived the investigation into an alleged fraud scheme targeting the Construction Workers' Housing Fund (Fosvoc). This decision follows the conviction of three individuals – Bruno Bertolio, Santiago Bernaola, and Víctor Rivero – who had previously accepted responsibility through an abbreviated agreement.

These three were sentenced for embezzlement, fraud, criminal association, and aiding money laundering. They have since been granted early release after demonstrating progress within the penitentiary system. They were also expelled from the National Union of Construction and Affiliates (Sunca), which, along with the Chamber of Construction, had initially filed the complaint to investigate the disappearance of funds from the housing support program.

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The investigation managed to prove that there were no diversions to the PCU or Sunca, something our members have been saying for over a year.

During the investigation, current senator Óscar Andrade, general secretary of the Communist Party (PCU), and deputy Daniel Diverio, former Sunca leaders, were implicated by the accused. The prosecution had investigated whether the scheme aimed to finance the union or the PCU.

However, this specific objective was not proven, leading prosecutor Gilberto Rodríguez to archive the case without further indictments. In a press conference, Andrade emphasized that the investigation confirmed no funds were diverted to the PCU or Sunca, a claim he stated had been consistent for over a year.

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The investigation was diverted after the abbreviated agreement that the Prosecutor's Office reached with the accused, and it was decided to follow the trail given by the criminals.

Andrade expressed regret that the investigation was "diverted" by the abbreviated agreement with the accused, suggesting the prosecutor chose to "follow the trail given by the criminals" rather than pursuing the original line of inquiry. He noted that victims, represented by the construction union and chambers, preferred continued investigation over the abbreviated agreement.

He asserted that various bodies, including Senaclaft (the National Secretariat for the Fight Against Money Laundering) and the Court of Auditors, found no evidence of wrongdoing by the PCU or Sunca. Andrade concluded that the PCU's electoral finances in 2024 were the most audited in the country's history, despite a campaign that lacked advertising agencies or television time. He lamented the lasting damage caused by the accusations, stating, "When they throw a large bucket of garbage at you, even if they clean some of it later, some smell remains. A part of the damage is done."

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When they throw a large bucket of garbage at you, even if they clean some of it later, some smell remains. A part of the damage is done.