El Faro Latino accuses the JCE of obstructing an investigation into the alleged embezzlement of electoral funds for the 2024 elections abroad.

New York: The U.S. newspaper El Faro Latino accused the Central Electoral Board of the Dominican Republic (JCE) on Tuesday of obstructing an ongoing investigation, initiated on October 21 by the newspaper, into alleged embezzlement of electoral funds allocated to cover the costs of the 2024 Dominican elections abroad. As a result, the newspaper has authorized a team of lawyers composed of Dr. Fanny Castillo Cedeño and Attorney Margarita Martínez, both lawyers in the courts of the Dominican Republic, to file a legal action on behalf of Esteban Cabrera and the El Faro Latino Media Group, Inc.

The legal process will occur against the JCE and its executives in the coming days through a legal action before the National Superior Administrative Court, including an astreinte (penalty) to compel the JCE to deliver each requested document.

On October 21 of this year, El Faro Latino requested the Unified Public Access to Information Portal (SAIP) under Law 200-04 and its implementing regulations, which were approved under Decree 130-05.

The request sought various documents, including the general budget allocated to cover the costs of the Dominican elections abroad, specifically in the 35 Electoral Logistics Coordination Offices (OCLEEs). However, the JCE delayed the process using the deadlines established by law and did not provide the required documentation in full (See initial request):

On November 11, 2024, Esteban Cabrera and El Faro Latino received an email request signed by Attorney Luis Rafael Vilchez Marranzini, the JCE’s Director of Access to Information. In the email, the JCE notified them that it invoked Article 8 of Law 200-04 on Free Access to Public Information because the requested information was still unavailable in their offices.

The spirit of Law 200-04 establishes that all information requests must be answered within 15 business days. However, the law includes an exception that grants an additional ten business days, provided the requester is notified. (See first communication from the JCE):

According to El Faro Latino, the JCE deliberately withheld or failed to provide most requested documents, which could contain evidence of the alleged embezzlement.

Among the documents not delivered are:

• Point A: Electoral Budget for Abroad.
• Point B: Transfers or disbursements of funds to the OCLEEs.
• Points C, E, and F: Details of expenses and supporting documentation for the funds used.

«We are holding accountable the members of the JCE’s Plenary: Román Andrés Jáquez Liranzo, President of the Central Electoral Board 2024-2028; Dolores Altagracia Fernández Sánchez, Full Member; Samir Rafael Chami Isa, Full Member; Hirayda Fernández Guzmán, Full Member; and Rafael Armando Vallejo Santelises, Full Member. Also, Well Sepúlveda, Director of the Dominican Vote Abroad at the JCE, and  Luis Rafael Vilchez Marranzini, Director of Access to Information at the JCE.»

The investigation also includes the JCE’s Financial Directorate through the JCE’s Procurement and Contracting Committee, which is composed of Luis A. Mora Guzmán, who presides; Bilbania Batista, Administrative Director; José Cuello de la Cruz, Financial Director; Joel Lantigua, Director of Planning and Development; Denny Díaz Mordán, Legal Consultant; and Elizabeth Amaro, Coordinator.

«This legal action aims to hold them accountable for using delaying tactics that have obstructed an ongoing investigation into the alleged embezzlement of funds meant for the 2024 Dominican elections abroad,» said Esteban Cabrera.

«We are authorizing our legal team in the Dominican Republic to represent Esteban Cabrera and El Faro Latino Media Group, Inc. in a legal process that will take place in the coming days against the JCE and its executives through an action before the National Superior Administrative Court, with an astreinte included, to compel the court to order the JCE to deliver each of the requested documents,» added Esteban Cabrera.

On December 10, Esteban Cabrera and El Faro Latino received a second communication, dated December 6, in which Vilchez Marranzini again reported that, according to information from the JCE’s Financial Directorate, they were responding to the request, implying that they had delivered the requested documents. However, the response was a diversion, as it excluded critical and essential documents needed for the forensic investigations of the newspaper. (See the latest communication):

This is a developing story; please return to this newspaper for further updates.