Tegucigalpa, Honduras.
The Superior Court of Accounts (TSC) shipped yesterday another reportl Public Prosecution Service with evidence of criminal responsibility in shopping carried out by the standing emergency committee (Copeco) to attend the health emergency due to Covid-19.
The inconsistencies found are derived from purchase and storage of mechanical fans performed by Copeco. From the analysis of the evidence gathered, the TSC found sufficient merits to submit a new report to the Member of Parliament as it is the entity constitutionally empowered to carry out public criminal prosecution before the respective courts, involving the corresponding crimes are classified.
This report was accompanied by an official letter addressed to Attorney General Óscar Fernando Chinchilla, making the formal delivery official for the corresponding legal effect.
According to the TSC, this report contains elements to prove the existence of criminal liability, which will serve as support for the prosecution.
Findings
The special investigation into purchases and their storage to deal with the national emergency due to Covid-19 included the review of operations, records and the supporting documentation presented by Copeco, with an emphasis on the purchase of 90 cough relief kits. , 90 batteries, 90 fans: including tube, mask and battery; as well as the purchase of 40 fans, 90 cough relief kits and 90 batteries.
The TSC report also states that with respect to the purchase of the equipment, the supplier submitted invoices to Copeco for $ 2,280,410.00 (approximately 56.3 million lempiras at the change at the date the transfers took place) contrary to laws and regulations, provisions of internal control and established administrative procedures that, in accordance with what has been demonstrated, identify damage to the health and economy of the country, as these expenditures far from offset the health crisis caused by Covid-19, so that it was not attacked in proper.
Also read: Discovered “mascarillazo” in Copeco for L29.2 million
During the investigation, the special audit committee assigned to Copeco by the TSC found a series of inconsistencies that amount to conduct with indications of criminal liability when purchasing and receiving mechanical fans, batteries, and cough auxiliary equipment.
The TSC assures that Copeco has made the purchase of medical breathing equipment from a company called “International Equipment, Inc”, which, according to the documentary record, is headquartered in New York City, United States.
The first bill No. 14742, dated March 9, 2020, corresponds to the purchase of 90 cough relief kits and 90 batteries, at a cost of $ 377,910.
The second No. 14745, dated March 12, 2020, refers to the purchase of 90 fans, including hose, mask and battery, for a value of $ 904,590.
The Third Bill No. 14748, dated March 16, 2020, corresponds to the purchase of 40 fans, 90 cough relief kits, and 90 batteries, at a cost of $ 997,910.
After reviewing the supporting documentation for the purchase described above, alleged inconsistencies were discovered in the acquisition and receipt processAmong them, there is no request from the Ministry of Health expressing the need to purchase this medical equipment.
The TSC found that the powers were falsely assumed by the Copeco secretary and the administrative and financial management of said entity, without taking into account
with the advice of the Ministry of Health, in violation of the law of the National Risk Management System (Sinager).
The same, Some legal, technical and administrative requirements were not met Before and after the purchase process was carried out, in this case it was not verified whether or not the company was suitable to enter into a contract with the state of Honduras, the certified affidavit of the foreign company was not requested nor verified that he had economic solvency and financial standing, either to manufacture or to supply the acquired medical equipment.
No acquisition contract has been drawn up, signed or approved of the goods, nor was one order to establish and fully safeguard the rights of the state against the contractor. This situation meant that the technical and legal requirements necessary for acquisitions were not regulated or guaranteed, such as place and delivery times, prices, fines for non-compliance, cases of force majeure and accidental events, conflict resolution, etc.
That was verified before the goods were received a preliminary or final delivery report has not been drawn up As the purchase never reached Copeco, it was delivered to Health representatives and distributed to the medical units by the Honduran Air Force.
Further: Public Prosecution Service investigates Copeco’s emergency purchases
AND; report also notes that no offers have been made At other companies, no guarantees were given regarding the retention of the offer, the performance of the contract and the quality in relation to the purchases made, as neither a contract nor a payment order was drawn up for the administrative procedure.
Contract directly was not approved by executive agreement also from Copeco the TSC was notified As required by law, Copeco also did not verify that the company was fit to contract, therefore it did not assure that the supplies or goods it would provide met all quality and required technical specifications.
The TSC investigation found that mechanical fans were purchased despite warnings issued and distributed by the United States of America’s Food and Beverage Administration (FDA). Likewise, during the audit, alleged negligence was found in the purchase of mechanical fans because they were incomplete, as, according to technical reports from several hospitals, certain accessories and essential supplies were missing, causing problems to function properly. immediately into the pandemic.
This apparent irregularity in purchasing as a result of the emergency resulted in the State disbursing additional funds of L.4.602.075.00 for the purchase of the missing accessories. This purchase was delegated to Inversión Estratégica de Honduras (Invest-H).
In the course of the audit, it was verified, according to reports from the Ministry of Health and the directors of hospitals in the different regions of the country, that some fans never came into operation and others were housed in hospitals because they did not meet expectations for the management of covid-19 and others due to the lack of accessories and supplies.
Ventilators and cough suckers were found not to meet the technical specifications for the care of covid-19 patients and medical personnel advised against their use. It has been verified that the invoices supporting the transaction are not original and have some inconsistencies as they do not have any stamps and signatures of the issuing company, nor was the address of the www.partnersmedicalsupplies.com webpage found, nor was the email “Info @ partnersmedicalsupplies .com”, described on the invoice.
In the payment file, it was determined that the invoices supporting the transaction are in the name of Partners Medical Supplies, Inc, dba: City Stair Lift company and that payment was made to the company International Medical Equipment, LLC.
Finally, a shortage of 104 cough relief kits and 84 batteries was identified, representing a loss of $ 358,696.00.
The TSC report provides a textualization that the established facts are contrary to, inter alia, the Constitution of the Republic, the Law on the Contracting State and its Regulations, the General Provisions of the General Budget of Income and Expenses of the Republic of the year 2020, the Organic Budget Act, Implementing Decree number PCM 005-2020, the Administrative Procedure Act and the Sinager Act.