{"id":2422,"date":"2016-03-29T11:08:00","date_gmt":"2016-03-29T11:08:00","guid":{"rendered":"https:\/\/armando.info\/?p=2422"},"modified":"2016-03-29T11:08:00","modified_gmt":"2016-03-29T11:08:00","slug":"cruz-weffer-the-chavista-general-who-disembarked-in-a-tax-haven","status":"publish","type":"post","link":"https:\/\/armando.info\/en\/cruz-weffer-the-chavista-general-who-disembarked-in-a-tax-haven\/","title":{"rendered":"Cruz Weffer: The Chavista General who disembarked in a Tax Haven"},"content":{"rendered":"\n

Residents \r\nof Juan Manuel Cajigal home residency, located in the San Andres area of the \r\npopulated El Valle parish of Caracas, complain about the problems affecting \r\ntheir homes since they were built in the dawn of the self-styled Bolivarian \r\nrevolution: leaks, lack of water, overcrowding and unfinished works. The \r\napartments, built by the National Housing Institute, Inavi, one block from El \r\nValle Metro station, were part of the first major project of Plan Bolivar 2000, \r\na civic-military alliance launched by the then President Hugo Ch\u00e1vez during the \r\nfirst year of his government, with the promise of directly serving poor families \r\nthrough various services: popular markets, street repair, medical care and \r\nconstruction of popular housing.<\/p>\n\n\r\n\n

On \r\nJune 6, 1999, in the Al\u00f3 Presidente (Hello President) program number 2, which \r\nwas back then broadcasted on Radio Nacional de Venezuela station, a willful \r\nCh\u00e1vez announced the construction of the first 128 popular homes in the San \r\nAndr\u00e9s area through the merger of State institutions \"in order to prevent \r\nanarchy and corruption.\" Also, the recently elected president stressed that for \r\nthe construction of 1,424 apartments in El Valle area of Caracas and another \r\n1,800 in Valles del Tuy in Miranda, 20 billion bolivars (33 million US dollars \r\nat the time) would be invested, and that only to start the first year, 7 billion \r\nbolivars (11.5 million dollars) had been approved. \"That is part of the Plan \r\nBol\u00edvar 2000, in which I take a chance on life,\" said the former president when \r\nthe so-called Fifth Republic was in full expansion.<\/p>\n\n\n

In \r\nthat 1999 radio program, Ch\u00e1vez also presented General V\u00edctor Antonio Cruz \r\nWeffer as the new head of the Plan Bol\u00edvar 2000, who would manage a budget of \r\nBs. 73,000 million ($ 120,462,046 at the time) from 1999 to 2000 to execute a \r\nproject that would act as the first test balloon of the social missions of the \r\nBolivarian government.<\/p>\n\n\r\n\n

But \r\nthe officer, who held three other positions in the Chavez bureaucracy, did not \r\nattend the opening ceremony of these works. In December 2001, he left the \r\ngovernment through the backdoor amid allegations of corruption of which he would \r\nbe the main protagonist.<\/p>\n\n\r\n\n

Cruz \r\nWeffer had barely been out of the government for a month when he began to be \r\ninvestigated by the Public Prosecutor's Office (PPO) on January 14, 2002, \r\nfollowing a complaint by Seniat and a series of reports published in some \r\nnational media that referred to irregularities committed in the Project Plan \r\nBol\u00edvar 2000 and Fondur (National Fund for Urban Development). Five years later, \r\non April 18, 2007, the former army commander was charged with the crimes of \r\nillicit enrichment and concealment of data in his affidavit of assets and \r\nmeans.<\/p>\n\n\r\n\n

The \r\nPublic Prosecutor's Office based its version on the final audit report submitted \r\nby the Comptroller General of the Republic (CGR) on January 31 of that year, \r\nwhich certified that the former head of Plan Bol\u00edvar 2000 and former president \r\nof Fondur had 1.2 billion bolivars between January 1, 2000 and June 30, 2003. \r\nThe Comptroller concluded that Cruz Weffer could not justify how the increase of \r\nhis assets to 1,071 million bolivars (approximately one million dollars at that \r\ntime) corresponded to his income as an official. The amount was equal to 86% of \r\nthe public funds he managed as head of the Plan Bolivar 2000 and president of \r\nFondur.<\/p>\n\n\n

Chavista in a Tax Haven<\/h2>\n\n\n

On \r\nMay 7, 2007, three weeks after being charged by the Public Prosecutor\u2019s Office \r\nfor crimes provided for in the Venezuelan Law against Corruption, Cruz Weffer \r\ndiverted his business career to another continent, 13 thousand kilometers away \r\nfrom the popular homes, the red ribbons of which he did not cut. In Seychelles, \r\nan archipelago of white sands and emerald waters of the Indian Ocean, company \r\nUnivers Investment Ltd was registered in his name with a capital of 50 thousand \r\ndollars.<\/p>\n\n\r\n\n

The \r\nregistration of Cruz Weffer\u2019s company in this tax haven, a renowned \r\ninternational sanctuary of luxury tourism and shell companies for money \r\nlaundering and tax evasion, would not be his first mercantile transaction \r\nabroad. In 2007, the Venezuelan Prosecutor's Office confirmed the tracking of \r\ntransfers amounting to 330 thousand dollars made by the accused officer to bank \r\naccounts abroad, according to the Comptroller General's Office \r\nreport.<\/p>\n\n\r\n\n

At \r\nfirst sight, the name of Cruz Weffer does not appear on the initial company \r\nregister or on the certificate of going concern of September 29, 2008, issued by \r\nSeychelles authorities. In fact, the registration of Univers Investment in the \r\narchipelago was not made directly by the Venezuelan military man but by Barreto \r\n& Partners S\u00e0rl, a property management firm domiciled in Switzerland, which \r\nis in turn a client of the prominent Panama-based law firm Mossack Fonseca \r\n(MF).<\/p>\n\n\r\n\n

The \r\nname of Cruz Weffer is covered under the concept of \"bearer\", one of the company \r\nregistration methods offered by the Panamanian law firm to guarantee a high \r\nlevel of confidentiality. In this case, an offshore company was created (which \r\ndoes not carry out any economic or commercial activity in the country where it \r\nis registered and does not pay taxes) whose intermediary Barreto & Patners \r\nS\u00e0rl (an M&F client) acted as representative.<\/p>\n\n\r\n\n

The \r\nregistration of Cruz Weffer's company complied with the formalities required by \r\nthe Seychelle International Business Authority (SIBA), which notified Mossack \r\nFonseca & Company\u2019s branch in the archipelago the incorporation of Univers \r\nInvestment on May 7, 2007, under number 036837.<\/p>\n\n\r\n\n

Barreto \r\n& Partners S\u00e0rl has opened around 47 shell companies in tax havens (6 of \r\nVenezuelan shareholders in Seychelles) as an intermediary of MF. Its \r\nheadquarters, domiciled in the Route de Lussy in St Prex, Switzerland, \r\ncontradicts the magnitude of the group of companies it represents, the owners of \r\nwhich are around the world.<\/p>\n\n\r\n\n

The \r\nrelationship between Cruz Weffer and Univers Investment is registered in MF \r\ndatabases. However, in the e-mail exchange that took place in 2009 between the \r\nhead office and the branch in Seychelles, it is made known that SIBA asked MF to \r\nupdate the names of the shareholders and addresses of the companies registered \r\nin the archipelago due to the requirements of the amended Law in Seychelles. The \r\nupdate had to be submitted by January 1, 2010.<\/p>\n\n\r\n\n

The \r\ndirection of the sole shareholder of Univers Investment, as indicated in the \r\nregistration form, is not at the shores of the Indian Ocean but rather the \r\nCaribbean Sea, specifically in Caracas, at residencias Cascadas La Castellana, \r\nlocated in La Castellana area. It is an exclusive residential complex that has \r\nprivate security and electric gates.<\/p>\n\n\r\n\n

The \r\nauthor of this release contacted Cruz Weffer at the company's address in \r\nCaracas. They requested a written interview on March 15, 2016, as well as on \r\nMarch 25, 2016 with a questionnaire about the companies registered abroad. Via \r\ne-mail (03-30-2016), the retired officer denied having registered Univers \r\nInvestment: \"Searching on the Internet, I could verify that Seychelles is a \r\ngroup of islands belonging to the African Continent, where I have never been, so \r\nI could not register a company in that place\" (sic). He also suggested that his \r\ndepartures from and entries into the country could be easily checked through a \r\nrequest to the Ministry of Foreign Affairs. He added that \"years ago\" he \r\nacquired a company registered in Panama for an amount of $ 50 to open an account \r\nin a subsidiary bank of Crediss Suiss (sic) in Geneva, to request a loan from \r\nthe Italian financial institution Credito and Svillupo in order to develop \r\nhousing projects in Venezuela. He clarified that both the company and the \r\naccount are currently closed.<\/p>\n\n\n

\"\"
At the foothill of the Avila mountain of Caracas is the headquarters of company Univers Investment, registered in Seychelles in 2007.<\/figcaption><\/figure>\n\n\n

<\/p>\n\n\r\n\n

Contrary \r\nto what Cruz Weffer says, today you do not need to travel to open a business in \r\na tax haven. Hard-to-trace property certificates known as \"bearer shares\" can be \r\nissued through firms that act as intermediaries, as it is the case with Univers \r\nInvestment.<\/p>\n\n\r\n\n

Cruz \r\nWeffer's company in Seychelles existed for 4 years old and, based on its company \r\nregister form, it did not record major movements over those years. It was closed \r\non April 11, 2011, the year when a court acquitted the corruption trial against \r\nthe former head of Plan Bol\u00edvar 2000. This decision was shortly after appealed \r\nby the Prosecutor's Office.<\/p>\n\n\n

Ch\u00e1vez\u2019s Favorite<\/h2>\n\n\n

The \r\nchallenged management of Cruz Weffer in the Plan Bolivar 2000 and Fondur became \r\nthe first corruption scandal of the Ch\u00e1vez government not only because of the \r\npublic amount involved (around 120 million dollars) but also because it involved \r\none of the most loyal figures to the late president.<\/p>\n\n\r\n\n

Initially \r\nintroduced by Ch\u00e1vez as a \"novel revolutionary plan\", Plan Bol\u00edvar 2000 began to \r\nbe targeted by points raised about irregularities practically from the \r\nbeginning. For example, El Nacional Newspaper published that Cruz Weffer had \r\nbought an apartment in the exclusive Colinas de Tamanaco area for 1.8 million \r\ndollars. The general merely said that he was the target of a defamation \r\ncampaign, but he never denied the purchase.<\/p>\n\n\r\n\n

Two \r\nyears after creating Plan Bol\u00edvar 2000, Ch\u00e1vez was taking power from the Plan \r\nexecutor, and on December 24, 2011, he confirmed on his radio program Al\u00f3 \r\nPresidente that the removal of Cruz Weffer from the Command of the Army was a \r\n\"decision to tighten the pliers, like any other.\"<\/p>\n\n\r\n\n

Graduated \r\ntwo years before Ch\u00e1vez, Cruz Weffer was ranked second in his 1973 class at the \r\nMilitary Academy. Although it was not part of the foundational February 4 \r\n(military coup led by Ch\u00e1vez in 1992 against President Carlos Andr\u00e9s P\u00e9rez), he \r\nwas part of his circle of trust.<\/p>\n\n\r\n\n

\"Cruz \r\nWeffer had a privileged treatment in the first years of the Ch\u00e1vez government. \r\nNot everyone was given a strategic economic sector such as the construction \r\nsector in Venezuela. The late president cared for him, but the officer started \r\ncommitting too many excesses and Ch\u00e1vez did not forgive him,\u201d says Roc\u00edo San \r\nMiguel, director of Control Ciudadado (Social Watch) \r\norganization.<\/p>\n\n\r\n\n

The \r\nanalyst stresses that Ch\u00e1vez never punished the uniformed officers who had \r\nincurred in administrative irregularities, except in the case of Ra\u00fal Baduel and \r\nthe military man of Central Azucarero (sugar company) Ezequiel Zamora (Caeez), \r\nGeneral Delf\u00edn G\u00f3mez Parra (convicted in 2011 to 7 years and 7 months of prison \r\nwhen he had been already imprisoned for 5 years and two months). \"When Ch\u00e1vez \r\ngot angry with them he used to drive them away, appoint them in embassies. He \r\nacted as a pater familias in a relationship of power and control over his \r\nsubordinates.\"<\/p>\n\n\r\n\n

San \r\nMiguel does not rule out a possible \"dirty war\" within the armed forces that \r\ndrove Cruz Weffer's fall from grace. \"Not all the military men liked him, \r\nbecause of all the power he had.\"<\/p>\n\n\r\n\n

A \r\nfact that highlights a report on Venezuela by the US firm Stratford (reproduced \r\nby Veneconom\u00eda in November 2011) could give clues about the cracks within the \r\narmed forces before the coup of April 11, 2002. The then Minister of Defense \r\nJos\u00e9 Vicente Rangel and the military high command issued a public statement \r\nexpressing their full support for Ch\u00e1vez. The document, aimed to counteract \r\ndiscontent within the Army, was not signed by any of the top commanders, \r\nincluding Lucas Rincon and Cruz Weffer, who were considered Ch\u00e1vez's most \r\nimportant military tokens.<\/p>\n\n\r\n\n

The \r\ngrowing corruption within the government was one of the main discrepancies \r\nwithin the Army at the beginning of the first decade of the century. Just by \r\nreviewing Cruz Weffer's statements in 2000 one can understand the criterion that \r\nthe former general had about the management of public funds. When he was still \r\nthe owner of Fondur, he said that he disagreed with the bidding method to choose \r\nthe companies that would execute the works. \"They are won by 4 or 5 construction \r\ncompanies that are the mafias of construction. The direct award instead gives an \r\nopportunity to over 400 small and medium-sized companies,\" he told El Nacional \r\non 3-8-2001.<\/p>\n\n\n

Low Profile<\/h2>\n\n\n

Although \r\nCruz Weffer tried to keep a low profile after being separated from the charges, \r\nhe did not stop working indirectly for the Chavez government. Based on the IVSS \r\nSocial Security registry, until 2014, he was president of company Grandes \r\ndesarrollos integrales y organizacionales de soluciones sociales C.A. \r\n(Grandiosos), a State contractor with the business purpose of \"developing and \r\nexecuting civil, electrical and industrial construction works and projects.\" The \r\nretired general already had experience in this \r\nsector.<\/p>\n\n\n

\"\"
Company Grandes desarrollos integrales y organizacionales de soluciones sociales C.A. (Grandiosos) do businesses in these offices in the Venezuelan capital. However, now there is a news portal, a production company and a modeling academy.<\/figcaption><\/figure>\n\n\n

According \r\nto the National Registry of Contractors (RNC), the vice president of Grandiosos \r\nwas Jos\u00e9 Antonio P\u00e1ez Jurado, a member of the Military Academy of Cruz Weffer \r\nbut from the class of 1972 Brigadier General Pedro Brice\u00f1o \r\nM\u00e9ndez.<\/p>\n\n\r\n\n

Grandiosos \r\nis outdated in the RNC, i.e. is disqualified to enter contracts into with the \r\nState. It also has no headquarters; at least it does not work at the address \r\nindicated in the Registry, at Torre Credicard in El Bosque. The new occupants of \r\nthe office (the news portal Entodonoticias.com, openly pro-government, a \r\ntelevision production company, and a modeling academy) have no information on \r\nwhere to locate the construction company chaired by Cruz Weffer, who moved from \r\nthe place about two years ago. The Cantv landline phones on the RNC card do not \r\nwork.<\/p>\n\n\r\n\n

In \r\nthe years when he was being investigated but not yet accused of corruption, Cruz \r\nWeffer was engaged in business activities. He appears as CEO of company Pac Rim \r\nGroup, registered in Caracas in 2005. Despite not being in the National Registry \r\nof Contractors (RNC), this company signed on May 12 of the year after its \r\ncreation a strategic Alliance agreement with the Government of Carabobo, under \r\nthe administration of Luis Felipe Acosta Carl\u00e9s - Brigadier General of the \r\nBolivarian National Guard (GNB) - for the \"construction, fitting out, \r\nadministrative management, operation, and maintenance of the Bartolom\u00e9 Salom \r\nInternational Airport of Puerto Cabello.<\/p>\n\n\r\n\n

According \r\nto the document, the alliance with the Government of Carabobo also entailed the \r\ngranting of the 50-year concession to Pac Rim Group from May 12, 2016 to May 12, \r\n2056. On that occasion, the company estimated an approximate investment of 850 \r\nmillion dollars in infrastructure, equipment and acquisition of adjacent land to \r\nbuild the operational airport runway, among other expenses. Currently, the \r\nPuerto Cabello airport is operational, but has no commercial flights. It belongs \r\nto Bolivariana de Aeropuertos (Baer), attached to the Ministry for Water and Air \r\nTransport.<\/p>\n\n\r\n\n

Cruz \r\nWeffer, together with his ex-wife, Lenis Josefina Le\u00f3n de Cruz, also registered \r\nproperties in the United States of America before being accused. According to \r\nthe official records of Broward County Florida, on November 25, 1996, they were \r\nbeneficiaries of a concession of a property at 16691 Royal Poinciana Dr, Fort \r\nLauderdale, Florida, valued at $ 287,300. On May 23, 2005, that same property \r\nwas transferred by the couple to Corey Schmith.<\/p>\n\n\r\n\n

Another \r\nproperty where Cruz Weffer has his name domiciled in the US is 524 N Paxton \r\nAlexandria, Virginia 2230, where the company Cruz and Tran (registered on \r\nJanuary 27, 2011) operates, and according to the Realtor.com registry, it is \r\nvalued at $ 493,025.<\/p>\n\n\r\n\n

Cruz \r\nWeffer admits by e-mail that from 2003, when he officially went into retirement, \r\nhe began to work as a self-employed. He created two construction companies (one \r\nactive and one inactive) in Venezuela, and a third one abroad, of \"low capital \r\nand personnel\", he clarifies. He is also an advisor to several companies in the \r\nsector. He details that he has two personal accounts and a legal account in the \r\nname of Promotora Colinas de Yara that develops a residential complex in \r\nMatur\u00edn, Monagas, called Puertas del Sur Country.<\/p>\n\n\r\n\n

He \r\nadds to the communication that he has a personal account abroad recently opened \r\nat Banco Banistmo in Panama, \"because I am trying to develop a project of social \r\ninterest homes in that country,\" and a legal account in the name of VK Land \r\nGroup, \"unilaterally\" managed by his partner, Krsmer Vel\u00e1squez \r\nFari\u00f1as.<\/p>\n\n\n

Procedural Delay<\/h2>\n\n\n

Since \r\nhe began to be investigated by the Prosecutor's Office in 2002, the legal \r\nprocess against Cruz Weffer has been fully intermittent over 14 years. \r\nAnnulments, habeas corpus and appeals make it a case of procedural delay \"for \r\nthe benefit of the accused,\" says Juan Carlos Apitz, university professor and \r\nformer magistrate of the TSJ (Supreme Court of Justice). \"The accidents were \r\nused for the accused not to be finally convicted to serve his \r\nsentence.\"<\/p>\n\n\n

\"\"
Residencias Cajigal, El Valle - First project of Plan Bol\u00edvar 2000<\/figcaption><\/figure>\n\n\n

The \r\nlast judicial decision known dates from July 16, 2013, when the Constitutional \r\nDivision of the Supreme Court of Justice ordered the prosecution against Cruz \r\nWeffer, directing the Court of Appeals of the Criminal Judicial Circuit of \r\nCaracas to resolve the appeal filed by the Public Prosecutor\u2019s Office. But \r\n\"where is the new sentence? What happened to the file of the Court of Appeals?\" \r\nasks Apitz.<\/p>\n\n\r\n\n

The \r\ntrial against the former president of Plan Bolivar 2000 seems to be \"shelved\", a \r\nformula that allows crimes and their respective punishments to be forgotten over \r\ntime, recalls Apitz. If we take into account that the crimes charged to Cruz \r\nWeffer go back to 2002, and article 108 of the Criminal Code provides that a \r\ncriminal action prescribes at 15 years, in 2017, the criminal process against \r\nthe first case of corruption of the Ch\u00e1vez government could be rendered \r\nineffective.<\/p>\n\n\n

Cruz Weffer Defends Himself<\/h2>\n\n\n

On \r\nMarch 30, 2016, Cruz Weffer affirmed by e-mail that the Office of the \r\nComptroller General of the Republic (CGR) recognized by the repeal of the US \r\nDepartment of State the existence of a credit from Sun Trust Bank for $ 330,000, \r\nduly declared and received by wire transfer in Banco del Caribe, equal to Bs. \r\n480,000, when there was no exchange control in the country. \"What was acquired \r\nwith that money - land, equipment, material for organic crops, tractors, power \r\nplants \u2013 were added to the equity increase instead of being subtracted by the \r\nmost perverse and evident bad intention. The Office of the Comptroller said that \r\nthey should not be considered in the affidavit of means and assets because it is \r\na company (Criadero Villa de Lobos) owned by me. However, they were considered \r\nas a personal equity increase,\" he assured 9 years after the CGR \r\nreport.<\/p>\n\n\r\n\n

Also, regarding the \"alleged crime of data \r\nconcealment,\" Cruz Weffer indicates that the land of Nueva Tucacas, state of \r\nFalc\u00f3n, which was indeed not declared, had a value of
Bs. 12,000, which the \r\nOffice of the Comptroller describes as \"a hut type, with streets with no \r\nsidewalks or sewers, and not asphalted,\" which also measured 240 square meters \r\n(2,583.34 sq ft) and he assures that he never went to that place, which is why \r\nhe did not include it in the statement. \"What is the bad intention of hiding an \r\nasset with these characteristics?\" asks the retired \r\ngeneral.<\/p>\n\n

\"\"<\/span><\/a><\/div>","protected":false},"excerpt":{"rendered":"

In 2007, Retired General V\u00edctor Cruz Weffer, head of Plan Bol\u00edvar 2000 and Fondur, opened a company in Seychelles after he was charged for illicit enrichment and data concealment. He could never justify the Bs. 1,071 million increase of his equity, equal to 86% of the funds he managed from 2000 to 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