Bolivia: What is the «Tear Gas» case about? (+Jeanine Áñez and Lenín Moreno)

In late May, Arturo Murillo, former Minister of Government of the de facto administration of Jeanine Áñez in Bolivia (November 2019-November 2020) was detained in the US. In addition to Murillo, between May 21 and 22, Sergio Rodrigo Méndez Mendizábal, 51, former chief of Murillo’s Cabinet, as well as Americans Luis Berkman, 58, Bryan Berkman, 36, and Philip Lichtenfeld, 48, were also arrested in Florida and Georgia.

In the US, according to a press release from the Department of Justice, these men are accused of participating in a bribery scheme between November 2019 and April 2020. In that period, according to the Justice Department, the Americans paid $ 602,000 in bribes to Bolivian  government officials for the benefit of Murillo, Méndez and another Bolivian official, whose name is not specified.

Those bribes were paid for Bryan Berkman’s company, based in Florida, to obtain and maintain business with the Bolivian Ministry of Defense, specifically a contract of approximately $ 5.6 million to provide tear gas and other non-lethal equipment, states a report by Edgar Romero for RT.

What the Justice Department emphasizes the most is that those involved would then use the US financial system to launder those bribes; Therefore, the specific accusation includes the charge of «conspiracy to commit money laundering», a crime for which, if found guilty, they would face a maximum penalty of 20 years in prison.

This Thursday, June 17, a version ran in various Bolivian media about the alleged release on bail of Murillo in the US. However, the Attorney General of the State, Wilfredo Chávez, assured this Friday that the former minister is still detained and awaiting trial and indicated that there is the possibility that he could sign an agreement to become a «protected witness» before the US Justice.

A «Mafia Clan» in Bolivia

Bolivia is also carrying out its investigation. In addition to Murillo and Méndez, they include in this case the former Minister of Defense of the Áñez regime, Luis Fernando López, who fled Bolivian territory on November 5, 2020, three days before Luis Arce assumed the presidency of the country.

«We can say that those who governed the country in 2019 (at the end of the year) and in 2020 were the mafia clan of the Añez government«, said the current Minister of Government of Bolivia, Eduardo del Castillo, specifying that this «clan» was headed by López and Murillo.

An extension of that «clan» was Mendez, who had a relationship with the Berkmans and Lichtenfeld.

The Berkmans are the owners of the Bravo Tactical Solutions (BTS) company and Lichtenfeld was the guarantor of that company with the Cóndor company in Brazil.

The steps to acquire tear gas were made with the Brazilian non-lethal weapons company Cóndor, through BTS as an intermediary.

«These gentlemen, through chats, emails and finally by means of notes, found a way to eliminate the representative of Cóndor de Bolivia and interpose Bravo Tactical Solutions as the only company that could buy (tear) gases and non-lethal weapons from the Cóndor company to import into the country, in order to achieve the negotiation in this way”, explained Del Castillo.

«Legal facade»

Del Castillo pointed out that the «legal facade» or support for this plot was given with the approval of the Supreme Decree 4090 of December 3, 2019, which authorized the Ministry of Defense to exceptionally acquire anti-riot gases, classified as materials related to ammunition for the Bolivian Police.

The document is signed not only by Murillo and López, but also by Áñez and the rest of her ministers, at that moment.
But then came two more decrees, 4116, on December 12, 2019, which repealed 4090 and authorized the Ministry of Defense to carry out direct contracting abroad for the purchase of war material; and later 4168, of February 28, 2020, which allowed the Ministry of Government to transfer money to the portfolio directed by López for the acquisition of anti-riot products.

After the issuance of that decree, on December 17, 2019, Del Castillo said, the purchase order was made between the company BTS and Cóndor for 3.3 million dollars. However, the contract that Bravo Tactical Solutions signed with the Bolivian State was for 5.6 million dollars, leaving a surcharge of more or less 2.3 million dollars, an amount that was later distributed among the members of the «clan».

Del Castillo later reported that «a large part of these resources from corruption have been invested in the construction of the World Trade Center (a complex of buildings) in the department of Santa Cruz» and in the real estate company El Doral», in Cochabamba.

Recently, Carlos Fernando Huallpa, former Minister of Mining during the regime, one of the signatories of the decree, said that Áñez’s cabinet analyzed the requirement presented by the Ministry of Government for the purchase of (tear) gases and signed, apparently ignoring the surcharge.

«Unfortunately, the former Minister of Government Arturo Murillo has acted in bad faith, where he has overpriced, has committed acts of corruption, has caused economic damage to the State, but he has to assume his responsibility for the damage he has done to the State», he emphasized.

Regarding this case, in Bolivia, the prosecutor Chávez announced that his country will manage the extradition of Murillo with the United States. In this South American country, some arrests have already been made regarding the case. Among those apprehended are Daniel Leonardo Aliss Paredes, brother-in-law of the former de facto minister; Police Captains Daniel Bellot and Ivar Víctor Gómez, who worked in the Ministry of Government; Pedro Miguel R. S. and Martín L. G., two former officials of the Ministry of Defense, allegedly members of the commission for the purchase and receipt of tear gas; among others.

A loan from Ecuador

In the investigation being carried out in Bolivia, new and controversial information emerged, involving the Ecuadorian government chaired by Lenín Moreno (May 2017-May 2021).

The commander of the Bolivian Police, Jhonny Aguilera, reported that in the statements made by several former officials of the de facto regime, within the case ‘Tear Gases‘, it has been known that the Ecuadorian administration of Moreno made an alleged shipment of tear gas and high-caliber ammunition to the Áñez regime.

Bolivian lawyer Gary Prado Arauz, defender of the two former officials of the Ministry of Defense, a retired military officer and a practicing lawyer, who are involved in the ‘Tear Gas’ case, said, in an interview with ATB Digital, that his patrons had knowledge that a flight, a Hercules C-130 aircraft from Bolivia, had gone to Quito (Ecuador), in the first days of the de facto government, and had transported the material from there.

In another interview, this time with the program Punto Noticias, from Pichincha Comunicaciones, Prado commented that they did not know the exact amount of anti-riot equipment loaned by Ecuador, but there is talk of an amount of 9 million bolivianos (1.3 million dollars).

The lawyer pointed out that, later, part of the material that was acquired with BTS had to be sent to Ecuador, to repay the loan that that country had made, but it was not made.

It should be remembered that, after the coup in November 2019, which led to the departure of Evo Morales from the Presidency and the seizure of power by Áñez, there were strong protests in Bolivia. During her de facto government, which lasted for a year, there were at least four massacres: those in Senkata, Sacaba, Montero and the South Zone of La Paz.

Recently, the Minister of Justice of Bolivia, Iván Lima, said that his country will seek to initiate an international judicial process against Moreno and Áñez for crimes against humanity. At the moment, it has not been specified before which instance, but it could be before the Inter-American Court of Justice or the International Court of Justice.