SQM case
{{Short description|Criminal case in Chile}}
{{Update|part="company is currently under indictment and investigation"|reason=this was added 8 years ago|date=January 2024}}
Sociedad Química y Minera de Chile (SQM) is a Chilean chemical and mining company that mines lithium and makes fertilizer and other chemicals. The company is currently under indictment and investigation for diverting funds to different politicians in Chile. The SQM Case is closely related to the Penta Case, since defendants from both cases overlap and it is the same type of crime. So it's also called the Penta-SQM Case. So far, 6 defendants have been charged.{{cite web|title=Fundraiser for Bachelet Campaign Charged with Tax Crimes|url=http://southernpacificreview.com/2015/09/15/fundraiser-for-bachelet-charged-with-tax-crimes/|website=Southern Pacific Review|accessdate=15 September 2015}}
This case{{cite web|title=EL CASO SOQUIMICH (SQM) EXPLICADO CON MANZANITAS|url=http://economiatodos.cl/2015/03/16/el-caso-sqm-explicado-con-manzanitas/|website=Economia para Todos|accessdate=28 July 2015}} includes tax fraud and violations of political campaign laws. Different persons, either politicians or their advisers or even family members, created fake invoices which SQM then paid. It is alleged that those who created these fake invoices then passed those funds onto political parties in violation of campaign finance laws. So they were acting on behalf of the politicians, without the politicians being involved directly. As to whether those funds bought any favors from the politicians for SQM, so far that has only been demonstrated in the case of Pablo Wagner, who was a former mining minister. New charges (August 2015) brought against certain defendants now include steering contracts.
In 2017, the United States government announced a deferred prosecution agreement with SQM, in which SQM would pay $15mm USD, to settle Foreign Corrupt Practices Act charges.{{Cite web |date=2017-01-13 |title=Office of Public Affairs {{!}} Chilean Chemicals and Mining Company Agrees to Pay More Than $15 Million to Resolve Foreign Corrupt Practices Act Charges {{!}} United States Department of Justice |url=https://www.justice.gov/opa/pr/chilean-chemicals-and-mining-company-agrees-pay-more-15-million-resolve-foreign-corrupt |access-date=2024-09-25 |website=www.justice.gov |language=en}}
The principal stock holder of SQM is Julio Ponce Lerou, formerly son-in-law of the late dictator Pinochet. He is not charged with any wrong doing.
Charges brought against employees and owners of SQM
| class="wikitable"
! Name !! Position !! Status | ||
| Eugenio Ponce | VP SQM | accused of signing fake invoices |
| Patricio Contesse González | former general manager SQM | charged with tax crimes |
| Carlos Alberto Délano | owner | house arrest at night |
| Carlos Eugenio Lavín | owner | house arrest at night |
| Roberto Guzmán | advisor to Julio Ponce | charged |
This case is different from the Penta Case in that false invoices the tax authorities (SII) were then used to funnel money to politicians on both sides of the political spectrum. In the Penta Case, funds were diverted to right wing politicians of the RN and UDI parties. In the SQM case, the members of the governing coalition, the Nueva Mayoria, received funds as well.
This case is still under investigation. The politicians under investigation are listed below. In many cases payments were made to their assistants{{cite web|last1=Matus|first1=Javiera|title=Penta-SQM: fiscalía pide al Congreso registro de pagos a asesores de siete políticos|url=http://www.latercera.com/noticia/politica/2015/08/674-642092-9-pentasqm-fiscalia-pide-al-congreso-registro-de-pagos-a-asesores-de-siete.shtml|accessdate=9 August 2015}} and not directly to the politicians.
Governing Coalition (Nueva Mayoria)
| class="wikitable" | ||
| Name | Party | Status |
|---|---|---|
| Alejandro Bahamondes | former VP of PPD party and partner of Kybalion Consultores Limitida who issued $22 million CPL in invoices to SQM | resigned as Chilean ambassador to Paraguay{{cite web|last1=E|first1=J|title=Embajador de Chile en Paraguay renuncia y dice que su decisión se relaciona con case SQM|url=http://impresa.elmercurio.com/Pages/NewsDetail.aspx?dt=10-08-2015%200:00:00&dtB=10-08-2015%200:00:00&BodyID=3&PaginaId=3|publisher=El Mercurio|accessdate=10 August 2015}} |
| David Flores | campaign advisor to Carolina Tohá (OOD), mayor of Santiago | charged |
Others
| class="wikitable" | ||
| Name | Role | Status |
|---|---|---|
| Alberto Ayala | prosecutor | under investigation{{cite web|last1=FERNÁNDEZ|first1=BASTIÁN|last2=SEPÚLVEDA|first2=NICOLÁS|title=Las tesis internas en la Fiscalía para explicar el misil de Chahuán contra Ayala|date=10 August 2015 |url=http://www.elmostrador.cl/noticias/pais/2015/08/10/las-tesis-internas-en-la-fiscalia-para-explicar-el-misil-de-chahuan-contra-ayala-2/|publisher=El Mostrador|accessdate=10 August 2015}} for leaking details of SQM case to Rodrigo Peñailillo |
| Rodrigo Peñailillo | Minister of Interior in Bachelet government | resigned as Minister of the Interior in Bachelet government because of connections to SQM case in which he had to defend payments made by the firm to him before he entered the government |
| Giorgio Martelli | partner, Asesorías y Negocios SpA, fundraiser for President Bachelet's first campaign for president | charged with tax crimes and evasion of taxes between 2009 and 2013 which overlaps at his time as political operative in the Bachelet campaign |
| Carolina de la Cerda | sister-in-aw of former mining sub secretary Pablo Wagner | under investigation |
Alliance (Conservative)