An investigation for alleged money laundering (derived from assets originated in contraband) was initiated against a major distributor (that had several juridical entities and individuals as part of the group) of the Tax Free Zone of Tacna (South of Peru). As part of the investigation, several entities who had commercial relationships with the individuals and entities initially involved were included as investigated subjects in order to demonstrate that the operations registered were in fact real commercial operations and not simulated ones.
Under this presumption, PRATAC (Peruvian entity of Pernod Ricard for the south of Peru) was included as investigated subject (as well as other major entities such as Diageo, Destilerias Peruanas, among others). This case, declared complex by the Prosecutor, demanded a very meticulous internal investigation to prepare the defense that included the recompilation of accounting documentation of up to 8 years back. This documentation was reviewed and filed to the Prosecutor´s office with a request to submit it to an expert accounting report to demonstrate that all the commercial operations celebrated with the entities under investigation were real. We also focused a second front of the defense in demonstrating that as up to the moment the investigation initiated, our client was not in the position nor had any elements to doubt of the legality of the operations of the distributors in Tacna (who by the way continue to operate in the formal market).
After active monitoring of the case and constant official meetings with the authorities so that the case could be divided and an opinion could be issued on the companies that had commercial relations with the investigated parties, the Prosecutor’s Office was able to issue a Partial Disposition of Archive, in which it resolved in relation to certain companies -including our client- declaring that the commercial relations were licit and true, ordering the investigation to be closed on these points. This ruling was challenged by the Public Prosecutor’s Office for Money Laundering; however, the Superior Prosecutor’s Office issued a disposition confirming the closure of the case in relation to our client, ending the case in a definitive way.
