HYTERA MOBILFUNK GMBH SUCURSAL DEL PERU

Hytera is a leading provider of professional communications technologies and solutions. With voice, video and data capabilities, provide faster, safer, and more versatile connectivity for business and mission critical users. In this case, the Operations Manager of the company Rohde & Schwarz Professional Mobil Radio GmbH and then the company Hytera Mobilfunk GmbH Sucursal del Perú are accused of having illegally colluded with the accused Mario Bernabe Chauca Saavedra, Jose Antonio Roman Navarro, Carlos Alberto Olaya Leon, Manuel Jesús Mondragon Campuzano, Dante Daniel Llerena Wong, Alfredo Diego Soto Marroquin and Jaime Efrain Chirinos Garcia (officials of the Ministry of Interior and the Peruvian National Police), to the detriment of the State’s patrimony, with the purpose that these officials in the Public Bidding N° 011-2011-IN-OGA, on the contracting of the equipment and installation service of the Trunked Communications System, unduly granted the conformity to the reception of that equipment and installation services, located in the repeater stations Morro Solar, Carapongo, La Milla, Observatorio, La Cantuta and Cerro Grande, without complying with the required technical specifications, causing patrimonial damage to the State. Consequently, the Operations Manager of HYTERA is considered a primary accomplice. Likewise, he is accused of having illegally agreed with the accused Jaime Efrain Chirinos Garcia, Oscar Artemio Flores Saavedra and Rodolfo Sergio Vicuña Segura, so that these officials in the selection process of Exoneration N° 002-2013-DIRLOG-PNP unduly granted conformity to certain radio terminal equipment, without complying with the technical requirements required in the technical specifications of the administrative bases of the mentioned selection process, thus defrauding the State, which paid for equipment that did not comply with the technical specifications. Our law firm assumed the defense when the Public Prosecutor’s Office had issued the disposition of formalization of the preparatory investigation against the Operations Manager of HYTERA. Therefore, we appeared in the case, designed the strategy to be followed and have been providing abundant evidence that proves the non-existence of irregularities in both contracts and, therefore, of indications of the commission of the crime of aggravated unfair collusion. We have even offered a technical expert to determine that the equipment delivered complies with the technical specifications required in both contracts. To date, the case is before the Public Prosecutor’s Office, pending a ruling.

Matter value – include currency and amount in figures :

The questioned amount is S/. 98,105,580.3 and US$ 2,654,675.43. The case is of great importance for the client since, due to its line of business, it is constantly involved in public bids and tenders with the State and, above all, because it represents HYTERA’s parent company based in Germany.

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

Lead partner :

DIEGO ABEO

Other team members :

MARIA FERNANDA GUTIERREZ and KARINA SURICHAQUI

Other firms advising on the matter and their role(s) :

Estudio Ruiz Avila abogados

Date of completion or current status :

Ongoing