| There are reasonable grounds to suspect that María Consuelo Porras Argueta de Porres (“Porras”) is an involved person within the meaning of the Global Anti-Corruption Sanctions Regulations 2021 on the basis of the following grounds:
(1) Porras is or has been involved in serious corruption by being responsible for or engaging in serious corruption by way of receiving a bribe. As Attorney General and Head of the Public Ministry (Ministerio Público, MP) of Guatemala, a foreign public official performing a judicial or executive function, Porras received an advantage to induce her to improperly perform a public function. That advantage was President Giammattei’s decision to reappoint her to the role. Thereafter, she continued to improperly discharge her functions by intentionally undermining corruption investigations into the political elite that nominated her. In particular, she undermined investigations into President Giammattei’s election and tenure as President.
(2) Porras is or has been involved in serious corruption by being responsible for the investigation or prosecution of serious corruption and intentionally failing to fulfil that responsibility. As Attorney General and Head of the MP of Guatemala, a foreign public official performing a judicial or executive function, Porras received an advantage to induce her to perform a public function improperly, namely her reappointment to the role. Thereafter, she continued to improperly perform her function by intentionally undermining corruption investigations into the political elite that nominated her. In particular, she undermined the operational independence of the Special Prosecutor’s Office Against Impunity (Fiscalía Especial contra la Impunidad), dismissing prosecutors therefrom and appointing compliant replacements.
(3) Porras is or has been involved in serious corruption by using threats or intimidation to interfere in, or otherwise interfering in, a law enforcement or judicial process in connection with serious corruption. As Attorney General and Head of the MP of Guatemala, a foreign public official performing a judicial or executive function, Porras received an advantage to induce her to perform a public function improperly, namely her reappointment to the role. Thereafter, she continued to improperly perform her function by intentionally undermining corruption investigations into the political elite that nominated her. In particular, she removed from office and pursued unfounded legal challenges against notable anti-corruption prosecutors who had sought to tackle serious corruption in Guatemala. |
