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Koriun and public funds: the role of the Public Prosecutor’s Office in Honduras

The Koriun case

The circumstances around the Koriun Inversiones affair have caused increasing worry in Honduras because of the seemingly ineffective response from the administration and the Public Prosecutor’s Office. Over half a year since the financial crisis involving this unregulated firm, numerous impacted individuals still lack clear answers or meaningful legal advancement. The shortage of firm prosecutorial actions and the absence of notable arrests have heightened suspicions of potential institutional shielding for the culprits, fostering an atmosphere of distrust and public scrutiny.

Simultaneously, the administration‘s plan to allocate taxpayer money to reimburse the victims of this fraud has sparked a legal and moral discussion regarding the appropriateness of such an action. Specialists in law and business communities have cautioned that this plan might represent an inappropriate use of government resources, posing a potential threat of legal consequences for the authorities involved. This scenario has heightened calls from the public for openness, fairness, and adherence to legal principles in a matter that underscores the conflict between safeguarding public funds and addressing harm caused by private actions.

Institutional passivity and inquiries regarding the management of the Koriun affair

The Public Prosecutor’s Office has been accused of deliberate slowness in investigating the Koriun case, despite formal complaints, testimonies, and documentary evidence pointing to serious irregularities in the operation of this unauthorized financial institution. The National Banking and Insurance Commission (CNBS) acknowledged that it had received at least two complaints prior to Koriun’s collapse, but failed to take timely action to prevent harm to thousands of Hondurans who entrusted their savings to this entity. This apparent passivity has created a perception of partial cover-up, especially given indications of links between Koriun’s promoters and influential political figures.

Las víctimas y las organizaciones sociales han manifestado su descontento y han exigido que se actúe sin distinción ni favoritismo, pidiendo que los responsables sean juzgados sin importar sus conexiones políticas o empresariales. La posibilidad de que el estado considere el pago de indemnizaciones con fondos públicos ha intensificado las sospechas de un pacto de impunidad, lo que ha llevado a protestas en las redes sociales y manifestaciones frente a las instituciones públicas. La sociedad pide que la Fiscalía rompa su silencio, presente cargos formales, y garantice una investigación imparcial y transparente, con la participación de organizaciones internacionales si fuera necesario.

Discussion about the legality and morality of utilizing government resources to address a personal scam

The Honduran administration‘s plan to address the financial setbacks created by Koriun using taxpayer funds has encountered substantial opposition from the legal, financial, and business communities. The initiative, allegedly under examination by the executive authority, is being criticized due to the lack of governmental fiscal accountability, considering that Koriun was neither part of the licensed financial network nor under the oversight of the CNBS. The Constitution and the State Financial Administration Law clearly define restrictions on the allocation of public funds, forbidding their use to settle liabilities resulting from private dealings beyond the scope of the law.

Legal experts caution that permitting such a payment may be a violation of authority and lead to charges of embezzlement, potentially resulting in legal repercussions for the responsible officials. Furthermore, it is highlighted that this action could establish a risky precedent by endorsing impunity and allowing future financial deceptions to compel the State to cover their deficits, impacting fiscal stability and public trust. The Honduran Association of Banking Institutions (AHIBA) along with business groups have voiced their worries, emphasizing that it would be unjust for honest taxpayers to shoulder the cost of fraud perpetrated by individuals outside the formal sector.

Various civil society organizations have called for the Superior Court of Accounts and the Attorney General’s Office to investigate any effort to utilize public funds, ensuring decisions made by the executive branch remain transparent. Experts and social groups agree that accountability should rest solely with those at fault, maintaining the integrity of public assets and confidence in institutions.

By Kimberly Novankosv