SQM case


Sociedad Química y Minera de Chile 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 is also called the Penta-SQM Case. So far, 6 defendants have been charged.
This case involves allegations of tax fraud and violations of political campaign laws. Various individuals, including politicians, their advisers, and family members, allegedly created fake invoices, which SQM then paid. It is claimed that the proceeds from these invoices were passed on to political parties in violation of campaign finance laws. These individuals are alleged to have acted on behalf of politicians, without the politicians being directly involved. Whether the funds secured any favors for SQM from politicians has so far only been demonstrated in the case of former mining minister Pablo Wagner. New charges brought in August 2015 against certain defendants also include allegations of steering contracts.
In 2017, the United States government announced a deferred prosecution agreement with SQM, in which SQM would pay $15m USD, to settle Foreign Corrupt Practices Act charges. Following the 2017 U.S. Foreign Corrupt Practices Act settlement, SQM implemented new compliance, auditing, and internal-control measures monitored by an independent consultant. The U.S. Department of Justice confirmed in 2020 that SQM had fulfilled the terms of its deferred prosecution agreement and completed the three-year compliance period.
The principal stock holder of SQM is Julio Ponce Lerou, formerly son-in-law of the late dictator Augusto Pinochet. He is not charged with any wrong doing.
Charges brought against employees and owners of SQM
NamePositionStatus
Eugenio PonceVP SQMAccused of signing fake invoices
Patricio Contesse GonzálezFormer general manager SQMCharged with tax crimes
Carlos Alberto DélanoOwnerHouse arrest at night
Carlos Eugenio LavínOwnerHouse arrest at night
Roberto GuzmánAdvisor to Julio PonceCharged

This case is different from the Penta Case in that false invoices the tax authorities 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 National Renewal and Independent Democratic Union 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 and not directly to the politicians.
Governing Coalition
NamePartyStatus
Alejandro BahamondesFormer VP of PPD party and partner of Kybalion Consultores Limitida who issued $22 million CPL in invoices to SQMResigned as Chilean ambassador to Paraguay
David FloresCampaign advisor to Carolina Tohá, Mayor of SantiagoCharged

Others
NameRoleStatus
Alberto AyalaProsecutorUnder investigation for leaking details of SQM case to Rodrigo Peñailillo
Rodrigo PeñaililloMinister of Interior in Bachelet governmentResigned 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 MartelliPartner, Asesorías y Negocios SpA, fundraiser for President Bachelet's first campaign for presidentcharged 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 CerdaSister-in-law of former mining sub secretary Pablo WagnerUnder investigation

'''Alliance
NamePartyStatus
Jovino NovoaFounding member and former UDI SenatorCharges with presenting false tax declaration and false invoices to the tax authorities in the amount of 80 million CLP. Under house arrest
Claudio EguiluzEx-Vice president of RNIs charged in criminal court by prosecutors of the Public Ministry with tax fraud for 465,000 Chilean Pesos. Charges were dismissed when tax authorities did not present their own charges. The prosecution needs for the separate tax agency to file charges as well.
José Tomás Longueira BrinkmannSon of former senator and presidential candidate Pablo Longueira José Longueira issued invoices to SQM in 2010 for $4.450.333 CLP
Pablo WagnerMining sub secretary under President PiñeraHouse arrest at night
Jaime Orpis BouchonSenator Also implicated in Corpesca corruption case
Santiago ValdésFormer manager of Bancard and official in presidential campaign of President PiñeraCharged with tax crimes
Alejandro SuleFormer congressman Charged with tax crimes