Former DIAN director warns of potential clientelism in key customs offices

Before the Investigation Chamber of the Supreme Court of Justice, the former director of the National Tax and Customs Directorate (DIAN), Luis Carlos Reyes, delivered a lengthy and detailed statement in which he explained how, according to him, several congressmen had exerted pressure to place recommended individuals in strategic positions within the entity , particularly in customs zones sensitive to smuggling.

Reyes maintained that this practice would have favored the infiltration of contraband into the DIAN.

According to documents and testimony obtained by the Caracol News Investigative Unit, Reyes appeared before the Court for more than twelve hours in several sessions, accompanied by two of his advisors, María Alexandra Rizo and Ana María Zambrano. There, he presented a log of recommendations he had compiled since taking office in August 2022, in which he identified the political patronage schemes allegedly seeking to control customs offices such as those in Buenaventura, Cartagena, Barranquilla, and Cali.

"There were sufficient reasons to believe, from an administrative perspective, that there was a risk of contraband infiltration into the DIAN through congressional patronage," Reyes stated. He noted that several parliamentarians' recommendations were systematically vetoed for promotion or transfer to key positions , which allegedly generated strong discontent among some sectors of the legislature.

Among the reported pressures, Reyes highlighted the transfer of 200 billion pesos from the DIAN budget to the National Unit for Risk Management (UNGRD) in June 2023, a measure he considered retaliation driven by congressmen dissatisfied with his refusal to accept bureaucratic quotas. "All the signatories of that proposal represent, in my opinion, a group exploited by smuggling interests," he stated.

The former DIAN director also submitted a list of more than 35 congressmen whose names appeared linked to recommendations. Among those named, he mentioned in more detail the current Minister of the Interior, Armando Benedetti; former Senator and President of Congress, Roy Barreras; Senate President Efraín Cepeda; Senator Jairo Castellanos ; and Representative Olga Lucía Velázquez.

Reyes reported that Benedetti personally asked her, and through her mother-in-law, Adelina Cobo, to appoint officials at the Cartagena and Barranquilla customs offices. She even claimed that Cobo attended a meeting in July 2022 accompanied by Nicolás Petro, son of President Gustavo Petro.

Regarding Roy Barreras, Reyes stated that in August 2022, at a meeting at the home of Congresswoman Gloria Arizabaleta (Barreras's ex-wife), Barreras handed him manila envelopes containing resumes for positions at the Cali and Buenaventura customs offices. Reyes recounted that the then-senator pressured him, telling him he was a "promising politician" and that "it would be terrible if they broke his legs, like Messi's."

His advisor, Ana María Zambrano, an eyewitness to the meeting, confirmed to the Court that Reyes was shocked by the tone of the conversation. She also stated that during the November 2022 tax reform debate, Barreras called Reyes a "snitch" and "of the worst kind" to other members of Congress.

Senate President Efraín Cepeda was also mentioned by Reyes. He stated that the congressman recommended Vladimir Atencio for the position of director of the Cartagena customs office, sending his resume via WhatsApp. Meanwhile, Senator Jairo Castellanos allegedly pushed to be appointed director of the Cúcuta customs office and was one of the driving forces behind the budget cuts to the DIAN. Reyes noted that Castellanos also attempted to exchange his vote of no confidence for appointments , including during his time as Minister of Commerce.

Regarding Representative Olga Lucía Velázquez, Reyes indicated that she, through her advisor Rizo, proposed John Freddy Restrepo Toro for the position of director of Cartagena's customs office. According to Reyes, this proposal came from the DIAN union. However, she emphasized that the official had already raised suspicions due to alleged ties to smuggling organizations. Restrepo was also reportedly recommended by Juan Fernando Petro, the president's brother, and by César Valencia, an alleged member of the group alias "Papa Pitufo," referred to as the "smuggling czar."

Luis Carlos Reyes claimed he tried to transfer Restrepo from Buenaventura, but was unable to due to his union protection. He even offered to invoke the opportunity principle, to which Restrepo denied any connection to smuggling.

Former Senator Roy Barreras was the only one of the aforementioned congressmen who gave his statement to the Supreme Court. In his May 6 statement, he denied all the accusations and described Reyes's version as "a perverse fiction" attributable to an alleged psychiatric disorder known as "fantastic pseudonym." Barreras denied submitting resumes and stated that, although it is not illegal to suggest names, he never did so at the DIAN. He asserted that his differences with Reyes began when Reyes opposed taxing churches.

The other defendants have maintained their innocence through their lawyers. Attorney David Benavides, legal representative of Minister Benedetti, stated that in Colombia it is not prohibited to suggest resumes, as long as their appointment is not forced. Jaime Lombana, attorney for Efraín Cepeda , insisted that recommending suitable candidates is not a crime and emphasized that his client was never appointed. Mauricio Marín, Castellanos' attorney, stated that his client only interceded for a job transfer for family reasons and that his motion of censure was due to Reyes' poor management, which left, he said, a deficit of 60 billion pesos. Representative Olga Lucía Velázquez denied having pressured for charges and described the accusations as rumors without evidence.

The Supreme Court's Investigation Chamber is continuing its investigation to clarify the facts. For now, the conflicting versions of the allegations between the former DIAN director and the implicated congressmen will determine the course of a case that could have profound implications for the relationship between politics and public administration in Colombia.

LATEST NEWS EDITORIAL