The Special Prosecution Office against Corruption and Organized Crime has completed its investigations into the SASPAC funds issue and has requested the trial of 11 defendants, including former Minister of Health Ilir Beqaj.
The former Minister of Health is facing trial on 6 charges. Beqaj is accused of passive corruption, violation of equality in tenders, fraud with serious consequences, forgery of documents and concealment of assets.
Among the defendants are his former associates such as Ermal Kurtulaj and representatives of several private companies, accused of fraud and active corruption.
The investigations revealed that tenders for several conferences organized by SASPAC in 2023 were conducted in a fictitious manner, with predetermined winners and manipulated procedures. Beqaj is also accused of concealing assets, including undeclared properties and investments.
As part of the investigations, SPAK has imposed seizures on several of the defendants' assets, including apartments, bank accounts, and vehicles.
The trial will take place in the Special Court of First Instance.
SPAK announcement
SPAK concludes investigations and seeks trial of 11 defendants over SASPAC funds
At the conclusion of the investigations for criminal proceedings no. 190, year 2023, the Special Prosecution Office against Corruption and Organized Crime filed a request for trial against 11 defendants at the Special Court of First Instance.
The defendants are:
Ilir Beqaj – Accused of committing criminal offenses; “Passive corruption of high-ranking state officials” committed in collaboration (2 times) provided for by articles 260 and 25 of the Criminal Code; “Violation of equality of participants in tenders or public auctions”, committed in collaboration provided for by articles 258/2 and 25 of the Criminal Code, committed 8 times; “Forgery of documents”, by a person who has a duty, committed in collaboration provided for by articles 186/3 and 25 of the Criminal Code, committed 9 times; “Fraud” committed in collaboration with serious consequences, provided for by articles 143/3 and 25 of the Criminal Code, committed 2 times; "Fraud" committed in collaboration", committed 3 times, provided for by articles 143/2 of the Criminal Code; "Refusal to declare, failure to declare, concealment or false declaration of assets, private interests of elected persons and public servants or of any other person who has a legal obligation to declare", provided for by article 257/a/2 of the Criminal Code, committed 3 times.
Ermal Kurtulaj – Accused of committing the criminal offenses “Passive corruption of high-ranking state officials”, committed in collaboration, (2 times) provided for by articles 260 and 25 of the Criminal Code; “Violation of equality of participants in tenders or public auctions”, committed in collaboration, provided for by articles 258/2 and 25 of the Criminal Code, (8 times); “Forgery of documents”, by a person in charge, committed in collaboration, provided for by articles 186/3 and 25 of the Criminal Procedure Code, committed 9 times; “Fraud”, committed in collaboration, with serious consequences, provided for by articles 143/3 and 25 of the Criminal Code, (2 times); “Fraud”, committed in collaboration (3 times), provided for by articles 143/2 of the Criminal Code.
Gazmend Haxhia – Accused of committing the criminal offenses; “Fraud with serious consequences”, committed in collaboration, provided for by Article 143/3 of the Criminal Code and “Forgery of documents”, committed in collaboration, provided for by Article 186/2 of the Criminal Code.
The legal entity “Landways International” LLC – Accused of committing criminal offenses; “Fraud with serious consequences”, committed in collaboration, provided for by Article 143/3 of the Criminal Code, “Forgery of documents”, committed in collaboration, provided for by Article 186/2 of the Criminal Code, and “Active corruption of high-ranking state officials or local elected officials”, provided for by Article 245 of the Criminal Code.
Alfred Nikolla – Accused of committing criminal offenses; “Fraud with serious consequences”, committed in collaboration, provided for by Article 143/3 of the Criminal Code, “Forgery of documents”, committed in collaboration, provided for by Article 186/2 of the Criminal Code, as well as “Active corruption of high state officials or local elected officials”, provided for by Article 245 of the Criminal Code.
Elton Marini – Accused of committing the criminal offenses of “Fraud with serious consequences”, committed in collaboration provided for by Article 143/3 of the Criminal Code and “Fraud” committed in collaboration provided for by Article 143/2 of the Criminal Code, as well as “Forgery of documents”, committed in collaboration and more than once provided for by Article 186/2 of the Criminal Code.
The legal entity “Nine Service Int” sh.pk – Accused of criminal offenses; “Fraud” with serious consequences, committed in collaboration, as provided for in Article 143/3 of the Criminal Code, and “Fraud”, committed in collaboration, as provided for in Article 143/2 of the Criminal Code, as well as “Forgery of documents”, committed in collaboration and more than once, as provided for in Article 186/2 of the Criminal Code.
Bjona Ziaj – Accused of committing the criminal offenses; “Fraud”, committed in collaboration provided for by Article 143/2 of the Criminal Code and “Forgery of documents”, committed in collaboration provided for by Article 186/2 of the Criminal Code.
Bledar Leka – Accused of committing criminal offenses; “Fraud”, committed in collaboration, provided for by Article 143/2 of the Criminal Code and “Forgery of documents”, committed in collaboration, provided for by Article 186/2 of the Criminal Code.
Marinela Jazoj – Accused of committing the criminal offense; “Active corruption of high-ranking state officials or local elected officials”, provided for by Article 245 of the Criminal Code.
Mira Topçiu – Accused of committing the criminal offense of “Forgery of documents”, committed in collaboration more than once (8 times), provided for by Article 186/2 of the Criminal Code.
Criminal facts:
1. During the investigations conducted, it is proven that the defendant, Ilir Beqaj*, has been acquainted with the defendant, Ermal Kurtulaj, at least since 2012, when the defendant was a partner at the company “Intech” sh.pk
The defendant Ermal Kurtulaj appears to have worked in 2017 at FSDKSH, then in several different projects and since 01.06.2022 he has worked as the coordinator of the "Facility Point" office, for the "EUSAIR" program, at SASPAC, appointed by the defendant Ilir Beqaj himself according to order no. 80, dated 26.05.2022.
During the exercise of his duties as Director General of SASPAC, the defendant Ilir Beqaj, acting as the ordering party in collaboration with the defendant, Ermal Kurtulaj, who acted as the executing party, during the years 2022-2023 carried out fictitious procurement procedures in violation of the "PRAG" rules, set out in the Rules of Implementation of the Financial Regulation, applicable to all EU external aid contracts, financed by the EU General Budget, the 10th European Development Fund (EDF) and mandatory to be implemented according to Article 5 letter "c" of Law no. 37/2015 “On the Ratification of the Framework Agreement Between the Republic of Albania, Represented by the Council of Ministers of the Republic of Albania and the European Commission on the Rules of Implementation of the EU Financial Support to Albania, within the framework of the Instrument for Pre-Accession Assistance (IPA II)” and Law No. 21/2018 “On the Ratification of the Financing Agreement between the Republic of Albania, the Republic of Italy and the European Commission, for the Interreg VB Adriatic-Ionian (Adrion) Programme 2014-2020”.
All services procured within the framework of the events "On the organization of the FESTA Conference (The Future of Environmentally Sustainable Tourism in Albania)" and "Energy Conference" as well as "Cooperation in the Adriatic and Ionian Region", organized in 2023, were not subject to a regular procurement procedure, but the winner was agreed and determined long before the procurement procedure was carried out, which was then fictitiously carried out for documentation purposes.
These tenders were conducted through a competitive negotiation procedure, which were ordered to be carried out by the defendant, Ilir Beqaj in his capacity as General Director, who signed the agreement to perform the specified service; the invitations sent to the entities to submit bids according to the type of procurement, the order for the establishment of a commission to evaluate the bids; the letter sent to the winner after the evaluation, as well as the conclusion of the contract, the payment orders - these actions were carried out some time later, from the conclusion and implementation of the contract.
Some of the services appear to have been fictitiously procured, as the commercial companies did not provide services, but rather defrauded in collaboration with the defendants Ilir Beqaj and Ermal Kurtulaj, for the purpose of material gain, and in at least two cases it is proven that the latter received irregular benefits from the defendants who represented these commercial companies.
2. The defendant Ilir Beqaj has made a false declaration on his assets from 2020 onwards, after he has hidden property interests in 50% of the shares in the commercial company “Albanian Food and Hospitality Services” shpk, with NIPT L91329021O and has not declared the expenses incurred for investments in this commercial company; has hidden the ownership and has not declared the expenses related to an apartment located in the city of Vlora; and has hidden the ownership of a vehicle.
As part of the investigations, a preventive seizure was imposed on the real estate (apartment), located in Lungomare, Vlora, and several bank accounts, and others were seized by the defendants, as follows:
14 323 125 (fourteen million three hundred twenty-three thousand one hundred twenty-five) lekë;
15,542 (fifteen thousand five hundred forty-two) euros;
42 318 (forty-two thousand three hundred and eighteen) USD;
19.4% of the shares of the trading company "Albanian Food and Hospitality Services" sh.pk
Three vehicles registered to the defendants
a. *The defendant Ilir Beqaj in the years 2014-2017 has exercised the functions; Minister of Health; in September 2017-2021, Member of the Parliament of Albania and then in 2022 he was appointed to the position of Director General of the State Agency for Strategic Programming and Aid Coordination known as "SASPAC".
b. Investigations are continuing into other criminal facts resulting from this criminal proceeding.
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